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8.1 Motion to accept bid for Levee 37: Burning Bush Trails Park
10/17/2019 BoardDocs®Pro v „tllr' T-77 Agenda Item Details Meeting Oct 15, 2019 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p.m. Category 8. VILLAGE MANAGER'S REPORT Subject 8.1 Motion to accept bid results for Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project in an amount not to exceed $4,402,622.40. Access Public Type Action Preferred Date Oct 15, 2019 Absolute Date Oct 15, 2019 Fiscal Impact Yes Dollar Amount 4,402,622.40 Budgeted Yes Budget Source Flood Control Construction Fund Recommended Action Accept the lowest cost, responsive bid as submitted by DiMeo Brothers, Inc. of Elk Grove village, Illinois for construction of Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project in an amount not to exceed $4,402,622.40. Public Content Information Levee 37 was constructed to protect homes and businesses from inundation by the Des Plaines River. The levee wall serves as a physical barrier between record river crests and the adjacent residential neighborhoods. It was designed and constructed by the U.S. Army Corps of Engineers (USACE). Local partners included the Illinois Department of Natural Resources (IDNR), the Cook County Forest Preserve District, the Metropolitan Water Reclamation District of Greater Chicago (MWRDGC), the City of Prospect Heights, and the Village of Mount Prospect (the Village). Construction was completed in 2011. The total cost of construction was approximately $36,000,000. Federal and State of Illinois funds paid for all but $500,000 of the tab. The City of Prospect Heights and the Village of Mount Prospect each contributed approximately $250,000. USACE estimates that the levee helps avoid $3,000,000 worth of property damage each year. The levee is comprised of 800 feet of sheet pile retaining wall, 1.3 miles of concrete floodwall, three (3) pump stations, and numerous drainage structures. It protects over 260 acres of developed property in the City of Prospect Heights and the Village of Mount Prospect. Two (2) of these pumping stations are situated in Mount Prospect (Pump Station 1 and Pump Station 2). In addition, 400 feet of sheet pile retaining wall and 4,600 feet of concrete floodwall are within Mount Prospect corporate limits. The Village of Mount Prospect is responsible for the operation, maintenance, and ultimate replacement of levee system assets within its jurisdiction. The levee provides effective protection from river flooding. It was tested by the record Des Plaines River crest in 2013 (rising to within 3 feet of overtopping the floodwall) and several subsequent elevated crests that would have https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 1/5 10/17/2019 BoardDocs®Pro generated flooding conditions if the levee was not constructed. The levee is effective because it forms a complete seal between the river and adjacent land. This seal prevents the river from overtopping its banks. However, it simultaneously prevents rain water collected in the storm sewers tributary to the levee from discharging to the river. In 2015, the Village hired Christopher B. Burke Engineering, Limited, of Rosemont, Illinois (CBBEL) to investigate the causes of flooding in areas tributary to the levee system when river levels are elevated. Their findings are documented in the 2015 Levee 37 Flood Study. CBBEL observed that when the river level rises, backwater valves on the storm sewer discharge pipes close; isolating the storm sewers from the river. These devices prevent river water from flooding adjacent neighborhoods via the storm sewer system. Sensitive to water pressure, backwater valves close when river levels rise preventing river water from entering the Village storm sewer system. This mode of flooding occurred during a river crest in 1987 that damaged dozens of homes and rendered local streets impassable for days. When the storm sewer backwater valves are closed, rainwater that falls in the neighborhoods near the levee is diverted to the pumping stations. These pumps have the capacity to discharge water at a combined rate of 60 cubic feet per second (CFS). However, CBBEL was able to calculate that prior to construction of the levee, most rainwater was collected by the storm sewer system and conveyed to the river via ,gravity_discharge (no pumping stations) at a rate of 240 CFS. The original design of the levee system assumed that the circumstance where the river level is high, storm sewer backwater valves are closed, and significant rain falls in adjacent neighborhoods was rare. However, experience reveals that this condition is much more commonplace. Street and structure flooding occurs because of the inadequate pump station discharge rate. The 2015 Levee 37 Flood Study concluded that the pump station discharge capacity should be increased. It also recommended constructing detention ponds and larger storm sewer pipes to improve stormwater storage and convey water to the pump stations more effectively. Stormwater Improvements at Burning Bush Trails Park The Levee 37 Flood Study recommends construction of stormwater detention facilities and associated conveyance pipes in the storm sewer basins tributary to the pump stations. These upgrades will enhance the ability of the pump stations to dewater the area following rain events that occur during elevated river conditions. The study proposed constructing these facilities adjacent to Indian Grove Elementary School and Frost Elementary School. However, during subsequent exploratory conversations, River Trails School District 26 and Consolidated School District 21 declined participation in the projects. However, the River Trails Park District (the Park District) expressed interest in developing projects that could coincide with improvements at their nearby park facilities at Aspen Trails Park and Burning Bush Trails Park. These concepts are depicted in the attached proposed layout maps. Also attached is an intergovernmental agreement (IGA) between the River Trails Park District and the Village establishing a paradigm for developing stormwater management facilities at Burning Bush Trails Park and Aspen Trails Park. This agreement was approved by the Village Board on June 4, 2019, and the River Trails Park District Board of Trustees on June 6, 2019. The accord also establishes a timeline emphasizing construction and rehabilitation of Burning Bush Trails Park first, followed by Aspen Trails Park. This sequencing reflects the Park District's priorities for the respective facilities. It also develops the projects in a manner that avoids simultaneous construction at both parks. Burning Bush Trails Park is presently slated to start construction this year. Assuming timely completion, work at Aspen Trails Park could begin in 2020 or 2021. Most importantly, the IGA affirms the concept that the Village will be the primary payer for construction and restoration of the park properties. Notably, restoration will include procurement and installation of park amenities requested by the Park District. (Note: the Park District plans to contribute $650,000 towards the replacement of park amenities at Burning Bush Trails Park. Presently, no Park District participation in restoration costs is anticipated for Aspen Trails Park.) https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 2/5 10/17/2019 BoardDocs®Pro The logic supporting this agreement is that utilizing park property, including the cost of restoring or upgrading park facilities, is less expensive than constructing required stormwater detention below neighborhood streets in large pipes. Burning Bush Trails Park is the more advanced project. The Park District secured design services from a landscape architect firm to design park amenity improvements. This firm worked in conjunction with CBBEL developing plans and specifications, including park amenities and stormwater improvements, for this facility. Park amenities include recreation equipment and other park attractions. Stormwater improvements include the detention facilities and associated pipes. To help mitigate the financial burden of stormwater improvements at Burning Bush Trails Park, the Village was awarded a $1.3 million grant from the Metropolitan Water Reclamation District of Greater Chicago (MWRDGC). For reference, a copy of the intergovernmental agreement between the MWRDGC and the Village delineating the terms of this agreement is attached. This IGA was approved by the Village Board on August 7, 2019. Bid Results Detailed plans and specifications to construct stormwater improvements were prepared by CBBEL. A notice to bidders was posted on the Demandstar by Onvia website and published in a local newspaper. Copies of the bid documents and project plans are attached. The bid opening for the Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project was held on September 23, 2019, at 1:00 PM. Three (3) contractors submitted bids for this project. The bids ranged from a low of $3,834,384 by DiMeo Brothers, Inc. to a high of$4,169,534 by V3. In addition, a mandatory pre-bid meeting was held on September 10, 2019, at the project site (Burning Bush Trails Park). Seven (7) contractors attended. A summary of bid results is denoted in the tables below. A detailed bid tabulation is attached. Table 1: Base Bid Bidder Base Bid Total Ed$3,554,410.50 .............................DiMeo Brothers, Inc. $3,834,384.00 ............................................................................................................................................................................ Martam Construction, Inc $4,004,899.92 V3 $4,169,534.00 Engineers Estimate $3,554,410.50 Table 2: Base Bid + Alternate A Bidder Base Bid Alternate A Total (Base Bid+Alternate A ................................................................................................................................................................................................................................................................................................................................................................................................. DiMeo Brothers, Inc. $3,834,384.00$168,000.00$4,002,384.00 ................................................................................................................................................................................................................................................................................................................................................................................................. Martam Construction, Inc.$4,004,899.92$106,218.68$4,111,118.60 V.3.....................................................................................................................4.....1.6.9....5.3.4....0.0.....15.4,9.6.6..0.0......4.,3.2.4,5.0.0..0.0............................................................. -Engineer's ....................................3....5.5.4...4.1.0...5.0......7.8,0.0.0...0.0............3....6.3.3.,3.1.0...5.0............................................................. Table 3: Base Bid + Alternate B Bidder Base Bid Alternate B Total (Base Bid+Alternate B DiMeo Brothers, Inc $3,834,384.00$999,807.00 $4,834,191.00 .................................................................................................................................................................................................................................................................................................................................................................................................. V3 $4,169,534.00$919,622.00 $5,089,156.00 .................................................................................................................................................................................................................................................................................................................................................................................................. Martam Construction, $4,004,899.92$1,680,314.88$5,685,214.80 Inc Engineer's Estimate $3,554,410.50$634,950.00 $4,189,360.50 Discussion All bids were reviewed for accuracy and completeness. The bid from Martam Construction Company, Inc. was amended to correct mathematical errors. The corrected calculations did not alter the order of compiled bid results. All bidders properly signed bid documents and submitted appropriate bid security. The Base Bid consists of fundamental stormwater improvement features including construction of the detention basin, the detention basin underdrain system, and installation of the large diameter storm sewer. https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 3/5 10/17/2019 BoardDocs®Pro Alternate A is pricing to irrigate the athletic fields at the bottom of the basin utilizing a groundwater well. Alternate B irrigates the fields using a new service connection to the Illinois American Water Company water main in the Burning Bush Lane right-of-way. The lowest cost bidder for the Base Bid, Alternate A, and Alternate B is DiMeo Brothers, Inc. of Elk Grove Village, Illinois. DiMeo has not performed work for the Village in the past. However, the firm submitted appropriate references for work of similar scale and scope including construction of stormwater detention basins and installation of large diameter sewers for projects in Elmwood Park and Arlington Heights. Due diligence reference checks wih these municipalities indicates that DiMeo performed good quality work, completed the project within the schedule, followed directions, did not quarrel about quantities, and completed work under budget. Staff recommends awarding a contract to DiMeo Brothers for construction of Base Bid work and Alternate A work. Staff also recommends including a 10% contingency is the award for this project to accommodate quantity variances or unanticipated field conditions. Inclusion of this contingency would increase the recommended award to $4,402,622.40 ((Base Bid: $3,834,384) + (Alternate A: $168,000) + (10% Contingency: $400,238.40) _ $4,402,622.40). Work will commence this fall and continue throughout the winter (weather permitting). Substantial completion is expected early next summer (2020). Alternatives 1. Accept the lowest cost, responsive bid for Levee 37 Burning Bush Trails Park Interior Drainage Improvements (Base Bid). 2. Action at discretion of Village Board. Staff Recommendation Staff recommends that the Village Board accept the lowest-cost, responsive bid to construct the Levee 37: Burning Bush Trails Park Interior Drainage Improvements Project submitted by DiMeo Brothers, Inc., of Elk Grove Village, Illinois for an amount not to exceed $4,402,622.40. BidTab_ Burning Bush_ MountProspect_2019-09-23.pdf (179 KB) AddendumOl_BurningBushTrail-BasinSewer_MountProspect-150225-04_2019-09-13.pdf (1,862 KB) Burning_Bush_Trails_Park_Plans.PDF (59,442 KB) Burning_Bush_Trails_Park_BidBook.PDF (20,793 KB) Levee 37 Burning Bush Trails - DiMeo Brothers, Inc.pdf (36,444 KB) IGA-RTPD.pdf (932 KB) Final IGA Mount Prospect with Exhibits 7.29.19.pdf (8,721 KB) Burning Bush and Aspen Trails Proposed Stormwater Improvements Layout Plans.pdf (4,761 KB) Administrative Content Anticipated total revenues and expenditures for the Burning Bush Trails Interior Drainage Improvements Project are denoted in the table below: Table 4: Sources of Funds and Anticipated Expenditures https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 4/5 10/17/2019 BoardDocs®Pro Item Revenue Expenditure Revenues .................................................................................................................................................................................................................................................................................................................................................................................................. Flood Control Construction Fund 2019 Bud et $21735,789.78 Flood Control Construction Fund 2020 Bud et $31113,631.00 MWRDGC Phase II Construction Grant $1,348,000.00 .................................................................................................................................................................................................................................................................................................................................................................................................. Total Revenue for Pro"ect:$7,196,420.78 .................................................................................................................................................................................................................................................................................................................................................................................................. Expenditures .................................................................................................................................................................................................................................................................................................................................................................................................. DiMeo Brothers (construction) $4,402,622.40 .................................................................................................................................................................................................................................................................................................................................................................................................. River Trails Park District (IGA for use of land, park $11100,000.00 recreational equipment) C.B.B E.L..............ro......o.5e.tl........(construct.1.o.n....engineering) .................................................................................................................................3.3.0....0.0.0...0.0 Total...Expenditures..... ... ..� .................................................................................5,...832622.40 far Project: $' Executive Content Motion &Voting Accept the lowest cost, responsive bid as submitted by DiMeo Brothers, Inc. of Elk Grove village, Illinois for construction of Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project in an amount not to exceed $4,402,622.40. Motion by Richard Rogers, second by Paul Hoefert. Final Resolution: Motion Carries Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotelli, Michael Zadel https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 5/5 - � - - )\\ ca 19 15 \ }\\ - ) n D a D � - § \}\} ` � 0 kz ! § § - _ \ ( \\\\ \ - � - )\\ - « / 7 �\} � \ \ / /= \ ! 4 } } } } ) \ \ \ \ ) } } } ) ) \ \B \ \ \ \ \ \ \ \ \ \ } } } \ \ \ \ } \ \ \ \ (\\ ) IX - � - t)\ E . m 0 « / 7 �\} § - : z B I ( / § - \ \\ \ \ j \ : \ \_ \ \ \ ( \ } n \ \ \ ! _ ! P t 3 = : :§ / § _ - : - : 9 ( - \ ( \ (� - - ) ( \ 0 \ - � \\\\ � ) \ ) \ \ \ } ) \( \ / ) ) / } \ \ \ \ \ { \ }\\\ \ \ \ \ x w : : - � - t)\ « / 7 \} ol Do 10\ 3 \ \ § ` _ _ \ ! \ \\\\ r \ \ \ : \ \ \ �. \ \ \ \ \ \ \ \ \\\\ \ - � iE (}/ - - t)\ § \\\ 2 ~ E - : \ \ \\\\ ! � \ \ \ \ \ \ \ \ )>/§ / - § - t)\ 14 - « / 7 �\} CY § \\\ l< Z< - - � - _ - \ ( \ \\\4 \ \ \ \ \ \ \ \ \ \ \s \ \ \ \ lz \\ \ \ \ \ \ \ \ \ } ±jrfz z z z z z z z z z z z z ! \ )>/§ / o - te o 75 19 § 14 4 - t)\ \ \ � - « - - - - - \ 3 , \ \\\ \ ! \ \ 0 / \ E \ \ ( ) ( \ \ 0 0 0 _ § ( § - / ) - - - - - _ § - / / - } ! } § E \ ( ( \ - _� : : E § § E j { ( ( r ( { ( j ` -65 \ \\ \ \\ \ \ \ \ \ \ \ \ \ \\ \ \ \\\\ \ o ) �\ / \ §® ® - - cali-Ei 19 - - )\\ § \\\ § � \ \\\\ \ ADDENDUM NO. 1 Village of Mount Prospect Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project (CBBEL PROJECT NO. 150225.00004) Please note the following changes/clarifications to the bid documents: 1. Revision to SP-1 and Plan GN. Correcting date/edition. "THE STANDARD SPECIFICATIONS FOR WATER AND SEWER MAIN CONSTRUCTION IN ILLINOIS" JULY 2014 7TH EDITION". 2. MWRD has confirmed that their requirements (M/W/S/V BE, Union company, etc.) apply only to the work being submitted for reimbursement. Please refer to the specification book for the specific percentage of the total contract and maximum reimbursement amount for specific amounts contractors will need to have meet the M/W/S/V BE requirements. Bidders shall meet these requirements for "Base Bid" items. Alt A and Alt B items do not need to meet MWRD requirements. 3. CA-6 shall be used for all Trench Backfill. 4. The existing sanitary sewers and services are owned by private utility company. As part of utility coordination, the utility company shall adjust/protect their facilities. 5. All storm sewer pipe shall be paid as noted in the plans. All sanitary services are private utility. 6. Plan Sheet 3's note regarding sheet piling shall be stricken. It referred to the area now shown as Controlled Low Strength Material Backfill. 7. Contractor is responsible for means/methods and can propose construction sequencing that differs from the plans as long as drainage is maintained, utility relocates can occur, and project is constructed "in the dry' as determined by the Engineer. 8. Any below grade areas of the segmental wall do not require face panels. All face panels shall extend approximately 3" below grade. 9. The Unilock universal base pad (19"x14"x2", standard grey/concrete color) may be used as the "PAVER STRIP AT WALL". Payment will be based on 12" width. 10. The northwest ball field backstop has an integral wall. The southeast ball field backstop does not have an integral wall. 11. All M/W/S/V BE material suppliers meeting MWRD requirements can be credited toward the M/W/S/V BE percentage requirements. 12. The Ownerwas not opposed to the request of entertaining different irrigation manufacturers for this project. If the product meets the requirements of the special provisions and plan details, they could be considered as an approved equal if presented by the Contractor as a value engineering alternative. 13. The Owner was not opposed to the request.Allan Block and Old Castle products meeting the requirements of the special provisions and plan details, could be considered as an approved equal if presented by the Contractor as a value engineering alternative. 14. Along with Addendum No 1, the following pages of the Bid Request Book shall be returned with the bid. Bid Book Pages 251, 275-283, 287-289, 324-361. Note that additional requirements are noted thought Addendum No. 1 Page 1 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project (CBBEL PROJECT NO. 150225.00004) out the Bid Book (for example, page 95, 97 and MWRD). Bidder is responsible for reviewing entire Bid Request Book and providing requested Bidding documentation. 15. Construction Set Drawings will be issued with these revisions shown. 16. Bid Book Page 347. Alternate B Bid: repeated Pay Item 114 and 115 on the bottom of the page are repeats and shall be stricken from the bid as shown below. REF PAA"rrEN1 DESCRIPITIOwi UNI"I" (ju�1.N'II"IR' UNI I` .A1,TERN ATE R NO L,OS1 St,B"rOr,AL. WELL PUMP-SHALLOW-4"BLACK PIPE, 141IRR ALTB 49 COATED FOOT 2�a0 ....... ............................................................................................................................................................................................................................................................... ....................................................................................................................................................... WELL.PUMP_SHALLOW•#4 144 IRR ALTS 501 SUBMERSIBLE CABLE FOOT 260 WELL.PUMP-SHALLOW-4-INCH CHECK 145 _IRR AL,'I B 5'9 VALVE EACH 2 WELL PUMP-SHALLOW-AIRLINE,TAPE 146 IRR ALTB 52 &BANDING LSLIM 1 ...........................................................:::........................................................................................................................................................................................................................ .................................................................................................................................................... WELL,PUMP-SHALLOW-PRESSURE 147 IRR AL,'T'B 53 TRANSDUCER&PIPE FOOT 250 WELL PUMP•SHALLOW-MOTOR 1411 IRR ALTB 54 STARTER,CONTROLLER,&VFD LSUM 1 WELL PUMP-SHALLOW-WELL PUMP' 149 IRR ALTB 55 INSTALLATION LSUM 1 WELL PUMP•SHALLOW-START-UP& 150 IRR ALTB 56 INSTRLICT'ION DAY 1 WELL.PUMP-SHALLOW-COM EE') ELECTRICAL SERVICE INSTALLA'1"ION'TO 151 IRR ALTB 57 WELL PUMP LSUM 1 WELL PUMP-SHALLOW-PROVIDE AND 157 IRR ALTB 5EI INSTALL,HYDROPNEUMATIC TANK LSLIM 1 .�W EL F�u�i�>.-..SHALLOvv..ry..F ROViD.............................................. 153 IRR AL'T'S 59 INSTALL WELL SHED LSUM 1 WELL PUMP-DEEP..125 HP, 30160HZf460V,3500 RPM SUBMERSIBLE 154 IRR ALTB 60 MOTOR LSUM 1 WELL PUMP•DEEP-SUBMERSIBLE 155 IRR ALTB 61 WELL PUMP LSUM 1 WELL,PUMP-DEEP.4"BLACK PIPE, 156 IRR ALTB 62' COATED FOOT 9070 WELL PUMP_DEEP-(I4.O SUBMERSIBLE 157 IRR ALTB 63 CABLE FOOT 9010 WELL,PUMP-DEEP.4-INCH CHECK 158 NRR AL'T'B 64 VALVE EACH 3 WELL PUMP-DEEP-AIRLINE,TAPE& 159IRR ALTB 6 BANDING LSUM 1 .............:-........................................................................................................................................................................................................................................... ....................................................................................................................................................... WELL PUMP-DEEP..PRESSURE 16'0 YRR AL1"B 65 "TRANSDUCER&PIPE FOOT 900 WELL,PUMP-DEEP-MOTOR STARTER, 161 IRR ALTB 67 CONTROLLER,&VFD LSUM 1 WELL PUMP-DEEP-WELL PUMP 162 IRR ALTB 68 INSTALLATION LSUM 1 WELL PUMP•DEEP-START-UP& 163 IRR ALTB 69 INSTRUCTION DAY 1 �................................................................................................................................. WELL PUMP-DEEP-COM ED ELECTRICAL SERVICE INSTALLATION TO 1641 IRR ALTB 707 WELL PUMP LSUM 1 WELL PUMP-DEEP..PROVIDE AND 165 1 IRR ALTB 71 INSTALL,HYDROPNEUMATIC TANK LSUM 1 WELL PUMP•DEEP-PROVIDE AND 166 IRR ALTB 72 INSTALL WELL SHED LSUM 1 .. ............................................................................................................................................................................................................................................................... .................................................................................................................................................... .... ....... ........................... r�l.�TERNATE B PRICE(tile:sura of"ex�te:n�sions of the Alternate I3 Sc�k7edule�of Prices): Dollars and Cents (In wri(in ) (III writing) Dollars and C;cnts _........................................................................................................................................................................................... ........................................................................................................... (Ir)figure) (III figure) I.ewec 37: Burning S3nsh'rrails Fork Interior Drainage In111ro enient Protect Bid Book Page 347 Addendum No. 1 Page 2 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project (C8BELPROJECT NO. 15O225.OU0U4) 17. Page 48 Detail updated: Isolation valve and backflow preventer shown below. 8'x 10'x&H WOOD HYDROPNEUMATIC FRAME SHED ON TANK,30"0 CONCRETE SLAB BACKFLOVV EL.EqrRIC MET ISOLATION OUICK COUPLER IRRIGATION ELECTRIC SERVICE CONTROLLER WELL CONTROL PANEL 36"DOOR PROPOSED WELL SHED NOT TO SCALE TITLEs LEVEE 37: BURNING BUSH TRAILS PARK PROJ. NO. 150225.00004 INTERIOR DRAINAGE IMPROVEMENT PROJECT DATEs8/16/19 BID SHEET 48 OF 56 IRRIGATION PLAN - WELL DETAILS DRAWING NO. 48 Addendum No. lPage ] Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project (CBBEL PROJECT NO. 150225.00004) 18. The existing and proposed grading presentation has been updated to show additional contour elevation call-outs, as shown in this Addendum. Note that proposed contours are for reference only, see grading plan for spot elevations. N „ A 4 a ,y X BALLFtELo....�' r " ' •mom EX BALLFIELC} �` v P ✓ Wig V , d i t\{W J µ^r LSC CONTOUR (TYP) PR CONTOUR (T'Y P} cuom "na LEVEE 37:BURNING BUSH TRAILS PARK JIBR"CHRISTOPHER B.BURKE rvr;ar�i.aat�rmr;,a:rrr. VILLAGE OF (MOUNT PROSPECT' INTERIOR DRAINAGE IMPROVEMENT PROJECT ' AN ��O 9"04,�"; PUBLIC WORKS DEPARTMENT EXISTING/PROPOSED Rr^M�,rr�rcwry r Ilkmn^��ao��V{ruS�Yp E8•''84-'0500 MOUNT P s�'°�I,R�°6 0056 CONTOURS EXHIBIT Addendum No. 1 Page 4 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project (CBBEL PROJECT NO. 150225.00004) 19. On-Site Pre-Bid Meeting sign in sheets: ATTENDANCE RO TER:MANDATORY PRE-BID MEETING PROJECT: Levee 37:Burning Bush Trails Park Interior Drainage improvement. Village of Mount Prospect LOCATION: boning Bush Corruriuntly Center,1313 N Burning Bush br,Mt Prospect,1L.60056 DATE: 2019-09-10 at 1(00 wn INVITEES: Bidders,Village,Peak Mstrict+JS()lAbulfing Prot ect Uaisog%CBBEL Ronnie Ebs" gin" (,dy Z,'J. L .. ..... .... 1! 2o o 3 4 WD 5 gti&; 15 A 7 6 q-G'700, S G 14 7'ri, C 0,"i < 10 .............. . .. ................................... 11 12 .... .................... -------- PROJECT: Levee 37:Burning Bush Trails Park Interior Drainage Improvement. Village of Mount Prospect LOCATION: Burning Bush CornnuAnity Center,1313 N Butting Bush L.n,Mt Prospect,H.,60056 DATE: 2019.09-1 Pa at 10.3 1 aM INVITEE& Ndders,WlAgA,Park District rJSD(Abutfing pmject baison(,CBRFI, 13 14,..,._. . V; 1.. wz� 4, 17 I I L k�4� t 14 zk�Do .tj . ..... .......... ............ 1 9.2 ------------------- 20 ........................... ------------- 21 ...... ........................ ------------- 22 ....................... 23 .................. ............ P4 ------------- Addendum No. 1 Page 5 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project (CBBEL PROJECT NO. 150225.00004) PROJECT. Levee 37:Burning Bush Trails Park Interior Drainage trnprovernent. Village of Mount Prospect LOCATION: Burning Bush Commurtity Center,1313 N Buining Bush Ln,W Prospect,lL 60056 DATE: 2019-0�9-1 0 at 1 0.30 arn INVITEM Bidders,ViHage,Park District+JSD(Abuffing project Uaisonr ,GBBEL Narne BRIZMAWflaa PhQL12 921fty ............. 26 ......... 27 28 .......... 29 30 .............. ............. ...... ............ ------— -- - 32 ............................. 33 .......... 34 ............— -—------ 35 ................ 36 Please acknowledge the receipt of this addendum by signing the acknowledgement and emailing a copy of all pages to publicworksdept(cD-mountprospect.org with blukea_cbbel.com Cc'd on that email. This addendum needs to be signed and included with the sealed bid. Failure to properly acknowledge this addendum as noted above may result in disqualification of the associated bid. END OF ADDENDUM NO. 1 1 acknowledge the receipt of Addendum #1 for the above referenced project: Signed: Name Name of Company N:\MOUNTPROSPECT\150225.00004\Specs\Addendum0l_BurningBushTrail-BasinSewer MountProspect-150225-04 2019-09-13.docx Addendum No. 1 Page 6 I ci < Fw z. w rcN a o f?� ,� Y 7 ¢ Q m yr W o p w m W W o F< w a � - - - - - z xl m o � i <a v�,,, ti ,,, N — O ww ��< O 0� Z t-��-t n3nrn s3wnd s3a J 1g" W Ili w ��� 1 q i � ✓ �f rrr mn sa n ,fl y/l� ilhtird��P�� � / �7 ��%�i ! .,�I¢ Will m), ,kdhd +1P� 1 s N Abp' I /9 µi �� 'a rr Ilfi�l ry Q of ' d Ii "NGS rry, �4 ��""�r �"�d �4t �' f//`i� i 1 'Po 'I 'y ytiti r�„,�Sa k' •'„ Z> m y r clll Z /w ar 3i� �rrJaF ry r j ➢,A (Uf 1 l u➢ �ol €r- ow �r�w d f """� �. v Yr p Y1 ti/ iti 'm cu ji is w h d u Z •• ,M �r,�' l ����'pi ti" � � tii � ' r ! �9"�� I %lr�b w A ! ` 0 aa'/Y ' Po y��+� + l fi IM r1 — Wr..... r o �Nvy xsr/§ammane �+ LLm �u0�rl� ■■ r 8 � y/Iipq W� Wp � W a >- w W W 00 oVW wNF- J J W mIz w-< LL o _ = o = az NF X Jp } W~ 7 ' K U w 0 u Z � < a p �(n d'J WU w < o o .. � >� Uw�rw _ CDw W N LLWQ p oN Q Q'QK lN WU' U K N �J07 W �QJ�w W= W Z Q Q Q W w �n o in < o in in v m m m .. .. .. .. .. w U (DJ J W==J j JJJ Q J U U z J� JQLL3w��U € s s a a Of Has, < a - ° z _ ¢ SPUR Sa 3m zoow o5Q a o o < z n - T-hyi '5 - za°g ° 3m �a���n~ -- - a a o 0 o u o w 04 N o I- ° °o a g ' �Z rc wv w >z w s Q S d a w F _ F z - - _ - r dao �_ o -oG,s ? z a= J _ N 3 6 G =Z o_ m IS zo 3 z o o S WHEN p z o - m� C7 g - _ w o z a a g - 3 o M 61s Tirc �p z _ _ agoia G6 F G o a a° - = g __ rc o.`.' m J o 3 z C¢ r Z W o 0 3 p Oil i a 3 _ z z - o f a d a- z w N Yom �5 _ SEE G�a�ao0 G 5 -_ as a aI HOWmoa NAT sub g a g 3 a'2> s z Z 3 -ip i _ a z 3 a Q o = U as oma, _ _ _ _ o Ing, _ 8 is 1 ME 4 - N G a o tie - - Z a G rF v d w G b ao Z O ,tui rc <n p J i� z rc n rc N 5 LL °3 -z' - 1' a a aiao R. 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Central Road, Mount Prospect, Illinois 60056-2229 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project 111"sJ l J1I"i it fief JTiJI '",III",f"Plf1f J� t�Jli l�( (} ? Bid Book Page 1 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project HJ6 Bid Book Page 2 NOTICE TO BIDDERS Bid for Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Sealed bids will be received until 1:00 p.m. on September 23, 2019 in the office of the Village Manager, 3rd Floor, 50 S. Emerson Street, Mount Prospect, Illinois 60056, In a separate, sealed envelope please submit bid clearly marked "Sealed Bid for Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project". The project includes, but is not limited to the following bid items: curb and gutter removal, curb and gutter, full-depth HMA pavement patching, concrete sidewalk removal, concrete sidewalk, storm sewer, earth excavation for a detention basin, topsoil and seeding, short segmental concrete block walls, ADA ramps, stairs, railings, irrigation system, irrigation water system [water service pipes from water main or water well (shallow or deep)], HMA path removal, HMA path, tree removal, trees, ballfield fencing/backstops, benches, temporary erosion control, temporary dewatering/bypass pumping, access management, traffic maintenance, as well as all incidental and collateral work necessary to complete the project as shown on the plans and as described herein. The Work shall be constructed in accordance with the Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project. The prime Contractor must be IDOT pre-qualified in Drainage and/or Earthwork. There will be a mandatory "on-site" pre-bid conference at 10:30 a.m. on September 10, 2019 at the Burning Bush Community Center, 1313 N Burning Bush Ln, Mt Prospect, IL 60056. Plans and specifications may be obtained from the Village's on-line service. Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Hid -c Bid Book Page 3 All work under this Bid and the resulting contract shall comply with the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et seq. and the other applicable laws and ordinances. Offers may not be withdrawn for a period of ninety (90) days after the bid date without the consent of the Board of Trustees. Any Bid submitted unsealed, unsigned, sent via email or fax or received subsequent to the aforementioned date and time, will be disqualified and returned to the bidder. The Village reserves the right in its sole discretion, to reject any and all bids or parts thereof, to waive any irregularities technicalities and informalities in bid procedures and to award the contract in a manner best serving the interests of the Village. Village Manager Michael Cassady Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project 1`i d -';1 Bid Book Page 4 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Table of Contents Bid Book Page, Section 3 Notice to, Bidders 5 Table of Contents 6, Instructions to, Bidders 12 General Conditions 33 Special lProviisions 16(9, MWRE), Requirements (IGA, IFOR MS, O&M IPLAN) 291 SWRRP[NO1 3,03 Soil Certifications IForrm s LK-6,63 and Geotechnical Report 323 LR1,07-4 324 Bid IForm 329, Aff Wavit—Bid Certification Form 335 Bid Sheet (B,as,e, Afternate A, and Alternate B) 351 Contract 357 Labor and Material IPayment Bond Performance Bond Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Nd "I Bid Book Page 5 INSTRUCTIONS TO BIDDERS 1) Bid. Bid forms are furnished by the Village. All bids must be submitted on the forms provided, complete and intact, properly signed in ink in the proper spaces, and submitted in a sealed envelope. All bids shall be delivered to the office of the Village Manager, Village Hall, 3rd Floor, 50 S. Emerson Street, Mount Prospect, Illinois 60056, not later than 1:00 p.m. on September 23, 2019. Envelopes shall be plainly marked, "Sealed Bid for Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project" and with the following information: company's name, address, date and time of opening. Bids must be signed by an authorized official of the organization submitting the bid with the name of the official and his/her title typed below the signature. Alternate Bid project. This project has alternate bids. All alternates shall be bid, or bid shall be rejected and retuned. The Village may award Base Bid + Alternate A, or Base Bid + Alternate B. Base Bid: all work not included in Alternate A or in Alternate B. Alternate A: Water Main Connection Items connecting proposed irrigation system to existing private water main [shown in plans and schedule of prices under "Alternate A" heading]. Alternate B: Water Well Connection Items connecting proposed irrigation system to proposed water well [shown in plans and schedule of prices under "Alternate B" heading]. 2) Pre-Bid Conference. There will be a mandatory "on-site" pre-bid conference at 10:30 a.m. on September 10, 2019 at the Burning Bush Community Center, 1313 N Burning Bush Ln, Mt Prospect, IL 60056. 3) Bid Deposit: Surety. A bid deposit in the amount of ten percent (10%) of the total Base Bid + Alternate B bid amount, payable to the Village, is required, unless otherwise stated in the bid package. The deposit must be in the form of a bid bond, certified check, or a bank cashier's check. All bid performance deposit checks will be retained by the Village until the bid award is made, at which time the checks will be promptly returned to the unsuccessful bidders. The bid performance deposit check of the successful bidder will be retained until surety bonding requirements have been satisfied and proof of insurance coverage is provided. 4) Deviated Bids/Specifications The Specifications describe the services that the Village feels is necessary to meet the performance requirements of the Village. It is not the desire or the intent to eliminate or exclude any bidder from bidding because of minor deviations, or changes. Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Hid -c Bid Book Page 6 Bidders desiring to bid on services which deviate from these Specifications, but which they believe are equivalent, are requested to submit "deviated" bids. However, "deviated" bids must be clearly indicated as such, and deviations from the applicable Specifications should be plainly noted. The bid must be accompanied by complete Specifications for the services offered. Bidders wishing to submit a secondary bid must submit it as an "deviated" bid. There is to be only one bid per envelope. The Village shall be the sole and final judge unequivocally as to whether any substitute is of equivalent or better quality. This decision is final and will not be subject to recourse by any person, firm or corporation. If the bidder wishes to qualify its bid or make special stipulations thereto, such qualifications or stipulations shall be stated on standard letterhead size sheets of paper, all attached to the bid form. 5) Erasures. All erasures or revisions of the bid must be initialed by the person signing the bid. 6) Receiving Of Bids. Bids received prior to the time of opening will be securely kept, unopened. The Village Clerk or his/her designee, whose duty it is to open the bids, will decide when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will be attached to the Village or its representatives for the premature or non-opening of a bid not properly addressed and identified, except as otherwise provided by law. 7) Late Bids. Bids arriving after the specified time, whether sent by mail, courier, or in person, will not be accepted. These bids will either be refused or returned unopened. It is the bidder's responsibility for timely delivery regardless of the method used. Mailed bids which are delivered after the specified hour will not be accepted regardless of post marked time on the envelope. 8) Bids By Email And Fax. Email and Facsimile machine transmitted bids will not be accepted. 9) Error In Bids. When an error is made in extending total prices, the unit bid price will govern. Otherwise, the bidder is not relieved from errors in bid preparation. 10) Withdrawal Of Bids. A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the Director of the requesting Department prior to the specified time of opening. After the opening, the bidder cannot withdraw or cancel his bid for a period of ninety (90) calendar days, or such longer time as stated in the bid documents. 11)Bidders Qualifications. All bidders must submit the following information on or before the time at which the bid is required to be submitted: a. The location of the bidder's permanent place of business. b. Evidence of ability to provide an efficient and adequate plan for executing the work. Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Nd aI Bid Book Page 7 c. A list of similar projects carried out by the bidder. d. A list of projects the bidder presently has under contract. e. Any additional evidence tending to show that the bidder is adequately prepared to fulfill the contract. 12)References; Background Check. Bidders shall include with its bid, on a separate sheet attached to the bid, the names of three (3) references regarding its financial qualifications and three (3) references regarding its qualifications by experience, ability, personnel and equipment to undertake work of the nature and extent contemplated by the bid and Specifications. References must include company name, address, contact person, and telephone number. The Village reserves the right to reject bids not accompanied by the required references. All Bidders, as a condition of and prior to entry into a contract, agree that a complete background investigation of the principals of the Bidder and all employees who will work on the project may be made. Bidders agree to cooperate with the appropriate Village personnel to supply all information necessary to complete these investigations. The Village in its complete discretion may disqualify any Bidder, including a low Bidder, and may void any contract previously entered into based upon its background investigation. 13)Consideration Of Bid And Contract. No bid will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the Village upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the Village or had failed to perform faithfully any previous contract with the Village within two (2) years prior to the date of the invitation to bid. 14) Conditions. Bidders are responsible to become familiar with all conditions, instructions and Specifications governing this bid. The bidder is responsible to visit a site if necessary and its bid is based upon the knowledge of all information readily available at the site of such a visit. Once the bids have been opened, the failure to have read and understood all conditions, Specifications and instructions shall not be cause to alter the original bid or to request additional compensation. No extra compensation will be allowed the successful bidder for failure to inform or familiarize itself prior to bidding. 15) Interpretation Of Bid Documents. Any bidder in doubt as to the true meaning of any part of the Specifications or other bid documents may submit a written request for interpretation to the Village, as provided in the Specifications. Bidders will acknowledge receipt of any addendum issued by so noting on the bid sheet. Oral explanations are not binding. 16) Prices. Unit prices shall be shown for each unit on which there is a bid, and shall include all packing, crating, freight, and shipping charges, and cost of unloading at the destination unless otherwise stated in the bid. Unit prices shall not include any local, state or federal taxes. The Village is exempt, by law, from paying state and village retailer's occupation tax, service occupation Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project J`i d -';1 Bid Book Page 8 tax, and federal excise tax. The Village will supply the successful bidder with its tax exemption number. Cash discounts will not be considered in determining overall price, but may be used in an overall evaluation. 17)Qualifications of Contractors. Factors: It is the intention of the Village to award the Contract only to a bidder who furnishes satisfactory evidence that it has the requisite experience, ability, capital facilities, plant organization and staffing to enable it to perform the work successfully and promptly, and to complete the work within the time set forth in the Bid Documents. The Village shall consider the following factors: a. The lowest responsible bid. b. The ability, capacity, and skill of the bidder to perform the contract to provide the service required. c. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference. d. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. e. The quality of performance of previous contracts of services. f. The previous and existing compliance by the bidder with laws and ordinance relating to the contract or service. g. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service. h. The quality, availability, and adaptability of the supplies or contractual service to the particular use required. i. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. j. The number and scope of conditions attached to the bid. k. Whether the bidder has a place of business in the Village. I. Responsiveness to the exact requirements of the invitation to bid. m. Ability to work cooperatively with the Village and its administration. n. Past records of the bidder's transactions with the Village or with other entities as evidence of the bidder's responsibility, character, integrity, reputation, judgment, experience, efficiency and cooperativeness. o. Any other factor that the Village may legally consider in determining the bid that is in the best interests of the Village. 18)Award Or Rejection. The Village, at its sole discretion, reserves the right to reject any and all bids or parts thereof, to waive any irregularities, technicalities and informalities, and to award a bid in the best interests of the Village. Any bid submitted will be binding for ninety (90) calendar days after the date of the bid opening. Bidders shall make all investigations necessary to thoroughly inform themselves regarding the equipment or supplies to be furnished in accordance with the bid. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project J`i d -';1 Bid Book Page 9 examinations and investigations will be accepted as a basis for varying the requirements of the Village or the compensation to the bidder. Any bidder's exceptions to the terms or conditions, or deviations from the written Specifications must be shown in writing and attached to the bid form. No verbal exceptions or agreements with employees of the Village will be considered valid. Such exceptions or deviations can be cause for rejection of the bid proposal. Any exceptions not taken by the bidder shall be assumed by the Village to be included. A contract will be awarded to the lowest responsible bidder complying with the conditions of the bid documents only when it is in the best interest of the Village to accept the bid. The Village shall be the sole judge of compliance with the Specifications. 19)Other Requirements. a. New Equipment. The bidder certifies that any equipment to be furnished shall be new, current model, standard production and fully operable, unless otherwise indicated on the bid form. b. Material, Equipment and Service Standards. Unless otherwise directed by the Specifications, all materials, equipment and services provided will meet standards or requirements which would normally be anticipated in common practice. The bidder guarantees that all applicable federal, state and local laws, including OSHA, are being complied with in connection with the bid and any resultant contract or purchase by the Village. c. Data; Proprietary. Complete and detailed brochures and specifications for vehicles equipment, materials, goods, supplies and/or services to be furnished must be included with each bid. Any reservations on the use of data contained in a bid must be clearly stated in the proposal itself. Unless stated otherwise, information submitted in response to the bid is not proprietary or confidential. d. Patented Devices, Materials, And Processes. Contract prices are to include all royalties and costs arising in the Work. It is the intent that whenever the Bidder is required or desires to use any design, device, material, or process covered by patent or copyright, the right of such use shall be provided for by suitable legal agreement with the patent owner. 20)Requirement Of Bidder. The successful bidder shall, within ten (10) days after notification of the award of the contract: a) enter into a contract in writing with the Village covering all matters and things related to its bid; and b) furnish the required certificate of insurance and bonds. 21)Bid Certification Form. All bid submittals must include a signed Bid Certification Form (copy attached) certifying non-collusion in the bid, and that the bidder is in compliance with Sections 33E-3 and 33E-4 of the Illinois Criminal Code regarding bid rotating and bid-rigging, 720 ILCS 5/33E-3, 33E-4, compliance with the Illinois Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project J`i d -';1 Bid Book Page 10 Drug Free Workplace Act, 30 ILCS 580/1, et seq., and Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq., that it is not delinquent in the payment of taxes (65 ILCS 5/11-42.1) and that it has a written sexual harassment policy in place in full compliance with Section 2-105 of the Human Rights Act, 775 ILCS 5/2-105, as amended, Sections 33E-3 and 33E-4 states that it is unlawful to participate in bid-rigging and/or bid rotating. Therefore, all bidders must certify, under oath, that they are not barred from bidding on the contract as a result of a violation of Sections 33E-3 and/or 33E- 4, prohibiting bid-rigging and bid rotation. Therefore, the Bid Certification Form must be notarized. 22)Interpretation Of Bid Documents. Any bidder in doubt as to the true meaning of any part of the Specifications or other bid documents shall submit a written request for interpretation to Sean Dorsey at publicworksdept@mountprospect.org, no later than five (5) calendar days prior to the date set for the opening of the bid. Any questions received after that time may be answered at the discretion of the Village. In the event that the Village finds a question to be adequately addressed in the existing bidding documents, the question may be answered in writing by directing the requesting bidder to the applicable provision(s) in the existing bid documents. No further clarifications or interpretations will be issued. Bidders will acknowledge receipt of any addendum issued by so noting on the bid sheet. Oral explanations are not binding. Questions about this Request for Bids should be directed to: Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Sean Dorsey, Director of Public Works Mount Prospect Public Works Department 1700 West Central Road Mount Prospect, IL 60056 Phone: 847.370 640 Email: 1p.!11 ll.ii.q lrl4c 1 mount eros ect„oir Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project %i da 'I Bid Book Page 11 GENERAL CONDITIONS 1) Definition of Terms. In these specifications and the accompanying documents, the several terms hereinafter defined shall be understood to mean as follows: The term "Award" shall mean the decision of the Village of Mount Prospect to accept the bid of the lowest responsible bidder for the work, subject to the execution and approval of a satisfactory contract therefore, and bond to secure the performance thereof, and to such other conditions as may be specified or otherwise required by law. The term "Bid" shall mean a formal written offer of a bidder to perform the proposed work in accordance with these specifications. The term "Bidder" shall mean any individual, firm, or corporation submitting a bid for the work contemplated. The phrase "Bid Documents" shall mean the Notice to Bidders, Table of Contents, Instructions to Bidders, General Conditions and Special Provisions, Specifications, Bid Form, Affidavit — Bid Certification Form, Bid Security, Bid Sheet, Other Materials or standards provided or noted by the Village, Contract, Performance Bond form, and Labor and Materials Payment Bond form. The term "Board" shall mean the Board of Trustees of the Village of Mount Prospect, Illinois. The term "CCDD" shall mean Clean Construction or Demolition Debris. The term, "Contract," shall mean the written agreement between the Village and the contractor, or between the owner and the contractor. The phrase "Contract Documents" shall mean the Bid Documents, bidder's submitted Bid Form, Bid Security, Bid Sheet, Contract and required bonds or letter of credit. The term "Contractor," as successful bidder, shall mean the individual, firm or corporation who shall have entered into an agreement or contract to furnish all necessary labor, equipment, tools and materials for the performance of the work under its bid and the Bid Documents. The phrase "Director of Public Works" shall mean the Director of Public Works representing the Village of Mount Prospect. The term "EPR" shall mean the Village's Engineering Project Representative. Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Nd i d I Bid Book Page 12 The phrase "Final Performance Date" shall mean the date that Substantial Performance and the punch list items, and other items noted herein must be completed. The term "Inspector" shall mean the authorized representative of the Director of Public Works assigned to make detailed inspection of any or all portions of the work or materials therefore. The phrase "Notice of Award" shall mean the written notice of award of the contract given by the Village to the successful bidder. The phrase "Notice to Bidders" shall mean the official notice included in the bid inviting bids for the proposed improvements. The phrase "Notice to Proceed" shall mean the official notice to the contractor that will start the performance period/ The phrase "Performance Period" shall mean the time allotted for contractor to perform the contract from start to Substantial Performance. The term "Owner" shall mean the Village of Mount Prospect. The phrases "Payment and Performance Bond" and "Letter of Credit" shall mean the approved form of security furnished by the contractor and its financial institution as a guarantee that it will execute the work and pay all material providers and subcontractors. The terms "Plans" or Contract Drawings" shall mean all official drawings or reproductions of drawings pertaining to the work provided in the contract. The phrase "Project Schedule" shall mean the critical path schedule submitted by Contractor to the Village, which includes targeted dates of completion through the Substantial Completion Date. The term "Punch list" shall mean a list of items to be completed after Substantial Performance. The phrase "Special Provisions" shall mean any special directions and requirements prepared to cover the method or manner of performing work on a particular project, or cover the quantities or quality of the materials to be furnished under the contract which are not covered herein. The special provisions included in the contract shall govern the work and take precedence over the general provisions and STANDARD SPECIFICATIONS noted above wherever they conflict therewith, but they shall not operate to annul those portions of the general provisions with which they are not in conflict. The term "Specifications" shall mean the general and special provisions, instructions and requirements contained herein, together with written agreements and all other executed documents which describe the method of performing the work, the Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project J`i d -';1 Bid Book Page 13 quantities, or the quality of material to be furnished under the contract. Additionally, the term specifications will refer to standard practices as outlined in the Illinois Department of Transportation's "STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (R&BC), latest revision and the "STANDARD SPECIFICATIONS FOR WATER AND SEWER MAIN CONSTRUCTION IN ILLINOIS" prepared by the ISPE, CECT, et al, latest revision. The term "Standard Specifications" shall mean the Illinois Department of Transportation's "Standard Specifications for Road and Bridge Construction". The term "Subcontractor" shall mean any individual, firm or corporation other than the contractor supplying labor, equipment, tools and materials for use in the work of the contract. The phrase "Substantial Performance" shall mean the date that the entire Project can be used for the purposes for which it was intended, i.e., only punch list items remain. The phrase "Substantial Performance Date" shall mean the date that substantial performance must be completed. The term "Village" shall mean the Village of Mount Prospect, Illinois. The terms "Village Manager" or "Manager" shall mean the Village Manager of the Village of Mount Prospect, Illinois or his duly appointed representative. The terms "Work" and "Project" are used interchangeably and shall mean the improvement advertised for letting, described in the bid form, indicated on the plans, and covered in the specifications and contract, and authorized alterations, extensions and deductions, including labor, tools, equipment, materials and incidentals necessary for the satisfactory completion of the project. The term, 1/2 stick" shall mean one-half the typical standard 7-foot length of pipe. 2) Award of contract; Performance; Payment. a. Award of Contract. The Village will issue a Notice of Award to the successful bidder, advising that it has been awarded the contract. Within ten (10) days of delivery of the Notice of Award, by personal service or registered or certified U.S. mail, posted prepaid and receipt requested, Contractor shall execute the Contract, attached to the Bid Documents, and furnish the Village with the required bonds and certificate of insurance. b. Notice to Proceed. Upon the Village's receipt of the executed Contract, required bonds and certificate of insurance, the Village will issue and send to Contractor a Notice to Proceed, which will start the performance period. Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project J`i d -';1 Bid Book Page 14 c. Substantial Performance; Final Completion. i. The Contract shall be substantially performed by May 22, 2020 (the "Substantial Performance Date"). Substantial Performance is when the entire Project can be used for the purposes for which it was intended. Substantial Performance shall include all work except "DETENTION BASIN MAINTENANCE", "TEMPORARY CHAIN LINK FENCE, 8' ", "MAINTENANCE OF TEMPORARY CHAIN LINK FENCE, 8' ", "TREE RELOCATION, UNDER 18" ", "TREE RELOCATION, 18" AND OVER" and work associated with guarantees/warranties, and punchlist items associated with these items. ii. Final completion shall be June 11, 2021 (the "Final Performance Date"). d. Project Schedule. Within ten (10) days after the Contractor executes the Contract, Contractor shall submit to Village a Project Schedule to include targeted dates of completion of all construction and other requirements of the Contractor through the Substantial Completion Date. Contractor shall monitor schedule progress and provide monthly updates and revisions of the Project Schedule, as needed to Village. e. Liquidated Damages for Inexcusable Delay. i. Time is of the essence. The Contractor agrees that all work included in connection with this project must be completed by the Final Performance Date, or sooner, after receipt of Notice to Proceed. It is hereby acknowledged and agreed by both parties that the damages to the Village are not readily ascertainable but that the failure to timely complete this Work will materially and significantly damage the safety and well-being of the Village, its staff and the public, and that therefore a sum of $1,500.00 per day is a fair and reasonable damage estimate to compensate the Village for any such delay. If the Contractor fails to fully complete the Work in that time, then and in this event, the Contractor further expressly agrees that, for each day this Work and this contract shall remain uncompleted after that date, the Village may deduct the sum of $1,500.00 per day after the Final Performance Date, from the contract price as payment to the Village, by the Contractor of the liquidated damages sustained by reason of failure of the Contractor to complete the Project on or before the time aforesaid. ii. Provided, however, that if the completion of this contract is delayed by the Village, by general strikes, acts of God, or casualty beyond the control of the Contractor, then and in such event, the time of completion of this contract shall be extended for such additional time as shall be caused by such delay. iii. Provided, always, however, that the Contractor shall, at the time of such delay, if any, demand of the Village, in writing, such additional time within Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project J`i d -';1 Bid Book Page 15 which to complete the performance of the Contract. The Contractor will be required to notify the Village within three (3) days of such delay, stating the reason for same. If the Contractor does not notify the Village in writing, within three (3) days of the delay, no request for extension of time will be approved. f. Measurement of Quantities. All work completed under the contract will be measured by the Village according to United States standard measures. g. Payment. Payment under the Contract will be made in accordance with the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq. h. Payment for Items Omitted when Partially Completed. Should the Village cancel or alter any portion of the contract which results in the elimination or non- completion of any portions of the work partially completed, the contractor will be allowed a fair and equitable amount covering all items of work incurred prior to the date of cancellation, alteration, or suspension of such work. A written change order may apply. i. Partial Payment. When requested, the contractor will make an approximate estimate, in writing, of the materials in place completed, the amount of work performed, and the value thereof, at the contract unit prices. From the amount so determined, there shall be deducted ten percent (10%) to be retained until after completion of the entire Work to the Village for payment, except that no amount less than $500 will be so certified unless the total amount of the contract is less than $500. In addition, an estimate may, at the discretion of the Village and upon presentation of receipted invoices and freight bills, be made for payment of the value of acceptable materials delivered on the Work or in acceptable storage places and not used at the time of such estimate. Ten percent (10%) shall be retained from the value of such materials until final payment. Such materials, when so paid for by the Village, shall become the property of the Village, and in the event of default by the Village, shall become the property of the Village, and in the event of default by the contractor, the Village may use or cause to be used such materials in the construction of the work provided for in the contract. The amount thus paid by the Village shall be deducted from estimates due the contractor as the material is used in the work. Partial payment for work or materials shall not be construed as an acceptance of the work or any part of it, or as a waiver of any provisions of the contract. Partial payment will only be granted if in the opinion of the Village sufficient labor and materials have been expended to warrant it. If partial payments are requested, the Contractor shall submit with each payment request a properly completed Contractor's Affidavit setting out, under oath, the name, address and amount due or to become due, of Contractor, each subcontractor, vendor, supplier or other appropriate party included in its cost, and for every party listed a full or partial waiver of lien, as appropriate. Beginning with Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project J`i d -';1 Bid Book Page 16 the second payment request, and with each succeeding payment request, the Contractor shall submit Contractor's Affidavits and partial waivers of lien for each subcontractor and supplier showing that the amount paid to date to each is at least equivalent to the total value of that subcontractor's work, less retainage, included on the previous payment request. j. Acceptance and Final Payment. Whenever the Work shall have been completely performed on the part of the contractor, including Punch list items, and all parts of the Work have been approved by the Village and accepted by the Village, a final payment showing the value of the work will be prepared by the contractor as soon as the necessary measurements and computations can be made, all prior estimates upon which payments have been made being approximate only and subject to correction in the final payment. The amount of this estimate, less any partial or semifinal payments previously made and less any sums that have been deducted or retained under the provisions of the contract, will be paid to the contractor as soon as practicable after the final acceptance, provided the contractor has furnished to the Village the required maintenance bond and satisfactory evidence that all sums of money due for any labor, materials, apparatus, fixtures or machinery furnished for the purpose of such work have been paid or that the person or persons to whom the same may be due have consented to such final payment. If final payment is requested, the Contractor shall submit a properly completed Contractor's Affidavit setting out, under oath, the name, address and amount due or to become due, of Contractor, each subcontractor, vendor, supplier or other appropriate party included in its cost, and a full and final waiver of lien for the full amount of the Work, less retainage. The Contractor shall assign over to the Village all manufacturers' and suppliers' warranties respecting any part of the Work. The Contractor shall also deliver to the Village the required maintenance bond prior to Final Payment and upon receipt of Final Payment a set of Plans and Specifications annotated to show the Project "as-built." The acceptance by the contractor of the final payment shall constitute a release and waiver of any and all rights and privileges under the terms of the contract; further, the acceptance by the contractor of final payment shall relieve the Village from any and all claims or liabilities for anything done or furnished relative to the Work or for any act or neglect on the part of the Village relating to or connected with the Work. k. Punch list. The Contractor shall notify the Village when it believes substantial performance of the entire Project has been achieved. The Village, and/or any independent consultant engaged by the Village, shall then inspect the Project site with the Contractor, and prepare and deliver to the Contractor within five (5) days thereafter, a written Punch list indicating items of construction which are not in material conformity with the Contract Documents. The Punch list items shall be completed by the Final Performance Date. Pending completion of Punch list items, the Village may withhold from amounts due to the Contractor an amount equal to but not greater than one and one-half (1'/2) times the estimated cost to complete Punch list items. Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project J`i d -';1 Bid Book Page 17 I. Final Policing of the Sites. Before the completed work will be ready for the Village's final inspection, the contractor shall have removed from the project sites all surplus equipment, machinery, materials, debris, barricades, and signs. The contractor shall leave said project sites in the best possible condition to the complete satisfaction of the Village. m. Final Inspection. The Village shall make final inspection of all of the Work, as soon as practicable after notification in writing by the contractor that the work is completed and ready for acceptance. If the Work is not acceptable to the Village at the time of such inspection, the Village shall inform the contractor as to the particular defects to be remedied before final acceptance can be made. n. Alterations, Cancellations, Extensions and Deductions. The Village reserves the right to alter the plans, extend or shorten the improvement, add such incidental work as may be necessary, and increase or decrease the quantities of work to be performed to accord with such changes, including the deduction or cancellation of any one or more of the unit price items. Such changes shall not be considered as a waiver of any condition of the contract nor to invalidate any of the provisions thereof. A written change order may apply. All Work shall be done under the supervision of the Village's Director of Public Works, or a designated representative who shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the work, interpretation of the plans and specifications, acceptable fulfillment of the contract, compensation and disputes and mutual rights between contractors under the specifications. I. Change Orders. The Village may from time to time require changes in the Work. Such changes shall comply with Section 33-E9 of the Criminal Code, 720 ILCS 5/33E-9. m. Right of the Village to Terminate the Contract. i. If the Contractor fails to begin the Work under the Contract within the time specified, or fails to perform the Work in accordance with the terms of the approved schedule or performs the Work in a manner unacceptable to the Village, or neglects or refuses to remove materials or perform anew such Work as has been rejected by the Village, or if the Contractor shall become insolvent or be declared bankrupt, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall fail to carry on the Work in a manner required by the Contract, the Village shall give notice as hereinafter provided to the Contractor and its surety in writing specifying such failure, delay, neglect, refusal or default, and if the Contractor, within a period of ten (10) calendar days after the giving of such notice, shall not proceed in accordance therewith, then the Village shall have full power and authority to declare the this Contract and the Contractor in default, and to forfeit the rights of the Contractor in this Contract. Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Nd d aI Bid Book Page 18 ii. Upon declaration of Contractor's default, the Village may, at its option, call upon the surety to complete the Work in accordance with the terms of this Contract or may take over the Work, including any materials on the Work site as may be suitable and acceptable to the Village and may complete the Work by its own forces or on its own account, or may enter into a new contract or contracts for the completion of the Work, or may use such other methods as shall be required for the completion of the Work in an acceptable manner as the Village may in its discretion determine. iii. All costs and charges incurred by the Village, together with the cost of completing the Work shall be deducted from any moneys due or which may become due on this to the Contractor under this Contract. Following any payment due and received by the Village from the Contractor's surety following default, if the expense so incurred by the Village is less than the sum paid to the Village by the surety under this Contract for work remaining, the surety shall be entitled to receive the excess difference paid to the Village. When such Contractor default costs incurred by the Village exceeds the sum paid to the Village for the work remaining under the Contract the Contractor and the surety shall be liable and shall pay to the Village the full cost of such additional expenses. 3) Performance of the Work. a. Accident Prevention. The contractor shall exercise every precaution at all times for the protection of persons and properties. The safety provisions of all applicable laws and ordinances shall be strictly observed. Any practice obviously hazardous, in the opinion of the Director of Public Works or his authorized representative, shall be immediately discontinued by the contractor upon his receipt of instructions from the Director of Public Works or an authorized representative to discontinue such practice. b. Barricades and Warning Signs and Lights. The contractor shall erect substantial lighted barricades to protect its work at all points deemed necessary by the Director of Public Works; said contractor shall place at such points the necessary warning signs, amber lights, caution tape, and other suitable devices to protect his work properly and to provide for the convenience and safety of the public at all times. The contractor shall maintain such barricades, signs, lights and protective devices until the need for them, in the judgment of the Public Works Director of an authorized representative, has passed. Contractor shall provide warning signs and barricades to safely mark any hazards or detours caused by the work. All such warning signs and barricades for work in, or affecting Village of Mount Prospect streets, access roads, and state highways shall meet all applicable requirements as stipulated in the latest edition of the Manual for Uniform Traffic Control Devices published by the U.S. Department of Transportation. All costs for barricades, signs including all labor Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Nd d aI Bid Book Page 19 and other associated materials shall be incidental to the fixed unit price bid for the specific repair or pay item. c. Cooperation with Utilities. It is understood and agreed that the contractor has considered in its bid all of the permanent and temporary utility appurtenances in their present or relocated positions that may be encountered during construction and no additional compensation will be allowed for any delays, inconvenience, or damage sustained by it due to any interference from the said utility appurtenances either by the utility company or by it, or on account of any special construction methods required in prosecuting its work due to the existence of said appurtenances either in their present or relocated positions. The contractor shall insure that prompt repairs are, to the approval of the inspector, made to any utility appurtenances damaged by it without compensation from the Village. During performance of the work, Contractor shall protect all utilities and property from damage. Contractor shall spot all utilities prior to any excavation work. Contractor shall call J.U.L.I.E. one Call System (1-800-892-0123), and request utility locations as soon as possible for emergency repairs and within forty-eight (48) hours for non-emergency work prior to excavation in strict accordance with J.U.L.I.E. one Call System operation procedures. d. Clean-up. After all work under each task phase of the work is completed, the Contractor shall remove all loose debris and other materials not incorporated in the work from the site of the work. Any clean up or restoration to private property will be the responsibility of the Contractor. e. Construction Noise Restriction. All construction activities or alteration operations within the Village shall be performed only between the hours of 8:00 a.m. and 7:00 p.m. Variations from these time limitations shall be allowed only in the case of maintenance of operation of safety and traffic control devices such as barricades, signs and lighting, or to construction of an emergency nature. More stringent requirements may be assessed for work in state highway or railroad rights-of-way." Working hours outside these times must receive prior approval from the Village. f. General. The work to be performed under the contract includes the furnishing of all supervision, labor, materials, tools, equipment and incidentals of every kind and description necessary for construction, in accordance with the Contract Documents. g. Inspection. All materials and each part or detail of the work shall be subject at all times to inspection by the Village or its inspectors, and the contractor will be held strictly to the true intent of the Specifications in regard to quality of materials, workmanship and diligent execution of the contract. The Village or its inspectors shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the contractor as is required to make a complete and detailed inspection. Materials, components or completed work not complying therewith may be rejected by the Village and shall be replaced by the Contractor at no expense to the Village. Any rejected material or component shall be Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project 1`i d -';1 Bid Book Page 20 removed at the entire expense of the Contractor, after written notice has been mailed by the Village to the Contractors that such materials or components have been rejected. The contractor shall, if the Village requests, remove or uncover such portions of the finished work as the Village may direct before final acceptance of the same. After the examination, the contractor shall restore said portion of the work to the standard required by the Specifications. If the work thus exposed or examined proves acceptable, the expense of uncovering or removing and the replacing of the parts removed shall be paid for as extra work; but if the work so exposed or examined is unacceptable, the expense of uncovering or removing and replacing of the same shall be borne by the contractor. h. Materials and Equipment. Except where the Specifications indicate otherwise, the Village is not responsible for providing any tools, equipment or storage under the contract in order to permit its completion of any contractual obligations under the contract, which may be awarded as the result of the bid. i. Personnel and Equipment. The contractor shall provide an adequate number of competently trained personnel with sufficient supervision to provide the services required, and contractor shall provide identification of its personnel if requested by the Village. Any contractor's employee whose employment is reasonably detrimental or objectionable to the Village shall be immediately transferred from the work-site upon the Village's request. The exercise of this option shall not be construed as placing the Village in charge of the Work or making the Village responsible for safety. All on the road vehicles or equipment shall be identified by the contractor's name for purpose of identification. All tools or equipment required to carry out the operations within the scope of the contract shall be provided by the Contractor, and shall meet the standards of the Federal Occupational Safety and Health Act and State of Illinois safety codes as may be required by law. The Village reserves the right to inspect the equipment that will be used prior to award of Bid. j. Property Protection. No vehicles of any kind shall be placed, parked or operated upon or over any sodded areas outside of the project footprint. k. Protection and Restoration of Property. It is understood that in the execution of the Work herein provided for there may be interference with and/or damage to trees, shrubbery, crops, fences, railroad tracks, overhead structures such as poles, wires, cables, underground structures such as sewers, gas mains, telephone conduits and cables, water mains, drains, service connections, wires, pipes, conduits, located along, adjacent to, and/or crossing the locations of the Work, and that it may be necessary to relocate or reconstruct certain of such structures, improvements, and installations and/or to make repairs to the same Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project 111 1 1 1 I.Ij Bid Book Page 21 by reasons of doing the Work herein provided for, and it is therefore particularly and specifically agreed that the Bidder except as otherwise herein provided, shall do the Work necessary for such relocation, reconstruction, and repair and shall bear and pay all of the cost and expense of such relocation, reconstruction, and/or repair of, and all damage done to any and all such pipe line and other structures, improvements, and installations, including service connections, if any, to adjacent property, existing at the date of the execution of the contract and/or existing, during the period of the Work to be done under the contract, which may be interfered with, damaged, and/or necessarily relocated, reconstructed, or repaired in the performance of the Work herein provided for, including the restoration and resurfacing of unpaved portions of public streets and alleys, rights-of-way, easements, and private property damaged or disturbed by the Work, the same to be restored to as good condition as the same existed at the time of the commencement of any such Work or relocation. It is further agreed that the owners of any structures, improvements, installations, referred to in the preceding paragraph shall have the right to do the Work or any part thereof necessary for the relocation, reconstruction, replacement, repair, and other Work required by reason of any interference with and/or damage to such structures, improvements, installations, due to the prosecution of the Work and upon completion of such Work by them done, said owners may render bills to the Bidder for the cost and expenses thereof which bills shall be paid by the Bidder without extra compensation therefore from the Village, upon demand by said owners, or upon demand made by the Village upon the Bidder for the payment thereof. I. Public Convenience and Safety. The contractor shall notify the Director of Public Works at least three (3) days in advance of the starting of any construction work which might in any way inconvenience traffic, and the contractor shall at all times conduct the work in such a manner as to insure the least obstruction to vehicular and pedestrian traffic. Whenever possible, the contractor shall provide and maintain at his own expense such temporary roads and approaches as may be necessary to provide access to driveways, houses, buildings or other property abutting the improvements. In no case will the contractor obstruct entrance ways into private property without first seeking the Village and private property owner's approval. m. Public Relations. The Contractor shall cooperate with the Village of Mount Prospect in maintaining a high degree of sensitivity to the needs of property and business owners along the project route. Contractor will distribute written public work notices to businesses and residences as required by the Village. n. Removal of Defective and Unauthorized Work. Work done without lines and grades being given, or beyond the lines shown on the plans or as given, except as herein provided, or any extra work done without authority will be considered as unauthorized and at the expense of the contractor, and will not be measured or paid for. Work so done may be ordered removed or replaced at the contractor's expense. Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project 1`i d -';I Bid Book Page 22 All work which has been ordered to be removed or replaced shall be remedied or removed and replaced by the contractor in a manner approved by the Village at the contractor's expense. Upon failure of the contractor to comply promptly with any order of the Village made under this provision, the Village shall, after giving written notice to the contractor, have the authority to cause defective work to be remedied, or removed and replaced, or to cause unauthorized work to be removed, and deduct the cost thereof from any compensation due or to become due the contractor. o. Scheduling. The contractor shall consult with the Village's Public Works Director or an authorized representative concerning the details and scheduling of the work contemplated herein, and shall be governed by the decisions of said Director or representative. p. Supervision. The contractor shall at all times have a competent person in charge of its work crew at the job site to whom the Village representative may issue directives. Such person shall be authorized to accept and act upon such directives. Such person shall be fluent in the English language. q. Traffic Control. Contractor shall maintain traffic flow(s) and accessibility to private property(s) as close to normal condition as possible. Contractor shall notify residents, Village of Mount Prospect and state/county officials, as appropriate, of any driveway or road closure. The contractor shall abide with the Illinois Department of Transportation's Standard Specifications for Road and Bridge Construction, latest edition. The Contractor shall also abide with the Manual on Uniform Traffic Control Devices, latest edition. Contractor shall also provide sufficient flag persons to assist with traffic control during operation. Traffic control costs to close the street or ROW is to be included in the "all- inclusive" unit price of the pay item and considered as incidental to that pay item and will not be considered an extra line item. r. Tree Protection. All tree protection shall be incidental to the contract and shall be installed and maintained in accordance with the Tree Protection Ordinance and plan as specified by the Village. Tree protection fencing shall be paid for per FOOT of TEMPORARY FENCE. REMOVAL PROHIBITED UNLESS AUTHORIZED: All trees shall be maintained, saved, and protected from damage unless removal is approved by the Village. CRITICAL ROOT ZONE: To prevent unnecessary damage to existing public trees during construction, proper tree protection guidelines must be followed, particularly in the root zone where major support roots securely hold the tree in the soil. This Critical Root Zone (CRZ) is defined as the entire ground area within the vertical projection of the crown of a tree. This is also commonly referred to as the area within the drip line of a tree. Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project 1`i d -';1 Bid Book Page 23 Power equipment may not be used to excavate soil, change grades, or dig trenches in the Critical Root Zone. All soil excavation done within the CRZ must be done by hand, except as authorized in these specifications. Exceptions to the above shall be granted only with written permission from the Director of Public Works. FENCING: All unpaved ground on public property within the Critical Root Zones (CRZ) of existing trees subject to construction damage shall be fenced before any work is started. This Tree Protection Fencing will be paid for as specified in these contract documents. Once assembled, no fencing shall be removed without prior approval of the Engineer, and there shall be no construction activity or material including storage, stockpiling, and equipment access within the enclosure. Fencing material shall be orange polypropylene snow fence supported with metal posts, and installed according to the detail which will be provided by the Forestry Division. CHANGES TO EXISTING GRADE: No changes to original grade shall be allowed inside the CRZ. ROOT PRUNING DURING CONSTRUCTION: All tree roots greater than two inches (2") in diameter that are encountered in any construction process shall be cut cleanly with an appropriate saw or pruning shear or other tool specifically designed for cutting wood. Axes or other such chopping tools shall not be used. Shovels or other tools designed for digging shall not be used. Contractor shall contact Forestry for a root inspection before backfilling. Pruning of tree roots shall be paid for per each tree requiring root pruning as "TREE ROOT PRUNING". ATTACHMENTS TO TREES: No signs, placards or other objects may be nailed or stapled to trees. BRANCH REMOVAL: Tree branches shall not be cut, pruned or trimmed by the Contractor. If parkway tree branches interfere with the Contractor's work, he should contact the Forestry Division to request pruning. If Forestry deems the request reasonable they will endeavor to promptly prune the branches at the Village's expense. PENALTIES FOR TREE DAMAGE: Where limbs, trunks or roots of trees not approved for removal are damaged, the Village shall determine whether the tree can be repaired or must be removed. Repairs may include, but are not strictly limited to, pruning of broken limbs, removal of loose bark and proper shaping of wounds, thinning of the crown to compensate for root loss, fertilization, straightening and staking. Repairs shall be performed by the Village. The cost of such repairs shall be paid for by the Contractor to the Village, using rates listed in the current edition of the Village's Equipment and Labor Rate Charges. Additionally, the Village may fine the contractor for unnecessary tree damage according to the schedule listed in Appendix A, Division III of the Village Code. Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project 1`i d -';1 Bid Book Page 24 If in the opinion of the Village, the amount of damage warrants removal of the tree due to safety or aesthetic concerns, the Contractor shall remove the tree, along with its stump to a depth of 12 inches below grade. The Contractor shall pay the Village for replacement of the tree. Replacement cost will be determined by multiplying the diameter of the damaged tree, as measured 4-1/2 feet above the ground, by the rate of $150.00/inch. The Contractor shall be responsible for being familiar with and complying with all aspects of the Village of Mount Prospect Tree Protection ordinances and Arboricultural Standards Manual as they relate to the various site locations. Any questions regarding tree protection shall be directed to the Village Forestry Division and their response or direction shall be considered as the final word/decision on tree protection issues. Any costs for tree protection fencing, posts, labor or other associated labor or material shall be incidental to the fixed cost per unit bid. s. Work In Street Right — of — Way. All of contractor's construction work in street rights-of-way shall be done in strict accordance with the applicable controlling public agency's construction specifications, permitting, bonding, rules, and regulations. All costs for necessary permits and bonds shall be borne by the Contractor and considered incidental to the fixed item price of the applicable work. Contractor shall coordinate with the proper public officials and receive approval from said officials prior to any street closings or detouring required due to the work to be performed. Contractor shall protect existing vegetation from removal or damage wherever possible. Contractor shall confine construction work to specified construction limits as shown on the drawings or defined in the specifications. Should Contractor damage or remove any vegetation outside the construction limits, Contractor shall restore the affected area to its original state at no expense to the Village. t. Cooperation With Adjacent Construction. The Contractor shall coordinate and cooperate with adjacent/overlapping construction contracts that are currently scheduled during the same time period as this contract, in accordance with Section 105.08 of the Standard Specifications. The Contractor may be required to modify his/her staging operations in order to meet these requirements. 19-9028 BURNING BUSH TRAILS PARK CONSTRUCTION. River Trails Park District. OSLAD Grant #19-2043. Plans by JSD Professional Services, Inc. Engineers - Surveyors - Planners Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project 1`i d -';1 Bid Book Page 25 4) BOND: INSURANCE: INDEMNIFICATION. a. Performance and Labor and Material Payment Bond. Upon submission of the executed contract to the Village, Contractor shall furnish to the Village a surety bond in the amount one hundred and ten percent (110%) of the bid for the faithful performance of the Contract and to indemnify the Village against loss. The Contractor shall also furnish a labor and materials bond in the amount one hundred and ten percent (110%) of the bid to ensure payment for all labor and materials, including compliance with the provisions of law relating to the payment of the prevailing rate of wages. The premium of such bonds is to be paid by the Contractor. The surety must be with a substantial surety company satisfactory to the Village and authorized by law to do business in the State of Illinois and endorsed by a local representative of said surety company. All payment and performance bonds shall name the Village of Mount Prospect as Obligee and be written upon forms prepared or approved by the Village. Said bonds may be satisfied with a Letter of Credit, in the form acceptable to the Village, from a bank or savings and loan within the Chicago metropolitan area. The bonds and Letter of Credit shall remain in effect through Substantial Performance Date and any extension thereof. After the Substantial Performance Date, the bonds and Letter of Credit may be reduced to five percent (5%) of the awarded bid and remain in effect through Final Performance Date and any extension thereof. Failure to so provide these bonds or Letter of Credit shall result in forfeiture of the bid bond/Letter of Credit to the Village as liquidated damages and not as a penalty, and the termination of the contract and/or withdrawal of the award. b. Insurance Requirements. In submission of a bid, the bidder is certifying that it has all insurance coverages required by law or that would normally be expected for bidder's type of work. In addition, the bidder is certifying that, as successful bidder/Contractor, upon execution of the Contract, it will provide Insurance of such types and in such amounts as may be necessary to protect itself and the interests of the Village against all hazards or risks of loss contemplated by the Contract. The Village shall be named as additional insured on all applicable insurance policies. Satisfactory certificates of insurance shall be filed with the Village upon execution of the Contract. The certificates shall state that thirty (30) days advance written notice will be given to the Village before any policy covered thereby is changed or canceled. Insurance coverage shall be in the following minimum amounts: Limit/ Limit/ Type of Insurance Ea. Occurrence Aggregate General Liability Bodily Injury $1,000,000 $3,000,000 Property Damage $1,000,000 $3,000,000 Contractual Ins. $1,000,000 $3,000,000 Automobile Liability Bodily Injury $1,000,000 $1,000,000 Property Damage $1,000,000 $1,000,000 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project 1`i d -';1 Bid Book Page 26 Workers Compensation Employee Claims Statutory for Illinois Employers Liability $1,000,000 per accident c. Indemnification. The Contractor shall indemnify-and save harmless the Village, its officers and employees from any and all liability, losses or damages, including attorneys fees and costs of defense, the Village may suffer as a result of claims, demands, suits, actions or proceedings of any kind or nature, including workers' compensation claims, in any way resulting from or arising out of the operations of the Contractor under the Contract, including operations of subcontractors; and the Contractor shall, at his own expense, appear, defend, and pay all fees of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and, if any judgments shall be rendered against the Village in any such action, the Contractor shall, at his own expense, satisfy and discharge same. The Contractor expressly understands and agrees that any bonds, letters of credit or insurance protection required by the Contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Village as herein provided. Contractor agrees to defend and hold harmless the Village from and against all demands, claims, suits, costs, expenses, damages and adjustments based upon any infringement of any patent relating to goods specified in the contract, and on account of the Village's use of any copyrighted or uncopyrighted, composition, trade secrets, secret process, proprietary rights, patented of unpatented invention, article or appliance furnished or used under the bid Specifications. 5) Compliance with Laws. a. Collusion. If at any time it shall be found that the person, firm, or corporation to whom the Contract has been awarded has, in presenting any proposal or proposals, unlawfully colluded with any other party or parties, then the Contract so awarded shall be null and void and the Consultant and his sureties shall be liable to the Village for all loss or damage which the Village may suffer thereby, and the Village may advertise for new bids for said work. b. Observance of Laws, Ordinances, and Regulations; Certifications of Compliance with Applicable Laws. The contractor shall, at all times during the life of this contract, observe and abide by all federal, state and local laws which in any way affect the conduct of the work and with all decrees and orders of courts or agencies of competent jurisdiction. Likewise, said contractor shall be governed by all municipal ordinances and regulations which in any way affect the conduct of the work. The contractor shall indemnify and save harmless the owner, its officers, agents, and employees against any claim or liability arising from or based on his violation of any law, ordinance, regulation, decree or order. The bidder and contractor, as successful bidder, shall comply with all applicable state, federal and local laws, including, but not limited to the following: Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Nd d aI Bid Book Page 27 i. Bid Rigging/Rotating. By submitting a bid, the Contractor certifies that no owner, officer or director is barred from contracting with any unit of state or local government as a result of violating the bid rigging or bid rotating provisions contained in 720 ILCS 5/33E-3 & 33E-4. ii. Tax Payment. The Contractor certifies that it is not delinquent in the payment of any taxes to the Illinois Department of Revenue. (65 ILCS 5/11-42.1-1) iii. Drug Free Workplace Act. The Contractor will comply with the requirements of the Drug Free Workplace Act if the contract is $5,000 or more and it has more than 24 employees at the time of entering into the contract (30 ILCS 580). iv. Preference to Veterans Act. The Contractor will comply with the Preference to Veterans Act (330 ILCS 55). V. Substance Abuse Prevention Program. By submitting a bid, the Contractor certifies that the company has in place, to the extent not covered by a collective bargaining agreement that deals with the subject of the Act, a substance abuse prevention program that meets or exceeds the requirements of the Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq. vi. Non-Discrimination. The Contractor will comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1, et seq.) vii. Equal employment Opportunity. The Contractor will comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.), including establishment and maintenance of a sexual harassment policy as required by Section 2-105, and the Rules and Regulations of the Illinois Department of Human Rights, including the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE, which is a material term of all public contracts, as follows: EQUAL EMPLOYMENT OPPORTUNITY In the event of the contractor's non-compliance with the provisions of this Equal Employment Opportunity Clause or the Act, the contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the contractor agrees as follows: 1) That he or she will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, order of protection status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Nd d aI Bid Book Page 28 military status or an unfavorable discharge from military service; and, further, that he or she will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any underutilization. 2) That, if he or she hires additional employees in order to perform this contract or any portion of this contract, he or she will determine the availability (in accordance with this Part) of minorities and women in the areas from which he or she may reasonably recruit and he or she will hire for each job classification for which employees are hired in a way that minorities and women are not underutilized. 3) That, in all solicitations or advertisements for employees placed by him or her or on his or her behalf, he or she will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, order of protection status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, military status or an unfavorable discharge from military service. 4) That he or she will send to each labor organization or representative of workers with which he or she has or is bound by a collective bargaining or other agreement or understanding, a notice advising the labor organization or representative of the contractor's obligations under the Act and this Part. If any labor organization or representative fails or refuses to cooperate with the contractor in his or her efforts to comply with the Act and this Part, the contractor will promptly notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations under the contract. 5) That he or she will submit reports as required by this Part, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Act and this Part. 6) That he or she will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Act and the Department's Rules and Regulations. 7) That he or she will include verbatim or by reference the provisions of this clause in every subcontract awarded under which any portion of the contract obligations are undertaken or assumed, so that the provisions will be binding upon the subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply with the provisions. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project 1`i d -';I Bid Book Page 29 municipal corporations. Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code, viii. PREVAILING WAGE. This contract calls for the construction of a "public work" within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/1, et seq., as amended (the "Act"). The Contractor and all subcontractors are required to pay wage rates in accordance with the Act to all laborers, workers and mechanics. The Village has adopted the prevailing wages as determined by the Illinois Department of Labor ("IDOL") for Cook County. The prevailing rate of wages is revised by the IDOL and is available on the IDOL website, https://www2.illinois..qov/idol/Laws-Rules/CONMED/Pages/Rates.aspx. The Contractor and all subcontractors are solely responsible for checking the Department's website for revisions to prevailing wage rates. In the event that the IDOL should revise the prevailing rate of wages, then the revised rates shall apply to this Contract. In no case shall any revision in the rates of prevailing wages result in an increase in the total Contract price. All bonds provided by the Contractor under the terms of this Contract shall include such provisions as will guarantee the faithful performance of the Contractor's obligations under this clause and under the Prevailing Wage Act, 820 ILCS 130/1 et. seq. Contractor shall comply with all applicable provisions of the Prevailing Wage Act, including, but not limited to, the requirements of Section 5 of the Prevailing Wage Act, 820 ILCS 130/5. The Contractor, and all Subcontractors and Sub-Subcontractors participating on the Project, shall make and keep those records required under Section 5 of the Prevailing Wage Act in paper or electronic format. In conformance with the Act, each contractor and subcontractor, or other entity performing work on the project, shall maintain records of all laborers, mechanics and other workers employed by them on the project, including the following information on each worker: (1) name; (2) address; (3) telephone number when available; (4) social security number; (5) classification or classifications; (6) gross and net wages paid in each pay period; (7) number of hours worked each day; (8) starting and ending times of each day; (9) hourly wage rate; (10) hourly overtime wage rate; (11) hourly fringe benefit rates; (12) the name and address of each fringe benefit fund; (13) the plan sponsor of each fringe benefit, if applicable; and (14) the plan administrator of each fringe benefit, if applicable. These records shall be kept by the participating contractor and subcontractor for a period of not less than five (5) years from the date of last payment on the contract or subcontract. No later than the 15th day of each calendar month, each participating contractor and subcontractor shall submit a monthly certified payroll to the Village consisting of the above-referenced information as well as a statement signed by the participating contractor or subcontractor that certifies: (a) the records are true and accurate; (b) the hourly rates paid to each worker is not less than the general prevailing rate of hourly Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project J`i d -';1 Bid Book Page 30 wages required under the Prevailing Wage Act; and (c) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class A misdemeanor. ix. Compliance with Freedom of Information Act Request. Section 7 of the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/7, applies to public records in the possession of a party with whom the Village of Mount Prospect has contracted. The Village of Mount Prospect will have only a very short period of time from receipt of a FOIA request to comply with the request and there is a significant amount of work required to process a request including collating and reviewing the information. The bidder/contractor acknowledges the requirements of FOIA and agrees to comply with all requests made by the Village of Mount Prospect for public records (as that term is defined by Section 2(c) of FOIA) in the undersigned's possession and to provide the requested public records to the Village Mount Prospect within two (2) business days of the request being made by the Village of Mount Prospect. The bidder/contractor agrees to indemnify and hold harmless the Village of Mount Prospect from all claims, costs, penalties, losses and injuries (including but not limited to, attorney's fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide public records to the Village of Mount Prospect under the contract. X. Work Guaranty. 1. Maintenance Bond. A maintenance bond or a maintenance letter of credit is required. This maintenance bond or maintenance letter of credit amount shall consist of ten percent (10%) of the final project cost; it shall be posted by the contractor with the Village upon completion of all Work; and it shall be valid and effective for a period of two (2) years after the final acceptance of such Work by the Village for the purpose of guaranteeing against and securing the correction of any defect in material or workmanship furnished for such improvements, latent in character and not discernible at the time of final inspection or acceptance by the Village of Mount Prospect. 2. General Guaranty. Neither partial or final payment, nor any provision in the contract, nor partial or entire use of the product/Work embraced in the contract by the Village or the Public shall constitute an acceptance of work not done in accordance with the contract, or relieve the contractor of liability in respect to any express warranties or responsibility for failure to comply with the terms of those contract documents. Unless otherwise expressly provided in the Specifications, in the event any defects or imperfections in the materials or workmanship to be furnished by the contractor herein appear within the period of two (2) years from the date of completion of all the Work and acceptance Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project J11111 I.Ij Bid Book Page 31 thereof by the Village, the contractor will, upon notice from said Village (which notice may be given by letter to said contractor to the business address of the contractor shown in the proposal), repair and make good at his own cost any such defects or imperfections and replace any defective or imperfect materials or workmanship with other materials or workmanship satisfactory to said Village, and furnish all such new materials and labor as may be necessary to do so; and in the event of the failure, refusal or delay of said workmanship or materials said Village may do so or have same done by others, and said contractor and surety or sureties on the bonds given for the faithful performance of the contract shall be liable to the Village for all damages and expenses occasioned by such failure, refusal or delay. All details of warranties shall be included with the bid. Warranty work shall be at no additional expense to the Village. Manufacturer warranties and guaranties shall be submitted with the bid and shall be considered a part of the contract where such specifications meet the minimum bid Specifications. A. Miscellaneous Contract Requirements 1. Contract Alterations. No amendment of a contract shall be valid unless made in writing and signed by the Village President, Village Manager, or their authorized representative. 2. Licenses and Permits. The Contractor shall procure at its own expense all necessary licenses and permits in connection with the work under the Contract. 3. Nonassignability. The contractor shall not assign the contract, or any part thereof, to any other person, firm or corporation without the previous written consent of the Village. Such assignment shall not relieve the contractor from its obligations or change the terms of the contract unless agreed by the Village at its sole discretion. 4. Notices. All notices required by the contract shall be given in writing. 5. Taxes. The contractor shall pay all federal, state and local taxes as may be applicable on all materials, labor and services furnished by it under the contract, and the amounts of such taxes shall be included in the unit prices bid. Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project J`i d -';1 Bid Book Page 32 1011n, Cealil enl Check Sheet For Recurring . l���nar �i�n Special Provisions The Following Recurring Special Provisions Indicated By An "X"Are Applicable To This Contract And Are Included By Reference: Recurring Special Provisions Check Sheet# Page No. 1 ❑ Additional State Requirements for Federal-Aid Construction Contracts 75 2 ❑ Subletting of Contracts (Federal-Aid Contracts) 78 3 ❑ EEO 79 4 ❑ Specific EEO Responsibilities Non Federal-Aid Contracts 89 5 ❑ Required Provisions- State Contracts 94 6 ❑ Asbestos Bearing Pad Removal 100 7 ❑ Asbestos Waterproofing Membrane and Asbestos HMA Surface Removal 101 8 ❑ Temporary Stream Crossings and In-Stream Work Pads 102 9 ❑ Construction Layout Stakes Except for Bridges 103 10 ® Construction Layout Stakes 106 11 ❑ Use of Geotextile Fabric for Railroad Crossing 109 12 ❑ Subsealing of Concrete Pavements 111 13 ❑ Hot-Mix Asphalt Surface Correction 115 14 ❑ Pavement and Shoulder Resurfacing 117 15 ❑ Patching with Hot-Mix Asphalt Overlay Removal 118 16 ❑ Polymer Concrete 120 17 ❑ PVC Pipeliner 122 18 ❑ Bicycle Racks 123 19 ❑ Temporary Portable Bridge Traffic Signals 125 20 ® Work Zone Public Information Signs 127 21 ❑ Nighttime Inspection of Roadway Lighting 128 22 ❑ English Substitution of Metric Bolts 129 23 ❑ Calcium Chloride Accelerator for Portland Cement Concrete 130 24 ❑ Quality Control of Concrete Mixtures at the Plant 131 25 ® Quality Control/Quality Assurance of Concrete Mixtures 139 26 ❑ Digital Terrain Modeling for Earthwork Calculations 155 27 ❑ Reserved 157 28 ❑ Preventive Maintenance - Bituminous Surface Treatment 158 29 ❑ Reserved 164 30 ❑ Reserved 165 31 ❑ Reserved 166 32 ❑ Temporary Raised Pavement Markers 167 33 ❑ Restoring Bridge Approach Pavements Using High-Density Foam 168 34 ❑ Portland Cement Concrete Inlay or Overlay 171 35 ❑ Portland Cement Concrete Partial Depth Hot-Mix Asphalt Patching 175 Printed 08/16/19 Page 1 of 2 BLR 11300(Rev. 10/26/18) Bid Book Page 33 The Following Local Roads And Streets Recurring Special Provisions Indicated By An "X"Are Applicable To This Contract And Are Included By Reference: Local Roads And Streets Recurring Special Provisions Check Sheet# Page No. LRS 1 Reserved 179 LRS 2 ❑ Furnished Excavation 180 LRS 3 ® Work Zone Traffic Control Surveillance 181 LRS 4 ® Flaggers in Work Zones 182 LRS 5 ® Contract Claims 183 LRS 6 ® Bidding Requirements and Conditions for Contract Proposals 184 LRS 7 ❑ Bidding Requirements and Conditions for Material Proposals 190 LRS 8 Reserved 196 LRS 9 ® Bituminous Surface Treatments 197 LRS 10 Reserved 198 LRS 11 ® Employment Practices 199 LRS 12 ® Wages of Employees on Public Works 201 LRS 13 ® Selection of Labor 203 LRS 14 ❑ Paving Brick and Concrete Paver Pavements and Sidewalks 204 LRS 15 ® Partial Payments 207 LRS 16 ❑ Protests on Local Lettings 208 LRS 17 ® Substance Abuse Prevention Program 209 LRS 18 ❑ Multigrade Cold Mix Asphalt 210 Printed 08/16/19 BLR 11300(Rev. 10/26/18) Bid Book Page 34 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 TABLE OF CONTENTS MBE/WBE/SBE/VBE PARTICIPATION GOALS..........................................................................................SP-1 SUBCONTRACTOR APPROVALS..............................................................................................................SP-1 SCHEDULEOF WORK................................................................................................................................SP-1 CONSTRUCTION DEBRIS..........................................................................................................................SP-2 DUSTCONTROL.........................................................................................................................................SP-2 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK......................................................SP-2 STATUSOF UTILITIES ...............................................................................................................................SP-3 STORM SEWER CONSTRUCTION............................................................................................................SP-5 ADJUSTMENTS AND RECONSTRUCTIONS (D-1)...................................................................................SP-6 HOT-MIX ASPHALT BINDER AND SURFACE COURSE (D-1)..................................................................SP-7 KEEPING THE ROAD OPEN TO TRAFFIC..............................................................................................SP-16 MAINTENANCE OF ROADWAYS (D-1)....................................................................................................SP-16 PUBLIC CONVENIENCE AND SAFETY (D-1)..........................................................................................SP-17 RECLAIMED ASPHALT PAVEMENT AND RECLAIMED ASPHALT SHINGLES (D-1)...........................SP-17 HOT-MIX ASPHALT BINDER AND SURFACE COURSE (D-1)................................................................SP-26 PRESSURE TESTING OF WATER MAINS ..............................................................................................SP-36 DISINFECTION OF WATER MAINS .........................................................................................................SP-37 BYPASSPUMPING...................................................................................................................................SP-39 DUSTCONTROL.......................................................................................................................................SP-39 CCDD INFORMATION...............................................................................................................................SP-40 SUSPECTDEBRIS....................................................................................................................................SP-40 LOW MAINTENANCE TURFGRASS (BUFFALO GRASS BOWIE)..........................................................SP-40 SEEDING, BALLFIELD MIX.......................................................................................................................SP-40 SEEDING, CLASS 5A, (MODIFIED)..........................................................................................................SP-40 REINFORCED CONCRETE PIPE TEE, 54" PIPE WITH 36" RISER........................................................SP-41 REINFORCED CONCRETE PIPE TEE AND PIPE ELBOW, 54" PIPE WITH 36" RISER........................SP-41 STORM SEWERS, CLASS A, TYPE 1 8"..................................................................................................SP-42 ADJUSTING WATER MAIN 8"...................................................................................................................SP-42 CLEANOUTS AT PIPE UNDERDRAINS 4" (SPECIAL)............................................................................SP-42 SANITARY SERVICE ADJUSTMENT.......................................................................................................SP-42 DEWATERING...........................................................................................................................................SP-43 JUNCTION CHAMBER NO. 1....................................................................................................................SP-45 JUNCTION CHAMBER NO. 2....................................................................................................................SP-45 TRENCH BACKFILL, SPECIAL.................................................................................................................SP-46 ORNAMENTAL FENCE.............................................................................................................................SP-46 ABANDON AND FILL EXISTING STORM SEWER...................................................................................SP-46 ADJUSTING WATER SERVICE LINES.....................................................................................................SP-47 TRAFFIC CONTROL & PROTECTION, (SPECIAL)..................................................................................SP-47 TEMPORARY CHAIN LINK FENCE, 8'.....................................................................................................SP-48 MAINTENANCE OF TEMPORARY CHAIN LINK FENCE, 8.....................................................................SP-49 GEOBLOCK POLYETHYLENE POROUS PAVEMENT SYSTEM............................................................SP-49 EXPLORATION EXCAVATION (UTILITY).................................................................................................SP-50 STABILIZED CONSTRUCTION ENTRANCE............................................................................................SP-50 INFIELD, FURNISH AND PLACE..............................................................................................................SP-50 BALL FIELD BACKSTOP AND FENCES ..................................................................................................SP-52 ASPHALT PATH REMOVAL......................................................................................................................SP-54 BIOSOLIDS DELIVER AND PLACE, 1-1/2"...............................................................................................SP-54 RAILINGS FOR STAIRS AND RAMPS .....................................................................................................SP-55 TREES, DECIDUOUS, 2.5" BALLED & BURLAPPED..............................................................................SP-55 Bid Book Page 35 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 STAIRS......................................................................................................................................................SP-55 PLAYERS BENCH.....................................................................................................................................SP-56 SEGMENTAL BLOCK WALL SYSTEM.....................................................................................................SP-56 PAVER STRIP AT WALL...........................................................................................................................SP-57 AS-BUILT DRAWINGS ..............................................................................................................................SP-57 ITEMS AS ORDERED BY THE ENGINEER..............................................................................................SP-58 DETENTION BASIN MAINTENANCE .......................................................................................................SP-58 TREE RELOCATION, UNDER 18"............................................................................................................SP-58 TREE RELOCATION, 18"AND OVER......................................................................................................SP-58 BAR GRATE FOR PRECAST REINFORCED CONCRETE FLARED END SECTIONS 54"....................SP-60 BASIN ON-LINE DRAINAGE STRUCTURE, BURIED LID........................................................................SP-60 IRRIGATION SPECIAL PROVISIONS.......................................................................................................SP-60 WATERWELL............................................................................................................................................SP-71 SUBMERSIBLE WELL PUMP AND MOTOR, PITLESS ADAPTER AND ACCESSORIES......................SP-85 GENERAL PROVISIONS FOR ELECTRICAL WORK...............................................................................SP-96 BASIC ELECTRICAL MATERIALS AND METHODS..............................................................................SP-101 SERVICE AND DISTRIBUTION ..............................................................................................................SP-104 ELECTRICAL CONDUIT..........................................................................................................................SP-106 WIREAND CABLE...................................................................................................................................SP-114 ELECTRICAL PANELS & ENCLOSURES...............................................................................................SP-119 BDE SPECIAL PROVISIONS MWRDGC IGA/FORMS SWPPP/NOI (IDOT BDE 2324/ IEPA) LPC-663 GEOTECHNICAL REPORT LR107-04 Bid Book Page 36 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 SPECIAL PROVISIONS The following Special Provisions supplement the "Standard Specifications for Road and Bridge Construction" herein referred to as the Standard Specifications, Adopted April 1, 2016, the latest edition of the "Illinois Manual on Uniform Traffic Control Devices for Streets and Highways", the latest edition of the Standard Specifications for Water and Sewer Construction in Illinois", and the "Manual of Test Procedures for Materials" in effect on the date of invitation for bids and the Supplemental Specifications and Recurring Special Provisions indicated on the Check Sheet included herein which apply to and govern the construction of the Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project, and in case of conflict with any part, or parts, of said Specifications, the said Special Provisions shall take precedence and shall govern. All construction shall be in accordance with the Standard Specifications; the latest edition of the "Illinois Manual on Uniform Traffic Control Devices for Streets and Highways", (IMUTCD; the "Standard Specifications for Traffic Control Items", SSTCI), "The Standard Specifications for Water and Sewer Main Construction in Illinois" July 2009 6th edition, the "Details" in the plans and the "Special Provisions, IDOT standard drawings, and Village of Mount Prospect standard drawings" included in the contract documents, the "Americans with Disabilities Act of 1990 Accessibility Guidelines", the "Draft Rehabilitation Act of 1973" (Section 504), and the "Public Rights-Of-Way Accessibility Guidelines". Section /Article references refer to the Standard Specification. MBE/WBE/SBE/VBE PARTICIPATION GOALS The CONTRACTOR must comply with the goals established for minority-owned business Enterprises("MBE"),women-owned business enterprises("WBE"), and small business enterprises ("SBE") as described in the 6/4/2015 Revised AFFIRMATIVE ACTION ORDINANCE REVISED APPENDIX D OF THE MWRDGC, included herein. The MBE goal is 20%, the WBE goal is 10%, the SBE goal is 10%, and the VBE goal is 3%. SUBCONTRACTOR APPROVALS The apparent low bidder must submit a Request for Approval of Subcontractors and Affidavit of Availability for each subcontractor within 24 hours of the bid opening. The Village reserves the right to reject subcontractors, if in the judgement of the Village the best interests of the Village will be promoted thereby. SCHEDULE OF WORK The Contractor shall submit a written sequence and timetable for completion of the work within 10 calendar days after award of contract. Additional work and materials related to cold weather shall not be paid for separately but shall be included in the cost of the item requiring cold weather work/materials. SP-1 Bid Book Page 37 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 The Contractor must schedule the work such that at the completion of each working day all exposed subgrade shall be covered with the subbase material and graded to the Engineer's satisfaction to provide transitions to the existing adjoining pavement and enable maintenance of traffic through the work area. The Contractor must notify the Village at least 48 hours in advance of any anticipated driveway closures. Driveway closures can occur only after the affected residents or businesses have been given a minimum of 24 hours written notice from the Village. Work must be scheduled so that driveway closures shall not exceed 2 working days. If the Contractor fails to restore all access to driveways within the time limits specified above, the Engineer will impose a daily monetary deduction for each 24-hour period (or portion thereof) the deficiency exists. This time period will begin with the time of notification to the Contractor and end with the Resident Engineer's acceptance of driveway access. For this project, the daily deduction will be one thousand dollars per day per driveway. In addition, if the Contractor fails to respond, the Engineer may correct the deficiencies and the cost thereof will be deducted from monies due or which may become due from the contractor. This corrective action will in no way relieve the Contractor of his/her contractual requirements or responsibilities. No additional compensation will be given for the use of temporary stone to fulfill this requirement and should be included in the cost of the contract. No work will be performed on holidays observed in Illinois. Construction activities are identified as the operation of heavy equipment, including but not limited to the warming up of any piece of equipment or turning on engines. See Contract General Conditions 3(e)for additional information. CONSTRUCTION DEBRIS Add the following to the third paragraph of Article 202.03 of the Standard Specifications: "The Contractor shall not conduct any generation, transportation, or recycling of construction or demolition debris, clean or general or uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities, structures, and roads that is not commingled with any waste, without the maintenance of documentation identifying the hauler, generator, place of origin of the debris or soil, the weight or volume of the debris or soil, and the location, owner, and operator of the facility where the debris or soil was transferred, disposed, recycled or treated. This documentation must be maintained by the Contractor for 3 years." DUST CONTROL The Contractor shall take appropriate measures to control dust at all times along the entire project by means such as mechanical sweeper, water truck, or as directed by the Engineer. All concrete sawcutting shall utilize a "wet cutting method" and shall be thoroughly cleaned at the end of each working day. This work shall be included in the cost of the contract. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK The BIDDER acknowledges that, prior to submission of its bid, it has taken steps necessary to SP-2 Bid Book Page 38 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 ascertain the nature and location of the Work, and that it has investigated, confirmed, verified as correct and satisfied itself as to the general and local conditions which can affect the Work or its costs, including but not limited to (1) location and load capacity of existing roadways, utilities, corresponding pavement, shoulders, curb and gutter, sanitary sewer, storm sewers, and water main, bearing upon transportation, disposal, handling and storage of materials; (2)the availability of labor, water, electric power and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground and existing detention ponds; (5) the character of equipment and facilities needed prior to and during work performance; (6) subsurface conditions at the site of Work; (7) the quantities and qualities of all materials, equipment, and labor set forth in the Bid Proposal, plans and drawings and specifications that are necessary to complete all of the Work as required under the Contract Documents; and (8) the location, condition, compatibility, configuration of all existing utilities and infrastructure. The BIDDER also acknowledges that it has verified as correct, confirmed and satisfied itself as to the character, quality and quantity of surface and subsurface materials, obstacles or conditions to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done, if any, as well as from the drawings, plans and specifications made a part of the bidding documents. The BIDDER further acknowledges that it has reviewed, investigated, confirmed, verified as correct and satisfied itself as to the available geotechnical reports, environmental reports, etc. Any failure of the BIDDER to take the actions described and acknowledged in this paragraph will not relieve the BIDDER from responsibility for estimating properly the difficulty and cost of successfully performing the Work, or for proceeding to successfully perform the Work without additional expense to the Village. Christopher B. Burke Engineering, Ltd. and Village assume no responsibility for any conclusions or interpretations made by the BIDDER based on information made available by Christopher B. Burke Engineering, Ltd. or the OWNER of the project. Nor does the Village or Christopher B. Burke Engineering, Ltd. assume responsibility for any understanding reached or representation made concerning conditions which can affect the Work by any of its officers or agents before the acceptance of the bid offer and execution of the contract, unless that understanding or representation is expressly stated in this contract. STATUS OF UTILITIES Utility companies listed below have been contacted regarding potential conflicts between their respective utilities and the proposed improvements. Utility companies are in the process of determining if potential conflicts exist. The list below may not be complete and is subject to change. It will be the Contractor's responsibility to contact utility conflicts to determine if additional conflicts may exist. The following contact information is what was used during the preparation of the plans as provided by the Agency/Company responsible for resolution of the conflict. Agency/Company Name of Address Phone e-mail address Responsible to contact Resolve Conflict AT&T (Distribution) Janet 1000 Commerce Bus (630) 573- ja1763@att.com Ahern Dr. Oak Brook, IL 6414 g05256@att.com 60523 Bus (630) 573- brl831@att.com SP-3 Bid Book Page 39 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 6471 Comcast Martha 688 Industrial Dr. Bus (630) 600- martha_gieras@ Gieras Elmhurst, IL 60126 6352 cable.comcast.com Mobile (630) 600-6390 ComEd Lisa 2 Lincoln Ctr. Bus (630) 437- Lisa.argast@ Argast Oakbrook Terrace, 3381 comed.com IL 60181 Bus (630) 576- PlanSubmittalsand 7094 MapRequests@exelon corp.com Crown Castle Fiber Becky 2000 Corporate Dr Bus (724) 416- Fiber.dig@ Dig Team Byrd Canonsburg, PA 2842 crowncastle.com 15317 Illinois American Henry 1000 International Bus (630) 739- henry.maradiaga@ Water (Chicago Metro Maradiaga Parkway 8859 amwater.com Div.) Woodridge, IL Mobile (800) 60517 892-0123 MCI-Verizon Business Joe 7719 W. 60th PI. Bus (708) 458- Joe.chaney@ Chaney Summit, IL 60501 6410 Verizon.com Telecom Eng. John.buher@ Representing - MCI Verizon.com Nicor Gas Bruce 1844 Ferry Rd. Bus (630) 388- bkoppan@ Koppang Naperville, IL 3046 aglresources.com 60563-9600 gasmaps@nicor.com WOW Internet & Cable Paul 1674 Frontenac Rd. Bus (630) 536- paul.flinkow@ Flinkow Naperville, IL 60563 3139 wideopenwest.com Village of Mount Public Works Prospect Department 1700 W Central Rd Mount Prospect, IL 60056 River Trails Park Thomas 1500 E Euclid Ave, Bus (847) 394- tpope@rtpd.org District Pope Mt Prospect, IL 0734 60056 Conflicts noted below have been identified by following the suggested staging plan included in the contract. The company has been notified of all conflicts and will be required to obtain the necessary permits to complete their work; in some instances, resolution will be a function of the construction staging. The responsible agency must relocate or complete new installations as noted in the action column; this work has been deemed necessary to be complete for the SP-4 Bid Book Page 40 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 Department's contractor to then work in the stage under which the item has been listed. STAGE / TYPE DESCRIPTION RESPONSIBLE ACTION LOCATION AGENCY Expose and STA 19+00 to Open trench suspend existing STA 19+50 under Utilities utilities at proposed Contractor Watch and Protect utility crossing location Expose and Open trench suspend existing STA 22+50 utility at proposed Contractor Watch and Protect under Gas utility crossing location Expose, adjust Contractor STA 22+90 upward and suspend STA 23+50 Pr stm pipe vs existing utility. Illinois American Adjust or replace STA 23+90 Water service Water (Chicago STA 24+30 If ex utility cannot be adjusted, replace. Metro Div.) STA 22+90 Expose. Contractor STA 23+50 Pr stm pipe vs Illinois American STA 23+90 San service Water (Chicago Replace STA 24+30 Replace. Metro Div.) Expose, adjust upward and suspend Contractor STA 23+80 Pr stm pipe vs existing utility. STA 27+97 ComEd Line Adjust or replace If ex utility cannot be ComEd adjusted, replace. Expose, adjust upward. Illinois American Adjust. Water (Chicago STA 26+50 Pr stm pipe vs Metro Div.) Water main Expose and suspend existing utility. Contractor Watch and Protect STORM SEWER CONSTRUCTION Description of Work. This work shall consist of constructing storm sewer of the size and type specified and installation of catch basins and manholes of the type and size specified, along with all excavation, backfill, service connections and associated work, as shown on the enclosed plans. All work shall conform to Section 550 of the Standard Specifications. The Contractor shall be responsible for continuity of the sanitary sewer services to each facility connected to the sanitary sewer during the execution of the work this contract. In the event that sewage backup occurs during SP-5 Bid Book Page 41 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 or following operations and enters dwellings,the Contractor shall be responsible for cleanup, repair and all property damage costs and claims. Trench backfill shall be FA-06 exclusively. No alternatives will be accepted. Under and within 2' of HMA/concrete surfaces, material removed from the trench shall be removed from the site and shall not be used for trench backfill regardless of its suitability. Where storm lines pass above water main and water services, storm pipe shall be of water quality extending 10' minimum on either side of crossing or shall be installed with O-ring rubber gaskets. The storm sewer must be constructed with reinforced concrete pipe with a flexible gasket joint meeting ASTM C361 or ASTM C443 as an alternative to constructing the storm sewer with water main equivalent pipe at locations where it is not possible to meet the separation requirements. Blind connections for storm sewer connections to the proposed storm sewer pipe(except to the 54" storm sewer) shall be provided of the size and at the locations shown on the plans. ADJUSTMENTS AND RECONSTRUCTIONS (D-1) Effective: March 15, 2011 Revise the first paragraph of Article 602.04 to read: "602.04 Concrete. Cast-in-place concrete for structures shall be constructed of Class SI concrete according to the applicable portions of Section 503. Cast-in-place concrete for pavement patching around adjustments and reconstructions shall be constructed of Class PP-1 concrete, unless otherwise noted in the plans, according to the applicable portions of Section 1020." Revise the third, fourth and fifth sentences of the second paragraph of Article 602.11(c) to read: "Castings shall be set to the finished pavement elevation so that no subsequent adjustment will be necessary, and the space around the casting shall be filled with Class PP-1 concrete, unless otherwise noted in the plans, to the elevation of the surface of the base course or binder course. HMA surface or binder course material shall not be allowed.The pavement may be opened to traffic according to Article 701.17(e)(3)b." Revise Article 603.05 to read: "603.05 Replacement of Existing Flexible Pavement.After the castings have been adjusted, the surrounding space shall be filled with Class PP-1 concrete, unless otherwise noted in the plans, to the elevation of the surface of the base course or binder course. HMA surface or binder course material shall not be allowed. The pavement may be opened to traffic according to Article 701.17(e)(3)b." Revise Article 603.06 to read: "603.06 Replacement of Existing Rigid Pavement. After the castings have been adjusted, the pavement and HMA that was removed, shall be replaced with Class PP-1 concrete, unless SP-6 Bid Book Page 42 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 otherwise noted in the plans, not less than 9 in. (225 mm)thick. The pavement may be opened to traffic according to Article 701.17(e)(3)b. The surface of the Class PP concrete shall be constructed flush with the adjacent surface." Revise the first sentence of Article 603.07 to read: "603.07 Protection Under Traffic. After the casting has been adjusted and the Class PP concrete has been placed, the work shall be protected by a barricade and two lights according to Article 701.17(e)(3)b." HOT-MIX ASPHALT BINDER AND SURFACE COURSE (D-1) Effective: November 1, 2019 Description. This work shall consist of constructing a hot-mix asphalt(HMA) binder and/or surface course on a prepared base. Work shall be according to Sections 406 and 1030 of the Standard Specifications, except as modified herein. Materials. Revise Article 1004.03(c) to read: " (c) Gradation. The coarse aggregate gradations shall be as listed in the following table. Use Size/Application Gradation No. Class A-1, A-2, & A-3 3/8 in. (10 mm) Seal CA 16 or CA 20 Class A-1 1/2 in. (13 mm) Seal CA 15 Class A-2 &A-3 Cover Coat CA 14 IL-19.0; CA 11 1� Stabilized Subbase IL-19.0 HMA High ESAL SMA 12.5 2i CA 134, CA 14, or CA 16 g SMA 9.5 21 CA 133/41 or CA 1631 I L-9.5 CA 16 IL-9.5FG CA 16 IL-19.OL CA 11 1i HMA Low ESAL IL-9.5L ICA 16 1/ CA 16 or CA 13 may be blended with the CA 11. 2/ The coarse aggregates used shall be capable of being combined with stone sand, slag sand, or steel slag sand meeting the FA/FM 20 gradation and mineral filler to meet the approved mix design and the mix requirements noted herein. 3/ The specified coarse aggregate gradations may be blended. 4/ CA 13 shall be 100 percent passing the 1/2 in. (12.5mm) sieve." SP-7 Bid Book Page 43 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 Revise Article 1004.03(e) of the Supplemental Specifications to read: "(e)Absorption. For SMA the coarse aggregate shall also have water absorption <_ 2.0 percent." HMA Nomenclature. Revise the "High ESAU portion of the table in Article 1030.01 to read: IL-19.0, IL-9.5, IL-9.5FG, Binder Courses IL-4.75, SMA 12.5, "High ESAL Stabilized Subbase IL-19.0 Surface Courses IL-9.5, IL-9.5FG, SMA 12.5, SMA 9.5" Revise Article 1030.02 of the Standard Specifications and Supplemental Specifications to read: "1030.02 Materials. Materials shall be according to the following. Item Article/Section (a) Coarse Aggregate 1004.03 (b) Fine Aggregate 1003.03 (c) RAP Material 1031 (d) Mineral Filler 1011 (e) Hydrated Lime 1012.01 (f) Slaked Quicklime (Note 1) (g) Performance Graded Asphalt Binder (Note 2) 1032 (h) Fibers (Note 3) (i) Warm Mix Asphalt (WMA) Technologies (Note 4) Note 1. Slaked quicklime shall be according to ASTM C 5. Note 2. The asphalt binder shall be an SBS PG 76-28 when the SMA is used on a full-depth asphalt pavement and SBS PG 76-22 when used as an overlay, except where modified herein.The asphalt binder shall be an Elvaloy or SBS PG 76-22 for IL-4.75, except where modified herein. The elastic recovery shall be a minimum of 80. Note 3. A stabilizing additive such as cellulose or mineral fiber shall be added to the SMA mixture according to Illinois Modified AASHTO M 325. The stabilizing additive shall meet the Fiber Quality Requirements listed in Illinois Modified AASHTO M 325. Prior to approval and use of fibers,the Contractor shall submit a notarized certification by the producer of these materials stating they meet these requirements. Reclaimed Asphalt Shingles (RAS) may be used in Stone Matrix Asphalt(SMA)mixtures designed with an SBA polymer modifier as a fiber additive if the mix design with RAS included meets AASHTO T305 requirements. The RAS shall be from a certified source that produces either Type I or Type 2. Material shall meet requirements noted herein and the actual dosage rate will be determined by the Engineer. SP-8 Bid Book Page 44 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 Note 4. Warm mix additives or foaming processes shall be selected from the Department's Qualified Producer List, "Technologies for the Production of Warm Mix Asphalt (WMA)"." Mixture Design. Revise Article 1030.04(a)(1)of the Standard Specifications and the Supplemental Specifications to read: High ESAL, MIXTURE COMPOSITION (% PASSING) 1� Sieve IL-19.0 mm SMA 12.5 SMA 9.5 IL-9.5mm IL-4.75 mm Size min imax min max min max min max min max 1 1/2 in (37.5 mm) 1 in. (25 mm) 100 3/4 in. (19 mm) go 100 100 1/2 in. (12.5 mm) 75 89 80 100 100 100 100 3/8 in. (9.5 mm) 65 90 100 90 100 100 4 (4.75 mm) 40 60 20 30 36 50 34 69 90 100 8 (2.36 mm) 20 42 16 24 4/ 16 324/ 34 5/ 52 2/ 70 90 16 (1.18 mm) 15 30 10 32 50 65 30 (600 µm) 12 16 12 18 50 (300 µm) 6 15 4 15 15 30 100 (150 µm) 4 9 3 10 10 18 200 (75 µm) 3 6 7.0 9.03/ 7.5 .5 1 4 6 7 93/ 635 (20 µm) < 3.0 <_ 3.0 Ratio Dust/Asphal Binder 1.0 1.5 1.5 1.0 1.0 1/ Based on percent of total aggregate weight. 2/ The mixture composition shall not exceed 44 percent passing the #8 (2.36 mm) sieve for surface courses with Ndesign = 90. 3/ Additional minus No. 200 (0.075 mm) material required by the mix design shall be mineral filler, unless otherwise approved by the Engineer. 4/ When establishing the Adjusted Job Mix Formula(AJMF)the percent passing the#8 (2.36 mm) sieve shall not be adjusted above the percentage stated on the table. 5/ When establishing the Adjusted Job Mix Formula(AJMF)the percent passing the#8 (2.36 mm) sieve shall not be adjusted below 34 percent. SP-9 Bid Book Page 45 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 Revise Article 1030.04(b)(1) of the Standard Specifications to read: "(1) High ESAL Mixtures. The target value for the air voids of the HMA shall be 4.0 percent, for IL-4.75 it shall be 3.5 percent and for Stabilized Subbase it shall be 3.0 percent at the design number of gyrations. The voids in the mineral aggregate (VMA) and voids filled with asphalt binder (VFA) of the HMA design shall be based on the nominal maximum size of the aggregate in the mix and shall conform to the following requirements. VOLUMETRIC REQUIREMENTS High ESAL Voids in the Mineral Aggregate Voids Filled (VMA), with Asphalt % minimum Binder(VFA), Ndesign % L-19.0; IL-4.7511 Stabilized Subbase IL-9.5 IL- 19.0 50 18.5 65- 78 21 70 13.5 15.0 65 - 75 90 1/ Maximum draindown for IL-4.75 shall be 0.3 percent. 2/ VFA for IL-4.75 shall be 72-85 percent." Revise the table in Article 1030.04(b)(3) to read: "VOLUMETRIC REQUIREMENTS, SMA 12.5 11 and SMA 9.5 1� Design Air Voids Voids in the Mineral Voids Filled Ndesign Target % Aggregate with Asphalt (VMA), % min. (VFA), % 804/ 3.5 17.0 21 75 - 83 16.0 3/ 1/ Maximum draindown shall be 0.3 percent. The draindown shall be determined at the JMF asphalt binder content at the mixing temperature plus 30 OF. 2/ Applies when specific gravity of coarse aggregate is >_ 2.760. 3/ Applies when specific gravity of coarse aggregate is < 2.760. 4/ Blending of different types of aggregate will not be permitted. For surface course, the coarse aggregate can be crushed steel slag, crystalline crushed stone or crushed sandstone. For binder course, coarse SP-10 Bid Book Page 46 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 aggregate shall be crushed stone (dolomite), crushed gravel, crystalline crushed stone, or crushed sandstone. Add to the end of Article 1030.05 (d) (2) a. of the Standard Specifications: "During production, the Contractor shall test SMA mixtures for draindown according to AASHTO T305 at a frequency of 1 per day of production." Revise the last paragraph of Article 1102.01 (a) (5) of the Standard Specifications to read: "IL-4.75 and Stone Matrix Asphalt (SMA) mixtures which contain aggregate having absorptions greater than or equal to 2.0 percent, or which contain steal slag sand, shall have minimum surge bin storage plus haul time of 1.5 hours." Quality Control/Quality Assurance (QC/QA). Revise the third paragraph of Article 1030.05(d)(3)to read: "If the Contractor and Engineer agree the nuclear density test method is not appropriate for the mixture, cores shall be taken at random locations determined according to the QC/QA document "Determination of Random Density Test Site Locations". Core densities shall be determined using the Illinois Modified AASHTO T 166 or T 275 procedure." Add the following paragraphs to the end of Article 1030.05(d)(3): " Longitudinal joint density testing shall be performed at each random density test location. Longitudinal joint testing shall be located at a distance equal to the lift thickness or a minimum of 4 in. (100 mm), from each pavement edge (i.e. for a 5 in. (125 mm) lift the near edge of the density gauge or core barrel shall be within 5 in. (125 mm) from the edge of pavement). Longitudinal joint density testing shall be performed using either a correlated nuclear gauge or cores. a. Confined Edge. Each confined edge density shall be represented by a one-minute nuclear density reading or a core density and shall be included in the average of density readings or core densities taken across the mat which represents the Individual Test. b. Unconfined Edge. Each unconfined edge joint density shall be represented by an average of three one-minute density readings or a single core density at the given density test location and shall meet the density requirements specified herein. The three one-minute readings shall be spaced 10 ft(3 m)apart longitudinally along the unconfined pavement edge and centered at the random density test location. When a longitudinal joint sealant (LJS) is applied, longitudinal joint density testing will not be required on the joint(s) sealed." Revise the second table in Article 1030.05(d)(4) and its notes to read: SP-11 Bid Book Page 47 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 "DENSITY CONTROL LIMITS Mixture Individual Test Unconfined Edge Composition Parameter (includes confined Joint Density, edges) minimum IL-4.75 Ndesign = 50 93.0 —97.4 % 11 91.0% IL-9.5FG Ndesign = 50 - 90 93.0 -97.4 % 91.0% IL-9.5 Ndesign = 90 92.0 -96.0 % 90.0% IL-9.5, IL-9.5L, Ndesign < 90 92.5 -97.4 % 90.0% IL-19.0 Ndesign = 90 93.0 -96.0 % 90.0% IL-19.0, IL-19.01- Ndesign < 90 93.0 21—97.4 % 90.0% SMA Ndesign = 80 93.5 -97.4 % 91.0% 1/ Density shall be determined by cores or by correlated, approved thin lift nuclear gauge. 2/ 92.0 % when placed as first lift on an unimproved subgrade." Equipment. Add the following to Article 1101.01 of the Standard Specifications: "(h)Oscillatory Roller. The oscillatory roller shall be self-propelled and provide a smooth operation when starting, stopping, or reversing directions. The oscillatory roller shall be able to operate in a mode that will provide tangential impact force with or without vertical impact force by using at least one drum. The oscillatory roller shall be equipped with water tanks and sprinkling devices, or other approved methods, which shall be used to wet the drums to prevent material pickup. The drum(s) amplitude and frequency of the tangential and vertical impact force shall be approximately the same in each direction and meet the following requirements: (1)................................. The minimum diameter of the drum(s) shall be 42 in. (1070 mm); (2)..................................... The minimum length of the drum(s) shall be 57 in. (1480 mm); (3).............The minimum unit static force on the drum(s) shall be 125 Ib/in. (22 N/m); and (4)........................The minimum force on the oscillatory drum shall be 18,000 Ib (80 kN)." Construction Requirements. Add the following to Article 406.03 of the Standard Specifications: 110) Oscillatory Roller ............................................................................................1101.01„ Revise the third paragraph of Article 406.05(a) to read: "All depressions of 1 in. (25 mm) or more in the surface of the existing pavement shall be SP-12 Bid Book Page 48 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 filled with binder. At locations where heavy disintegration and deep spalling exists, the area shall be cleaned of all loose and unsound material, tacked, and filled with binder (hand method)." Revise Article 406.05(c) to read. "(c) Binder(Hand Method). Binder placed other than with a finishing machine will be designated as binder (hand method) and shall be compacted with a roller to the satisfaction of the Engineer. Hand tamping will be permitted when approved by the Engineer." Revise the special conditions for mixture IL-4.75 in Article 406.06(b)(2)e. to read: "e. The mixture shall be overlaid within 5 days of being placed." Revise Article 406.06(d) to read: "(d) Lift Thickness. The minimum compacted lift thickness for HMA binder and surface courses shall be as follows. MINIMUM COMPACTED LIFT THICKNESS Mixture Composition Thickness, in. (mm) IL-4.75 3/4 (19) - over HMA surfaces 11 1 (25) - over PCC surfaces 11 IL-9.5FG 1 1/4 (32) IL-9.5, IL-9.51- 1 1/2 (38) SMA 9.5 1 3/4 (45) SMA 12.5 2 (51) IL-19.0, IL-19.01- 21/4 (57) 1/ The maximum compacted lift thickness for mixture IL-4.75 shall be 1 1/4 in. (32 mm)." Revise Table 1 and Note 3/of Table 1 in Article 406.07(a) of the Standard Specifications to read: "TABLE 1 - MINIMUM ROLLER REQUIREMENTS FOR HMA Breakdown Roller Intermediate Final Roller Density (one of the Roller (one or more of Requirement following) the following) Binder and Surface " Vo, P 3/, TB, 3W, P 3/, OT, OB Vs, TB, TF,OT As specified in OT, OB Articles: 1030.05(d)(3), (d)(4), and (d)(7). IL-4.75 and SMA 4/5/ TB, 3W, OT - - TF, 3W, OT SP-13 Bid Book Page 49 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 Bridge Decks 21 TB _ _ TF As specified in Articles 582.05 and 582.06. 3/ A vibratory roller (VD) or oscillatory roller (OT or OB) may be used in lieu of the pneumatic- tired roller on mixtures containing polymer modified asphalt binder." Add the following to EQUIPMENT DEFINITION in Article 406.07(a) contained in the Errata of the Supplemental Specifications: "OT- Oscillatory roller,tangential impact mode. Maximum speed is 3.0 mph (4.8 km/h)or 264 ft/min (80 m/min). OB - Oscillatory roller, tangential and vertical impact mode, operated at a speed to produce not less than 10 vertical impacts/ft (30 impacts/m)." Delete last sentence of the second paragraph of Article 1102.01(a) (4) b. 2. Add to the end of Article 1102.01 (a) (4) b. 2.: "As an option, collected dust(baghouse)may be used in lieu of manufactured mineral filler according to the following: (a.) Sufficient collected dust(baghouse)is available for production of the SMA mix for the entire project. (b.) A mix design was prepared based on collected dust (baghouse). Revise Article 1030.04 (d) of the Standard Specifications to read: "(d) Verification Testing. High ESAL, IL-4.75, and SMA mix designs submitted for verification will be tested to ensure that the resulting mix designs will pass the required criteria for the Hamburg Wheel Test(IL mod AASHTO T-324)and the Tensile Strength Test (IL mod AASHTO T-283). The Department will perform a verification test on gyratory specimens compacted by the Contractor. If the mix fails the Department's verification test, the Contractor shall make the necessary changes to the mix and resubmit compacted specimens to the Department for verification. If the mix fails again, the mix design will be rejected. All new mix designs will be required to be tested, prior to submittal for Department verification and shall meet the following requirements: (1)Hamburg Wheel Test criteria. The maximum allowable rut depth shall be 0.5 in. (12.5 mm). The minimum number of wheel passes at the 0.5 in. (12.5 mm)rut depth criteria shall be based on the high temperature binder grade of the mix as specified in the mix requirements table of the plans. SP-14 Bid Book Page 50 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 Illinois Modified AASHTO T 324 Requirements 1i Asphalt Binder Grade # Repetitions Max Rut Depth (mm) PG 70 -XX (or higher) 20,000 12.5 PG 64 -XX (or lower) 10,000 12.5 1/ When produced at temperatures of 275 ± 5 OF (135 ± 3 °C) or less, loose Warm Mix Asphalt shall be oven aged at 270 ± 5 OF (132 ± 3 °C) for two hours prior to gyratory compaction of Hamburg Wheel specimens. Note: For SMA Designs (N-80) the maximum rut depth is 6.0 mm at 20,000 repetitions. For IL 4.75mm Designs (N-50) the maximum rut depth is 9.Omm at 15,000 repetitions. (2) Tensile Strength Criteria. The minimum allowable conditioned tensile strength shall be 60 psi (415 kPa) for non-polymer modified performance graded (PG) asphalt binder and 80 psi (550 kPa)for polymer modified PG asphalt binder. The maximum allowable unconditioned tensile strength shall be 200 psi (1380 kPa)." Production Testing. Revise first paragraph of Article 1030.06(a) of the Standard Specifications to read: "(a) High ESAL, IL-4.75, WMA, and SMA Mixtures. For each contract, a 300 ton (275 metric tons)test strip, except for SMA mixtures it will be 400 ton (363 metric ton), will be required at the beginning of HMA production for each mixture at the beginning of each construction year according to the Manual of Test Procedures for Materials "Hot Mix Asphalt Test Strip Procedures". At the request of the Producer, the Engineer may waive the test strip if previous construction during the current construction year has demonstrated the constructability of the mix using Department test results." Add the following after the sixth paragraph in Article 1030.06 (a) of the Standard Specifications: "The Hamburg Wheel test shall also be conducted on all HMA mixtures from a sample taken within the first 500 tons (450 metric tons)on the first day of production or during start up with a split reserved for the Department. The mix sample shall be tested according to the Illinois Modified AASHTO T 324 and shall meet the requirements specified herein. Mix production shall not exceed 1500 tons (1350 metric tons)or one day's production, whichever comes first, until the testing is completed and the mixture is found to be in conformance. The requirement to cease mix production may be waived if the plant produced mixture demonstrates conformance prior to start of mix production for a contract. If the mixture fails to meet the Hamburg Wheel criteria, no further mixture will be accepted until the Contractor takes such action as is necessary to furnish a mixture meeting the criteria" Method of Measurement: Add the following after the fourth paragraph of Article 406.13 (b): SP-15 Bid Book Page 51 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 "The plan quantities of SMA mixtures shall be adjusted using the actual approved binder and surface Mix Design's Gmb•" Basis of Payment. Replace the second through the fifth paragraphs of Article 406.14 with the following: "HMA binder and surface courses will be paid for at the contract unit price per ton (metric ton)for MIXTURE FOR CRACKS, JOINTS,AND FLANGEWAYS; HOT-MIX ASPHALT BINDER COURSE (HAND METHOD), of the Ndesign specified; HOT-MIX ASPHALT BINDER COURSE,of the mixture composition and Ndesign specified; HOT-MIX ASPHALT SURFACE COURSE, of the mixture composition, friction aggregate, and Ndesign specified; POLYMERIZED HOT-MIX ASPHALT BINDER COURSE (HAND METHOD), of the Ndesign specified; POLYMERIZED HOT-MIX ASPHALT BINDER COURSE, of the mixture composition and Ndesign specified; POLYMERIZED HOT-MIX ASPHALT SURFACE COURSE, of the mixture composition, friction aggregate, and Ndesign specified; POLYMERIZED HOT-MIX ASPHALT BINDER COURSE, STONE MATRIX ASPHALT, of the mixture composition and Ndesign specified; POLYMERIZED HOT-MIX ASPHALT SURFACE COURSE, STONE MATRIX ASPHALT, of the mixture composition, friction aggregate, and Ndesign specified." KEEPING THE ROAD OPEN TO TRAFFIC This item of work shall be performed in accordance with Article 107.09 of the Standard Specifications except as modified herein. At the completion of each working day the road shall be made safe and passable to traffic through the work area. If the Contractor fails to restore all access to the road by the close of each working day, the Engineer will impose a daily monetary deduction for each 24-hour period (or portion thereof)the deficiency exists. For this project, the daily deduction will be five thousand dollars per day per street. In addition, if the Contractor fails to respond, the Engineer may correct the deficiencies and the cost thereof will be deducted from monies due or which may become due the contractor. This corrective action will in no way relieve the Contractor of his/her contractual requirements or responsibilities. This work will be incidental to the contract which shall include all material, labor and equipment needed to complete these operations specified herein. MAINTENANCE OF ROADWAYS (D-1) Effective: September 30, 1985 Revised: November 1, 1996 Beginning on the date that work begins on this project, the Contractor shall assume responsibility for normal maintenance of all existing roadways within the limits of the improvement. This normal maintenance shall include all repair work deemed necessary by the Engineer, but shall not include snow removal operations. Traffic control and protection for maintenance of roadways will be provided by the Contractor as required by the Engineer. SP-16 Bid Book Page 52 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 If items of work have not been provided in the contract, or otherwise specified for payment, such items, including the accompanying traffic control and protection required by the Engineer, will be paid for in accordance with Article 109.04 of the Standard Specifications. PUBLIC CONVENIENCE AND SAFETY (D-1) Effective: May 1, 2012 Revised: July 15, 2012 Add the following to the end of the fourth paragraph of Article 107.09: "If the holiday is on a Saturday or Sunday, and is legally observed on a Friday or Monday, the length of Holiday Period for Monday or Friday shall apply." Add the following sentence after the Holiday Period table in the fourth paragraph of Article 107.09: "The Length of Holiday Period for Thanksgiving shall be from 5:00 AM the Wednesday prior to 11:59 PM the Sunday After" RECLAIMED ASPHALT PAVEMENT AND RECLAIMED ASPHALT SHINGLES (D-1) Effective: November 1, 2012 Revise: November 1, 2019 Revise Section 1031 of the Standard Specifications to read: "SECTION 1031. RECLAIMED ASPHALT PAVEMENT AND RECLAIMED ASPHALT SHINGLES 1031.01 Description. Reclaimed asphalt pavement and reclaimed asphalt shingles shall be according to the following. (a) Reclaimed Asphalt Pavement (RAP). RAP is the material resulting from cold milling or crushing an existing hot-mix asphalt (HMA) pavement. RAP will be considered processed FRAP after completion of both crushing and screening to size. The Contractor shall supply written documentation that the RAP originated from routes or airfields under federal, state, or local agency jurisdiction. (b) Reclaimed Asphalt Shingles (RAS). Reclaimed asphalt shingles (RAS). RAS is from the processing and grinding of preconsumer or post-consumer shingles. RAS shall be a clean and uniform material with a maximum of 0.5 percent unacceptable material, as defined in Central Bureau of Materials Policy Memorandum, "Reclaimed Asphalt Shingle (RAS) Sources", by weight of RAS. All RAS used shall come from a Central Bureau of Materials approved processing facility where it shall be ground and processed to 100 percent passing the 3/8 in. (9.5 mm)sieve and 90 percent passing the#4(4.75 mm)sieve. RAS shall meet the testing requirements specified herein. In addition, RAS shall meet the following Type 1 or Type 2 requirements. SP-17 Bid Book Page 53 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 (1) Type 1. Type 1 RAS shall be processed, preconsumer asphalt shingles salvaged from the manufacture of residential asphalt roofing shingles. (2) Type 2. Type 2 RAS shall be processed post-consumer shingles only, salvaged from residential, or four unit or less dwellings not subject to the National Emission Standards for Hazardous Air Pollutants (NESHAP). 1031.02 Stockpiles. RAP and RAS stockpiles shall be according to the following. (a) RAP Stockpiles. The Contractor shall construct individual, sealed RAP stockpiles meeting one of the following definitions. Additional processed RAP (FRAP)shall be stockpiled in a separate working pile, as designated in the QC Plan, and only added to the sealed stockpile when test results for the working pile are complete and are found to meet tolerances specified herein for the original sealed FRAP stockpile. Stockpiles shall be sufficiently separated to prevent intermingling at the base. All stockpiles (including unprocessed RAP and FRAP)shall be identified by signs indicating the type as listed below(i.e. "Non-Quality, FRAP 44 or Type 2 RAS", etc...). (1) Fractionated RAP (FRAP). FRAP shall consist of RAP from Class I, HMA(High and Low ESAL) or equivalent mixtures. The coarse aggregate in FRAP shall be crushed aggregate and may represent more than one aggregate type and/or quality, but shall be at least C quality. All FRAP shall be processed prior to testing and sized into fractions with the separation occurring on or between the #4 (4.75 mm) and 1/2 in. (12.5 mm) sieves. Agglomerations shall be minimized such that 100 percent of the RAP in the coarse fraction shall pass the maximum sieve size specified for the mixture composition of the mix design. (2) Restricted FRAP (B quality)stockpiles shall consist of RAP from Class I, HMA(High ESAL), or HMA (High ESAL). If approved by the Engineer, the aggregate from a maximum 3.0 in. (75 mm) single combined pass of surface/binder milling will be classified as B quality. All millings from this application will be processed into FRAP as described previously. (3) Conglomerate. Conglomerate RAP stockpiles shall consist of RAP from Class I, HMA (High and Low ESAL) or equivalent mixtures. The coarse aggregate in this RAP shall be crushed aggregate and may represent more than one aggregate type and/or quality, but shall be at least C quality. This RAP may have an inconsistent gradation and/or asphalt binder content prior to processing. All conglomerate RAP shall be processed (FRAP)prior to testing. Conglomerate RAP stockpiles shall not contain steel slag or other expansive material as determined by the Department. (4) Conglomerate"D" Quality (DQ). Conglomerate DQ RAP stockpiles shall consist of RAP from HMA shoulders, bituminous stabilized subbases or HMA (Low ESAL)/HMA (Low ESAL) IL-19.01- binder mixture. The coarse aggregate in this RAP may be crushed or round but shall be at least D quality. This RAP may have an inconsistent gradation and/or asphalt binder content. Conglomerate DQ RAP stockpiles shall not contain steel slag or other expansive material as determined by the Department. (5) Non-Quality. RAP stockpiles that do not meet the requirements of the stockpile categories listed above shall be classified as "Non-Quality". SP-18 Bid Book Page 54 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 RAP or FRAP containing contaminants, such as earth, brick, sand, concrete, sheet asphalt, bituminous surface treatment(i.e. chip seal), pavement fabric,joint sealants, plant cleanout etc., will be unacceptable unless the contaminants are removed to the satisfaction of the Engineer. Sheet asphalt shall be stockpiled separately. (b) RAS Stockpiles. Type 1 and Type 2 RAS shall be stockpiled separately and shall be sufficiently separated to prevent intermingling at the base. Each stockpile shall be signed indicating what type of RAS is present. However, a RAS source may submit a written request to the Department for approval to blend mechanically a specified ratio of Type 1 RAS with Type 2 RAS. The source will not be permitted to change the ratio of the blend without the Department prior written approval. The Engineer's written approval will be required, to mechanically blend RAS with any fine aggregate produced under the AGCS, up to an equal weight of RAS,to improve workability. The fine aggregate shall be "B Quality" or better from an approved Aggregate Gradation Control System source. The fine aggregate shall be one that is approved for use in the HMA mixture and accounted for in the mix design and during HMA production. Records identifying the shingle processing facility supplying the RAS, RAS type, and lot number shall be maintained by project contract number and kept for a minimum of three years. 1031.03 Testing. FRAP and RAS testing shall be according to the following. (a) FRAP Testing. When used in HMA, the FRAP shall be sampled and tested either during processing or after stockpiling. It shall also be sampled during HMA production. (1) During Stockpiling. For testing during stockpiling, washed extraction samples shall be run at the minimum frequency of one sample per 500 tons (450 metric tons)for the first 2000 tons (1800 metric tons) and one sample per 2000 tons (1800 metric tons) thereafter. A minimum of five tests shall be required for stockpiles less than 4000 tons (3600 metric tons). (2) Incoming Material. For testing as incoming material, washed extraction samples shall be run at a minimum frequency of one sample per 2000 tons (1800 metric tons)or once per week, whichever comes first. (3) After Stockpiling. For testing after stockpiling,the Contractor shall submit a plan for approval to the District proposing a satisfactory method of sampling and testing the RAP/FRAP pile either in-situ or by restockpiling. The sampling plan shall meet the minimum frequency required above and detail the procedure used to obtain representative samples throughout the pile for testing. Before extraction, each field sample of FRAP, shall be split to obtain two samples of test sample size. One of the two test samples from the final split shall be labeled and stored for Department use. The Contractor shall extract the other test sample according to Department procedure. The Engineer reserves the right to test any sample (split or Department-taken) to verify Contractor test results. SP-19 Bid Book Page 55 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 (b) RAS Testing. RAS shall be sampled and tested during stockpiling according to Central Bureau of Materials Policy Memorandum, "Reclaimed Asphalt Shingle(RAS)Sources". The Contractor shall also sample as incoming material at the HMA plant. (1) During Stockpiling. Washed extraction and testing for unacceptable materials shall be run at the minimum frequency of one sample per 200 tons (180 metric tons)for the first 1000 tons (900 metric tons) and one sample per 1000 tons (900 metric tons) thereafter. A minimum of five samples are required for stockpiles less than 1000 tons (900 metric tons). Once a <_ 1000 ton (900 metric ton), five-sample/test stockpile has been established it shall be sealed. Additional incoming RAS shall be in a separate working pile as designated in the Quality Control plan and only added to the sealed stockpile when the test results of the working pile are complete and are found to meet the tolerances specified herein for the original sealed RAS stockpile. (2) Incoming Material. For testing as incoming material at the HMA plant, washed extraction shall be run at the minimum frequency of one sample per 250 tons (227 metric tons). A minimum of five samples are required for stockpiles less than 1000 tons (900 metric tons). The incoming material test results shall meet the tolerances specified herein. The Contractor shall obtain and make available all test results from start of the initial stockpile sampled and tested at the shingle processing facility in accordance with the facility's QC Plan. Before extraction, each field sample shall be split to obtain two samples of test sample size. One of the two test samples from the final split shall be labeled and stored for Department use. The Contractor shall extract the other test sample according to Department procedures. The Engineer reserves the right to test any sample(split or Department-taken) to verify Contractor test results. 1031.04 Evaluation of Tests. Evaluation of test results shall be according to the following. (a) Evaluation of FRAP Test Results. All test results shall be compiled to include asphalt binder content, gradation and, when applicable (for slag), Gr ,,,. A five test average of results from the original pile will be used in the mix designs. Individual extraction test results run thereafter, shall be compared to the average used for the mix design, and will be accepted if within the tolerances listed below. Parameter FRAP No. 4 (4.75 mm) ± 6 % No. 8 (2.36 mm) ± 5 % No. 30 600 m ± 5 % No. 200 (75 µm) ± 2.0 % Asphalt Binder + 0.3 % GMM + 0.0311 SP-20 Bid Book Page 56 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 1/ For stockpile with slag or steel slag present as determined in the current Manual of Test Procedures Appendix B 21, "Determination of Reclaimed Asphalt Pavement Aggregate Bulk Specific Gravity". If any individual sieve and/or asphalt binder content tests are out of the above tolerances when compared to the average used for the mix design, the FRAP stockpile shall not be used in Hot-Mix Asphalt unless the FRAP representing those tests is removed from the stockpile. All test data and acceptance ranges shall be sent to the District for evaluation. The Contractor shall maintain a representative moving average of five tests to be used for Hot-Mix Asphalt production. With the approval of the Engineer, the ignition oven may be substituted for extractions according to the ITP, "Calibration of the Ignition Oven for the Purpose of Characterizing Reclaimed Asphalt Pavement(RAP)"or Illinois Modified AASHTO T-164-11,Test Method A. (b) Evaluation of RAS Test Results. All of the test results, with the exception of percent unacceptable materials, shall be compiled and averaged for asphalt binder content and gradation. A five test average of results from the original pile will be used in the mix designs. Individual test results run thereafter, when compared to the average used for the mix design, will be accepted if within the tolerances listed below. Parameter RAS No. 8 2.36 mm ± 5 % No. 16 1.18 mm ± 5 % No. 30 600 pm ± 4 % No. 200 (75 pm) ± 2.5 % Asphalt Binder Content ± 2.0 % If any individual sieve and/or asphalt binder content tests are out of the above tolerances when compared to the average used for the mix design, the RAS shall not be used in Hot- Mix Asphalt unless the RAS representing those tests is removed from the stockpile. All test data and acceptance ranges shall be sent to the District for evaluation. (c) Quality Assurance by the Engineer. The Engineer may witness the sampling and splitting conduct assurance tests on split samples taken by the Contractor for quality control testing a minimum of once a month. The overall testing frequency will be performed over the entire range of Contractor samples for asphalt binder content and gradation. The Engineer may select any or all split samples for assurance testing. The test results will be made available to the Contractor as soon as they become available. The Engineer will notify the Contractor of observed deficiencies. Differences between the Contractor's and the Engineer's split sample test results will be considered acceptable if within the following limits. SP-21 Bid Book Page 57 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 Test Parameter Acceptable Limits of Precision % Passing:` FRAP RAS 1/2 in. 5.0% No. 4 5.0% No. 8 3.0% 4.0% No. 30 2.0% 4.0% No. 200 2.2% 4.0% Asphalt Binder Content 0.3% 3.0% GMM 0.030 1/ Based on washed extraction. In the event comparisons are outside the above acceptable limits of precision, the Engineer will immediately investigate. (d) Acceptance by the Engineer. Acceptable of the material will be based on the validation of the Contractor's quality control by the assurance process. 1031.05 Quality Designation of Aggregate in RAP and FRAP. (a) RAP. The aggregate quality of the RAP for homogeneous, conglomerate, and conglomerate"D" quality stockpiles shall be set by the lowest quality of coarse aggregate in the RAP stockpile and are designated as follows. (1) RAP from Class I, HMA (High ESAL), or(Low ESAL) IL-9.51- surface mixtures are designated as containing Class B quality coarse aggregate. (2) RAP from HMA(Low ESAL)IL-19.01-binder mixture is designated as Class D quality coarse aggregate. (3) RAP from Class I, HMA (High ESAL) binder mixtures, bituminous base course mixtures, and bituminous base course widening mixtures are designated as containing Class C quality coarse aggregate. (4) RAP from bituminous stabilized subbase and BAM shoulders are designated as containing Class D quality coarse aggregate. (b) FRAP. If the Engineer has documentation of the quality of the FRAP aggregate, the Contractor shall use the assigned quality provided by the Engineer. If the quality is not known, the quality shall be determined as follows. Fractionated RAP stockpiles containing plus #4 (4.75 mm) sieve coarse aggregate shall have a maximum tonnage of 5,000 tons (4,500 metric tons). The Contractor shall obtain a representative sample witnessed by the Engineer. The sample shall be a minimum of 50 Ib (25 kg). The sample shall be extracted according to Illinois Modified AASHTO T 164 by a consultant laboratory prequalified by the Department for the specified testing. The consultant laboratory shall submit the test results along with the recovered aggregate to the District SP-22 Bid Book Page 58 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 Office. The cost for this testing shall be paid by the Contractor. The District will forward the sample to the Central Bureau of Materials Aggregate Lab for MicroDeval Testing, according to ITP 327. A maximum loss of 15.0 percent will be applied for all HMA applications. The fine aggregate portion of the fractionated RAP shall not be used in any HMA mixtures that require a minimum of"B"quality aggregate or better, until the coarse aggregate fraction has been determined to be acceptable thru a MicroDeval Testing. 1031.06 Use of FRAP and/or RAS in HMA. The use of FRAP and/or RAS shall be the Contractor's option when constructing HMA in all contracts. (a) FRAP. The use of FRAP in HMA shall be as follows. (1) Coarse Aggregate Size (after extraction). The coarse aggregate in all FRAP shall be equal to or less than the nominal maximum size requirement for the HMA mixture to be produced. (2) Steel Slag Stockpiles. FRAP stockpiles containing steel slag or other expansive material, as determined by the Department, shall be homogeneous and will be approved for use in HMA (High ESAL and Low ESAL) mixtures regardless of lift or mix type. (3) Use in HMA Surface Mixtures (High and Low ESAL). FRAP stockpiles for use in HMA surface mixtures (High and Low ESAL)shall have coarse aggregate that is Class B quality or better. FRAP shall be considered equivalent to limestone for frictional considerations unless produced/screened to minus 3/8 inch. (4) Use in HMA Binder Mixtures (High and Low ESAL), HMA Base Course, and HMA Base Course Widening. FRAP stockpiles for use in HMA binder mixtures (High and Low ESAL), HMA base course, and HMA base course widening shall be FRAP in which the coarse aggregate is Class C quality or better. (5) Use in Shoulders and Subbase. FRAP stockpiles for use in HMA shoulders and stabilized subbase (HMA) shall be FRAP, Restricted FRAP, conglomerate, or conglomerate DQ. (b) RAS. RAS meeting Type 1 or Type 2 requirements will be permitted in all HMA applications as specified herein. (c) FRAP and/or RAS Usage Limits. Type 1 or Type 2 RAS may be used alone or in conjunction with FRAP in HMA mixtures up to a maximum of 5.0 percent by weight of the total mix. When FRAP is used alone or FRAP is used in conjunction with RAS, the percent of virgin asphalt binder replacement(ABR)shall not exceed the amounts listed below for a given N Design. Maximum Asphalt Binder Replacement (ABR) for FRAP with RAS Combination SP-23 Bid Book Page 59 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 HMA Mixtures Maximum % ABR 1/2/4/ Ndesign Binder'/ Surface 5/ Polymer Modified s/ 30L 50 40 30 50 40 35 30 70 40 30 30 90 40 30 30 SMA 30 I L-4.75 40 1/ For Low ESAL HMA shoulder and stabilized subbase, the percent asphalt binder replacement shall not exceed 50 % of the total asphalt binder in the mixture. 2/When the binder replacement exceeds 15 % for all mixes, except for SMA and IL-4.75, the high and low virgin asphalt binder grades shall each be reduced by one grade (i.e. 25 % binder replacement using a virgin asphalt binder grade of PG64-22 will be reduced to a PG58-28). When constructing full depth HMA and the ABR is less than 15 %, the required virgin asphalt binder grade shall be PG64-28. 3/When the ABR for SMA or IL-4.75 is 15 % or less, the required virgin asphalt binder shall be SBS PG76-22 and the elastic recovery shall be a minimum of 80. When the ABR for SMA or IL-4.75 exceeds 15%, the virgin asphalt binder grade shall be SBS PG70-28 and the elastic recovery shall be a minimum of 80. 4/When FRAP or RAS is used alone, the maximum percent asphalt binder replacement designated on the table shall be reduced by 10 %. 5/When the mix has Illinois Flexibility Index Test (I-FIT) requirements, the maximum percent asphalt binder replacement designated on the table may be increased by 5%. 1031.07 HMA Mix Designs. At the Contractor's option, HMA mixtures may be constructed utilizing FRAP and/or RAS material meeting the detailed requirements specified herein. (a) FRAP and/or RAS. FRAP and /or RAS mix designs shall be submitted for verification. If additional FRAP or RAS stockpiles are tested and found to be within tolerance, as defined under"Evaluation of Tests" herein, and meet all requirements herein, the additional FRAP or RAS stockpiles may be used in the original design at the percent previously verified. (b) RAS. Type 1 and Type 2 RAS are not interchangeable in a mix design. The RAP, FRAP and RAS stone specific gravities (Gsb)shall be according to the"Determination of Aggregate Bulk(Dry)Specific Gravity(Gsb)of Reclaimed Asphalt Pavement(RAP)and Reclaimed Asphalt Shingles (RAS)" procedure in the Department's Manual of Test Procedures for Materials. SP-24 Bid Book Page 60 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 1031.08 HMA Production. HMA production utilizing FRAP and/or RAS shall be as follows. A scalping screen, gator, crushing unit, or comparable sizing device approved by the Engineer shall be used in the RAS and FRAP feed system to remove or reduce oversized and agglomerated material. If during mix production, corrective actions fail to maintain FRAP, RAS or QC/QA test results within control tolerances or the requirements listed herein, the Contractor shall cease production of the mixture containing FRAP or RAS and conduct an investigation that may require a new mix design. (a) FRAP. The coarse aggregate in all FRAP used shall be equal to or less than the nominal maximum size requirement for the HMA mixture being produced. (b) RAS. RAS shall be incorporated into the HMA mixture either by a separate weight depletion system or by using the RAP weigh belt. Either feed system shall be interlocked with the aggregate feed or weigh system to maintain correct proportions for all rates of production and batch sizes. The portion of RAS shall be controlled accurately to within ± 0.5 percent of the amount of RAS utilized. When using the weight depletion system, flow indicators or sensing devices shall be provided and interlocked with the plant controls such that the mixture production is halted when RAS flow is interrupted. (c) HMA Plant Requirements. HMA plants utilizing FRAP and/or RAS shall be capable of automatically recording and printing the following information. (1) Dryer Drum Plants. a. Date, month, year, and time to the nearest minute for each print. b. HMA mix number assigned by the Department. c. Accumulated weight of dry aggregate (combined or individual) in tons (metric tons) to the nearest 0.1 ton (0.1 metric ton). d. Accumulated dry weight of RAS and FRAP in tons (metric tons) to the nearest 0.1 ton (0.1 metric ton). e. Accumulated mineral filler in revolutions, tons (metric tons), etc. to the nearest 0.1 unit. f. Accumulated asphalt binder in gallons(liters), tons (metric tons), etc. to the nearest 0.1 unit. g. Residual asphalt binder in the RAS and FRAP material as a percent of the total mix to the nearest 0.1 percent. h. Aggregate RAS and FRAP moisture compensators in percent as set on the control panel. (Required when accumulated or individual aggregate and RAS and FRAP are printed in wet condition.) SP-25 Bid Book Page 61 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 i. When producing mixtures with FRAP and/or RAS, a positive dust control system shall be utilized. j. Accumulated mixture tonnage. k. Dust Removed (accumulated to the nearest 0.1 ton (0.1 metric ton)) (2) Batch Plants. a. Date, month, year, and time to the nearest minute for each print. b. HMA mix number assigned by the Department. c. Individual virgin aggregate hot bin batch weights to the nearest pound (kilogram). d. Mineral filler weight to the nearest pound (kilogram). e. RAS and FRAP weight to the nearest pound (kilogram). f. Virgin asphalt binder weight to the nearest pound (kilogram). g. Residual asphalt binder in the RAS and FRAP material as a percent of the total mix to the nearest 0.1 percent. The printouts shall be maintained in a file at the plant for a minimum of one year or as directed by the Engineer and shall be made available upon request. The printing system will be inspected by the Engineer prior to production and verified at the beginning of each construction season thereafter. 1031.09 RAP in Aggregate Surface Course and Aggregate Wedge Shoulders, Type B. The use of RAP in aggregate surface course and aggregate shoulders shall be as follows. (a) Stockpiles and Testing. RAP stockpiles may be any of those listed in Article 1031.02, except "Non-Quality" and "FRAP". The testing requirements of Article 1031.03 shall not apply. RAP used shall be according to the current Central Bureau of Materials Policy Memorandum, "Reclaimed Asphalt Pavement (RAP) for Aggregate Applications". (b) Gradation. The RAP material shall meet the gradation requirements for CA 6 according to Article 1004.01(c), except the requirements for the minus No. 200 (75 pm) sieve shall not apply. The sample for the RAP material shall be air dried to constant weight prior to being tested for gradation." HOT-MIX ASPHALT BINDER AND SURFACE COURSE (D-1) Effective: November 1, 2019 Description. This work shall consist of constructing a hot-mix asphalt(HMA) binder and/or surface SP-26 Bid Book Page 62 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 course on a prepared base. Work shall be according to Sections 406 and 1030 of the Standard Specifications, except as modified herein. Materials. Revise Article 1004.03(c) to read: " c Gradation. The coarse aggregate radations shall be as listed in the following table. Use Size/Application Gradation No. Class A-1, A-2, & A-3 3/8 in. (10 mm) Seal CA 16 or CA 20 Class A-1 1/2 in. (13 mm) Seal CA 15 Class A-2 &A-3 Cover Coat CA 14 IL-19.0; CA 11 1� tabilized Subbase IL-19.0 HMA High ESAL SMA 12.5 2i CA 134, CA 14, or CA 16 g SMA 9.5 21 CA 133/41 or CA 1631 I L-9.5 ICA 16 IL-9.5FG CA 16 IL-1 9.0 CA 11 1i HMA Low ESAL IL-9-51- CA 16 5/ CA 16 or CA 13 may be blended with the CA 11. 6/ The coarse aggregates used shall be capable of being combined with stone sand, slag sand, or steel slag sand meeting the FA/FM 20 gradation and mineral filler to meet the approved mix design and the mix requirements noted herein. 7/ The specified coarse aggregate gradations may be blended. 8/ CA 13 shall be 100 percent passing the 1/2 in. (12.5mm) sieve." Revise Article 1004.03(e) of the Supplemental Specifications to read: "(e)Absorption. For SMA the coarse aggregate shall also have water absorption <_ 2.0 percent." HMA Nomenclature. Revise the "High ESAL" portion of the table in Article 1030.01 to read: IL-19.0, IL-9.5, IL-9.5FG, Binder Courses IL-4.75, SMA 12.5, "High ESAL Stabilized Subbase IL-19.0 Surface Courses IL-9.5, IL-9.5FG, SMA 12.5, SMA 9.5" Revise Article 1030.02 of the Standard Specifications and Supplemental Specifications to read: 1030.02 Materials. Materials shall be according to the following. Item Article/Section (a) Coarse Aggregate ............................................ 1004.03 (b) Fine Aggregate ................................................. 1003.03 SP-27 Bid Book Page 63 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 (c) RAP Material ......................................................... 1031 (d) Mineral Filler .......................................................... 1011 (e) Hydrated Lime ..................................................1012.01 (f) Slaked Quicklime (Note 1) (g) Performance Graded Asphalt Binder (Note 2) ...... 1032 (h) Fibers (Note 3) (i) Warm Mix Asphalt (WMA) Technologies (Note 4) Note 5. Slaked quicklime shall be according to ASTM C 5. Note 6. The asphalt binder shall be an SBS PG 76-28 when the SMA is used on a full-depth asphalt pavement and SBS PG 76-22 when used as an overlay, except where modified herein.The asphalt binder shall be an Elvaloy or SBS PG 76-22 for IL-4.75, except where modified herein. The elastic recovery shall be a minimum of 80. Note 7. A stabilizing additive such as cellulose or mineral fiber shall be added to the SMA mixture according to Illinois Modified AASHTO M 325. The stabilizing additive shall meet the Fiber Quality Requirements listed in Illinois Modified AASHTO M 325. Prior to approval and use of fibers,the Contractor shall submit a notarized certification by the producer of these materials stating they meet these requirements. Reclaimed Asphalt Shingles (RAS) may be used in Stone Matrix Asphalt(SMA)mixtures designed with an SBA polymer modifier as a fiber additive if the mix design with RAS included meets AASHTO T305 requirements. The RAS shall be from a certified source that produces either Type I or Type 2. Material shall meet requirements noted herein and the actual dosage rate will be determined by the Engineer. Note 8. Warm mix additives or foaming processes shall be selected from the Department's Qualified Producer List, "Technologies for the Production of Warm Mix Asphalt (WMA)"." Mixture Design. Revise Article 1030.04(a)(1)of the Standard Specifications and the Supplemental Specifications to read: SP-28 Bid Book Page 64 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 High ESAL, MIXTURE COMPOSITION (% PASSING) 1� Sieve IL-19.0 mm SMA 12.5 SMA 9.5 IL-9.5mm IL-4.75 mm Size min max min max min max min max min max 1 1/2 in (37.5 mm) 1 in. (25 mm) 100 3/4 in. (19 mm) 90 100 100 1/2 in. (12.5 mm) 75 89 80 100 100 100 100 3/8 in. (9.5 mm) 5 90 100 90 100 100 4 (4.75 mm) 40 60 20 30 36 50 34 69 90 100 8 (2.36 mm) 20 42 16 24 41 16 3241 345/ 52 21 70 90 16 (1.18 mm) 15 30 10 32 50 65 30 (600 µm) 12 16 12 18 50 (300 µm) 6 15 15 15 30 100 (150 µm) 4 9 3 10 10 18 200 (75 µm) 3 6 7.0 .03/ 7.5 9.5 314 6 7 9 3/ 635 (20 µm) < 3.0 53.0 Ratio Dust/Asphalt Binder 1.0 1.5 1.5 1.0 1.0 6/ Based on percent of total aggregate weight. 7/ The mixture composition shall not exceed 44 percent passing the #8 (2.36 mm) sieve for surface courses with Ndesign = 90. 8/ Additional minus No. 200 (0.075 mm) material required by the mix design shall be mineral filler, unless otherwise approved by the Engineer. 9/ When establishing the Adjusted Job Mix Formula(AJMF)the percent passing the#8 (2.36 mm) sieve shall not be adjusted above the percentage stated on the table. 10/When establishing the Adjusted Job Mix Formula(AJMF)the percent passing the#8 (2.36 mm) sieve shall not be adjusted below 34 percent. Revise Article 1030.04(b)(1) of the Standard Specifications to read: "(1) High ESAL Mixtures. The target value for the air voids of the HMA shall be 4.0 percent, for IL-4.75 it shall be 3.5 percent and for Stabilized Subbase it shall be 3.0 percent at the design number of gyrations. The voids in the mineral aggregate SP-29 Bid Book Page 65 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 (VMA) and voids filled with asphalt binder (VFA) of the HMA design shall be based on the nominal maximum size of the aggregate in the mix and shall conform to the following requirements. VOLUMETRIC REQUIREMENTS High ESAL Voids in the Mineral Aggregate Voids Filled (VMA), with Asphalt % minimum Binder(VFA), Ndesign % IL-19.0; IL-4.751 Stabilized Subbase IL-9.5 IL- 19.0 50 18.5 65- 78 21 70 13.5 15.0 65 - 75 90 3/ Maximum draindown for IL-4.75 shall be 0.3 percent. 4/ VFA for IL-4.75 shall be 72-85 percent." Revise the table in Article 1030.04(b)(3) to read: "VOLUMETRIC REQUIREMENTS, SMA 12.5 11 and SMA 9.5 1i Design Air Voids Voids in the Mineral Voids Filled Ndesign Target % Aggregate with Asphalt (VMA), % min. (VFA), /o 804/ 3.5 17.0 2/ 75 - 83 16.0 3/ 5/ Maximum draindown shall be 0.3 percent. The draindown shall be determined at the JMF asphalt binder content at the mixing temperature plus 30 OF. 6/ Applies when specific gravity of coarse aggregate is >_ 2.760. 7/ Applies when specific gravity of coarse aggregate is < 2.760. 8/ Blending of different types of aggregate will not be permitted. For surface course, the coarse aggregate can be crushed steel slag, crystalline crushed stone or crushed sandstone. For binder course, coarse aggregate shall be crushed stone (dolomite), crushed gravel, crystalline crushed stone, or crushed sandstone. Add to the end of Article 1030.05 (d) (2) a. of the Standard Specifications: SP-30 Bid Book Page 66 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 "During production, the Contractor shall test SMA mixtures for draindown according to AASHTO T305 at a frequency of 1 per day of production." Revise the last paragraph of Article 1102.01 (a) (5) of the Standard Specifications to read: "IL-4.75 and Stone Matrix Asphalt (SMA) mixtures which contain aggregate having absorptions greater than or equal to 2.0 percent, or which contain steal slag sand, shall have minimum surge bin storage plus haul time of 1.5 hours." Quality Control/Quality Assurance (QC/QA). Revise the third paragraph of Article 1030.05(d)(3)to read: "If the Contractor and Engineer agree the nuclear density test method is not appropriate for the mixture, cores shall be taken at random locations determined according to the QC/QA document "Determination of Random Density Test Site Locations". Core densities shall be determined using the Illinois Modified AASHTO T 166 or T 275 procedure." Add the following paragraphs to the end of Article 1030.05(d)(3): " Longitudinal joint density testing shall be performed at each random density test location. Longitudinal joint testing shall be located at a distance equal to the lift thickness or a minimum of 4 in. (100 mm), from each pavement edge (i.e. for a 5 in. (125 mm) lift the near edge of the density gauge or core barrel shall be within 5 in. (125 mm) from the edge of pavement). Longitudinal joint density testing shall be performed using either a correlated nuclear gauge or cores. a. Confined Edge. Each confined edge density shall be represented by a one-minute nuclear density reading or a core density and shall be included in the average of density readings or core densities taken across the mat which represents the Individual Test. b. Unconfined Edge. Each unconfined edge joint density shall be represented by an average of three one-minute density readings or a single core density at the given density test location and shall meet the density requirements specified herein. The three one-minute readings shall be spaced 10 ft(3 m)apart longitudinally along the unconfined pavement edge and centered at the random density test location. When a longitudinal joint sealant (LJS) is applied, longitudinal joint density testing will not be required on the joint(s) sealed." Revise the second table in Article 1030.05(d)(4) and its notes to read: SP-31 Bid Book Page 67 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 "DENSITY CONTROL LIMITS Mixture Individual Test Unconfined Edge Composition Parameter (includes confined Joint Density, edges) minimum IL-4.75 Ndesign = 50 93.0 —97.4 % 11 91.0% IL-9.5FG Ndesign = 50 - 90 93.0 -97.4 % 91.0% IL-9.5 Ndesign = 90 92.0 -96.0 % 90.0% IL-9.5, IL-9.5L, Ndesign < 90 92.5 -97.4 % 90.0% IL-19.0 Ndesign = 90 93.0 -96.0 % 90.0% IL-19.0, IL-19.01- Ndesign < 90 93.0 21—97.4 % 90.0% SMA Ndesign = 80 93.5 -97.4 % 91.0% 1/ Density shall be determined by cores or by correlated, approved thin lift nuclear gauge. 2/ 92.0 % when placed as first lift on an unimproved subgrade." Equipment. Add the following to Article 1101.01 of the Standard Specifications: "(h)Oscillatory Roller. The oscillatory roller shall be self-propelled and provide a smooth operation when starting, stopping, or reversing directions. The oscillatory roller shall be able to operate in a mode that will provide tangential impact force with or without vertical impact force by using at least one drum. The oscillatory roller shall be equipped with water tanks and sprinkling devices, or other approved methods, which shall be used to wet the drums to prevent material pickup. The drum(s) amplitude and frequency of the tangential and vertical impact force shall be approximately the same in each direction and meet the following requirements: (1)................................. The minimum diameter of the drum(s) shall be 42 in. (1070 mm); (2)..................................... The minimum length of the drum(s) shall be 57 in. (1480 mm); (3).............The minimum unit static force on the drum(s) shall be 125 Ib/in. (22 N/m); and (4)........................The minimum force on the oscillatory drum shall be 18,000 Ib (80 kN)." Construction Requirements. Add the following to Article 406.03 of the Standard Specifications: "Q)Oscillatory Roller ..............................................................................................................................1101.01„ Revise the third paragraph of Article 406.05(a) to read: SP-32 Bid Book Page 68 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 "All depressions of 1 in. (25 mm) or more in the surface of the existing pavement shall be filled with binder. At locations where heavy disintegration and deep spalling exists, the area shall be cleaned of all loose and unsound material, tacked, and filled with binder (hand method)." Revise Article 406.05(c) to read. "(c) Binder(Hand Method). Binder placed other than with a finishing machine will be designated as binder (hand method) and shall be compacted with a roller to the satisfaction of the Engineer. Hand tamping will be permitted when approved by the Engineer." Revise the special conditions for mixture IL-4.75 in Article 406.06(b)(2)e. to read: "e. The mixture shall be overlaid within 5 days of being placed." Revise Article 406.06(d) to read: "(d) Lift Thickness. The minimum compacted lift thickness for HMA binder and surface courses shall be as follows. MINIMUM COMPACTED LIFT THICKNESS Mixture Composition Thickness, in. (mm) IL-4.75 3/4 (19) - over HMA surfaces 11 1 (25) - over PCC surfaces 11 IL-9.5FG 1 1/4 (32) IL-9.5, IL-9.51- 1 1/2 (38) SMA 9.5 1 3/4 (45) SMA 12.5 2 (51) IL-19.0, IL-19.01- 21/4 (57) 1/ The maximum compacted lift thickness for mixture IL-4.75 shall be 1 1/4 in. (32 mm)." Revise Table 1 and Note 3/of Table 1 in Article 406.07(a) of the Standard Specifications to read: "TABLE 1 - MINIMUM ROLLER REQUIREMENTS FOR HMA Breakdown Roller Intermediate Final Roller Density (one of the Roller (one or more of Requirement following) the following) Binder and Surface 11 Vo, P 3/, TB, 3W, P 3/, OT, OB Vs, TB, TF,OT As specified in OT, OB Articles: 1030.05(d)(3), and (d)(7). IL-4.75 and SMA 415/ TB, 3W, OT - - TF, 3W, OT Bridge Decks 2/ TB _ _ TF As specified in Articles 582.05 and 582.06. SP-33 Bid Book Page 69 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 3/ A vibratory roller (VD) or oscillatory roller (OT or OB) may be used in lieu of the pneumatic- tired roller on mixtures containing polymer modified asphalt binder." Add the following to EQUIPMENT DEFINITION in Article 406.07(a) contained in the Errata of the Supplemental Specifications: "OT- Oscillatory roller,tangential impact mode. Maximum speed is 3.0 mph (4.8 km/h)or 264 ft/min (80 m/min). OB - Oscillatory roller, tangential and vertical impact mode, operated at a speed to produce not less than 10 vertical impacts/ft (30 impacts/m)." Delete last sentence of the second paragraph of Article 1102.01(a) (4) b. 2. Add to the end of Article 1102.01 (a) (4) b. 2.: "As an option, collected dust(baghouse)may be used in lieu of manufactured mineral filler according to the following: (c.) Sufficient collected dust(baghouse)is available for production of the SMA mix for the entire project. (d.) A mix design was prepared based on collected dust (baghouse). Revise Article 1030.04 (d) of the Standard Specifications to read: "(d) Verification Testing. High ESAL, IL-4.75, and SMA mix designs submitted for verification will be tested to ensure that the resulting mix designs will pass the required criteria for the Hamburg Wheel Test(IL mod AASHTO T-324)and the Tensile Strength Test (IL mod AASHTO T-283). The Department will perform a verification test on gyratory specimens compacted by the Contractor. If the mix fails the Department's verification test, the Contractor shall make the necessary changes to the mix and resubmit compacted specimens to the Department for verification. If the mix fails again, the mix design will be rejected. All new mix designs will be required to be tested, prior to submittal for Department verification and shall meet the following requirements: (2)Hamburg Wheel Test criteria. The maximum allowable rut depth shall be 0.5 in. (12.5 mm). The minimum number of wheel passes at the 0.5 in. (12.5 mm)rut depth criteria shall be based on the high temperature binder grade of the mix as specified in the mix requirements table of the plans. SP-34 Bid Book Page 70 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 Illinois Modified AASHTO T 324 Requirements 1i Asphalt Binder Grade # Repetitions Max Rut Depth (mm) PG 70 -XX (or higher) 20,000 12.5 PG 64 -XX (or lower) 10,000 12.5 2/ When produced at temperatures of 275 ± 5 OF (135 ± 3 °C) or less, loose Warm Mix Asphalt shall be oven aged at 270 ± 5 OF (132 ± 3 °C) for two hours prior to gyratory compaction of Hamburg Wheel specimens. Note: For SMA Designs (N-80) the maximum rut depth is 6.0 mm at 20,000 repetitions. For IL 4.75mm Designs (N-50) the maximum rut depth is 9.Omm at 15,000 repetitions. (2) Tensile Strength Criteria. The minimum allowable conditioned tensile strength shall be 60 psi (415 kPa) for non-polymer modified performance graded (PG) asphalt binder and 80 psi (550 kPa)for polymer modified PG asphalt binder. The maximum allowable unconditioned tensile strength shall be 200 psi (1380 kPa)." Production Testing. Revise first paragraph of Article 1030.06(a) of the Standard Specifications to read: "(a) High ESAL, IL-4.75, WMA, and SMA Mixtures. For each contract, a 300 ton (275 metric tons)test strip, except for SMA mixtures it will be 400 ton (363 metric ton), will be required at the beginning of HMA production for each mixture at the beginning of each construction year according to the Manual of Test Procedures for Materials "Hot Mix Asphalt Test Strip Procedures". At the request of the Producer, the Engineer may waive the test strip if previous construction during the current construction year has demonstrated the constructability of the mix using Department test results." Add the following after the sixth paragraph in Article 1030.06 (a) of the Standard Specifications: "The Hamburg Wheel test shall also be conducted on all HMA mixtures from a sample taken within the first 500 tons (450 metric tons)on the first day of production or during start up with a split reserved for the Department. The mix sample shall be tested according to the Illinois Modified AASHTO T 324 and shall meet the requirements specified herein. Mix production shall not exceed 1500 tons (1350 metric tons)or one day's production, whichever comes first, until the testing is completed and the mixture is found to be in conformance. The requirement to cease mix production may be waived if the plant produced mixture demonstrates conformance prior to start of mix production for a contract. If the mixture fails to meet the Hamburg Wheel criteria, no further mixture will be accepted until the Contractor takes such action as is necessary to furnish a mixture meeting the criteria" Method of Measurement: Add the following after the fourth paragraph of Article 406.13 (b): SP-35 Bid Book Page 71 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 "The plan quantities of SMA mixtures shall be adjusted using the actual approved binder and surface Mix Design's Gmb•" Basis of Payment. Replace the second through the fifth paragraphs of Article 406.14 with the following: "HMA binder and surface courses will be paid for at the contract unit price per ton (metric ton)for MIXTURE FOR CRACKS, JOINTS,AND FLANGEWAYS; HOT-MIX ASPHALT BINDER COURSE (HAND METHOD), of the Ndesign specified; HOT-MIX ASPHALT BINDER COURSE,of the mixture composition and Ndesign specified; HOT-MIX ASPHALT SURFACE COURSE, of the mixture composition, friction aggregate, and Ndesign specified; POLYMERIZED HOT-MIX ASPHALT BINDER COURSE (HAND METHOD), of the Ndesign specified; POLYMERIZED HOT-MIX ASPHALT BINDER COURSE, of the mixture composition and Ndesign specified; POLYMERIZED HOT-MIX ASPHALT SURFACE COURSE, of the mixture composition, friction aggregate, and Ndesign specified; POLYMERIZED HOT-MIX ASPHALT BINDER COURSE, STONE MATRIX ASPHALT, of the mixture composition and Ndesign specified; POLYMERIZED HOT-MIX ASPHALT SURFACE COURSE, STONE MATRIX ASPHALT, of the mixture composition, friction aggregate, and Ndesign specified." PRESSURE TESTING OF WATER MAINS Description.After the pipe has been laid and partially backfilled as specified herein, all newly-laid pipe valved sections and fire hydrants, unless otherwise expressly specified, be subjected to a hydrostatic pressure of 150 psi at the lowest elevation of the pipe section. The ENGINEER shall be given 24 hours notice prior to the beginning of testing. The duration of each pressure test shall be not less than four hours. Water main testing shall be in accordance with the applicable portions of AWWA Standards C600 and C603, or as otherwise modified herein. The water main shall be tested in segments (i.e., not the entire project length at once)to minimize water service disruption. Length of test segments to be determined by the ENGINEER. Procedure for Test.The CONTRACTOR shall notify the VILLAGE at least twenty-four hours prior to the pressure test. Valves will be turned on only under the supervision of the VILLAGE, and the VILLAGE will witness all pressure testing. Each section of pipe to be tested, as determined by the ENGINEER, shall be slowly filled with water and the specified test pressure shall be applied by means of a pump connected to the pipe in a satisfactory manner.The pump pipe connection and all necessary apparatus, including gauges and meters, shall be furnished by the CONTRACTOR. Before applying the specified test pressure,all air shall be expelled from the pipe. To accomplish this, taps shall be made, if necessary, at points of highest elevations and afterwards tightly plugged.Any cracked or defective pipes,fittings,valves, or hydrants discovered in consequence of this pressure test shall be removed and replaced by the CONTRACTOR with sound material, and test shall be repeated until satisfactory to the ENGINEER and the VILLAGE. The provisions of AWWA C600 and C603, where applicable, shall apply. The pressure testing shall be accomplished with fire hydrant auxiliary valves open. SP-36 Bid Book Page 72 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 Leakage Test. After completion of the pressure test, a leakage test shall be conducted to determine the quantity of water lost by leakage under the specified test pressure. 1. Test pressure is defined as the maximum operating pressure of the section under test, and is based on the elevation of the lowest point in the line or section under test corrected to the elevation of the test gauge. Applicable provisions of AWWA C600 and C603 shall apply. The minimum duration of each leakage test shall be one (1) hour in addition to the pressure test period. 2. Allowable leakage in gallons per hour for cast iron water main shall not be greater than that determined by the following formula: L = NDS 7400 Note: L = Allowable leakage in gallons per hour N = Number of joints in length of pipeline tested. D = Nominal diameter of the pipe in inches. P = Average test pressure during leakage test in pounds per square inch gauge. 3. Leakage is defined as the quantity of water to be supplied in the newly laid pipe or any valved section under test, which is necessary to maintain the specified leakage test pressure after the pipe has been filled with water and the air expelled. Immediately after a passed test the pressure shall be drained through a fire hydrant until it is below the potable system pressure. Method of Measurement and Basis of Payment.This work will not be measured separately and shall be included in the bid price for the water main adjustment. DISINFECTION OF WATER MAINS Description. Disinfection of water mains shall be completed in accordance with Section 41-2.14 of the WATER AND SEWER SPECIFICATIONS except as modified in this Special Provision. The OWNER shall be notified at least twenty-four hours before the disinfection procedure. Representatives of the Public Works Department must be present during the procedure. Flushing. Sections of pipe to be disinfected shall first be flushed to remove any solids or contaminated material that may have become lodged in the pipe. If no hydrant is installed at the end of the main, then a tap should be provided large enough to develop a velocity of at least two and five-tenths(2.5)feet per second in the main. One two and one-half(2 1/2)inch hydrant opening will, under normal pressures, provide this velocity in pipe sized up to and including twelve (12) inches. All taps required for chlorination or flushing purposes, or for temporary or permanent release of air, shall be provided for by the CONTRACTOR as part of the construction of water mains. Requirement of Chlorine. A free chlorine residual of at least 50 ppm and no more than 400 ppm SP-37 Bid Book Page 73 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 must be reached throughout the entire length and branch lines of the water main. After the super- chlorinated water has sat in the main for twenty-four hours, a chlorine residual test shall be taken to insure the residual has not dropped by over one-half. Form of Applied Chlorine. Chlorine shall be applied by the method which follows, subject to the review of the ENGINEER. Chlorination shall be made by the use of chlorine gas only.The dry gas shall be fed directly through proper devices for regulating the rate of flow and providing effective diffusion of the gas into the water within the pipe being treated. Chlorinating devices for feeding the chlorine gas must provide means for preventing the backflow of water into the chlorine. The chlorine gas shall be injected into the main at intervals of no more than 1,000 feet. Point of Application. The preferred point of application of the chlorine gas is at the beginning of the pipe line extension or any valved section of it, and through a corporation stop inserted in the pipe. The water injector for delivering the chlorine-bearing water into the pipe should be supplied from a tap made on the pressure side of the gate valve controlling the flow into the pipe line extension. Alternate points of application may be used subject to the review of the ENGINEER. Preventing Reverse Flow. Valves shall be manipulated so that the strong chlorine solution in the line being treated will not flow back into the line supplying the water. Check valves may be used if desired. Retention Period.Treated water shall be retained in the pipe at least twenty-four(24)hours.After this period, the chlorine residual at pipe extremities and at other representative points shall be at least twenty-five (25) mg/I. Chlorinating Valves and Hydrants. In the process of chlorinating newly laid pipe, all valves or other appurtenances shall be operated while the pipe line is filled with the chlorinating agent and under normal operating pressure. Final Flushing and Testing. Following chlorination, all treated water shall be thoroughly flushed from the newly laid pipe at its extremity until the replacement water throughout its entire length shows, upon test, a chlorine residual of less than one (1) mg/I. In the event chlorine is normally used in the source of supply, then the test shall show a residual of not in excess of that carried in the system. Chlorinated water to be flushed into the combined sewer, not the storm sewer. CONTRACTOR to notify the VILLAGE prior to discharging chlorinated water to the combined sewer. At this time a water sample will be taken by the CONTRACTOR or his representative and sent to a state-certified water lab of his choice. Also at this time the OWNER will witness the sampling. The CONTRACTOR shall take two(2)samples, 24 hours apart with satisfactory results or the procedure shall be repeated. Repetition of Flushing and Testing. Should the initial treatment result in an unsatisfactory bacterial test, the original chlorination procedure shall be repeated by the CONTRACTOR until satisfactory results are obtained.After water main passes chlorination testing,the corporation stop SP-38 Bid Book Page 74 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 used to chlorinate the main shall be shut off and any piping removed. Method of Measurement and Basis of Payment.This work will not be measured separately and shall be included in the bid price for the water main adjustment. BYPASS PUMPING Description.This work shall consist of providing labor,tools, equipment and materials necessary to design, install, maintain, relocate, and remove a temporary bypass pumping system in accordance with Section 280 and Section 502 of the Standard Specifications, the details shown in the plans, this special provision, project permits, and the manufactures recommendations. The bypass pumping will divert the majority of storm water/creek flow through the project site in a manner that controls sediment and erosion and allows for establishment of planting materials in the newly constructed channel. The bypass pumping system will bypass at least the 2yr-24 hr event, via gravity/pumping, and will not cause upstream backup. Materials: The Contractor shall use a system of non-erodible materials to bulk-head the creek at the bridge structures. Shop Drawings. Prior to scheduling any work within the water, the Contractor shall receive Engineer's review on the following Contractor submitted items. 1. Sketch showing components of bypass pumping system and appurtenances. 2. Design calculations showing the proposed design, method of construction, removal, pump capacities/operations and other details left open to choice or not fully detailed on the plans. The design and method of construction shall provide, within the measurement limits specified in Article 502.12, necessary clearance from proposed and temporary elements. Responsibility.The review does not relieve the Contractor from compliance with the requirements of the drawings, specifications or this special provision.The review of the bypass pumping submittal shall in no way be construed as creating any obligation on the part of the reviewing parties. Construction Requirements. Bypass pumping systems shall be installed per the manufacturer's recommendations based on shop drawings as approved by the Engineer. Dewatering shall be as specified elsewhere. Method of Measurement and Basis of Payment. This work will not be measured or paid for separately, but shall be included in the cost of DEWATERING. DUST CONTROL The Contractor shall take appropriate measures to control dust at all times along the entire project by means such as mechanical sweeper, water truck, or as directed by the Engineer. All concrete sawcutting shall utilize a "wet cutting method" and shall be thoroughly cleaned at the end of each working day. This work shall be included in the cost of the contract. SP-39 Bid Book Page 75 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 CCDD INFORMATION An environmental assessment of the project areas has been performed and it was found that there is no reason to believe that these projects sites contain contaminated soils. Uncontaminated Soil Certification Forms LPC-663 has been provided at the end of these bid documents. The full environmental data report can be provided upon request. The Contractor shall only be responsible for the disposal of clean construction debris. The Contractor shall prepare all bid pricing based on the assumption that all excavations and associated debris will comply with the clean construction debris disposal requirements and that the debris can and will be disposed of at any clean debris landfill. The Village or its CCDD consultant will prepare all Source Site Certification by Owner or Operator forms (or LPC-662 manifests)for each location and for each date of excavation during this project. These forms will be provided to the contractor by the engineering project representative or(EPR). The Contractor shall acquire one manifest for each load as outlined in the state regulations and shall be responsible for only the costs of disposal of clean construction debris. SUSPECT DEBRIS The Contractor shall only be responsible for the disposal of any and all clean construction debris. If the Contractor, for whatever reason, suspects that an excavation, debris load, or any portion thereof, may contain non-clean construction debris, then he shall immediately notify the Village or the EPR. The Public Works Department can be reached at 847-870-5640. If the Village or EPR agree that the material is suspect then the Contractor shall set aside that suspect load or portion thereof on site or at a holding area identified by the Village. The Contractor shall at that time be no longer responsible for the disposal of that load or portion thereof. The Village and its CCDD consultant will become responsible for the testing and subsequent disposal of all suspect debris. LOW MAINTENANCE TURFGRASS (BUFFALO GRASS BOWIE) SEEDING, BALLFIELD MIX SEEDING, CLASS 5A, (MODIFIED) Description.The work shall consist of preparing the seed bed and placing the seed at areas shown in the plans and as directed by the Engineer, and per Section 250 of the Standard Specifications. Seed mixtures will be per planting plan seed lists as noted in plans. Tackifiers and inoculants shall be as detailed in the plans. SP-40 Bid Book Page 76 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 The areas to be seeded shall be worked to a minimum depth of 3 inches with a disk tiller or other equipment approved by the ENGINEER, reducing all soil particles to a size not largerthan 2 inches in the largest dimension. The prepared surface shall be relatively free from weeds, clods, stones, rivulets, gullies, crusting and caking. Seeding shall be accomplished using equipment meeting the specifications of the Standard Specifications 1101.08. Prior to starting work, seeders shall be calibrated and adjusted to sow seeds at the required seeding rate and to the proper depth. Equipment shall be operated in a manner to ensure complete coverage of the entire area to be seeded. The ENGINEER shall be notified 48 hours prior to beginning the seeding operations so that the ENGINEER may determine by trial runs that the seeder will provide uniform distribution. Materials.The seed mixtures are designated in the plans. Seed mixtures specified to be installed in the same season shall be seeded within 3 days of each other. The ENGINEER must approve variations in seed mixture in writing. Seed quality must meet the applicable standards set forth in Standard Specification 1081.04. Period of Establishment.The period of establishment shall be 90 days following seeding. Ninety percent aerial cover shall be evident at the end of the 90-day period of establishment. The ENGINEER shall make the cover determination. Method of Measurement and Basis of Payment. The work will be measured and paid for at the contract unit price per acre for LOW MAINTENANCE TURFGRASS (BUFFALO GRASS BOWIE), SEEDING, BALLFIELD MIX, and SEEDING, CLASS 5A, (MODIFIED). 90%of the contract unit price shall be payable upon placement of the seed. 10%of the contract unit price shall be payable upon successfully meeting the performance requirement at the end of the first growing season. REINFORCED CONCRETE PIPE TEE, 54" PIPE WITH 36" RISER REINFORCED CONCRETE PIPE TEE AND PIPE ELBOW, 54" PIPE WITH 36" RISER Description. This work shall consist of furnishing and installing storm sewer, and storm sewer lateral connections, per Section 550, Section 602, as detailed in the plans, and directed by the Engineer. Method of Measurement and Basis of Payment. This work will be measured and paid for at the contract unit price per each for REINFORCED CONCRETE PIPE TEE, 54" PIPE WITH RISER or REINFORCED CONCRETE PIPE TEE AND PIPE ELBOW, 54" PIPE WITH 36" RISER, including connecting angled 54" pipes together, connecting lateral storm sewers into main line sewer, steps, risers, cones, slab tops, adjustment rings, frames, grates, and other appurtenances. SP-41 Bid Book Page 77 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 STORM SEWERS, CLASS A, TYPE 1 8" Description. This work shall consist of furnishing and installing storm sewer manholes of various straight and elbow angles per Section 550, as modified herein. Article 550.03. Append Table to include 8" dia meeting the same kinds of materials permitted as 10". ADJUSTING WATER MAIN 8" Description. This work shall consist of adjusting water main in conflict with proposed sewer. Materials. Materials for adjusting watermain shall be ductile iron pipe, Class 52, conforming to ANSI/AWWA C151/A21.51-86. Ductile iron pipe shall be cement lined in accordance with AWWA C104, Standard for Cement Mortar Lining and Ductile Iron and Gray Iron Pipe and Fittings for Water. Fittings shall be ductile iron or cast iron in accordance with AWWA C110, Standard for Ductile Iron and Gray Iron Fittings, 3-in. through 48-in., for Water and Other Liquids, and AWWA C151. Pipe joints shall be mechanical or push-on in accordance with AWWA C111, Standard for Rubber Gasket Joints for Ductile Iron and Gray Iron Pressure Pipe and Fittings. Refer to the latest revision for the above AWWA standards.All mechanical joint fittings shall be restrained with Meg-a- Lugs or restrained joint gaskets, as supplied from the pipe manufacturer. Construction Requirements. Installation shall be in accordance with Section 561 of the Standard Specifications and shall be completed within the work hours designated by the Engineer. This work shall include the cost of all pipe,fittings,joint materials, hydrostatic testing, disinfection of water main, removal and disposal of old water main and all excavation. Trench backfill will be measured and paid for separately. Method of Measurement and Basis of Payment. This work will be measured and paid for at the contract unit price per foot for ADJUSTING WATER MAIN, 8". CLEANOUTS AT PIPE UNDERDRAINS 4" (SPECIAL) Description.This work shall include furnishing and installing cleanouts at the upstream end of each pipe underdrain, special. Materials. As detailed in the plans. Method of Measurement and Basis of Payment. This work will be measured and paid for at the contract unit price per each CLEANOUTS AT PIPE UNDERDRAINS 4" (SPECIAL). SANITARY SERVICE ADJUSTMENT Description. This work shall consist of adjusting sanitary sewer service lines where the proposed storm sewer is in direct conflict with the existing sanitary service in accordance with Section 563 of the Standard Specification and as specified herein. SP-42 Bid Book Page 78 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 Materials. Sanitary sewer shall be PVC, SDR 26. Connections to existing sanitary services shall be made with stainless steel shielded couplings, as manufactured by Mission Rubber Company, gasket to meet ASTM C1173-91, 300 series stainless steel shear ring with a minimum thickness of 0.012", 316 grade stainless steel nut and bolt tightening clamps, shear ring and clamps to meet all requirements of ASTM A167-91, transitional sizes to utilize a one piece gasket. Construction. The Contractor shall contact the homeowner before work begins on this item. Trench backfill will be measured separately for payment.The adjusted sanitary service line shall be placed in a PVC casing pipe where it crosses the proposed storm sewer. Method of Measurement and Basis of Payment. This work will be paid for at the contract unit price per foot for SANITARY SERVICE ADJUSTMENT. DEWATERING Description: This work shall consist of dewatering (regardless of the water source) and bypass pumping all work areas to construct the proposed detention pond and storm sewer trenches, etc.to relatively dry conditions to maintain suitable working conditions and sediment control. See special provision for BYPASS PUMPING for additional requirements included in DEWATERING special provision. Products. Contractor shall be responsible for the choice of the product(s)and equipment as well as "means and methods" for the Site Dewatering Work to be performed subject to the review of the Engineer. All products and "means and methods" selected shall be adequate for the intended use/application. Engineer's review does not relieve the Contractor from compliance with the requirements of the Standard Specifications and the requirements of this special provision. Submittals. Contractor shall submit to the Engineer for review a description of dewatering techniques and equipment to be used, together with detail drawings showing lengths of discharge piping and point(s) of discharge including sediment and erosion control procedures using Best Management Practices. Best Management Practices are anticipated (but not limited to) to include: Sump Pit Pumps, Hoses, Etc. Sediment Filter Bags Removal and proper disposal of all BMP's and sediment associated with dewatering Additional erosion and sediment control BMP's as per Engineer's direction Responsibility. The Contractor shall be solely responsible for the choice of product(s) and equipment; for the design, installation, and operation; as well as "means and methods" of performing the Work; and subsequent removal of dewatering systems and their safety and conformity with local codes, regulations and these Specifications. All product(s), equipment and "means and methods" selected shall be adequate for the intended use/application. Review by Engineer does not relieve Contractor from compliance with the requirements specified herein. General Requirements.The Contractor shall select the pumps he/she desires to use and the rate SP-43 Bid Book Page 79 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 at which the pumps discharge, but adequate protection at the pump discharge shall be provided by the Contractor, subject to review by the Engineer. The Contractor shall ensure that downstream water quality shall not be impaired. At all times during the excavation period and until completion and acceptance of the Work at Final Inspection, ample means and equipment shall be provided with which to remove promptly and dispose of properly all water(including ground water, ditch water, storm sewer water, storm runoff, and water generated from Contractor's activities)entering any excavation or any other parts of the Work. Water pumped or drained from the work required for this Contract shall be disposed of in a safe and suitable manner without damage to adjacent waterways, adjacent property or streets or to other work under construction. Water shall be discharged with adequate erosion and sediment control protection of the surface at the point of discharge. No water shall be discharged into sanitary sewers. Any and all damages caused by dewatering the work shall be promptly repaired by the Contractor. The Contractor is responsible for providing any and all labor, materials and equipment needed for the DEWATERING in order to meet the scheduled completion of the project. Bypass Pumping. Bypass pumping to keep the work areas relatively dry, shall meet the above requirements. The cost of this work is included in the cost of DEWATERING. Requirements —Sediment Filter Bags. A. Sediment filter bags to be sized based on volume of water being pumped and quantity and type of sediment. B. Multiple discharges into a single bag are not permitted. C. Sediment filter bag shall be oriented to direct flow away from construction area and discharge filtered water into approved manhole or other receiving area. D. Sediment filter bag shall be replaced when it becomes '/2 full of sediment or when the sediment has reduced discharge flow rate below the design requirements. E. Place straps, cross chains, pallets or other lifting device under the sediment filter bag for ease of replacement. Materials — Sediment Filter Bags. The filter bags shall be made from a nonwoven, needle punched, polypropylene geotextile that meets the following values: Weight- Typical ASTM D-5261 8 oz/sy Tensile Strength ASTM D-4632 205 lbs Elongation @ Break ASTM D-4632 50% Mullen Burst* ASTM D-3786 350 psi Puncture Strength* ASTM D-4833 120 lbs CBR Puncture ASTM D-6241 535 lbs Trapezoidal Tear ASTM D-4533 85 lbs Apparent Opening Size ASTM D-4751 80 US Sieve SP-44 Bid Book Page 80 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 Permittivity ASTM D-4491 1.35 Sec-1 Water Flow Rate ASTM D-4491 90 g/min/sf UV Resistance @ 500 Hours ASTM D-4355 70% Method of Measurement and Basis of Payment. This work will be measured and paid for at the contract unit price lump sum for DEWATERING, regardless of the number of areas that require dewatering and amount of bypass pumping required. JUNCTION CHAMBER NO. 1 JUNCTION CHAMBER NO. 2 Description. This work shall consist of all work and materials required for the construction of JUNCTION CHAMBERS in accordance with the plans and as specified herein. The dimensions shown on the plans are measured to the inside face of the chamber walls. Materials. Concrete: IDOT Section 1020 Class PC (f' c min = 4,500 PSI) Reinforcing Steel: ASTM A 706, Grade 60 (IL Modified) Frame and Grate: Type 1 Frame, Closed Lid or Neenah Low Profile as determined by CONTRACTOR Precast Riser/Slab: IDOT Standard 602401 and 602601 Steps: IDOT Standard 602701 Mastic Joint Sealer: IDOT Section 1056 Loading: Soil Loads and AASHTO HS-20 Construction Requirements. The precastjunction chambers shall be constructed in accordance with IDOT Section 504. All excavation and granular backfill material shall be in accordance with IDOT Section 502. The CONTRACTOR shall be responsible for verifying the size, inverts and locations of the sewers to be connected to the proposed junction chambers. A cast in place concrete bench slab shall be poured up to the inverts of the pipes to prevent standing water on the bottom slab. The CONTRACTOR shall take necessary precautions to prevent the chamber from becoming buoyant during construction. The CONTRACTOR has the option of constructing the junction chamber using cast in place concrete in accordance with IDOT Section 503, with prior permission from the VILLAGE. Cast in place concrete shall be IDOT class SI (f'c min = 3500 PSI). The CONTRACTOR shall submit calculations and detailed shop drawings that are signed and sealed by a Structural Engineer licensed in the State of Illinois to the ENGINEER for review prior to ordering material or starting construction. The required thickness of the chambers bottom slab, sidewalls and top slab, and reinforcement details shall be shown on the shop drawings. SP-45 Bid Book Page 81 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 A temporary shoring plan, signed and sealed by a Structural Engineer licensed in the State of Illinois, shall be submitted to the VILLAGE with corresponding calculations and other necessary information, for all temporary shoring required to accommodate safety and other requirements during construction. Temporary shoring plan shall be approved by the VILLAGE prior to installation of temporary shoring. Conflict junction chambers are required where a combined sewer will cross through the proposed junction chamber. The cost of the ductile iron pipe crossing through the chamber will be paid for separately. Method of Measurement and Basis of Payment. This work will be measured and paid for at the contract lump sum price for each JUNCTION CHAMBER, of the number specified, as shown on the plans. All labor and materials associated with excavation, granular backfill, granular subbase, concrete, reinforcement bars, frame and grate, cast iron steps, precast concrete riser and slab, temporary shoring and any miscellaneous items required for the junction chamber shall not be paid for separately, but shall be included in the lump sum price for each JUNCTION CHAMBER. TRENCH BACKFILL, SPECIAL Replace Article 208.02 (a) and (b) with the following; "The material shall be FA-06 exclusively. Recycled concrete shall not be used." Article 208.03 and Article 208.04: appended each occurrence of"Trench Backfill"with ", Special". ORNAMENTAL FENCE Description. This work shall consist of furnishing and installing an ornamental fence and gate matching the removed ornamental fence per Section 640, as detailed in the plans and as directed by the Engineer. The existing undamaged fence can be reinstalled if its condition at installation is accepted by the Engineer. This work shall also include fence and gate removal and storage by the Contractor. All replacement elements, post foundations, posts, and appurtenances are included in this work. Method of Measurement. This work will be measured horizontally in feet along the centerline of posts along the fenceline. Basis of Payment. This work will be paid for at the contract unit price per foot for ORNAMENTAL FENCE. ABANDON AND FILL EXISTING STORM SEWER Description. This work shall consist of plugging and filling existing storm sewers that are to be abandoned. Construction Requirements. All storm sewers to be filled shall be plugged at both ends with SP-46 Bid Book Page 82 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 at least 2 feet long Class SI Concrete or mortar plug. After the concrete or mortar has set, the abandoned storm sewers can be filled via means approved by the Engineer. The controlled low-strength material used to fill the storm sewers and the filling operation shall be in accordance with Section 593 of the Standard Specifications. Method of Measurement and Basis of Payment. This work will be measured and paid for at the contract unit price per foot for ABANDON AND FILL EXISTING STORM SEWER. ADJUSTING WATER SERVICE LINES Description:This work shall consist of adjusting water service lines in conflict with proposed sewer. Construction. This work shall be completed in accordance with Section 563 of the Standard Specifications and as specified herein. This work shall consist of cutting and splicing the water service line. Materials. The proposed water service line shall be copper tube — Type "K" of the required diameter. Flared fittings shall be used to tie the proposed water service line to the existing. Method of Measurement and Basis of Payment. This work will be measured and paid for at the contract unit price per each for ADJUSTING WATER SERVICE LINES. TRAFFIC CONTROL & PROTECTION, (SPECIAL) Description. Traffic control shall be in accordance with the applicable sections of the "Standard Specifications for Road and Bridge Construction", the applicable guidelines contained in the latest edition of "Illinois Manual on Uniform Traffic Control Devices for Streets and Highways", the applicable sections of the "Standard Specifications for Traffic Control Items", and these Special Provisions. Special attention is called to Article 107.09 and 107.14 of the Standard Specifications and the following Highway Standards, Details, Quality Standard for Work Zone Traffic Control Devices, Recurring Special Provisions, and Special Provisions contained herein relating to traffic control. HIGHWAY STANDARDS: STD. 701301-04 LANE CLOSURE, 2L, 2W, SHORT TIME OPERATIONS STD. 701501-06 URBAN LANE CLOSURE, 2L, 2W, UNDIVIDED STD. 701801-06 SIDEWALK, CORNER OR CROSSWALK CLOSURE STD. 701901-08 TRAFFIC CONTROL DEVICES TC-10 TRAFFIC CONTROL AND PROTECTION FOR ROADS, INTERSECTIONS, AND DRIVEWAYS SPECIAL PROVISIONS: Public Convenience And Safety (D-1 Traffic Control & Protection, (Special) Work Zone Public Information Signs (Recurring Special Provisions) Work Zone Traffic Control Surveillance (LRS 3) SP-47 Bid Book Page 83 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 Flaggers in Work Zones (LRS 4) The Contractor shall obtain, erect, maintain, and remove all signs, barricades, flaggers, and other traffic control devices as may be necessary for the purposes of regulating, warning, or guiding traffic. As a minimum, a Type I barricade with a flashing light is required at each end of each location where sidewalk is being installed. Once the curb has been removed, a minimum of two Type I barricades with flashing lights are required, with a maximum spacing of 20'. Prior to the start of work the Contractor shall have a sufficient number of barricades, signs, and flaggers at the job site for the scheduled work. Barricades shall remain in place, as directed by the Engineer, until after the front filling and backfilling operations are complete. Traffic control devices shall not be moved from one location to another without prior notice and approval from the Engineer. If satisfactory traffic control as determined by the Engineer is not in place, the Engineer shall order work to be halted. Method of Measurement and Basis of Payment. This work will be measured and paid for at the contract LUMP SUM price for TRAFFIC CONTROL & PROTECTION, (SPECIAL). TEMPORARY CHAIN LINK FENCE, 8' Description. This work consists of furnishing, installing, and removing 8' tall temporary chain link fence for access management. Work also included maintaining the fence during construction. General. Fence shall not be in-ground mount. Fence shall be stabilized by sandbags or other means as recommended by supplier to withstand anticipated wind loads,snow loads, and vandals. Three 12' wide access gates shall be provided at locations as shown on the plans. Gates shall be closed unless Contractor is entering/exiting the site. Gates shall be locked when Contractor is not present. All gates shall be secured by a keyed padlock. Contractor shall supply one set of keys to open all gates to the Engineer, and one set to Park District (to be stored in Park District on-site building). Once the "Substantial Performance Date" has occurred, the fence (and gates) shall be moved to the inside of the HMA path as shown in the plans and as directed by the Engineer. This work will not be measured for payment. The fence shall be removed by the Contractor as directed by the Engineer, approximately one day prior to the "Final Performance Date". The Contractor shall provide an emergency contact for fence related items. The Contact shall respond within 2 hours of being notified and shall make corrections as necessary to re-establish the security/integrity of the temporary chain link fence within 16 hours of being notified. SP-48 Bid Book Page 84 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 The Contractor shall make inspections of the fence whenever Contractor has construction activities adjacent to or within the fence, and immediately make corrections as necessary to re-establish the security/integrity of the temporary chain link fence. Method of Measurement.This work will be measured in-place horizontally along the fabric face of the fence in its position prior to the "Substantial Performance Date". Overlaps shall not be measured. Gates shall be measured as fence. Basis of Payment. The work will be paid for at the contract unit price per foot for TEMPORARY CHAIN LINK FENCE,8'. MAINTENANCE OF TEMPORARY CHAIN LINK FENCE, 8' Description. This work consists of maintaining the 8' tall temporary chain link fence for access management after the "Substantial Performance Date" has occurred. General. The Contractor shall provide an emergency contact for fence related items. The Contact shall respond within 2 hours of being notified and shall make corrections as necessary to re- establish the security/integrity of the temporary chain link fence within 16 hours of being notified. The Contractor shall make weekly inspections of the fence and immediately make corrections as necessary to re-establish the security/integrity of the temporary chain link fence. Method of Measurement.This work will be measured on a per week basis,starting on the first day that the Engineer provides the project's Punch List to the Contractor, and terminating once Engineer provides written notice (letter or email)to Contractor to remove the fence (excluding the duration between the written notice to remove the fence and when the Contractor removes the fence from the project site). Basis of Payment. The work will be paid for at the contract unit price per foot for MAINTENANCE OF TEMPORARY CHAIN LINK FENCE,8'. GEOBLOCK POLYETHYLENE POROUS PAVEMENT SYSTEM Description. This work shall consist of furnishing, grading, compacting, installing, and backfilling with topsoil the porous pavement system as detailed in the plans and directed by the Engineer. Seeding shall be paid for separately. Aggregate shall meet the requirements of Section 351 of the Standard Specifications.Topsoil shall meet the requirements of Section 211 of the Standard Specifications. Seeding shall be CLASS 1 and shall meet the requirements of Section 250 of the Standard Specifications. Polyelthylene units shall be Geoblock 5150 or approved equal, installed per manufacturer's recommendations. Method of Measurement and Basis of Payment. The work will be measured and paid for at the contract unit price per square yard for GEOBLOCK POLYETHYLENE POROUS PAVEMENT SYSTEM. SP-49 Bid Book Page 85 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 EXPLORATION EXCAVATION (UTILITY) Description. This work shall be performed in accordance with Section 213 of the Standard Specifications, except that the objects to be located are any type of existing utility within the project limits, and hand excavation will be required.Any damage incurred to the existing utility as a result of the exploration trench excavation shall be repaired immediately at no additional cost to the Owner. Backfill used for the storm sewer shall be paid for separately per cubic yard of TRENCH BACKFILL or TRENCH BACKFILL, SPECIAL as shown in the plans. Method of Measurement and Basis of Payment. The work will be measured and paid for at the contract unit price per lineal FOOT for EXPLORATION EXCAVATION (UTILITY),which price shall be payment in full for all material, labor, equipment, and any other items required to complete the work. STABILIZED CONSTRUCTION ENTRANCE Description. This work consists of constructing a stabilized construction entrance to access the proposed detention basins, per plan details and as directed by the Engineer. The aggregate shall be a minimum of 12" in depth and placed over filter fabric. The filter fabric will not be paid for separately but will be included in the cost of the work. The gradation of the aggregate shall be as follows: STABILIZED CONSTRUCTION ENTRANCE — AGGREGATE GRADATIONS Sieve Size and Percent Passin 8" 6" 4" 2" #4 100 97 ± 3 90 ± 10 45 ± 25 20 ± 20 This work shall also include the removal of the stabilized construction entrance. Restoration will be paid for separately. Method of Measurement and Basis of Payment. This work will be measured and paid for at the contract unit price per square yard for STABILIZED CONSTRUCTION ENTRANCE. INFIELD, FURNISH AND PLACE Description. This work shall consist of furnishing and placing infield mixture and bases for each ball field within the basin. Materials. Baseball Bases. 1 set per field Home Plate (Bury Mount) model number 8501-00 Infield Bases 3 per field including base anchor, model number 8503-00 Pitching Rubber, model 8510-00 SP-50 Bid Book Page 86 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 Manufactured by PW Athletic MFG. CO. Or approved equal. Submit product information and manufacturer's installation recommendations for all equipment. Infield mix shall be free of stones and gravel. A. Sure-HopTM Classic Infield Mix Baseball or Softball Field Infield Skin Surface Preferred Supplier: Conserv FS, 27310 W. Case Road,Wauconda, IL 60084, Phone 847-450-9299, Fax: 847- 526-0478, Website www.conservfs.com Particle Size Specification Total sand content shall be 75-81% Total combined silt and clay content shall be 19-25% Particle size distribution shall be as follows: 3 % 4 mm 5 US 6 85- 7 Gravel 8 10 9 67- 10 V. 11 18 1250- 13 Coarse 1435 1538- 16 Medium 1760 1827- 19 Fine 20 100 21 17- 22 V. Fine 23 270 Prior to commencement of construction, contractor shall submit a sample of product to be utilized, and an independent laboratory test result indicating the particle size analysis and sand/silt/clay content of the product for approval from Owner's Representative. Tests shall be performed in accordance with ASTM F-1632 Placing Baseball bases. Install all elements in location as indicated on the drawing. Owner reserves the right to make minor field adjustments to best fit the exact field conditions. Placing Infield Mix. Rake out the subgrade to achieve a fine uniform surface without any clods greater than '/2" in diameter. Make sure that the aggregate surrounding the under-drain system is exposed. Once a mix has been approved place the mix within the areas of the infield. Preserve the markers for bases during placing. Bring the infield mix to the grades shown on the plans and moisten to permit easier grading and movement without severe rutting. Do not use compaction devices on the surface. One rolling of the entire surface shall be made. Finish grade material with a box blade, laser grader, or equal, according to plans. Owner approval of finished grade of the mixture is required. Measurement of Measurement. INFIELD, FURNISH AND PLACE will be measured in square yards, in place and complete. Basis of Payment.This work will be paid for at the contract unit price per square yard for INFIELD, FURNISH AND PLACE which price shall constitute all labor, materials and equipment necessary to complete the work as specified. SP-51 Bid Book Page 87 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 BALL FIELD BACKSTOP AND FENCES Description. This work includes the furnishing and installing ballfield backstop, wing and dugout fencing, perimeter chain link fencing, per Section 640, as indicated on drawings or specified herein. Provide entire PVC coated system, black. Shop Drawings: Submit Shop Drawings for approval, prior to manufacturing, describing and detailing typical line post, terminal post, gate, fabric, materials, hardware assemblies, and all proposed fence/gate alignment sections. FRAMEWORK Chain link Fence Fabric: Chain link fabric shall be constructed of woven 6-guage(for backstops and wing fence fabric up to 10'-0"), 9-guage (for backstop fabric above 10'-0",for dugout fence fabric or for perimeter fencing. All fabric shall be W & M steel wire as specified on plans and details, in a continuous 2 inch mesh (for fencing or backstops). Mesh shall be as specified on plans and details, with knuckled top and bottom selvage. Fabric shall not be hot-dipped galvanized after weaving, per ASTM A-392. Weight of the coating shall be 1.2oz. per square foot of actual surface. Coating shall be smooth, of uniform thickness, and free from dross, uncoated spots and adhered particles of foreign material. Height of fabric shall be as shown on the drawings. Lower edge of fabric shall be no greater than 1-1/2"above concrete mow strip or infield finished grade as specified on plans and details. All line posts, terminal post, top rails, bottom rails and fittings shall be PVC coated galvanized zinc steel, ASTM A120 or A123, with not less than 1.8 oz. zinc per square foot of surface area and 12 mils PVC thickness. All fittings and accessories shall be PVC coated galvanized, ASTM A153. Line Posts shall be one of the following: 2-3/8" O.D. Schedule 40, ASTM A-120, 3.65 pound/LF. S-40-ASTM A-569, 3.12 pounds/LF. Standard C Section ASTM F-669, 2.28 pounds/LF. H Section ASTM F-669, 3.26 pounds/LF. End, corner and pull posts shall be one of the following: 4" O.D. Schedule 40, 5.79 pounds/LF. For backstop. 2'/8" for 6' — 8' high fence. SS-40, 4.64 pounds/LF. Roll Formed Post, 4.85 pounds/LF. All posts shall have PVC Coating after galvanizing. Top and Bottom & Intermediate Rails shall be: Longest lengths available, with expansion type couplings, approximately 6" long, for each joint. Provide with means for attaching securely to each post other than line posts. Provide and install posts as required. Shall be one of the following: 1-5/8" O.D. Schedule 40, 2.27 pounds/LF. SP-52 Bid Book Page 88 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 S-40, 1.84 pounds/LF. Roll Formed Rail, 1.37 pounds/LF with PVC Coating after galvanizing. Hog rings, nuts and bolts: These components shall be coated with .007 mils film thickness of Phenolic baked phosphate enamel capable of 250 hours salt spray test. Post brace assembly: Adjustable brace at end and gate posts and at both sides of corner and pull posts, with horizontal brace located at mid-height of fabric. Use same material as top rail for brace, and truss to line posts with 0.0375" diameter rod and adjustable tightened. Caps bands and Connectors: All caps, bands, and connectors used in construction of PVC coated chainlink fence shall be galvanized pressed steel, malleable or cast steel, or aluminum alloy. PVC coating shall be bonded and applied as stated in 2.03. Provide a weathertight closure cap designed to receive top rail. All chain link posts shall be set in concrete foundations in the ground. Concrete shall conform to the Standard ASTM C-94, 3000 PSI @ 28 days. The diameter of the foundation to be a minimum of twelve (12") inches except for terminal posts on which the minimum diameter shall be three times the outside diameter of the post. All foundations shall slope away from the post to assure proper drainage or as detailed on the drawings. All posts shall be of sufficient length to provide forty-two (42) inch setting in concrete footings. Excavation: drill or hand excavate (using post hole digger ) holes for posts to diameters and spacing indicated, in firm, undisturbed or compacted soil. All excavated material is to be removed from post location and dumped in an Owner approved location on site project site or removed from site and disposed of properly. Excavate holes for each post to minimum diameter recommended by fence manufacturer, but not less than 4 times largest cross-section of post. Excavate hole depths approximately 3" lower than post bottom; with bottom of posts set not less than 36" below finish grade surface Setting Posts: Center and align posts in holes 3" above bottom of excavation. Place concrete around posts and vibrate or tamp for consolidation. Check each post for vertical and top alignment, and hold in position during placement and finishing operations. Extend concrete footings 2" above grade and trowel to a crown to shed water. Allow concrete to attain at least 75% of its minimum 28 day compressive strength, but in no case sooner than 7 days after placement, before rails, tension wires, or fabric is installed. Do not stretch and tension fabric and wires, and do not hang gates until the concrete has attained its full design strength. Restore grade around posts once setting is complete. Top Rails: Run rail continuously through post caps. Provide expansion couplings as recommended by fencing manufacturer. Spacing: Maximum spacing between fence posts shall be 8'-0". Fabric: Pull fabric taut and tie to posts and rails. Install fabric on interior or playing side of fences and anchor to framework so that the fabric remains in tension after pulling force is released. Lower edge of fabric shall be set level with finished grades (1-'/2"above grade typ.)except as specified on plans and details. Tension Bars: Fabric shall be attached to the terminal posts by means of single piece tension bars. SP-53 Bid Book Page 89 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 Thread through fabric and secure to posts with metal bands spaced not over 12 inches O.C. (typ.). Welding: All field welds shall be fully filled, ground flush and smooth, and cold galvanized by brushing on "Galvicon", or approved paint for vinyl fencing. Use silver pain (two coats required). Method of Measurement. This work will be measured horizontally in feet along the centerline of posts along the fenceline. Basis of Payment. This work will be paid for at the contract unit price per foot for BALL FIELD BACKSTOP AND FENCES. ASPHALT PATH REMOVAL Description. This work shall consist of removing and disposing of asphalt paths of various thicknesses, as per Section 440 and described herein. Method of Measurement and Basis of Payment. This work will be measured and paid for per square yard of asphalt path removed. BIOSOLIDS DELIVER AND PLACE, 1-1/2" Description. This work shall consist of delivering and placing biosolids over entire basin bottom except for the infields, as per Section 211 and described herein. Biosolids will be available free of charge from an MWRD facility. Submit biosolid physical analysis to owner prior to placement. Construction. After topsoil has been placed across entire basin bottom to a rough grade 1-'/2" below finish grade as per item TOPSOIL EXCAVATION AND PLACEMENT, place 1-'/2"of biosolids across the topsoil rough grade. Use a rotodarian or similar tool with a rock picker attachment to blend, pulverize, fluff, and screen out stones to a depth of 7". If additional pulverized topsoil is needed to achieve final grade it shall be included in the cost of BIOSOLIDS, DELIVER AND PLACE, 1-1/2. Contractor shall not damage irrigation or pipe underdrains. Measurement of Measurement. BIOSOLIDS, DELIVER AND PLACE, 1-1/2"will be measured in place in square yards. Basis of Payment. This work will be paid for at the contract unit price per square yard for BIOSOLIDS, DELIVER AND PLACE, 1-1/2" which price shall constitute all labor, materials and equipment necessary to complete the work as specified. SP-54 Bid Book Page 90 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 RAILINGS FOR STAIRS AND RAMPS Description. This work shall include furnishing and installing galvanized steel railings along ramps and stairs, at the locations shown on the Drawings and in accordance with Section 509 as modified herein. Article 509.10 append each occurrence of Pipe Handrail with "RAILINGS FOR STAIRS AND RAMPS". TREES, DECIDUOUS, 2.5" BALLED & BURLAPPED Description. This work shall be per Section 253 and as modified herein. Article 253.17 replace each occurrence of"Trees" with "TREES, DECIDUOUS, 2.5" BALLED & BURLAPPED". STAIRS Description. This work shall consist of all work and materials required for the construction of the STAIRS (cast-in-place concrete staircases) in accordance with the plans and as specified herein. Materials. Concrete: IDOT Section 1020 IDOT Class SI (f'c min—4,000 PSI) Reinforcing Steel: ASTM A 706, Grade 60 and special provision within "REINFORCEMENT BARS" Construction Requirements. The cast-in-place stairs shall be constructed in accordance with IDOT Section 503. All excavation and backfill material shall be in accordance with IDOT Section 502. Any side walls or trench walls shall be included in this item. The CONTRACTOR shall submit detailed reinforcement bar shop drawings prepared in accordance with ACI 315, latest edition for review by the ENGINEER prior to ordering material or starting construction. Method of Measurement and Basis of Payment. This work shall be measured and paid for at the contract unit price per each for STAIRS,which shall include all labor and materials associated with excavation, backfill, placement and preparation of base, concrete, reinforcement bars, and any miscellaneous items required for the retaining wall shall not be paid for separately, but shall be included in the unit price STAIRS. SP-55 Bid Book Page 91 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 PLAYERS BENCH Description. This work consists of furnishing and installing a players bench as shown in the plans and directed by the Engineer. Use all means necessary to protect site furnishings and other materials before, during, and after installation and to protect the installed work and materials of all other trades. Submit product information and manufacturer's installation recommendations for all equipment. Materials. Trailhead Bench Model #EB101. 10-foot long. Vinyl finish Color: Blue Frame color: Black Perforated pattern Extended (inground) mount with mounting plate covers Manufactured by Diversified Metal, or approved equal. Method of Measurement and Basis of Payment. This work will be measured and paid for at the contract unit price per each PLAYERS BENCH installed. SEGMENTAL BLOCK WALL SYSTEM Description. This work consists of furnishing and installing segmental block walls per Section 522, as shown in the plans, as directed by the Engineer, and as modified herein. Work also includes excavating for wall/level pad/backfill, furnishing and installing geogrids, furnishing and installing level pad, and furnishing and installing backfill. Materials. Append Article 522.02 with the following. "Wall materials shall be as shown in the plans. Color and face surface shall be as per Owner. Prior to ordering wall materials, Contractor shall provide a 4' long mock-up of segmental block wall in color/face surface as selected by Owner and receive owner's written acceptance. Mock up shall be a 45-degree corner installation, with at least 2' of wall each side of corner." Method of Measurement. Replace Article 522.15 (b) with the following. "This work will be measured in square feet from bottom of base unit to top of cap unit, in a vertical plane, regardless of number of finished faces or seat platforms. Basis of Payment. Revise Article 522.16 as follows. Append each occurrence of"segmental concrete block wall" with "SEGMENTAL BLOCK WALL SYSTEM". SP-56 Bid Book Page 92 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 PAVER STRIP AT WALL Description. This work consists of furnishing and installing segmental block wall cap units as pavers, as shown in the plans, as directed by the Engineer, and as modified herein. Work also includes excavating for pavers/level pad/backfill,furnishing and installing aggregate base and joint material. General. 1. A base course of prepared stone shall be installed as shown in the details. 2. Place pavers by hand in straight courses with hand tight joints (to abutting pavers and abutting segmental block wall system) and uniform top surface. Good alignment shall be kept. 3. Pavers shall be cut only when necessary. 4. When all pavers are installed, apply joint sand, as recommended by manufacturer, to paving, and sweep into all joints until joints are completely filled. Sweep clean the entire surface and remove all excess sand. 5. Replace cracked or chipped unit pavers at no additional cost to the Commissioner. 6. After completion of paver installation,they shall be thoroughly swept clean and surface shall be left unsoiled. Materials. Append Article 522.02 with the following. "Materials shall be as shown in the plans. 12" x 12"x 2/3/4" unit paver with standard finish and a stock color selected by Owner. Prior to ordering wall materials, Contractor shall provide a 4' long mock-up of paver strip in color as selected by Owner and receive owner's written acceptance." Method of Measurement and Basis of Payment. This work will be measured and paid for in square feet of exposed surface area at the contract unit price for PAVER STRIP AT WALL. AS-BUILT DRAWINGS Description. At the completion and acceptance of the work, the CONTRACTOR shall perform a survey of the project. The survey shall provide, at a minimum, the following information: 1. As-Built locations and elevations, including rims and inverts, of the proposed storm water improvements, using the base sheets of the of the design drawings as reference. 2. As-Built locations and elevations of the proposed public and private utilities, including rim and invert elevations at manholes and/or conduits,that were required to be relocated due to the proposed stormwater improvements. 3. As-Built locations and elevations of the proposed public water service connection /water well. 4. The contractor shall provide an As-Built drawing of the detention basin,with the necessary contour lines, and shall verify the detention volume of the pond with reference to the design volume. 5. The as-built drawings must be stamped by a Professional Engineer or Land Surveyor licensed in the State of Illinois. SP-57 Bid Book Page 93 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 The CONTRACTOR will deliver to the Village two copies of the as built in a PDF format and two copies of the computerfiles in MicroStation latest version on a CD disc, and 2 copies of the PDF on 11 x 17 (half size) plan sheets. Method of Measurement and Basis for Payment. This item will be measured and paid for at the contract lump sum price for AS-BUILT DRAWINGS. ITEMS AS ORDERED BY THE ENGINEER Description. This work shall consist of various items of Work which may be required to be done by the Contractor, the scope of which cannot be determined at the time of submittal of the Proposal. This item provides a line item against which payment may be made. General Requirements. Work shall be done under this item as directed by the Engineer. Method of Measurement. This work will not be measured for payment. Basis of Payment. Payment for this work will be made as specified in Supplemental Specifications Article 109.04 using a force account basis. Payment for this work will not exceed the costs incurred by the Contractor and accepted by the Engineer. DETENTION BASIN MAINTENANCE Description. This work shall consist of adding topsoil/seeding to repair any low spots or areas greater than one-half(1/2) a square yard where there is no vegetation. This work shall be started/ completed in October 2020. Materials. Topsoil shall meet the requirements of Section 211 of the Standard Specifications. Seeding shall be per proposed plans and shall meet the requirements of Section 250 of the Standard Specifications. Topsoil and seeding will not be paid for separately but shall be included in the cost of the work. Method of Measurement and Basis of Payment. This work will be measured and paid for at the contract price lump sum for DETENTION BASIN MAINTENANCE. TREE RELOCATION, UNDER 18" TREE RELOCATION, 18" AND OVER Description. This work shall consist of relocating existing trees of various size to new locations within the project, including all labor, tools, equipment and materials necessary to relocate, and install accordance with Section 253 of the Standard Specifications, the details shown in the plans, and this special provision. General. SP-58 Bid Book Page 94 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 Statement of qualifications stating that the Contractor has a minimum of five years' experience in the transplantation trees of 6" and greater. Planting Schedule: Indicating anticipated planting dates for transplanting trees including: 1. Dates for transplanting, coordinated with mass excavation of area by Excavation Contractor. 2. Transplanting methods. 3. Follow-up care and maintenance for duration of the project's construction until Final Completion. Pre-transplantation meeting with Engineer and Owners Representative. Contractor to discuss planting schedule, means/method of relocating trees, post-transplant tree stabilization needs, watering/fertilizing schedule, trimming, etc. Contractor to start relocations with Owner's written approval. Coordinate work as the site becomes available, consistent with seasonal limitations for transplanting. Owner's representative will select and tag at the site, those plants to be transplanted to new locations and place a marker indicating the new location of the trees. Size of Vermeer Spade, if used is to be large enough to encompass fibrous feeder roots of each plant, consistent with standard nursery sizes for plant being relocated. Rootball Size: Minimum 10 inches in diameter per 1-inch tree caliper. Prior to transplanting prune and thin the tree by removing interior branches and entangled limbs. Remove not less than 10% of all branching before digging but not more than 20%. Do not excavate tree pits more than 24 hours prior to transplanting. Use the same machine to dig receiving hole and to dig tree for transplanting. Excavated material shall be used to fill hole at tree's existing location (included in the cost of this pay item). After tree is placed in hole, immediately fill all crevices with sand and water to fill all voids. Install relocated tree a minimum of 2" above surrounding grade. Apply 4-inches of mulch across the surface of the rootball. Restore adjacent landscaping in-kind, as approved by the Engineer. After transplantation provide periodic watering and misting of main foliage. Apply certified arborist recommendation for fertilizer 30-45 days after installation. Stabilize tree (staking, bracing, tie-downs, etc, as approved by the Owner)from wind/weather. Contractor shall provide 2-year warranty beginning at the Period of Establishment(Article 253.14). Replacement would be with 2.5" caliper balled and burlapped trees of similar species installed per Section 253. Method of Measurement. This work will be measured on a per each basis for each tree installed per Article 253.16. Basis of Payment. This work will be measured and paid for at the contract unit price per each for TREE RELOCATION, UNDER 18"and TREE RELOCATION, 18"AND OVER per Article 253.17 as specified herein. SP-59 Bid Book Page 95 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 BAR GRATE FOR PRECAST REINFORCED CONCRETE FLARED END SECTIONS 54" Description. This work consists of furnishing and installing bar grate covering and appurtenances for the 54"end section as shown in the plans, as directed by the Engineer, and as described herein. Materials. Galvanized steel: according to the requirements of Article 1006.27(b). 3/16"x1 W. 19w4.Smooth Bar Grating. 75% Void space minimum. Bolts, nuts, and washers shall be according to the requirements of Article 1006.27(f). Cable loop hinge: 3/16" 7x19 galvanized cable meeting federal specification RR-W-41 OH. Heavy duty zip ties: white or natural color, 150 Ib min. tensile strength, non-reusable. General. Contractor shall submit sample of heavy duty zip tie prior to ordering material.Zip tie shall be able to be cut in half by hand with standard pocket knife. Cable loop hinge shall be secured from below. Method of Measurement and Basis of Payment. This work will be measured and paid for at the contract unit price per lump sum for BAR GRATE FOR PRECAST REINFORCED CONCRETE FLARED END SECTIONS 54" installed. BASIN ON-LINE DRAINAGE STRUCTURE, BURIED LID Description. This work consists of furnishing and installing PVC drainage structures in the detention basin, with buried solid lids in accordance with Section 602, as shown in the plans, as directed by the Engineer, and as described herein. General. Structures shall have pipe bell spigot joind to the main body of the drain basin. Pipe underdrain connections may be field cut into structure. Joint tightness shall conform to ASTM D3212 for joints for drain and sewer plastic pipe using flexible elastomeric seals. The flexible elastomeric seals shall conform to ASTM F477. Lids shall be solid, ductile iron, and water tight. Structures shall have an 8" sump below integral pipe invert. Method of Measurement and Basis of Payment. This work will be measured and paid for at the contract unit price per each BASIN ON-LINE DRAINAGE STRUCTURE, BURIED LID installed. IRRIGATION SPECIAL PROVISIONS PART 1- GENERAL 1.01 SUMMARY A. Section includes specifications and general provision for automatic irrigation system. 1.02 QUALITY ASSURANCE AND WARRANTY SP-60 Bid Book Page 96 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 A. The Contractor warrants to the Owner that the materials used and furnished for the project will be new and that the work will be good quality and free from defects for a period of one year from the date of final acceptance by the Owner. B. For a period of one year from the date of final acceptance of the work performed under this contract, the Contractor shall promptly furnish,without cost to the Owner, any and all parts and labor that should prove to be defective in material or workmanship. 1.03 JOB CONDITIONS A. Examine work in place on which this work is dependent. Defects which may influence the satisfactory completion and performance of this work shall be corrected in accordance with requirements of the applicable section of work prior to commencement of the work. Commencement of the work covered under this section shall be construed as the work in place being acceptable for satisfying the conditions of this section. B. Protection 1. Protect the work and adjacent work against damage during the progress of the work. 1.04 SCOPE OF WORK A. The work shall include all pipe, fittings, isolation valves, sprinkler heads, zone control valves, decoders, decoder field wiring, moisture sensors, irrigation controller, pump station, RPZ meter enclosure and other related items, as required to meet the provisions of this specification, and the plans for this project. B. Irrigation system component submittals shall be approved by the Irrigation Consultant before the Contractor begins installation of the irrigation system. C. Field staking of the irrigation system shall be the responsibility of Contractor. The irrigation consultant shall approve the field staking before the Contractor begins installation of the irrigation system. D. Unless otherwise specified, the plans and specifications are intended to include everything obviously requisite and necessary for the proper installation and completion of the work whether each necessary item is mentioned herein or not. 1.05 IRRIGATION CONTRACTOR QUALIFICATIONS A. The Irrigation Contractor shall have installed at least five (5) irrigation projects of similar size and scope within the last three years. The Contractor must submit, when requested, a listing of projects which meet this requirement along with the proper contact name, address and telephone number of the parties that can verify the information. SP-61 Bid Book Page 97 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 B. The Contractor shall designate a competent project superintendent and any necessary assistants to oversee the project for the entire phase of the installation. The superintendent shall have the authority to represent the Contractor in his absence and all directives given to the superintendent shall be as binding as if given to Contractor. C. The Contractor shall have a Plumber licensed in the State of Illinois to perform the water related to the water service to the irrigation pump station, RPZ, and meter. 1.06 CODES AND INSPECTIONS A. The entire installation shall fully comply with all local and state laws and ordinances, and with all the established codes applicable thereto. The Contractor shall be responsible for and take out all required permits, arrange for all necessary inspections and shall pay any fees and expenses in conjunction with the same as a part of the work under this contract. B. Work shall be performed in accordance with Illinois Standard Specifications for Water and Sewer Construction in Illinois. 1.07 TESTING THE SYSTEM A. The Contractor shall conduct a pressure test on the irrigation system upon completion of construction. 1.08 DRAWINGS OF RECORD A. After completion of the system installation, the Contractor shall furnish to the "Owner" "Drawings of Record" on D size paper showing all sprinkler heads, valves, wire splice boxes, pipelines, field controllers, and wire routes. D. Dimensions from two fixed points for all main line isolation valves, zone valves, water reel connections and wire splice boxes will be required on the "Drawings of Record". 1.09 INSTRUCTIONS A. After completion and testing of the system, the Contractor will instruct the Owner's personnel in the proper operation and maintenance of the system to the satisfaction of the Owner's grounds maintenance supervisor. B. Two sets of instruction sheets and parts lists covering all equipment incorporated into two Owner's manuals bound in three ring binders. PART 2- PRODUCTS 2.01 SPRINKLER EQUIPMENT A. All sprinkler heads shall be either of the gear driven variety for fixed spray type. SP-62 Bid Book Page 98 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 B. The athletic field sprinkler heads shall have the ability to be adjusted for either part or full circle operation from the top of the sprinkler. C. All sprinklers heads shall be of the pop-up type with spring retraction and easily serviced from the top. D. The athletic field sprinkler heads shall have plastic risers. E. The sprinkler body shall have an accessible screening device. F. Sprinklers shall perform with regards to the diameter of throw and volume at a given pressure as specified on the plans. G. Electric zone valves shall be hydraulically operated diaphragm type and actuated via 24 volt solenoid. H. Quick coupler valves shall be as specified on the plans with 1-inch IPS female thread inlet and a 1-inch key outlet and as manufactured by Toro, Model 474-03 or equal. The Contractor shall provide the Owner with three quick coupler keys equipped with 1"fpt x 1" mht hose and three locking cover keys. I. Sprinkler heads shall be as manufactured by Toro, Model TS90TP-02-4 or equal. J. Electric zone valves shall be as specified on the plans and manufactured by Toro, Model P-220 or equal. 2.02 CONTROL SYSTEM A. A single solid state controller utilizing zone valves and two wire decoders shall be installed to operate the athletic field irrigation system. Toro Model Evolution#EVO- 4-OD-8-SC or equal. B. The controller shall have minimum capacity of 8 stations. Each station shall be capable of timing from 0 to 120 minutes. C. The controller shall have the capacity to provide 3 independent schedules with up to 4 starts per day per schedule. D. The controller shall be programmable on either a time based 7 day cycle of selected intervals or sensor controlled to begin and terminate irrigation based on soil moisture levels. E. The controller shall have a water budget feature adjustable from 25 to 200 percent. F. The controller shall be wall mounted in the pump station enclosure. G. The automatic controller shall be as indicated on the plans and as manufactured by the Toro Company. SP-63 Bid Book Page 99 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 H. The zone valve decoders shall be as indicated on the plans and as manufactured by the Toro Company or equal. I. The weather sensor shall be as indicated on the plans and as manufactured by the Toro Company or equal. J. The soil sensor shall be indicated on the plans and as manufactured by the Toro Company or equal. 2.03 ATHLETIC FIELD WIRE AND FITTINGS A. The decoder communication wire shall consist of two tin coated 14 gauge copper conductors. Each conductor shall be insulated with PVC and the pair contained in a high density polyethylene jacket suitable for direct burial. B. All wire splices are to be made with full size wire nuts and moisture proof splice kits for use with three (3) wires maximum. C. The decoder communication cable shall be equipped with surge arrestors and ground electrodes per the plan and plan details. The surge arrestor shall be Baseline Systems Model BL-LA01. The ground electrodes shall be rod 5/8" by 8 foot copper clad ground rods with #8 bare solid copper wire between the sure arrestor and the ground rod. Connection of the#8 bare wire to the ground rod shall be with Cadweld one shot. D. All wire and cable shall be furnished in minimum 2,500' reels. E. All wire shall be as manufactured by Regency Wire and Cable, Paige Electric or equal. F. The moisture proof wire splice kits shall be shall be 3M DB series. 2.04 PIPE AND FITTINGS A. All pipe shall be manufactured from virgin polyvinyl chloride resin, and meet ASTM D1784, ASTM D2241, and Product Standard 22 for PVC pipe. B. All PVC pipe shall be furnished in 20'-0" lengths. All 3-inch pipe and larger shall have one end belled for push joint connection and meet ASTM D3239 for joint and gasket specification. All 2-inch and smaller pipe lateral line pipe shall have one end belled for solvent weld connection. C. All PVC pipe shall be pressure rated @ 200# (PSI)for continuous service @ 73 F., and meet SDR-21 dimension ratio for wall thickness. D. All pipe fittings 3-inch and larger shall be ductile iron, bituminous coated type for gasket joint connection to the pipe. All pipe fittings 2-1/2" and smaller shall be Schedule 40 pressure rated @ 200# (PSI), and constructed for solvent weld attachment to PVC pipe. SP-64 Bid Book Page 100 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 E. PVC gasket joint service tees may be used for connection of the zone control valves and quick coupler valves to the main line pipe. F. All Schedule 40 fittings shall be full sized. Any required reduction of pipe size shall be accomplished with slip by slip or slip by female pipe thread reducer bushings. Molded reducing type fittings will not be accepted. G. All athletic field sprinkler heads shall be installed with pre-assembled 0-ring type swing joints, with full 360 degree adjustment in three planes. Swing joints shall be as manufactured by Toro, Lasco, Spears or equal. H. All small turf sprinklers shall be installed on pipe swing joints per the plan details. I. All PVC pipe shall be as manufactured by Cresline, Eagle, Northern, Freedom or equal. J. The ductile iron fittings and PVC service tees shall be as manufactured by Harrington Corporation or equal. The PVC schedule 40 solvent weld fittings shall be as manufactured by Cresline, Spears, Lasco or equal. K. Irrigation main line bored and pulled shall be coilable HDPE pipe, SDR 21 (min.). 2.05 VALVES AND ACCESS BOXES A. The athletic field system isolation valve shall be AWWA approved iron body resilient seat wedge disc, non-rising stem with a square operating nut and gasket joint hubs sized for IPS PVC pipe. B. The quick coupler isolation valve shall be a quarter turn brass ball valve. C. All isolation valves shall be as manufactured by Matco-Norca, American Flow Control, Waterous, Nibco or equal. The Contractor shall provide the owner with one isolation valve operating keys. D. Valve boxes for control valves, quick couplers, and main line isolation valves shall be polymer concrete, Tier 8 or equal loading, with bolted and gasketed lid and `IRRIGATION' logo on lid. Green in color in landscape/grass area. Grey/Concrete in color in concrete. Valve boxes shall be manufactured by Quazite or equal. E. Ground rod boxes shall be 6-inch economy boxes with green covers. F. Drainage Backfill: Cleaned gravel or crushed stone, graded from%-inch minimum to 1-inch maximum. Depth of stone shall be a minimum of 12 inches. 2.06 PUMP STATION A. Water for the athletic field irrigation system shall be drawn from the municipal water supply and pressure boosted by a prefabricated pump station equipped with a single centrifugal pump. The pump shall be controlled by a dedicated variable frequency SP-65 Bid Book Page 101 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 drive for pressure regulation. The pump station shall have the capacity to provide a pressure boost of 50 psi at a flow of 200 GPM. B. Power to the pump station disconnect shall be 208 VAC three phase. C. Operational Scope 1. The pump will be soft started by the VFD and used to maintain irrigation system pressure between an adjustable high and low system set point, and for pressure regulated low flow demands up to the full capacity of the pump. 2. The pump station will be equipped with the following features: • External mounted NEMA 3R service rated main disconnect panel • U.L listed control panel • Microprocessor controlled sequencing of pump • Multi-line operator interface display featuring: Flow readout Pressure readout Flow totalizer Elapsed run time display • Alarm conditions with safety shutdown: Low discharge pressure shutdown High discharge pressure shutdown VFD fault shutdown High pump temperature shutdown • Overload, single phase, phase imbalance/low voltage protection • Surge protection for main station and solid state controls • Variable Frequency Drive pressure regulation • Pressure start • Hand/off/auto selector switch • Full flow bypass piping with (3) isolation valves inside • Stainless steel pressure transducer • Data Industrial 220B flow sensor mounted inside enclosure • 1 ea. 15 HP, 3600 RPM horizontal centrifugal pump and ODP motor. Pump to be cast iron with a bronze impeller and mechanical seal. • Silicone filled pressure gauges with isolation valve on suction and discharge piping • Station discharge isolation valve • 4" FL fabricated steel discharge drop pipe with swivel connection, 1" min dia. blowout port • 4" FL fabricated steel inlet drop pipe with swivel connection • Force fan air cooled ventilated 14 gauge steel pump station enclosure and steel base painted with lockable access cover • Baked and cured two part polyurethane ultraviolet insensitive paint • Factory certified dynamic run testing of pump station up to full flow and pressure prior to shipment • One operator and maintenance manual SP-66 Bid Book Page 102 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 • One year limited warranty on mechanical and electrical components • Access to Watertronics customer service technical phone support, technicians on call 24/7 • Access to Watertronics factory authorized service technician • Relay start, 4 controllers D. The pump station shall be a Watertronics Model WMBV-5000-2-15-208-3-200-50 or equal. 2.07 METER, BACKFLOW PREVENTION DEVICE AND ENCLOSURE A meter and backflow prevention device shall be furnished and installed as shown in the details on the plans. Meter shall be coordinated with the Village requirements. Backflow preventer shall be a reduce pressure zone (RPZ)device as manufactured by Conbraco or equal. Enclosure shall be an aluminum enclosure as shown on the Drawings as manufactured by StrongBox or equal, sized to enclose the entire assembly shown in detail. Gate Valves shall be ductile iron, non-rising stem by Matco-Norca or equal. Ball Valves for quick coupler shall be quarter turn ball valves with cast iron or bronze body. Y Strainer shall be Matco-Norca or equal. Meter shall be high performance turbine meter by Sensus, Neptune, Watersense, Invensys or equal. Enclosure shall be mounted to concrete pad as shown on Drawings. 2.08 WATER SERVICE CONNECTION Connection to the existing Illinois American Water supply main on Burning Bush Lane as shown on drawings. Contractor to coordinate location of service and stop valve with the Village of Mount Prospect and Illinois American Water. The connection, domestic water service box, and curb stop to adhere to the Illinois American Water standards, Standard Specifications for Water and Sewer Construction in Illinois. 2.09 VALVE IDENTIFICATION TAGS Pre-printed plastic tags with minimum text height of 1", capable of being attached to valve stem or valve wire within valve box as manufactured by Christy's or equal. PART 3- EXECUTION 3.01 SPRINKLER EQUIPMENT A. All sprinkler heads shall be installed per the manufacturer's instructions and the plan details. B. Each quick coupler valve shall be installed per the manufacturer's instructions and the plan details. 3.02 CONTROLS SP-67 Bid Book Page 103 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 A. The controller shall be installed per the manufacturer's instruction and the plan details. B. Grounding and surge protection for the controller and decoder communication cable shall be per the manufacturer's recommendations and the plan details. C. Controller shall be mounted inside proposed irrigation system pump station. 3.03 WIRE AND FITTINGS A. Control cable may be laid in the open cut trench beside irrigation pipe, down fed in the pipe pulling operation, or in a separate pulling operation. Cable when laid with pipe pulling operation, must be "down fed" to minimize any tendency to stretch the wire or PVC insulation. B. Slack must be provided for expansion or contraction and tensile stress must be avoided during installation. C. In the event a cable must be routed under a roadway, it shall be installed in a sleeve with the pipe. 3.04 PIPE AND FITTINGS A. Installation for all PVC main line piping shall be open cut trench. A#10 AWG trace wire shall be installed with all trenched and bored and pulled pipe. B. Installation for all PVC lateral piping shall be either open cut trench or vibratory plow. C. All PVC main line piping shall be a installed a minimum of 24 inches below surface grade. D. All PVC piping lateral piping shall be a installed a minimum of 16 inches below surface grade. E. All piping installed in an open cut trench is to be covered with the trench spoils. F. Unsuitable excavated material shall be removed from the work area and disposed of on site by the Contractor. G. All solvent weld joints are to be completed using a high etch PVC primer and a heavy body PVC cement. H. All piping, valves and fittings are to be adequately supported, anchored, braced or strapped to withstand hydraulic thrust even though such supports are not shown on the drawings. Special attention shall be performed to ensure that the thrust block mass is adequate to restrain pipe, fitting, or valve movement. SP-68 Bid Book Page 104 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 I. All horizontal bends on main lines shall be buttressed with either poured concrete or concrete block at all changes of direction. Concrete buttress dimensions shall be determined in the field by the Irrigation Contractor. J. Additional supports, as recommended by the pipe manufacturer, shall be installed to manufacturer's requirements. K. Pipe interiors must be cleaned before installation and kept clean by the use of test plugs or duct tape. L. It shall be the responsibility of the Contractor to provide adequate protection to compensate for expansion or contraction of the plowed pipe during installation. Plowed pipe should be provided with adequate time to adjust to ground temperature before any connections are made. M. In the event a pipe must be routed under a walk or roadway, it shall be installed in a schedule 40 PVC sleeve. N. The sleeves shall be two pipe sizes larger than the pipe it is to contain. If the sleeve is also contain wire, then it shall be two pipe sizes larger than the pipe it is to contain. 3.05 VALVES AND ACCESS BOXES A. All valves and valve boxes shall be installed per the plan details. B. Valve boxes shall be notched to fit over the pipe. 3.06 PUMP STATION A. The pump station shall be installed on a poured or precast concrete slab and installed per the manufacturer's instructions and the plan details. 3.07 BACKFILL A. Backfill shall be suitable excavated material free from rock and debris. B. All trenches shall be settled by mechanically compacting in six inch layers immediately after the backfill has been placed. Care shall be taken not to disturb the pipe or its foundation. C. All open trenches shall be filled the same day as they are opened except where required for continuation of work the following day. Pipe in open trenches shall be protected from damage or vandalism. 3.08 TURF RESTORATION A. All restoration of turf shall be the responsibility of the Contractor. SP-69 Bid Book Page 105 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 B. The existing turf(or seeded as shown elsewhere in plans at direction of Engineer)., on all open cut trenches and other excavations be stripped, rolled, stored and replaced the same day C. The restored turf/seed shall be maintained by the Contractor until final acceptance of the system by the owner. D. Restored turf/seed that fails to survive until final acceptance of the system, by the Owner, must be replaced by the Contractor with new sod at no additional cost to the Owner. E. Pipe pulls are to be rolled or tamped to the original grade. 3.09 CLEANING THE PREMISES A. The Contractor shall at all times keep the premises on which the work is being done, and the adjoining premises, clean of rubbish caused by his work. B. Upon completion of the job, Contractor shall clean up all soil and debris caused by his work and leave the job in a neat and clean condition. All debris removed from the job shall be taken away from the premises at the Contractor's expense. 3.10 SYSTEM WINTERIZATION A. This irrigation system is designed to be winterized by purging the water from the piping system and control valves through the sprinkler heads via the induction of high volume compressed air with a minimum 300 to 400 CFM air compressor. B. After closing the water supply valve, a trailer mounted, gas driven compressor can be attached to the irrigation system main line. C. As part of this contract, the Contractor shall winterize this system in the fall succeeding installation and put the system back into operation in the spring. The cost of renting the air compressor for winterizing the irrigation system shall be the responsibility of the Contractor. D. This winterization and spring start up requirement shall be utilized to train the Owner's grounds maintenance personnel in the proper procedure of same. PART 4- MEASUREMENT AND PAYMENT The work shall be paid for at the contract unit prices for the following,which shall be payment in full for all work described in this Section. Base IRR-BASE-001 ROTARY SPRINKLERS, 80' RAD. @ 90 PSI EACH IRR-BASE-002 AUTOMATIC ELECTRIC CONTROL VALVES (AECV) EACH SP-70 Bid Book Page 106 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 IRR-BASE-003 4" MANUAL ISOLATION VALVES EACH IRR-BASE-004 12"x12"x18"D COMPOSITE CONCRETE HANDHOLE, TIER 8 (MIV + QC) EACH IRR-BASE-005 11"x17"x18"D COMPOSITE CONCRETE HANDHOLE, TIER 8 (AECV) EACH IRR-BASE-006 1" SDR 21 HDPE SPRINKLER PIPING FOOT IRR-BASE-007 3" SDR 21 HDPE SPRINKLER PIPING FOOT IRR-BASE-008 4" SDR 21 HDPE SPRINKLER PIPING FOOT IRR-BASE-009 QUICK COUPLER EACH IRR-BASE-010 IRRIGATION CONTROLLER, RAIN GAUGE & SENSORS L SUM IRR-BASE-011 IRRIGATION CONTROL WIRE L SUM Alternate No. A IRR-ALTA-012 RPZ, WATER METER, PIPING, AND FITTINGS L SUM IRR-ALTA-013 RPZ AND METER ENCLOSURE L SUM IRR-ALTA-014 IRRIGATION PUMP STATION L SUM IRR-ALTA-015 ELECTRIC SERVICE TO IRRIGATION PUMP STATION L SUM IRR-ALTA-016 PRESSURE CONNECTION TO EXISTING MAIN L SUM IRR-ALTA-017 WATER SERVICE B-BOX&VALVE L SUM IRR-ALTA-018 4" DUCTILE IRON PIPE, CLASS 52 FOOT IRR-ALTA-019 PIPING MODIFICATIONS TO IRRIGATION PUMP L SUM WATER WELL PART 1- GENERAL 1.01 DESCRIPTION A. Work Specified Herein and Elsewhere 1. Work under this Section includes: SP-71 Bid Book Page 107 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 a. Well drilling b. Well casing C. Well pump testing d. Well plumbness and alignment e. Sampling and analyzing well test pump water f. Keeping of records and samples g. Well construction program h. Disinfection, testing, and protection of finished water well i. Well development with air lifting and surging j. Well development by shooting k. Well capping I. Well abandonment 1.02 PERMITS, CERTIFICATES, LAWS AND ORDINANCES All permits, certificates and licenses required by law for the execution of the work shall be obtained in accordance with Division 1. All work shall be done in accordance with the Illinois Water Well Construction Code Rules and Regulations No. 4.719 published by the State of Illinois, Department of Public Health, Division of Sanitary Engineer, and shall comply with all federal, state, or local laws, ordinances, rules and regulations. 1.03 WELL CONSTRUCTION PROGRAM The Well Construction Program included in this specification allows for the independent evaluation of the shallow limestone and deep sandstone aquifers encountered as the well is constructed. The Well Construction Program allows options for the well construction at strategic points in the project. The purpose of providing the optional construction indicated is to allow the well to be constructed to provide a viable water supply without requiring advanced treatment process if the water in the aquifers is available to do so. 1.04 LOCATION AND ANTICIPATED WELL LOG A. The well is to be located as indicated on the Drawings. B. Information regarding sub-surface conditions was derived from logs of wells in the vicinity and is intended to assist the Contractor in preparing its Bid. The Owner and the Engineer do not guarantee the accuracy of the anticipated well log or that the log is necessarily indicative of all conditions to be encountered in drilling the well. Differences between the actually encountered drilling conditions and the anticipated conditions shall not relieve the Contractor from any responsibility of fulfilling the terms and requirements of the Contract. 1.05 BOUNDARIES OF WORK A. The Owner will provide land or rights-of-way for the work specified herein. 1.06 PROTECTION OF SITE SP-72 Bid Book Page 108 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 A. The Owner will permit the Contractor to dig suitable pits at the well site for storage of water necessary for drilling and for the deposit of material excavated from the well. Contractor shall stockpile topsoil separately from underlying materials encountered during the construction of the pits. After completion of the well, the pits shall be cleaned of all cuttings, drillings, debris, etc., filled in lifts with approved backfill materials and compacted until the pits are returned to the original grades. The pits shall not be located in the influence area of any planned structure, driveway or surface improvement(refer to the Site Plan)without special written permission from the Owner and special fill and compaction requirements provided at the Contractor's expense. B. Except as otherwise noted, the Contractor shall protect all structures, trees, shrubbery, and lawns during the progress of its work; shall remove from the site all cuttings, drillings, debris and unused materials; and shall upon completion of the work, restore the site as nearly as possible to its original condition. Water pumped from the well shall be conducted to a place approved by the Engineer where it is to be released without damage to property or the creation of a nuisance and where it cannot flow back into the well. 1.07 COMPETENT WORKMEN A. The Contractor shall employ only competent workmen for the execution of his work, and all work shall be performed under the direct supervision of an experienced well driller satisfactory to the Engineer. 1.08 SAMPLES AND ANALYSES A. The Contractor shall be responsible to collect and have an IEPA certified laboratory perform a mineralogical and radiological analysis of the well test pump water. The tests shall include all parameters required by the IEPA necessary to permit the well completion and provide an operating permit for the well. The Contractor shall provide the certified laboratory number for the laboratory to be used. The Contractor shall also coordinate all necessary arrangements for the proper collection of the test water including providing any special bottles, sample collection and sample transportation required by the laboratory. B. A water sample shall be collected by Contractor during the pumping test and submitted to the Illinois State Water Survey. The Illinois State Water Survey (a certified laboratory) will perform a mineralogical evaluation of the water (free of charge). The results of the evaluation shall be made available to the Owner. C. Private Laboratory Analysis. If the well is finished in the deep sandstone formation, the well test pump water must be tested for parameters not evaluated in the Illinois State Water Survey test. The Contractor shall secure the services of a private IEPA certified laboratory to perform these tests.The parameters to be tested and reported are Lead (Pb)mg/L, Radium 226 pCi/L, Radium 228 pCi/L, Gross Alpha Particle Activity pCi/L. D. The Owner may direct the Contractor to have a private IEPA certified laboratory perform duplicate mineralogical tests performed by the Illinois State Water Survey. If SP-73 Bid Book Page 109 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 such testing is ordered, it is the Owner's intention to significantly improve the time required to receive the mineralogical test results.The parameters to be reported are Iron (total Fe) mg/L, Manganese (Mn) mg/L, Calcium (Ca) mg/L, Magnesium (Mg) mg/L, Sodium (Na) mg/L, Barium (Ba) mg/L, Copper (Cu) mg/L, Zinc (Zn) mg/L, Fluoride (F) mg/L, Nitrate (as NO3) mg/L, Chloride (CI) mg/L, Sulfate (SO4) mg/L, Turbidity NTU, Color PCU, Odor,Alkalinity(as CaCO3)mg/L, Hardness(as CaCO3) mg/L, Total Dissolved Materials mg/L. Note: If the well is finished in the deep sandstone well the requirements listed in paragraph C also apply. E. Field Testing. For the shallow limestone test pump only,the Contractor shall provide the services of an IEPA certified laboratory field technician to perform on site during the pump test sample collection and field testing of the water for the parameters listed.The Owner will utilize the results in its evaluation of the shallow limestone well and in the decision to continue the well into the deep sandstone. The parameters to be tested are: Iron (total Fe) mg/L, Manganese (Mn) mg/L, Hardness (as CaCO3) mg/L, pH and Sulfur (S) mg/L. 1.09 SAMPLES AND RECORDS (ILLINOIS STATE GEOLOGICAL SURVEY) A. The Contractor shall furnish to the Illinois State Geological Survey, Natural Resources Building, Urbana, Illinois, the following information: 1. A driller's lot recording all information encountered in drilling, including location or depth of opening, soft or broken ground,water bearing strata and static water level, and record of drilling procedures. 2. Cementing and casing records. 3. Sample cuttings from any drilling shall be saved at five foot intervals and shipped via truck or railway freight collect to the Illinois State Geological Survey. B. Sample sacks and log books will be furnished by the State Geological Survey upon request. All samples shall be clearly labeled with the well location, Owner's name, driller's name and depth of sample. C. This work shall be considered incidental to the contract, and will not be paid for separately. 1.10 PROTECTION OF QUALITY OF WATER A. Take precautions to prevent contaminated water or water having undesirable physical or chemical characteristics, gasoline, or any other contaminant from entering the well or the stratum from which the well is to draw its supply, either through the opening or by seepage from the ground surface. B. In the event that the well become contaminated or that water having undesirable physical or chemical characteristics enters the well because of the neglect of the Contractor, Contractor shall, at its own expense, perform such work or supply such casings, seals, sterilizing agents or other material as may be necessary to eliminate the contamination or shut off the undesirable water. SP-74 Bid Book Page 110 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 C. Exercise extreme care in order to prevent the breakdown or caving in of strata overlying that from which the water is to be drawn. Pump or bail the well by such methods as may be approved by the Engineer, until the water pumped from the well shall be substantially free from sand and until the turbidity is less than 5 NTU. 1.11 PROTECTION OF SURROUNDING WELLS A. Contractor shall survey the private and public wells in the vicinity of the proposed potable water well and shall implement all precautions necessary to prevent detrimental effect to those wells. B. Should any surrounding well experience detrimental effects as a result of the construction of the potable water well, the Contractor shall implement, at his own expense, all necessary measurers to correct the damage. 1.12 DESCRIPTION OF WELL A. Desired Well Characteristics: The intent of these Specifications is to provide for a potable water supply well to be used as a water supply source for both potable water and irrigation. It is intended that the well provide a minimum safe yield of 200 gallons per minute. The intent is to construct a well which produces water quality meeting all regulatory requirements without treatment processes beyond chlorine disinfection. It is intended that the water quality, beyond the regulatory requirements, not cause consumer complaints related to the water's color or odor, such as sulfur odors or iron staining. B. Shallow Limestone or Deep Sandstone Well: The drilling program is defined to allow construction of a shallow limestone well should the shallow well produce water of sufficient quantity and quality. If the shallow limestone well does not produce water of sufficient quantity and quality, the drilling program shall be continued, at the Owner's direction, to construct a deep sandstone well. PART 2- PRODUCT 2.01 GENERAL Dimensions shown for the type of well are nominal.The Contractor shall not reduce the nominal dimensions of the drill openings without the written authorization of the Owner. 2.02 DETAILS OF PRODUCT CONSTRUCTION A. Well Casing and Liner Pipe:All pipe shall be truly circular in cross sections, shall be new wrought steel line pipe of ASTM A-53, orAPI 5-1-Grade B mill specification with welded connections. Each length of casing shall have the mill specification stencils visible on the exterior in a legible form to be accepted under these Specifications. The bottom of all casing pipe and the top and bottom of all liners shall be fitted with a steel drive shoe to protect the ends of the casing and linear pipe from damage. B. Casings shall be provided in accordance with the more stringent standard for SP-75 Bid Book Page 111 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 external and internal diameters, thickness and weight per foot as shown in the latest version of AWWA-A100 or"Recommended Standards for Water Work"(Ten States Standards) latest version. C. Grout: 1. Neat Cement Grout: Cement and water in proportion of 1 bag (94-Ig) Portland cement to 5 to 6 gal. clean water. Slurry weight of 15.6 lbs per gal. 2. Mix design, method of mixing and consistency of grout shall be approved by Engineer. 3. Cement grout admixtures may be used to increase fluidity, reduce shrinkage or control time of set. Use of admixtures shall be approved by IEPA and Engineer. 4. Up to 6% bentonite by weight may be added to mixture. 5. Grout shall conform to the requirements listed in "Recommended Standards for Water Works" (Ten States Standards) latest edition. PART 3- EXECUTION 3.01 WELL DRILLING PROGRAM A. Shallow Limestone Well Construction 1. A 17-inch diameter hole shall be drilled through the glacial drift approximately 3-feet into the top of limestone. Anticipated depth is approximately 98 feet. 2. A 3/8-inch wall thickness 12-inch diameter welded steel well casing shall be installed and driven into the limestone. Top of casing shall be 2 feet above existing grade. Anticipated length is approximately 100 feet. 3. The annular space between the 12-inch casing and the 17-inch drill hole shall be sealed by pressure grouting. Grout shall be allowed to set for 72 hours before resuming drilling operations. Grouting shall have a cement shoe. 4. An 11 3/4-inch diameter hole shall be drilled through the limestone formation approximately 10-feet into the underlying shale formation. Anticipated depth is approximately 285 feet. 5. Drilling operations shall be suspended and the shallow limestone formation shall be test pumped, sampled and analyzed. The results of the shallow limestone pumping test (quantity) and chemical analysis (quality) shall be reported to the Owner immediately as they become available. The Contractor shall furnish to the Owner a report summarizing the data required from the shallow limestone pump and quality tests, and shall provide to the Owner the Contractor's recommendation to either continue drilling operations for the construction of a deep sandstone well, or terminate drilling operations and finish the well in the shallow limestone formation.The Owner shall consider the Contractor's recommendation and shall select the next work course and direct the Contractor accordingly. B. Deep Sandstone Well Construction (Optional Well Construction as Directed During Construction by the Owner). SP-76 Bid Book Page 112 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 1. This Work is to be constructed only under Owner's direction to proceed and commences with the shallow limestone well defined in Paragraph A above, already in place. 2. The 11 3/4-inch diameter hole shall be continued through the shale formation approximately 3-feet into the underlying dolomite formation. Anticipated depth is 410 feet. 3. A 3/8-inch wall thickness 10-inch diameter welded steel well casing shall be installed from 2-feet above the ground surface through the entire depth of the 11 3/4-inch diameter hole. Anticipated length is 412 feet. 4. The annular space between the 10-inch casing, the 12-inch diameter drill hole and the 12-inch upper casing shall be sealed by pressure grouting. Grout shall be allowed to set before resuming drilling operations. 5. A 9 3/4-inch diameter hole shall be drilled from the bottom of the 10-inch casing through the St. Peter Sandstone approximately 10-feet into the shale underlying the St. Peter sandstone. Anticipated depth is 1,000 feet below the ground surface. 6. The deep sandstone test pump shall be furnished and installed, and the sandstone formation shall be test pumped, sampled and analyzed. 3.02 WELL CONSTRUCTION A. Drill well using conventional rotary drilling method. Acceptable drilling fluids are fresh water and air. No artificial or natural clay may be used during drilling of the lower drill hole. B. Temporary casing installation is at the Contractor's option and expense. C. Conduct plumbness and alignment testing as often as necessary to assure compliance with the herein specified requirements of Paragraph 3.03. 3.03 PLUMBNESS AND ALIGNMENT A. The well hole shall be constructed and the casing set round, plumb and true to line, as specified herein. To demonstrate the compliance of its work with this requirement, if directed by the Owner,the Contractor shall furnish all labor,tools and equipment, and shall make the tests described herein to the satisfaction of the Engineer. Tests for plumbness and alignment shall be made intermittently during well construction as required and after complete construction of the well and before its acceptance. Any plumbing and alignment tests, including those which may be performed by the Contractor during the performance of the work shall be appropriately documented. The cost of plumbness and alignment testing directed by the Owner shall be paid per the Schedule of Prices and as specified herein. The cost of plumbness and alignment testing performed at the discretion of the Contractor is considered incidental. B. Plumbness and alignment shall be tested, if requested, by lowering into the well to a depth of 700 feet a section of pipe 40 feet long, or a dummy of the same length.The outer diameter of the plumb shall not be more than '/2 inch smaller than the diameter of that part of the casing or hole being tested. If a dummy is used, it shall consist of SP-77 Bid Book Page 113 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 a rigid spindle with three rings, each ring being 12 inches wide. The rings shall be truly cylindrical and shall be spaced one at each end of the dummy and one right in the center thereof. The central member of the dummy shall be rigid so that it will maintain the alignment of the axis of the rings. C. Should the pipe or dummy fail to move freely throughout the length of the casing or hole to a depth of 750 feet, or should the well vary from the vertical in excess of two- thirds the smallest inside diameter of that part of the well being tested per 100 feet of depth, the plumbness and alignment of the well shall be corrected by the Contractor at his/her own expense, and should the Contractor fail to correct such faulty alignment or plumbness, the Engineer may refuse to accept the well. The Engineer may waive the requirements of this paragraph for plumbness, if, in the Engineer's judgement, (a) the Contractor has exercised all possible care in constructing the well and the defect is due to circumstances beyond the Contractor's control; (b)the utility of the completed well will not be materially affected;©the cost of necessary remedial measures will be substantially excessive and there would be no economic gain. In no event shall the provisions of this paragraph with respect to alignment be waived. 3.04 GROUTING A. Prior to placing grout, circulate bentonite through entire annular opening to seal crevices or open space in surrounding formation. Do not begin grouting until circulation is achieved. B. Grout by placing grout shoe at bottom of inner casing. Place grout feed pipe inside of inner casing and connect to grout shoe. Force grout down feed pipe under pressure and upward into annular space. Continue grouting until Engineer approves consistency of grout flowing from annular space. Measure grout level between linear casing and native formation using a bailer or other method approved by Engineer. C. Should solution channels or caverns exist which make it impractical to circulate grout to the ground surface, Contractor's obligation shall be fulfilled when a grout amount equivalent to 140 percent of the calculated volume required to fill the annular space has been pumped into the annular space. In this event finish grouting from surface by installing a tremie pipe in the annular space and force grout up to the ground surface. D. Grout continuously to ensure entire filling of annular space in one operation. E. Allow grout to set minimum 72 hours before proceeding with well construction. 3.05 TEST PUMPING (YIELD AND DRAWDOWN) A. As indicated in the Well Construction Program pumping tests are required at various points in the construction of the well. Before any test, the well shall be cleaned of construction debris and its depth accurately measured. Notify the Engineer at least 24 hours before beginning any pumping test. B. Furnish and install the necessary pumping equipment for the indicated SP-78 Bid Book Page 114 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 characteristics. Shallow Limestone Formation Test Pump: Maximum pumping capacity 200 GPM Minimum capacity with throttling 50 GPM Pump setting 250 Feet Deep Sandstone Test Pump Maximum pumping capacity 350 GPM Minimum capacity with throttling 50 GPM Pump setting 750 Feet Each pumping unit shall be capable of being operated without interruption for a period of 48 hours. The anticipated period for the test pumping is 24 hours. C. Variation in pumping rate shall be controlled by the use of a gate valve, butterfly valve, or plug valve in the pump discharge line. The throttling valve shall be located a minimum of ten pipe diameters from the discharge point. The discharge line and flow control valve shall be sized so that the valve is approximately one-half to three- quarters open when pumping at the maximum specified rate. D. Furnish all necessary discharge piping for the pumping unit which shall be of sufficient size and length to conduct the water being pumped to a discharge point approved by the Engineer. Furnish, install and maintain a calibrated orifice plate with direct read flow rate or sweep hand for measuring the flow of water. To measure the elevation of the water level in the well, an air line(s) complete with gauge, hand pump, and check valves shall be provided. E. At least 24 hours before testing is started, operate the test pump in the well for a sufficient length of time to determine that the pumping unit and well performance meets anticipated test conditions of water level and pumping rate. Pump at maximum yield rate to extract the maximum quantity of sand through the formation. F. The test shall consist of two parts: a constant rate test and a recovery test. Before the test is begun, the regional water level trend shall be established by measuring static water levels in the well every 10 minutes for a period of at least 1 hour before testing. G. The constant rate test shall consist of pumping the well continuously at a constant rate approved by the Engineer and measuring the water level decline with time for a period measured according to the following schedule: every 1 minute up to 10 minutes, every 5 minutes up to 40 minutes, every 10 minutes up to 100 minutes, ever 50 minutes up to 300 minutes, every 60 minutes to test completion. H. The recovery test shall begin immediately following the constant rate test. Water levels in the well shall be measured after pumping has stopped according to the schedule used in the constant rate test for a period of at least 1 hour. SP-79 Bid Book Page 115 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 I. At the end of the pumping test the Contractor shall collect four one quart water samples and shall send one sample to the Illinois State Water Survey for mineral analysis(see other test requirements included in this section). The remaining quart samples shall be available for Owner's use. J. The Engineer reserves the right to require additional pumping tests during and after construction, as is deemed necessary. All tests shall be conducted with similar equipment and in a manner similar to that described herein. K. After completion of the final test, the Contractor shall remove by bailing, sand pumping, or other methods any sand, stones or other foreign material that may have become deposited in the well. 3.06 WATER QUALITY ANALYSIS A. The water received during each pump test shall be sampled and laboratory analyzed as detailed in Section 1.08 of this Specification. B. The water received during the shallow limestone pump test shall be sampled and field analyzed by a certified laboratory field technician as detailed in Section 1.08 of this Specification. 3.07 DISINFECTION A. Before test pumping, the well and test pump shall be disinfected with a chlorine solution. The chlorine solution shall be of such volume and strength and shall be so applied that a concentration of at least 50 parts per million of chloride shall be obtained in all parts of the well. Chlorine solution shall be prepared and applied to the satisfaction of the Engineer and shall remain in the well for a period of at least 24 hours before conducting pumping tests. B. Overdosing requirement: If the samples continue to show bacteriological contamination, the Contractor shall prepare and apply to the entire depth of the well a total volume of the chlorine solutions equal to at least four times the volume of water in the well and shall allow this solution to remain in the well for a period of at least 24 hours. 3.08 WELL DEVELOPMENT A. Air Lifting and Surging 1. If the specific capacity is not acceptable, well development by air lifting and surging will be considered. Air development and surging is a well development option included in the bid line items which requires authorization by the Owner prior to implementation. 2. Air development shall employ the use of compressed air to surge and air lift pump and/or air pressurize the well. The Contractor shall furnish all equipment of adequate size and labor to effectively air develop the well. Surge and air lift pumping cycles shall continue in each development zone until the water is relatively clear. SP-80 Bid Book Page 116 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 B. Shooting and Cleaning Out Well 1. If the specific capacity is not acceptable, well development by shooting and cleaning will be considered. Shooting and cleaning is a well development option included in the bid line items which requires authorization by the Owner prior to implementation. 2. The exact location and the amount of various shots to be made will be determined by the Contractor and reviewed by the Engineer.The Contractor shall comply with local and state ordinances in conducting this operation. 3. After the shooting has been completed, the well is to be bailed and cleaned out to the original drilled depth, and an additional pumping test conducted. 4. All work with explosives shall be done only by licensed and qualified personnel in strict accordance with State and Local Codes. The explosive shall be high shattering power, equivalent to 80% high velocity gelatine dynamite, but shall not fuse the rock forming the well's walls and thus decrease the transmissibility of the rock. It shall be of a type which will be certain to detonate under the head of water existing at the shot location. The Contractor shall obtain from the explosives manufacturer, and transmit to the Engineer, a statement showing conformance with the above requirements. 3.09 WELL PROTECTION At all times during the progress of the work, Contractor shall protect the well in such a manner as effectively to prevent either tampering with the well, or the entrance of foreign matter into the well, and upon completion of well construction,the Contractor shall provide and install a substantial screwed,flanged or welded cap satisfactory to the Owner. 3.10 TEMPORARY CAPPING A. At all times during the progress of the work, the Contractor shall protect the well in such a manner as necessary to prevent either tampering with the well, or the entrance of foreign material into it. Upon completion of the well, the Contractor shall provide and set a substantial screwed, flanged or welded cap satisfactory to the Engineer. 3.11 ABANDONMENT If the well must be abandoned for any reason, it shall be filled and sealed in accordance with the IEPA and Illinois Department of Public Health Water Well Construction Code sealing requirements. PART 4- BASIS OF MEASUREMENT AND PAYMENT 4.01 DESCRIPTION OF WORK AND MEASUREMENT The following lists a description of the Work for the items included in the Schedule of Prices and the basis of measurement for those items: SP-81 Bid Book Page 117 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 • Well Drilling (Various Diameters) - Drilling shall include all materials, labor and equipment required to drill the well to the depth specified, and to take all samples and keep driller's logs. Measurement shall be the vertical feet installed of a given well diameter measured in place. • Well Casing (Various Diameters) - The Work under this item includes furnishing and placing of new steel well casing pipe conforming to Ten States Standards and to AWWA Standard Specifications for Deep Wells, AWWA A-100. Included in the work shall be the testing for plumbness and alignment, all drive shoes and grout shoes. Measurement shall be the vertical feet of a given casing diameter measured in place. • Grouting 12-Inch Casing-This Work includes providing all labor, equipment and material necessary to grout the 12-inch casing in-place and as indicated on the Drawings and specified herein. This Work is a lump sum item (measurement is N/A). • Grouting 10-Inch Casing-This Work applies only if Owner directs Contractor to proceed with construction of the deep sandstone well. This Work includes providing all labor, equipment and material necessary to grout the 8-inch casing in-place as indicated on the Drawings and specified herein. This Work is a lump sum item (measurement is N/A). • Bail/Purge Well-This Work item includes Work activities related to removing free material from the well and activities to remove water with suspended materials to provide "clear" water prior to pump test. Included are bailing, pumping, air lifting and surging. Measurement of Bail/Purge Well is incidental to the cost of the project. • Well Alignment Test-This Work applies only if the Owner directs Contractor to perform a plumbness and alignment test. Plumbness and alignment tests performed at the Contractor's discretion are considered incidental.This item shall include all equipment and labor required for a plumbness and alignment test. This is a lump sum item. • Provide, Install and Remove Test Pump (Shallow)- This item shall include all labor, material and equipment necessary to provide, install and remove a test pump as specified herein to test pump the Shallow Limestone Formation. This is a lump sum item (measurement is N/A). • Test Pump(Shallow)-This work includes providing all equipment,fuel, labor and material necessary to conduct the Shallow Limestone Formation Test Pump as specified. Measurement is per hour of pump testing performed as ordered by the Owner. • Provide, Install and Remove Test Pump (Deep) - This work applies only if the Owner directs the Contractor to proceed with construction of the Deep Sandstone Well. This item shall include all labor, material and equipment SP-82 Bid Book Page 118 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 necessary to provide, install and remove a test pump as specified herein to test pump the Deep Sandstone Formation. This is a lump sum item (measurement is N/A). • Test Pump (Deep) - This work applies only if the Owner directs the Contractor to proceed with construction of the Deep Sandstone Well. This work includes providing all equipment, fuel, labor and material necessary to conduct the Deep Sandstone Formation Test Pump as specified. Measurement is per hour of pump testing performed as ordered by the Owner. • Sample and Lab Analyze Test Pump Water - This work shall include furnishing all equipment, labor and material necessary to accurately sample and laboratory chemically analyze the well test pump water in accordance with paragraph 1.08C of the Specifications. One set of lab tests is required for the deep sandstone well pump test. This is a lump sum item (measurement is N/A) for the tests performed as ordered by the Owner. • Sample and Lab Analyze Test Pump Water - This work shall include furnishing all equipment, labor and material necessary to accurately sample and laboratory chemically analyze the well test pump water in accordance with paragraph 1.08D of the Specifications. One set of lab tests may be required per pump test. This is a lump sum item (measurement is N/A)for the tests performed as ordered by the Owner. • Field Sample and Field Analyze Test Pump Water- This work shall include furnishing all equipment, labor and material necessary to accurately field sample and field chemically analyze the well test pump water in accordance with the specifications. One set of field tests is expected for the shallow limestone well test. This is a lump sum item (measurement is N/A) for the tests performed as ordered by the Owner. • Disinfection - This work shall include all chemicals, equipment, and labor required for the final cleaning, disinfection and bacteriological testing of the well as specified in Section 02730. This is a lump sum item (measurement is N/A). Additional disinfection required resulting from the bacteriological test not passing regulatory requirements shall be performed at the Contractor's expense. • Provide, Install and Remove"Air"Well Development Equipment-This work is required only if ordered by the Owner. This work, if required, shall include providing all equipment, labor and materials necessary to provide "air" well development in accordance with the specifications. This is a lump sum item (measurement is N/A). • "Air" Develop Well -This work, if performed, shall include the air developing of the well in accordance with the specifications. Measurement shall be per hour of air development performed as ordered by the Owner. SP-83 Bid Book Page 119 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 • Shooting of Well - This work shall be performed only if ordered by the Owner. This work, if performed, shall include the shooting of the well with explosives as specified. This is a lump sum item (measurement is N/A). • Clean Well after Shooting, by Airlifting and/or Bailing - This work shall be performed only if the Owner orders shooting of the well. This work, if performed, shall include cleaning by bailing or lifting all loosened material from the well after shooting. Measurement is per hour of cleaning the well as ordered by the Owner. • Re-Install and remove Completed Well Test Pump - This work shall be performed only if ordered by the Owner. This work includes the furnishing, setting, and removal of the well test pump for conducting additional well tests after shooting of the well. 4.02 PAYMENT A. Payment for the work specified in the section will be made at the contract unit prices for the below listed items, in the Schedule of Prices: Alternate No. B IRR ALTB 20 WELL DRILLING - SHALLOW - MOBILIZATION LSUM IRR ALTB 21 WELL DRILLING - SHALLOW - 18-INCH CASING AND HOLE FOOT IRR ALTB 22 WELL DRILLING - SHALLOW - 17-INCH OPEN HOLE FOOT IRR ALTB 23 WELL DRILLING - SHALLOW - 12-INCH CASING FOOT IRR ALTB 24 WELL DRILLING - SHALLOW - 12-INCH CEMENTING SHOE LSUM IRR ALTB 25 WELL DRILLING - SHALLOW- CEMENTING EQUIPMENT LSUM IRR ALTB 26 WELL DRILLING - SHALLOW - NEAT CEMENT SACKS IRR ALTB 27 WELL DRILLING - SHALLOW - 12-INCH OPEN HOLE FOOT IRR ALTB 28 WELL DRILLING - SHALLOW - FURNISH, INSTALL AND REMOVE LSUM TEST PUMP IRR ALTB 29 WELL DRILLING - SHALLOW - TEST WELL HOURS IRR ALTB 30 WELL DRILLING - SHALLOW - FURNISH, INSTALL AND TEST LSUM PITLESS ADAPTER 12-INCH IRR ALTB 31 WELL DRILLING - SHALLOW- PLUMBNESS AND ALIGNMENT LSUM IRR ALTB 32 WELL DRILLING - SHALLOW -WATER QUALITY TESTING LSUM IRR ALTB 33 WELL DRILLING - SHALLOW -WELL DISINFECTION LSUM SP-84 Bid Book Page 120 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 IRR ALTB 34 WELL DRILLING - DEEP - MOBILIZATION LSUM IRR—ALTB-35 WELL DRILLING - DEEP - 12-INCH OPEN HOLE (278 TO 410) FOOT IRR—ALTB-36 WELL DRILLING - DEEP - 10-INCH CASING (+2 TO 410) FOOT IRR ALTB 37 WELL DRILLING - DEEP - 10-INCH CEMENTING SHOE LSUM IRR ALTB 38 WELL DRILLING - DEEP - CEMENTING EQUIPMENT LSUM IRR ALTB 39 WELL DRILLING - DEEP- NEAT CEMENT SACKS IRR—ALTB-40 WELL DRILLING - DEEP - 10-INCH OPEN HOLE (410-1,000) FOOT IRR ALTB 41 WELL DRILLING - DEEP- FURNISH, INSTALL AND REMOVE LSUM TEST PUMP IRR ALTB 42 WELL DRILLING - DEEP - TEST WELL HOURS IRR ALTB 43 WELL DRILLING - DEEP - FURNISH, INSTALL AND TEST LSUM PITLESS ADAPTER 10-INCH IRR ALTB 44 WELL DRILLING - DEEP - PLUMBNESS AND ALIGNMENT LSUM IRR ALTB 45 WELL DRILLING - DEEP- WATER QUALITY TESTING LSUM IRR ALTB 46 WELL DRILLING - DEEP- WELL DISINFECTION LSUM B. These prices shall be full compensation for furnishing, and installing all materials and for all labor, equipment, tools, and incidentals necessary to complete the items. C. Payment will not be made for any other items except as listed above. All other costs associated with such work shall be considered incidental and shall be included in the prices bid for the various items to which they pertain. SUBMERSIBLE WELL PUMP AND MOTOR, PITILESS ADAPTER AND ACCESSORIES PART 1- GENERAL 1.01 SCOPE A. Description This Section covers the submersible well pump and motor and associated accessories to be furnished, installed, and tested as shown on the Drawings and as specified herein. All fittings, connectors, supports and anchors where required, shall be included under this Section of Work. SP-85 Bid Book Page 121 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 B. Related Work 1. Water Well. 2. Other Sections as specified herein. 1.02 QUALITY ASSURANCE A. Acceptable Manufacturers 1. Pumps: a) Simflo b) Byron Jackson C) Layne & Bowler d) Grundfos e) Other as may be offered by the Contractor meeting the requirements of these Specifications. 2. All other items: As specified herein. B. Applicable Standards All Work shall conform to the applicable provisions of the codes, standards, and Specifications, as specified herein, and the following: Name Abbreviation Vertical Turbine Pumps; Line Shaft AWWA E-101 and Submersible Types National Sanitary Foundation NSF61 1.03 PROJECT/SITE CONDITIONS The Contractor shall prepare its bid based upon pumping equipment which conforms to the specifications and satisfies the "Anticipated" pumping conditions listed in these specifications and on the Drawings. Prior to preparing submittals for the pumping equipment, the Contractor shall make any and all adjustments for pumping levels, pump settings, motor horsepower, etc., as are required, for the well pump to match the "Actual" characteristics of the "As- Built" well constructed under these Specifications. The finished well may be a shallow limestone or a deep sandstone well. The Contractor shall prepare its bid in the Schedule of Prices based upon the characteristics for the deep sandstone well. The motor starter, well controls and level transducer are to be installed in the proposed well shed to be constructed on the site. Contractor shall coordinate its schedule with the construction schedule for the proposed Landscape Plan. 1.04 SUBMITTALS SP-86 Bid Book Page 122 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 A. Submittals Prior to Award 1. Contractor shall submit with his/her proposal preliminary drawings and diagrams of the equipment covered by his/her proposal including pump performance curves which shall show the head capacity, pump efficiency and brake horsepower over the complete range of the bowl assembly. 2. For the safety and protection of the Owner's water supply only such types of equipment will be considered that have been in successful operation for a period of not less than ten (10) years. Contractor shall submit with his/her proposal a list of at least five (5) similar installations that have been in continuous successful operation for a period of not less than ten (10)years. (This requirement may be omitted if the Contractor has supplied submersible type pumps to the Owner in the past.) The Owner reserves the right to accept or reject any and all bids, or to accept any bid that will best suit the Owners requirements and needs regardless of price or efficiency. B. Submittals During Construction The Contractor shall submit to the Engineer for review drawings, product specifications, and description, together with instruction manuals, installation instructions, operating and maintenance manuals and field check-out, start-up and testing procedures of all equipment furnished. 1.05 GUARANTEE The equipment covered by these Specifications shall be guaranteed against defects due to faulty material or workmanship under normal use and service for two (2) years after date of final acceptance, as required by these Specifications. 1.06 DELIVERY, STORAGE AND HANDLING A. Prevent dirt, water and chemicals from entering inside discharge pipe and equipment. B. Where possible, store materials and equipment inside and protect from weather; if necessary to store outside, elevated above grade. PART 2- PRODUCT 2.01 GENERAL A. All materials and equipment shall conform to the Specifications listed below and shall be equal to the products listed below by brand name and catalog number. Identification symbols and nomenclature where used in this Section are the same as those shown on the Drawings. Paragraphs of these Specifications describing the requirements of a single item of equipment shall apply equally to all identical items of equipment to be furnished. SP-87 Bid Book Page 123 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 B. The well pump shall be of the submersible, multi-stage, deep well turbine type arranged for suction and discharge as shown on the Drawings. All necessary bolts, nuts and anchors as required for installation shall be provided. The pump shall be suitable for continuous and/or intermittent operation, and for operation after long periods of idleness. The pump discharge shall contain a built-in check valve. C. The pump shall be furnished complete with a submersible electric motor drive. Motors shall be in accordance with the requirements specified herein. D. All rotating parts of the equipment shall operate throughout the required range without objectionable noise or vibration. Pump speed shall not exceed 3600 rpm. 2.02 PUMP RATING AND PERFORMANCE A. Rating The pump rating shall be as herein specified and as shown on the Drawings. The pump shall deliver the rated quantity at the rated total discharge head without exceeding the nameplate rating of the motor considering a 1.10 service factor. The total pump heads shown on the Drawings include the static head, velocity head, and all piping entrance, exit and frictional losses but are exclusive of any pump losses. Pump Flow: 200 gpm Pump Setting: Shallow Deep 532 ft. (Minimum) 1232 ft. (Minimum) 543 ft. (Typical) 1243 ft. (Typical) 565 ft. (Maximum) 1265 ft. (Maximum) B. Performance Minimum bowl efficiency shall not be less than 68% at rated conditions. The manufacturer shall furnish a statement of overall efficiency which he guarantees at rated capacity and rated head. The efficiency of the pump when operating at the specified rated head shall be as near its peak as practicable. The pump and motor shall operate in dynamic balance as a unit without undue vibration or noise. The Contractor shall verify that the critical speed of the complete pump and motor unit is at least 50% above the motor operating speed. Pump and motor shall operate without excessive vibration, and shall operate at pumping capacity and field efficiency which is consistent with field total dynamic head conditions and approved performance curve data for pumping equipment. C. Fluid Pumped The pump will handle well water for domestic(potable) use. The water temperature may vary between 40°F and 75°F. D. Design Information SP-88 Bid Book Page 124 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 Additional design criteria for the pumping unit shall be as follows: Vertical Dimensions/Data Site Datum USGS Datum Ground Surface at Well 0 640.0 Pump Setting (Shallow) -250 390.0 Anticipated Well Static W.L. (Shallow) -200 440.0 Min. Allowable Well Pumping Level (Shallow) -300 340.0 Pump Setting (Deep) -900 -260.0 Anticipated Well Static W.L. (Deep) -800 -160.0 Min. Allowable Well Pumping Level (Deep) -1000 -360.0 Horizontal Dimensions/Data Horizontal Dist. Well to Riser: 15 Feet Horizontal Piping: 4" Dia. Valving in Horizontal: 4" Check Valve 4" Resilient Wedge Valve Well Pump Dimensions/Data Depth of Pump Setting (i.e surface 250 (Shallow)or 900 ft. (Deep) to top of bowl assembly) Column Pipe Diameter 4" Air Line Material Polyethylene Maximum Motor Speed 3600 rpm Motor Horsepower 40 (Shallow)or 125 hp (Deep) Nominal 3 Phase, 60 Cycle Voltage 480 v Minimum Power Cable Size #1/0 Minimum Power Cable Voltage Rating 600 v Location of Check Valve(s)Above Bowl 115 ft./250 ft./500 ft. Nominal Well Diameter 10" Well Depth 1000 ft. 2.03 DETAILS OF CONSTRUCTION A. General The pump shall be designed for vertical installation and consist of a suspended pumping element. The pumping element shall be assembled as a self-contained unit. Constructed shall be in accordance with AWWA E-101, "Vertical Turbine Pumps-Line Shaft and Submersible Types" except as specified herein. B. Pump Impeller Impellers shall be of stainless steel composition, designed with ample strength to safely withstand the maximum forces to which it may be subjected. The impeller shall be either of the enclosed or open type designed for maximum efficiency, SP-89 Bid Book Page 125 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 finished all over and shall be mechanically and hydraulically balanced. Impeller design shall be non-overloading for the capacity of the motor driver selected. Impellers shall be keyed to the pump shaft. C. Pump Bowl Assembly Pump bowls, suction and discharge cases shall be of stainless steel, Class 30 or betterwithout imperfections. The discharge casing shall be provided with directional vanes to deliverthe flow ofwaterwith minimum turbulence. The intermediate stages shall be selected to provide the maximum efficiency with the least number of stages. D. Pump Column Assembly (Discharge Pipe or Drop Pipe) Standard 4-inch ID steel pipe, standard wall, meeting ASTM A53, Grade A or B, threaded and coupled. Strength of pipe and joints sufficient for design conditions. Provide standard tapered threads in accordance with ANSI B1.20.1. All pipe shall have the mill specification stencils on the outside in a legible form to be accepted under these Specifications. Furnish in 20 ft. interchangeable intermediate sections. Provide threaded column pipe couplings meeting ASTM A53. Equip each coupling with 3/8 inch stainless steel locking screws. Set screws shall be on top and bottom of the coupling. E. Pumping Unit Balance The equipment shall meet the vibration limits set forth in the Hydraulic Institute Standards. The Contractor shall assume all additional shop, shipping and transportation costs and any costs incurred at the job site required to reduce excessive vibration attributable to unbalance of the pump or motor. F. Power Cable The Contractor shall furnish and install with the pump a sufficient amount of submersible power cable of the proper size and voltage rating to prevent a voltage drop in excess of 4%of the line voltage between well top and motor when the motor is operating under full load. In no case shall the cable size be less than AWG#1/0. Pump cable shall be provided in sufficient length to be pulled through a horizontal conduit(by others) into the maintenance building and terminated at the main starter panel lugs. The cable shall have four(4)copper conductors of not less than seven (7) strands, each conductor to be in an insulating water-tight synthetic rubber or plastic jacket; the whole to be enclosed in an outer neoprene, synthetic rubber or plastic jacket which shall be impervious to oil. The power cable shall be supported on the column assembly pipe by means of stainless steel bands at intervals not exceeding 10 feet. The cable shall extend not less than 5 feet above the surface plate. The horizontal conduit from the well shed to the well head is provided by others. Contractor shall provide additional conduit as required to provide an uninterrupted conduit run from the well to the start panel in the well shed. Cost of SP-90 Bid Book Page 126 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 conduit is considered incidental. G. Column Check Valve The Contractor shall furnish and install two all steel construction vertical column surge control type check valve with stainless steel spring and pin at the location above the bowl assembly as shown on the Drawings. This vertical check valve shall be of the same diameter as the pump column assembly discharge pipe and shall allow the column to drain back slowly into the well upon pump shut-down. Valves shall be 4" Strataflo Model #400 or equal bronze body check valves. H. Pitless Adapter The pitless adapter unit shall be of a type approved for use in the State of Illinois. The top of the pump column assembly discharge pipe shall be set a minimum of 5'/2 feet below the ground elevation. The pitless adapter unit shall be provided with a casing cap that can be removed without disconnecting any wires. The pitless adapter unit shall be constructed in such a manner that shall permit withdrawal of the entire assembly within the casing by simply lifting it out. The pitless adapter unit shall be constructed in such a manner as to preclude dropping of the inner assembly into the well. The pitless adapter unit shall be sealed in a manner that shall prevent discharge water from entering the upper portion of the unit and prevent ground or surface water from entering any portion of the unit. The unit shall be connected to the well casing by means of welding. Protection against corrosion in water passages on the inside shall be accomplished through the use of galvanized material. The outside shall be protected against corrosion by approved epoxy paints. The unit shall contain the necessary piping and gauges for depth test readings. It shall also contain flow measuring and recording devices. Column air release tapping and fittings that shall permit the column to drain after the pump stops shall be provided. The pump shall have solid check valves to prevent draining back. A water sampler shall be provided. Pressure control tapping and apparatus shall be included in the unit. Pitless adapter shall be Baker model number 6PS1214WBWE04M4ES or approved equal. I. Air Line/Level Indicator An air line hose shall be provided and shall be 1/4 inch ID high pressure PVC air line. The air line shall be one continuous length. Direct reading gauge, air pump, tester block, and necessary fittings shall be provided. Gauge shall not be less than 4 inches in diameter, of heavy duty construction, and directly read feet of water above bottom of air line. J. Reduced Pressure Zone Backflow Preventer SP-91 Bid Book Page 127 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 The reduced pressure zone backflow preventer shall be a 4" model by Conbraco or equal. L. Hydropneumatic Tank The hydropneumatic tank shall have a 187-gallon capacity with a 30-inch diameter. The hydropneumatic tank shall be Wellmate model number WM-60 or equal. M. Well Shed The hydropneumatic tank, electrical panelboards, irrigation controller, and associated piping shall be housed in a shed structure in the location shown on the Drawings. The size of the shed shall be as specified on the Drawings. 2.04 MOTOR AND CONTROLS A. Electric Motor The pump shall be furnished complete with an electric motor drive arranged for 460 V, 3-phase, 60 Hz power supply. The motor shall be of the high efficiency design, of sufficient horsepower to operate the pump without overloading and shall be of the vertical, squirrel-cage induction type suitable for across-the-line starting or reduced voltage starting. The motor shall be of the completely enclosed type, close coupled to the pump and shall be designed for sustained and continuous operation under water. Motor speed shall not exceed 3600 rpm. The motor shall be equipped with a double mechanical seal located in the top of the motor where its shaft extends through the motor housing, to isolate the well water from the motor housing. Bronze sleeve bearings shall be provided at each end of the rotor and a pivot shoe type thrust bearing shall carry the weight of all rotating parts and the hydraulic thrust of the pump. B. Motor Starter/Controls 1. The Motor Starter shall be a full voltage type - Class 89040 Well Guard Pump Panel as manufactured by Square D/Groupe Schneider or approved equal. The motor starter shall be rated for starting 480 v, 3 phase,40 or 125 Hp well pump. 2. The starter shall be enclosed within a NEMA Type 3R enclosure with enough extra space for field installation of auxiliary equipment. The starter shall be capable of accepting a 120 VAC signal from a remote pump controller. This unit shall be complete with auxiliary contacts for providing an output signal of 120 VAC start/stop condition to a separate fractional horsepower chlorine injection pump which will have simultaneous operation in conjunction with the well pump. 3. The pump panel shall be provided with a standard Type S contactor and shall be approved for submersible pump applications and the following appurtenances: SP-92 Bid Book Page 128 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 • Class 10 motor logic overload relay through 40 or 125 hp - 480 v. • Start push button and a "Hand-Off-Auto" selector switch. • Adjustable trip current • Phase failure sensitive for 40 or 125 hp - 480 v. • Shall be ambient temperature compensated. • UL-listed and marked "Suitable Only for Use as Service Equipment. 4. The fuse clip amps or circuit breaker shall be a minimum rating of a KAL 36250-29M thermal magnetic with magnetic trip settings of 700% minimum to a maximum of 1500%. C. Well Pump Controls 1. Pressure Transducer a. Furnish and install a pressure transducer and all isolation valves and appurtenances as specified to be installed on sensing tap off high tank riser. Furnish and install a submersible pressure transducer as manufactured by KPSI Series 700 or approved equal to monitor low system pressure in the tank riser. The well pump controller pressure transducer shall be connected to the main well discharge piping located in the well shed and shall be connected to the well pump controller. b. The pressure transducer housing shall be an all welded design, constructed of corrosion resistant 316SS. The transducer shall have a surface mount internal signal conditioning which provides a power supply rejection of 0.001%and either a 4-20 mAdc, 0-5v dc, or mvdc process signal. C. The pressure transducer shall have a stability enhancing charged "Field Shield"that is vapor deposited to the pressure call. A welded 316 ss diaphragm with a spring rate ratio f 1000:1 with the piezoresistive pressure cell,which shall be used for contact with the media. d. The pressure transducer shall be UL listed. Installation must conform with both local and national electrical codes and installed with an approved electrical barrier as manufactured by R.G. Stahl, Inc. The transducer shall be equipped with a barrier that prevents moisture from entering the cable vent tube and with a traceable calibration card. The card shall specify input/output conditions and actual data recorded during manufacture. e. Provide NEMA Type 3R insulated housing with strip heater to house transducer. Assembly shall be mounted to the Elevated Tank Riser. 2. Pump Controller SP-93 Bid Book Page 129 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 a. The pump controller shall have the capability of accepting a 4-20 mAdc input signal from the proposed high tank riser pressure transducer and converting the input signal to 120 vac output signal to the well pump motor starter. b. The pump controller shall be operated by the use of digital set point indicating thumb wheel switches. The set point indicators shall be used to sense the following elevations as sensed through the high tank riser pressure transducer: 1. Well Pump "On" 2. Well Pump "Off" C. The pump controller shall be compatible for use with the proposed pressure transducer and the proposed well pump motor starter. All controls shall be mounted within flush mounted cabinet with a hinged cabinet door. PART 3- EXECUTION 3.01 FACTORY TEST AND INSPECTION Each item of the equipment shall be shop-assembled and tested to verify that all parts function properly and that no interference occurs between moving parts. Rotating elements of the pumping unit shall be statically and dynamically balanced. Certified performance test curves from identical equipment showing capacity, total head, electrical input power, and the overall pump and motor efficiencies shall be submitted to the Engineer. 3.02 INSTALLATION AND TESTING A. The equipment shall be installed as shown on the Drawings and in accordance with the manufacturer's instructions and recommended best practices. All necessary shims, grout, lubrication, anchor bolts, and other items required for installation and testing shall be furnished. All items of equipment shall be operated, adjusted, and tested for proper performance in accordance with the manufacturer's recommended test procedure. Prior to placing the well pump into operation, field testing shall be conducted to verify that the pumping unit complies with the specified pressure and flow requirements. B. During equipment installation, spray exterior components with 50 ppm solution of chlorine. C. Install pump column assembly of adequate length such that pump setting shall be as shown on the Drawings. Install check valve as shown on the Drawings. D. Install air line to top of first bowl complete with fittings and gauge mountings. Strap air line securely to discharge pipe column assembly using stainless steel strapping at not less than 15 ft. E. After completion of equipment installation shut down pump for minimum of 12 hours SP-94 Bid Book Page 130 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 for disinfection. Chlorinate well with 50 ppm chlorine solution. F. Pump water to waste after shut-down period until chlorine residual is reduced to an acceptable level. Obtain and comply with state and local permits, for disposal of water pumped. G. Conduct field performance test of well pump for not less than 1 hour and as necessary to demonstrate equipment performance and obtain operating data, including but not limited to the following: 1. Measure water levels in well. 2. Measure flow rate and pumping water levels at intervals during test period. 3. Record water levels to nearest 0.10 ft. 4. Measure pressure in pump discharge piping. 5. Measure rate of electrical consumption. 6. Compute pump operating characteristics and efficiency. Compare with factory test results. H. Provide temporary piping and accessories as necessary for disposal of disinfection water and field performance testing water. 3.03 PAINTING A. Manufacturer's standard finish shall apply except as herein specified. PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT Measurement will not be made for the Work specified in this Section. 4.02 PAYMENT Payment for the work specified in the section will be made at the contract unit prices for the below listed items, in the Schedule of Prices: Alternate No. B IRR ALTB 47 WELL PUMP - SHALLOW- 40 HP, 30/60HZ/460V, 3500 RPM LSUM SUBMERSIBLE MOTOR IRR ALTB 48 WELL PUMP - SHALLOW- SUBMERSIBLE WELL PUMP LSUM IRR_ALTB_49 WELL PUMP - SHALLOW- 4" BLACK PIPE, COATED FOOT IRR ALTB 50 WELL PUMP - SHALLOW- #4 SUBMERSIBLE CABLE FOOT IRR ALTB 51 WELL PUMP - SHALLOW- 4-INCH CHECK VALVE EACH IRR_ALTB_52 WELL PUMP - SHALLOW-AIRLINE, TAPE & BANDING LSUM SP-95 Bid Book Page 131 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 IRR ALTB 53 WELL PUMP - SHALLOW- PRESSURE TRANSDUCER & PIPE FOOT IRR ALTB 55 WELL PUMP - SHALLOW- WELL PUMP INSTALLATION LSUM IRR ALTB 56 WELL PUMP - SHALLOW- START-UP & INSTRUCTION DAY IRR ALTB 58 WELL PUMP - SHALLOW- PROVIDE AND INSTALL LSUM HYDROPNEUMATIC TANK IRR ALTB 59 WELL PUMP - SHALLOW- PROVIDE AND INSTALL WELL SHED LSUM IRR ALTB 60 WELL PUMP - DEEP - 125 HP, 3O/60HZ/460V, 3500 RPM LSUM SUBMERSIBLE MOTOR IRR ALTB 61 WELL PUMP - DEEP - SUBMERSIBLE WELL PUMP LSUM IRR ALTB 62 WELL PUMP - DEEP - 4" BLACK PIPE, COATED FOOT IRR ALTB 63 WELL PUMP - DEEP - #4/0 SUBMERSIBLE CABLE FOOT IRR ALTB 64 WELL PUMP - DEEP- 4-INCH CHECK VALVE EACH IRR—ALTB-65 WELL PUMP - DEEP- AIRLINE, TAPE & BANDING LSUM IRR ALTB 66 WELL PUMP - DEEP - PRESSURE TRANSDUCER & PIPE FOOT IRR ALTB 68 WELL PUMP - DEEP- WELL PUMP INSTALLATION LSUM IRR ALTB 69 WELL PUMP - DEEP- START-UP & INSTRUCTION DAY IRR ALTB 71 WELL PUMP - DEEP - PROVIDE AND INSTALL LSUM HYDROPNEUMATIC TANK IRR ALTB 72 WELL PUMP - DEEP - PROVIDE AND INSTALL WELL SHED LSUM GENERAL PROVISIONS FOR ELECTRICAL WORK PART 1- GENERAL 1.01 SCOPE A. This Section describes the general provisions for the Work to be performed under Division 16, Electrical, of this Contract as well as Division 15, Mechanical, where applicable. The Contractor shall comply with these general provisions and shall perform all Work in accordance with the Specifications contained in this Section, as supplemented by Specification in related Sections, and as shown on the Drawings. Related mechanical work shall be performed in accordance with the applicable provisions of Division 15. SP-96 Bid Book Page 132 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 B. The following specifies the minimum general requirements by which the Contractor shall furnish, fabricate, deliver, erect, install, connect and test electrical materials, equipment and systems specified in the respective Sections of Division 16 and shown on the Drawings, so as to constitute a complete and operating electrical installation. C. The Contractor shall provide all necessary coordination between the suppliers of the specified equipment so as to provide a well designed and satisfactory operating facility to the Owner. The Contractor is advised that these Specifications are not indented to cover every and all details of the Work. In case(s)where details related to the specified Work are not covered by these Specifications, it shall be the responsibility of the Contractor to include and execute such coordination and Work at no additional cost to the Owner. D. Items of equipment furnished and installed as a part of the Work under other Sections of the Specifications shall be connected and wired as a part of the Work under this Section. E. All operating limits of electrical apparatus whether furnished under this Section or in other Sections of the Specifications shall be adjusted in the field to meet the operating conditions reviewed by the Owner's Representative and as required. This shall include settings of all overcurrent and trip devices, limit switches, timers, and control device adjustments, etc. 1.02 QUALITY ASSURANCE A. Acceptable Manufactures and Equipment Supplier Refer to Electrical related Specifications. B. Applicable Standards 1. All electrical work furnished and installed under this Section shall be in strict compliance with the ordinances and bylaws of the Village, State and/or any other political subdivision thereof governing the installation of the electrical work on this Project. In the absence of other more stringent authority, the electrical work shall conform to the requirements of the National Electrical Code. 2. The Contractor shall conform to the latest safety standards as required by the Occupational Safety and Health Administration (OSHA) in all Work performed. In addition, all equipment and materials shall meet all applicable OSHA requirements. 3. All equipment shall be U.L. rated. 1.03 SUBMITTALS A. The Contractor shall comply with the requirements specified in the Equipment Submittals section, and as specified herein. SP-97 Bid Book Page 133 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 B. The Contractor shall not install any electrical work for any item of equipment specified under this or other Sections of the Contract until shop drawings of such equipment, reviewed by the Owner's Representative, are made available to him/her. Any such Work installed by the Contractor prior to the Owner's Representative review will be the responsibility of the Contractor and any modification of the electrical work necessary to meet the equipment requirements shall be made without additional compensation. C. Before fabrication and assembly of equipment, submit the following: 1. Front and rear elevations showing dimensions and the arrangement for each cubicle. 2. Plan and section views, including dimensions and mounting details. 3. Details of bus, connections, terminals, etc., including the complete ground bus arrangement and enclosure ground connections. 4. Single line diagram of equipment and control schematic diagram. 5. Wiring Diagrams ams a. Connection diagrams for the wiring of equipment in each cubicle. b. Interconnection diagrams for the wiring to equipment in other cubicles. Clearly identify the terminal block points for the external wiring to be routed in or out of the cubicles. Provide adequate space on the wiring diagrams for additions(by the Contractor)or cable and wire designations for that external wiring to be routed in or out of the cubicles at the terminal block. 6. Bill of Material. 7. Factory test procedures and protocols. D. Prior to shipment of the equipment, submit for record and distribution: 1. All drawings as finally reviewed and corrected. 2. Recommended storage instructions. 3. Installation instructions and operating and maintenance manuals. 4. Spare parts bulletins. 5. Factory test reports (certified). 6. Booklet on maintenance procedures for circuit breakers and other equipment. SP-98 Bid Book Page 134 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 7. Field test procedures and protocols. E. After final installation of the equipment the Contractor shall deliver a complete set of reproducible shop drawings of (including schematics, internal point-to-point and interconnecting)diagrams for all equipment and panels showing Work"as installed". 1.04 WARRANTY All equipment(electrical and/or mechanical)specified by these Specifications shall be warrantied, and shall be provided with such warranties covering all parts and labor for a period of one (1) year from the date of Final Acceptance. PART 2- PRODUCTS 2.01 GENERAL A. Standard Products The equipment furnished shall be standard products in production by reputable companies regularly engaged in the manufacture of high-quality equipment of the type specified. Similar equipment shall have been in satisfactory and successful operation for a period of at least two years. All parts of the specified equipment shall be so designed as to be especially adapted for the service required and shall be proportioned, enclosed, or guarded as to have ample and liberal strength and stability to withstand,without damage, the stresses to which they may be subjected during erection or operation. The component parts of duplicate items shall be fabricated on a principle of interchangeablility to facilitate ready replacement. B. Materials All material incorporated in the equipment shall be new and of first-class quality,free from injurious defects and imperfections, and of the classifications and grades designated. Materials not specifically designated herein shall be subject to the review of the Engineer and shall be suitable for the purpose intended. 2.02 RATINGS The sizes, ratings, capacities, and performance characteristics of various specified items of equipment and devices are based on currently available standard products, which are available through United States manufacturer's. In no case shall the size, rating, capacity or performance characteristic be less than that specified unless approved in writing by the Owner. Ratings and performance characteristics,where applicable, of various devices and items of equipment are specified in respective Sections of these Specifications. All electrical equipment shall be UL rated. 2.03 DETAILS OF CONSTRUCTION A. Electrical work shall meet requirements of these Specification, product manufacturer's instructions, recommended tolerances and recommended SP-99 Bid Book Page 135 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 procedures, and as indicated by final reviewed submittals for the Work. B. Materials shall be of size and thickness indicated. If not indicated, size and thickness shall be selected to provide strength and durability in finished Work for intended application. Work to dimensions indicated, using proven fabrication details. C. Product finishes, surfaces and edges shall be smooth and free of marks, burrs, seams, roughness and like defects or conditions. D. Other electrical-mechanical product construction details shall be in accordance with the best engineering practices, applicable code requirements and as specified in these Specifications. PART 3- EXECUTION 3.00 GENERAL A. The Contract Drawings indicate the general details necessary for the complete electrical installation. It shall be the Contractor's responsibility to install all electrical work in a neat and workmanlike manner.The Contractor shall cooperate with others to permit the installation of all of the work without interferences. If changes become necessary to avoid interference between the Work installed under various Sections, the Contractor shall submit to the Owner's Representative,for review,the proposed changes and upon review by the Owner's Representative, proceed with the installation of such changes without additional cost to the Owners. B. The Contractor shall maintain at the site a set of black-line prints on which shall be accurately shown the actual installation of all Work done under Division 16 and any variation from the Contract Drawings as reviewed by the Owner's Representative including changes in sizes, locations, and dimensions shall be indicated thereon. At the conclusion of the Work, the Contractor shall furnish record drawings in accordance with the General Conditions and as specified herein. 3.01 FACTORY TEST AND INSPECTION A. All equipment shall be shop-assembled and tested in the manufacturer's shop in accordance with recognized standard practices. Factory tests and inspections shall be conducted to verify that the equipment is operating satisfactorily and in compliance with the Specifications. B. Meet and conform to applicable requirements as specified. 3.02 INSTALLATION AND TESTING A. General: Examine the areas and conditions under which electrical work is to be installed or performed and remedy any conditions detrimental to the proper and timely completion of the Work. Do not proceed with the Work until unsatisfactory conditions have been corrected. B. Existing Facilities: Verify existence, location, and operation of existing electrical SP-100 Bid Book Page 136 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 facilities to be abandoned, removed, altered, modified and/or temporarily relocated to allow activities during construction of the Work. C. Install electrical work. Meet requirements of these Specifications, product manufacturer's instructions, recommended tolerances, and recommended procedures and as indicated by final reviewed submittals for the Work. D. Meet and conform to applicable requirements as specified. E. Trenching and Backfilling. Unless otherwise specified, trenching and bakcfilling for conduit, cable, etc., shall be in accordance with IDOT Standard Specifications as a minimum and/or as may otherwise be shown on the Drawings or specified in other Sections of these Specifications. 3.03 PAINTING A. All specified equipment shall be shop-primed and painted in accordance with subsequent Sections of these Specifications. All equipment specified in this Section shall be field painted in accordance as specified in subsequent Sections of these Specifications. B. The Contractor shall be responsible for coordination of the compatibility between manufacturer's standard finish and the field paint specified. PART 4- MEASUREMENT AND PAYMENT Separate measurement or payment will not be made for the Work specified in this Section. All costs for such Work shall be considered incidental and shall be included in the prices bid for the various items to which they pertain in the Schedule of Prices. BASIC ELECTRICAL MATERIALS AND METHODS PART 1- GENERAL 1.01 SCOPE In accordance with the Specifications contained in this Section and as shown on the Drawings, the Contractor shall furnish and install complete, and test, where specified, unless otherwise indicated, the following items of electrical material, equipment and systems for a complete operating electrical installation. 1. Electrical Conduit 2. Electric Devices and Accessories 3. Wire and Cable 4. Electrical Panel(s) 5. Grounding System SP-101 Bid Book Page 137 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 PART 2- PRODUCT 2.01 GENERAL All equipment shall be new and shall be essentially standard products of the manufacturers regularly engaged in the production of the type of equipment specified herein. Like items shall be the product of a single manufacturer. 2.02 RATINGS/SIZES (As specified in other Sections of these Specifications.) 2.03 DETAILS OF CONSTRUCTION A. All permanent foundation materials such as anchor bolts, either embedded in the concrete or required for anchoring, shall be furnished with the equipment. Approved types of expansion anchors may be used where practicable for small equipment. B. Each item of manufactured equipment furnished under these Specifications shall have a permanent nameplate affixed thereto in a readily visible place, showing the serial number, the name and address of the manufacturer, rated capacity, speed, electrical characteristics, and other pertinent data, as applicable. Nameplates of distributing agents only, will not be acceptable. C. Control panels shall be furnished with the equipment complete with terminal blocks, wiring, and other miscellaneous devices as indicated or required by the intended operation of the equipment or by the Drawings or Specifications. The equipment shall include all auxiliary and accessory devices, such as auxiliary transformers, auxiliary relays, protective devices, and resistors, whether or not they are expressly specified or indicated on the Drawings. Adequate provisions shall be made to accommodate, support, and connect cables to the terminal blocks or point of attachment. The Contractor shall locate and arrange his/her terminal blocks so that the external cable connections can be made in a neat and proper fashion. Shielded cables shall be grounded at the panel end only, and shall be terminated on terminal blocks. The shield terminations shall be subject to review. D. Control wiring in Control panels shall be Type SIS stranded copper conductors,#14 AWG minimum size, 600-V. Class D stranded wire shall be used for wiring across hinged joints. Wiring shall be neatly arranged, properly supported, and terminated at terminal blocks. At least 20% extra terminals shall be provided at each group of blocks. Control circuits and power circuits shall be completely separated by use of divided cubicles or barriers. Terminal blocks shall be 600-V furnished with covers and marking strips showing the wire designation on the wiring diagrams or as designated by the Owner's Representative. Not more than 2 wires shall be connected to any one terminal screw. Terminals shall be suitable for a maximum external conductor size of#8 AWG. E. The surfaces of the panel shall be bonderized (or otherwise treated so as to be substantially corrosion-resistant), primed and finished with 2 coats of the manufacturer's standard gray baked enamel applied in accordance with the manufacturer's directions. The interior surfaces shall be finished and painted in SP-102 Bid Book Page 138 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 accordance with the standard practice of the equipment manufacturer. All surfaces to be painted shall be thoroughly cleaned, and all oil film and loose scale shall be removed before applying the first coat of paint. The color of the paint will be determined by the Owner. One gallon of finish paint used shall be furnished for touching up damaged surfaces after installation. F. Each meter, instrument, operating device, control switch, panel and circuit shall have a nameplate with engraved circuit designation mounted in a clearly visible location. If any of the foregoing devices do not have apparatus designation thereon that is visible from the front, a nameplate with engraved apparatus designation shall also be furnished. Nameplates shall be uniform in shape, size, finish and lettering and be made of laminated black and white micarta or clear plastic material with lettering embossed on the back side and filled-in with opaque paint. The width and depth of the lettering shall be so designed as to be legible from reasonable angles of observation. A typical nameplate sample shall be submitted to the Owner's Representative for review. G. The Contractor shall size, furnish and install all pads and anchorages required for electrical equipment. The necessary excavation, backfilling, concrete and reinforcing steel shall conform to the requirements of applicable codes and other Sections of these Specifications. The Contractor shall furnish and install all the anchor bolts, pipe sleeves, brackets, leveling and setting plates, etc. when and where required. PART 3- EXECUTION 3.01 INSTALLATION The methods of installation of Contractor-furnished equipment and materials are described in subsequent Sections and shall in general be in accordance with the manufacturer's standard procedure and recognized engineering practices. 3.02 TESTS A. All electrical equipment, materials, and supplies shall have passed adequate routine factory tests. Field tests shall be made by qualified personnel, having thorough experience in previous jobs of similar scope, approved by the Owner. Field tests shall be made on electrical equipment or on each electrical installation or system as specified below,or as required to establish satisfactory operations and conformance with these Specifications. The tests shall be witnessed by the Owner's Representative. The Contractor shall give the Owner's Representative two weeks notice in advance of the tests. The Contractor shall furnish all apparatus, materials, labor, and facilities for performing the required tests. Corrections for any defects shall be made by and at the expense of the Contractor to the satisfaction of the Owner's Representative. The Contractor shall submit test methods and a list of test equipment to be used for conducting these tests subject to the review of the Owner's Representative. Records of all tests made shall be kept by the Contractor and furnished to the Owner's Representative in triplicate, no later than 7 calendar days after each test is completed. SP-103 Bid Book Page 139 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 B. Control circuits shall be tested prior to operational testing with the control circuits energized but with the controlled equipment disconnected or otherwise made inoperable. The control systems shall be checked for proper operation by actuating each contact which initiates a control operation, and then following the control sequence through the affiliated devices to ascertain that correct results are obtained with each condition of interlocking. The actuating of contacts as required to initiate an operation and to set up interlocking conditions shall be accomplished manually or by simulated operating conditions, whichever is applicable. At this time, adjustments shall be made as required to temperature switches, thermostats, pressure switches, flow switches, position switches, limit switches, auxiliary relays, timers and all other automatic control, interlocking and annunciation devices. C. After the individual items of wiring and equipment have been tested and proved satisfactory and the preliminary control tests have been completed, the equipment shall be further tested for satisfactory operation under normal operating conditions. The equipment shall be lubricated, balanced, aligned, adjusted and operated through sufficient sequences and for a sufficient length of time to establish, to the satisfaction of the Owner, that the equipment, including all safety and limit devices, has been correctly installed and operates properly. D. Specific tests to be performed in addition to the above tests are given in the Sections in which the equipment or system installation is specified. 3.03 PAINTING (See Paragraph 2.03, E of this Section). PART 4- MEASUREMENT AND PAYMENT Separate measurement or payment will not be made for the Work specified in this Section.All costs for such Work shall be considered incidental and shall be included in the prices bid for the various items to which they pertain in the Schedule of Prices. SERVICE AND DISTRIBUTION PART 1- GENERAL 1.01 SCOPE This Section covers the requirements for the furnishing, installing and connecting of a complete working installation of the electrical service and distribution system as outlined as specified in detail in other parts of this Section, other related Sections and/or as shown on the Drawings. It should be noted that this Section of the Specification may include some items which are not required for, or related to, the completion of the electrical work for this Project. The Contractor shall coordinate the requirements of the various parts of this Section of the Specifications with the Drawings when ordering materials or performing Work in conformance with the applicable provisions of this Section. SP-104 Bid Book Page 140 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 PART 2- PRODUCTS 2.01 ELECTRICAL SERVICES A. Commonwealth Edison Company will furnish electrical service at 480 volt, three (3) phase, four (4) wires, 60 Hertz. Location of new service drop is as shown on the Drawings. New CT cabinet will be required for the 400 Amp service. B. The Contractor's responsibility for this work shall be to furnish the concrete transformer pad, ground grid, and secondary voltage cables from the new service drop to the proposed CT cabinet. Commonwealth Edison will furnish and install the transformers, and will furnish connectors and make connections to the transformers. PART 3- EXECUTION 3.01 GENERAL A. The methods of installation of Contractor furnished equipment and materials are described in related Sections of these Specifications and as shown on the Drawings, and shall in general be in accordance with the manufacturer's and/or Commonwealth Edison's standard procedures and recognized engineering practices. B. The intent of these Specifications is to provide new electrical service to the facility. PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT Measurement will not be made for the Work specified in this Section. 4.02 PAYMENT A. Payment of the Work specified in this Section will be made at the contract unit prices each for the below listed Items in the Schedule of Prices: IRR ALTB 57 WELL PUMP - SHALLOW- COM ED ELECTRICAL SERVICE LSUM INSTALLATION TO WELL PUMP IRR ALTB 70 WELL PUMP - DEEP - COM ED ELECTRICAL SERVICE LSUM INSTALLATION TO WELL PUMP B. This price shall be full compensation for furnishing all materials and for all preparation, excavation/backfill, concrete transformer pad, installation of cables and for all labor, equipment, tools and incidentals necessary to complete the Items. C. Payment will not be made for any other items except as listed above. All other costs associated with such Work shall be considered incidental and shall be included in the prices bid for the various items to which they pertain. SP-105 Bid Book Page 141 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 D. Owner shall be responsible for fees assessed by the Utility Company for the installation of the primary electrical service. ELECTRICAL CONDUIT PART 1- GENERAL 1.01 SCOPE This Section covers the general provision for furnishing and installing all conduits, related boxes and fittings, and associated accessories as required for the electrical power, control, annunciation, instrumentation, communication, and lighting systems as shown on the Drawings and as specified herein. All necessary hardware including, but not limited to screws, bolts, hangers, concrete inserts, clamps, locknuts, bushings, sealing bushings, couplings, pulling-in irons, identification tags, etc. shall be included. 1.02 QUALITY ASSURANCE A. Acceptable Manufacturers Shall include but not be limited to LTV Steel Company, Allied Tube and Conduit Corporation, The Steelduct Company, American Brass Company, Republic Steel. B. Applicable Standards All Work shall conform to the applicable provisions of the codes, standards, and Specifications, as specified herein, and the following: Name Abbreviation Specifications for Rigid Steel ANSI C80.1 Conduit, Zinc Coated Specifications for Fittings for ANSI C80.4 Rigid Metal Conduit and Electrical Metallic Tubing Conduit Fittings and Accessories NEMA FB-1 Outlet Boxes and Fittings UL-514 National Electrical Code NEC 1.03 SUBMITTALS A. The Contractor shall submit to the Owner's Representative for review drawings, SP-106 Bid Book Page 142 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 product specifications and descriptions, together with operating and maintenance instructions, specified in the Submittals Section of all equipment furnished. B. As part of the Record Drawings submitted, the Contractor shall submit a conduit schedule at the completion of the Project. The conduit schedule shall contain, as a minimum,the following information for each run of conduit. 1. Conduit designation. 2. Conduit type and size. 3. Routing: the routing shall identify the equipment (from-to) connected at the conduit termination. 4. Description of cables installed in the conduit including function of cables. PART 2- PRODUCTS 2.01 GENERAL Electrical conduit and related fittings shall be U.L. listed. The conduit inside diameter shall have a smooth finish to facilitate fishing and/or pulling of wires and cables. Where flexible conduits are used they shall be of the liquid tight type. 2.02 SIZE REQUIREMENTS Conduits smaller than 3/4-inch diameter shall not be allowed. Conduit sizes shall be as shown on the Drawings. In cases where conduit sizes are not shown on the Drawings, the minimum size shall be in accordance with the applicable provisions of NEC. 2.03 DETAILS OF CONSTRUCTION A. Rigid Metal Conduit and Fittings 1. Rigid metal conduit shall be heavy wall, hot-dip galvanized steel. Thin wall conduits and metallic tubing are not acceptable unless specifically shown on the Drawing or specified for use in other Sections of these Specifications. 2. Metal conduit fittings and covers shall be galvanized or sherardized iron or malleable iron castings with gaskets as required. Composition or rubber gaskets shall be provided where required to prevent entrance of moisture. 3. Rigid metal conduit expansion joint fittings shall consist of standard manufactured products, designed so as to prevent damage to the cables and equipped with approved means of providing electrical continuity of the conduit run. Expansion joint fittings shall permit a small amount of transverse movement as well as longitudinal movement. All couplings and SP-107 Bid Book Page 143 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 fitting joints shall be of the threaded type. 4. Aluminum shall not be used either for conduits, fittings, pullboxes, junction boxes, or any other electrical device, unless otherwise specifically shown on the Drawings. B. Flexible Liquid-Tight Conduit 1. Flexible liquid-tight conduit shall be "Sealtite Type UA". 2. The conduit shall consist of an interlocked galvanized steel core and a liquid tight cover made of polyvinyl chloride synthetic resin. A ground bonding conductor shall be included. C. Electrical Metallic Tubing (EMT) and Related Fittings Electrical metallic tubing shall comply with FS WW-C-563 and ANSI C80.3. EMT fittings shall comply with FS W-F-408. EMT shall be provided only as shown on the Drawings or as otherwise specified in other Sections of these Specifications. Couplings, connectors and other fittings for EMT shall be cadmium or zinc plated steel, or cadmium plated malleable iron and shall be raintight, compression type. D. Rigid Nonmetallic Conduit 1. Rigid nonmetallic conduit shall be of the polyvinyl chloride (PVC) type, schedule 80 as shown on the Drawings, and shall be in accordance with the applicable requirements of NEC. 2. The conduit, fittings and accessories shall be manufactured from polyvinyl chloride complying with ASTM D1784 and shall comply with all the applicable requirements of NEMA Publication No. TC2, UL 651 for EPC-40- PVC and N.E.C. Article 347. 3. Fittings and accessories for the electrical plastic conduit shall comply with all applicable requirements of NEMA Publication No. TC3. 4. The solvent cement used to join the conduit and fittings shall meet the requirements of ASTM D2564. E. Junction, Outlet, Terminal, and PullBoxes and Covers Junction, outlet, and pullboxes and covers shall be made of sheet steel or cast- metal. Covers shall be secured with screws, except for boxes 20 inches or larger which shall have hinged covers or as otherwise specified. Gaskets shall be provided for all boxes. Terminal boxes shall be furnished with terminal blocks as required and as indicated on the Drawings. Where shown on the Drawings, Electrical Junction Boxes shall be solid box types for bridge and street lighting, suitable for underground electrical work, furnished with neoprene gaskets and stainless steel cap screws provided with cored and tapped SP-108 Bid Book Page 144 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 holes for conduits as required, equal to R-7517 Series as manufactured by Neenah. PART 3- EXECUTION 3.01 FACTORY TEST AND INSPECTION Routine factory testing and inspection shall be performed in accordance with the requirements of the applicable standard. 3.02 INSTALLATION AND TESTING A. General Any and all excavation, trenching, coring, backfilling, incidental concreting (not part of a structure in which conduits are embedded)and/or concreting required for duct banks, etc.as required for the installation of Electrical Conduit shall be performed by the Contractor at the Contractor's expense. Installation of all raceway conduits and fittings shall be in accordance with these Specifications, manufacturers recommendations, applicable standards, codes and regulations, and best engineering practices. B. Installation of Rigid Steel Conduit 1. Installation of all conduits, boxed fittings, and accessories shall conform to the requirements of the "National Electrical Code", insofar as this is applicable. During installation, precaution shall be taken to protect the conduits and conduit threads from mechanical injury. The ends of conduits shall be sealed in an approved manner during installation whenever the work is interrupted. Runs shall be sealed upon completion by the use of caps and discs or plugs. The seals shall be maintained, except during inspection and tests, until the conductors are pulled in. Conduits shall be inspected before conductors are installed and thoroughly cleaned of water and dirt by means of compressed air, swabs or other approved methods. Conduits shall be checked for freedom from obstructions by pulling a wooded mandrel of the proper size through the conduit. All boxes and fittings shall be kept closed and free from dirt, moisture, and debris. 2. Each run of conduit between boxes or equipment shall be electrically continuous. Threads shall conform to ANSI-132.1 standards for taper pipe threads. Conduits shall be cut square, ends reamed and threads cut with approved dies. Running or non-tapered threads will not be permitted. Conduits entering slip holes in boxes shall be secured with a locknut on each side at the box wall and terminated with bushings. 3. Threaded conduitjoints shall be made watertight by use of red lead and oil, white lead and oil, or other approved compounds. Threaded joint compound shall be electrically conductive. 4. Exposed conduit shall be 3/4 inch IPS or larger and shall run in straight lines parallel to walls, beams or columns. Required offsets shall be accomplished SP-109 Bid Book Page 145 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 by use of uniform offsets, bends, conduit fittings, or standard boxes. Where conduits are grouped, the offsets shall be made in a manner which will present a uniform and symmetrical appearance. 5. Conduits shall be supported as required by NEC. Capped conduit and conduit terminating in boxes or fittings shall be supported as close to the terminal as possible but in no case farther than 3 feet from the terminal. Galvanized clamps, U-bolts, and J-bolts shall be used to fasten conduits. Boxes and equipment housings shall be supported independently of the conduits. Conduits and boxes shall not be fastened directly to concrete but shall be spaced away by means of one inch galvanized metal channels or spacers. Machine screws or bolts set in concrete inserts or cinch anchors shall be used for securing clamps and boxes to concrete or to steel supporting channels. The use of explosive-driven anchors for securing clamps, supports, and boxes to concrete will not be permitted, except in such cases where special permission has been obtained in writing from the Owner. 6. Exposed conduits inside building shall run supported on walls or on trapezes away from wall. 7. Conduit embedded in concrete shall be one inch or larger, unless otherwise shown on the Drawings. Embedded conduit shall be sloped towards drain points and shall be rigidly supported and braced to avoid shifting during placement of concrete. Embedded conduit runs parallel to concrete surfaces shall be located behind the reinforcing steel except at terminal connections to outlets orjunction boxes. Conduit extending out of concrete walls, floors, or beams shall be at right angles to the surface. 8. Minimum spacing of conduits embedded in concrete shall be as required by N.E.C.for proper conductor heat dissipation. The minimum spacing shall be maintained except where approaching and entering a box or panel. Conduit spacing shall also permit the flow of concrete between them. 9. Conduits embedded in concrete and terminating at motors or other equipment mounted on concrete bases shall be brought up to the equipment within the concrete base wherever possible. 10. All conduit boxes shall be so located that covers and openings are easily accessible. They shall be installed parallel with building lines, and where embedded shall be flush with the surface of the finished floor,wall, or ceiling. The Contractor shall remove and reset all boxes not properly installed or shifted out of line during concreting, whenever required or directed. 11. Conduits shall have long-sweep field bends wherever possible, but shall in no case have smaller radii bends than are allowed by NEC or as recommended by the manufacturer whichever is the most stringent.All field bends shall be manufactured bends or made with a bending machine or other approved device. Field bends shall not reduce the internal diameter of the conduit or injure the protective coatings.The bend shall be free of kinks, SP-110 Bid Book Page 146 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 indentations, or flattened surfaces. Heat shall not be applied. Standard bends shall be used where conduits turn out of the concrete, at the conduit terminations, and at electrical equipment. Where conduits enter switchgear cubicles or other enclosures, they shall be located by template. 12. Where conduits cross expansion joints or contraction joints, they shall be installed perpendicular to the plane of the joint and shall have expansion fittings. Expansion fittings shall be as follows: a. Expansion fittings for exposed conduit shall have external bonding jumpers for ground continuity and shall be O.Z. Electrical Mfg. Co. Type Ex, Crouse-Hinds Type XJ, or equal. b. Expansion fittings embedded in concrete shall be expansion deflection type consisting of molded neoprene sleeves with bonding jumpers passing through separate waterproof compartments, and two silicon bronze couplings. They shall permit a 3/4-inch expansion and contraction and a 3/4-inch deflection without deformation. 13. All conduits shall be installed as shown on the Drawings, with the exact location and routing to be determined in the field as required. 14. Cable runs shall be segregated so that no two of the following types of cable occupy the same conduit: a) 480-V power cable. b) 240/120-V, AC, miscellaneous lighting and receptacle circuit cable; plug-in type. C) 240/120-V, AC, power and control cable. d) Low voltage or current, DC, control cable. e) Instrumentation cable. 15. Conduits penetrating walls, ceilings and floors of buildings and/or structures shall be sealed as shown on the Drawings. Sealing of conduit ID shall be by combination seal/drain fittings where shown on the Drawings. Sealing of conduit OD shall be by means of conduit sleeve and sealing compound. Sealing compound shall be of a type approved for the conditions and use. C. Installation of Flexible Liquid-Tight Conduits 1. Flexible liquid-tight conduits shall be used for connection to motors and to any other equipment subject to vibration. Liquid-tight fittings and connectors shall be used in conjunction with the liquid-tight flexible conduit installation. 2. Flexible liquid-tight conduit lengths shall not exceed 6 feet. D. Installation of EMT Conduits and Fittings 1. Installation of EMT shall conform to the applicable requirements of rigid steel conduits as previously specified. SP-111 Bid Book Page 147 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 2. EMT conduits shall be connected to the outlet boxes and panelboards by means of "gland" type connectors. Couplings between conduits shall be "gland"couplings. Conduits shall enter all couplings and connectors the full distance required and shall be securely held in place by a tightening of a "Locking Nut". 3. EMT shall not be embedded in concrete, used in hazardous locations where explosion-proof equipment is required, or buried in earth. Indentor or set screw type fittings shall not be used. E. Installation of Rigid Nonmetallic (PVC) Conduits 1. Installation of rigid nonmetallic (PVC) conduit shall conform to applicable requirements of installation of rigid steel conduits as previously specified. Installation of rigid nonmetallic (PVC) conduit shall be as shown on the Drawings and shall be in accordance with the manufacturer's recommended procedures. 2. Installation shall meet the requirements of N.E.C. Article 347 Part A. 3. The conduit shall be cut square. All burrs shall be removed from the inside and outside of the conduit. 4. Bending: a) Bending of the conduit shall be made so that the conduit will not be injured and the internal diameter of the conduit will not be effectively reduced. Bends shall be made with a standard PVC pipe bending equipment. b) The conduit section shall be heated evenly over the entire length of the bend. The use of torches or other flame-type devices will not be allowed. Sections showing evidence of scorching or discoloration shall not be acceptable for use on the project. C) The radius of the bend shall not be less than that shown in Table 346-10 of the National Electric Code. 5. Joints: a) All joints shall be test mated without forcing. The socket depth of the fitting shall be marked on the outside of the conduit without scratching or damaging the surface. The conduit should enter the fitting for the full depth of the socket depth. b) Before applying cement, the surfaces to be joined shall be wiped clean and free of dirt, oil, grease or moisture. The solvent cement shall be applied to the conduit and fittings quickly, consistent with good workmanship. Under conditions of high humidity, a second full SP-112 Bid Book Page 148 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 coating of cement shall be applied to the conduit before insertion. C) Immediately after applying the coat of cement to the conduit and fittings, the conduit shall be inserted into the fitting socket until it bottoms at the fitting shoulder. The conduit shall be turned 1/ turn during insertion to distribute the cement evenly. Excess cement shall be wiped away from the outside of the joint. d) Newly assembled joints shall be handled carefully until the cement has gone through the set period. The recommended set periods are related to temperature as follows: 60 to 100 degrees F: 30 minutes 40 to 60 degrees F: 1 hour 20 to 40 degrees F: 2 hours 0 to 20 degrees F: 4 hours 6. Conduit Encased in Concrete: a) Underground concrete-encased conduit shall be supported on plastic spacers specifically designed for the purpose spaced along the length of the run as recommended by the manufacturer. Spacing between raceways within a common duct dank shall be not less than 2 inches. Concrete cover overall shall not be less than 3 inches all around the encased run. Space below the conduit, and concrete fill shall be assured. Care shall be exercised during concrete placement to assure that there are no voids, so that spacers are undisturbed, and so that conduit joints stay secure and unbroken. When pouring concrete the concrete shall be deflected or diverted during placement to minimize the possible damage to or movement of the conduits. b) Conduit encased in concrete shall have steel reinforcing where installed below roadway or other paved vehicle areas (including shoulder) and the reinforcement shall extend not less than 5 feet additional from the edge of pavement unless otherwise indicated. Steel reinforcement shall not be less than No. 4 bars at corners and otherwise spaced on 12-inch centers,tied with No. 4 bars on 12-inch centers. 7. Expansion Fittings a) Expansion fittings shall be provided for all runs crossing structural expansion joints. b) Expansion fittings, as specified herein, shall be installed in all raceway runs crossing structural expansion joints. Unless otherwise indicated or approved by the Owner's Representative expansion fittings shall include an 8-inch expansion fitting plus a deflection fitting allowing not less than a 3/4-inch deflection in any direction. SP-113 Bid Book Page 149 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 The drawings shall be examined to determine complete extent of expansion joints. C) Concrete shall be formed around the expansion fittings in a manner to permit their movement as specified. 3.03 PAINTING (Not applicable in this Section). PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT Measurement will not be made for the Work specified in this Section. 4.02 PAYMENT A. Separate measurement or payment will not be made for the Work specified in this Section.All costs for such Work shall be considered incidental and shall be included in the prices bid for the various items to which they pertain in the Schedule of Prices. B. These prices shall be full compensation for furnishing all materials; and for all preparation, excavation, installation and backfilling; and for all labor, equipment, tools, and incidentals necessary to complete the items as specified herein. C. Payment will not be made for any other items except as listed above. All other costs associated with such Work shall be considered incidental and shall be included in the prices bid for the various items to which they pertain. WIRE AND CABLE PART 1- GENERAL 1.01 SCOPE A. Description This Section specifies the furnishing, installing, connecting, and testing of all insulated wire and cable required for component parts of electrical power, control, annunciation, low level control, signal, instrumentation, lighting, and telephone, including lugs and terminals,terminal blocks, cable joints,splice connectors, splicing materials, cable grips and wedges, cable clamps, cable supports, cable terminators, identification tags, and other miscellaneous equipment required to make a complete installation ready for operation. B. Related Work SP-114 Bid Book Page 150 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 All equipment to be electrically connected. 1.02 QUALITY ASSURANCE A. Acceptable Materials Conductors shall be annealed copper wire,tinned where required and shall conform to the requirements of ICEA Standards. Cable and wire shall conform to the corresponding requirements of the below listed Applicable Standards. B. Applicable Standards Construction and testing of all wire and cable shall conform to the applicable requirements of the ICEA Standard S-19-81, NEMA Pub. WC-4 "Rubber-Insulated Wire and Cable for the Transmission and Distribution of Electrical Energy"; ICEA Standard S-61-402, NEMA Pub. No. WC-5, "Thermoplastic-Insulated Wire and Cable for the Transmission and Distribution of Electrical Energy"; or ICEA Standard S-66-524, NEMA Pub. No. WC-7, "Cross Linked Thermosetting-Polyethylene Insulated Wire and Cable for the Transmission and Distribution of Electrical Energy"; ICEA Pub. No. 68-516, NEMA Pub. No. WC-8, "Ethylene-Propylene-Rubber- Insulated Wire and Cable for Transmission and Distribution of Electrical Energy"; or ICEA Pub. No. S-56-434, "Standard for Polyethylene-Insulated Thermoplastic- Jacketed Communication Cables". Installation shall conform to the requirements of the NEC. 1.03 SUBMITTALS The Contractor shall submit to the Owner's Representative for review drawings, product specifications, and description, together with installation instructions and field check-out/testing procedures specified in the Submittals Section for all cable and wire furnished. Construction and insulation material features of all cable and wire shall be submitted for review. Samples shall be furnished when requested. PART 2- PRODUCT 2.01 GENERAL Conductors shall be annealed copper wire, tinned when required and shall conform to the requirements of ICEA Standards. 2.02 SIZE REQUIREMENTS Not less than required by NEC and as shown on the Drawings. 2.03 DETAILS OF CONSTRUCTION A. 600-V Power and Lighting Cable SP-115 Bid Book Page 151 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 Service entrance cables and any other power and lighting cables installed in conduits which are routed in concrete slabs or underground shall be type RHH- RHW-USE with insulation suitable for 600-V operation. Branch power and lighting circuits installed in conduits which are routed on walls or on trapeze on ceiling shall be type THW or THWN,with insulation suitable for 600-V operation. No wire smaller than No. 12 AWG shall be used. Conductors No. 10 AWG and smaller may be solid. Conductors larger than No. 10 AWG shall be Class B stranded. B. Control, Instrumentation, and Annunciation Cable Control, instrumentation, and annunciation cable shall be single conductor suitable for 600-V service. Cable shall consist of Class B stranded conductors with insulation the same as that for 600-V power cable specified above. An overall outer jacket of polyvinyl chloride or neoprene shall be provided. Individual conductors of a multi-conductor cable shall be color coded. C. Low Level Control, Instrumentation, and Signal Cable The low level control, instrumentation and signal cables for carrying digital, analog, audio, or DC pulsed signals shall have individually shielded twisted pairs, PVC insulated for 600-V service,with overall shielding, and PVC jackets. The conductor shall be Class C stranded, No. 16 AWG or larger. Individual conductors of all twisted pairs shall be color Coded. D. Telephone Cable Telephone cable shall consist of No. 16 AWG or larger conductors with polyethylene insulation made up in color-coded twisted pairs to reduce crosstalk, a nonhygroscopic tape cable binder, a copper tape shield, and a polyethylene jacket. E. Fixture Wire Fixture wire shall be No. 14 AWG or larger with Class B stranding and with construction conforming to NEC, Type SF-2, consisting of a silicone rubber insulation with a protective woven fiber glass braid. PART 3- EXECUTION 3.01 FACTORY TESTS AND INSPECTION Routine factory testing and inspection shall be performed in accordance with the requirements of the applicable standard. 3.02 INSTALLATION AND TESTING A. Installation 1. Cable runs shall be continuous from terminal to terminal to the extent permitted by available commercial lengths. If splices are made in a run,they shall be made in boxes provided for the purpose and in an approved SP-116 Bid Book Page 152 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 manner. The splicing process shall produce a joint which is as moisture- proof as the cable itself. Splices concealed in conduit shall not be permitted. 2. Insulated wire and cable shall be handled with care so as to avoid kinking and damage to insulation and outer jackets. Cables shall not be bent around a radius less than that recommended by the manufacturer. 3. The Contractor shall furnish all boxes, lugs, terminal blocks, and spade or ring terminals required where not furnished with the equipment and shall make all connections required to provide a complete installation ready to operate. 4. Cable identification tags of a permanent type shall be provided and installed on all cables used for power, control, annunciation,telephone, metering and relaying, and lighting (except branch lighting conductors) for easy identification of the cables. Splices made in boxes shall also be permanently and prominently tagged. Tags shall bear the cable or wire designation shown on the Drawings or as directed. Samples of the proposed tags shall be submitted for review. 5. Wires and cables, in addition to being permanently tagged for identification, shall also be color coded as much as possible, except that Green shall always be used exclusively for"Ground" and White always for"Neutral" or "Return". In 1-ph service, Black shall always be "Hot". Switch and branch legs may be Red, Blue, Brown, Orange, Purple, or Yellow. 6. No cable shall be pulled into conduit unless the conduit is clean and dry. 7. Cable wedges, basket-weave grips, and clamps shall be furnished and installed to support vertical or inclined cable runs as shown on the Drawings or as required. Cables passing through hand holes shall be grouped, formed along the walls, and supported on brackets. 8. Sufficient slack shall be allowed in each run to permit contraction and expansion. Where a number of single conductor cables or wires comprising a circuit are trained through a pullbox, terminal box, or wiring gutter, they shall be neatly laced and tied together. Lacing shall also apply from the point of leaving a raceway to the point of attachment on the terminals of the Service Entrances/Switchboard, Motor Control Centers, Control Cabinets, or other devices unless the run will be in conduit. Lacing cord and the method of lacing shall be subject to review. Exposed wires and cables shall be cleaned of all wire pulling lubricant which may have remained on the cables after pulling through conduits or ducts. 9. Cables entering free standing equipment compartments from below shall be supported near the floor by means of approved cable clamps and brackets. 10. Metallic braid or tapes of shielded cables shall be grounded at only one end of the cables. SP-117 Bid Book Page 153 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 11. Connections in wires and cables shall be made in conformance with National Electrical Code. 12. Splicing of wires and cables shall be made in appropriately sized enclosures, as follows: a) Lighting wires and cables AWG sizes 14-10 shall be spliced by means of spring action type, insulated, color coded connectors, Scotchlock or equal. Connectors shall be individually sealed by means of Scotchlock or equal, connector sealing compound. b) Power and control cables AWG sizes 14-6 shall be spliced using in line compression type copper connectors. C) Power cables AWG sizes 4-350 MCM shall be spliced using compression type, one or two holes straight copper lugs. 13. Any and all excavation, trenching, concreting, backfilling required for the installation of wire and cables, shall be performed by the Contractor and at the Contractor's expense. B. Testing 1. All circuits shall be rung-out or talked-out with proper signalling devices, and with all equipment disconnected at each end, to indicate that the circuit is continuous. 2. Resistance measurements shall be taken after installation on all wire and cable, but before connections are made to equipment terminal, including shielded cables but excluding telephone circuits,to determine the adequacy of the insulation. Each circuit shall be tested for insulation between conductors, and between conductors and ground. Insulation resistances shall not be less than 1,000,000 Ohms to ground when testing with a 500-V DC direct reading "Megger" Ohmmeter. 3.03 PAINTING (Not applicable to this Section). PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT Measurement will not be made of the Work specified in this Section. 4.02 PAYMENT C. Separate measurement or payment will not be made for the Work specified in this Section.All costs for such Work shall be considered incidental and shall be included in the prices bid for the various items to which they pertain in the Schedule of Prices. SP-118 Bid Book Page 154 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 B. These prices shall be full compensation for furnishing all materials, labor, equipment, tools, and incidentals necessary to complete the items as specified herein. C. Payment will not be made for any other items except as listed above. All other costs associated with such Work shall be considered incidental and shall be included in the prices bid for the various items to which they pertain. ELECTRICAL PANELS & ENCLOSURES PART 1- GENERAL 1.01 SCOPE A. Description This Section covers electrical panels and enclosures to be furnished, installed, connected and tested as specified herein and as shown on the Drawings. Panels and enclosures shall include fittings, grounding connections, wiring devices and accessories required for a complete installation. All related fittings, connectors, supports and anchors where required, but not specifically provided for in these Specifications shall be included under this Section of Work. B. Related Work 1. Water Well Section 2. Submersible Well Pump and Motor Section 3. Other Sections as specified herein. 1.02 QUALITY ASSURANCE A. Acceptable Manufacturers Provide products produced by one of the following manufacturers. (Note: All electrical equipment provided under this Section shall be from the same manufacturer.) Square D Co. General Electric Co. Westinghouse Electric Corp. Musco Lighting, Inc. B. Applicable Standards 1. UL Labels: Provide electrical panelboards, enclosures and accessories which have been listed and labeled by Underwriters Laboratories. SP-119 Bid Book Page 155 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 Equipment shall be approved for use as service entrance equipment where applicable. 2. NEC Compliance: Comply with National Electrical Code (NFPA 70/ ANSI Cl) as applicable to construction and installation of cabinets and panelboards. Comply with applicable NEC articles pertaining to installation of wiring and equipment in hazardous locations. 3. NEMA Compliance: Comply with National Electrical Manufacturers Association Stds. Pub. No. PB1, "Panelboards", and the installation portion of Std. Pub. No. PB1, "NEMA Instructions for the Safe Installation, Operation and Maintenance of Panelboards". C. Installer A firm with at least 5 years of successful installation experience on projects with electrical installation work similar to that required for the project. 1.03 SUBMITTALS The Contractor shall submit to the Owner's Representative for review drawings, product specifications and descriptions, including schematic diagrams, wiring connection diagrams, together with installation instruction, and operating and maintenance procedures specified in the Submittals Section for all equipment furnished. PART 2- PRODUCTS 2.01 GENERAL The Drawings show the approximate locations of electrical panels and other related equipment connected to the panel(s). Conduit and wiring connections shall be furnished by the Contractor in accordance with the circuiting and control as may be shown on the Drawings. Branch circuit breakers, spares, and spaces shall be as shown on the Drawings, where applicable. 2.02 RATING Panel Rating Well Pump Control Panel, WP-1 (SHALLOW) 100 Amp, 480V, 36, 4W Well Pump Control Panel, WP-1 (DEEP) 400 Amp, 480V, 36, 4W 2.03 DETAILS OF CONSTRUCTION A. Panelboards: Provide dead-front safety type panelboards where indicated, with switching and protective devices in the number, rating, type and arrangement shown;with anti-burn solderless pressure type lug connectors approved for copper conductors,for connecting feeder to panel; equipped with copper bus bars,full-sized neutral bar,with bolt-in type heavy-duty, quick-make, quick-break, circuit breakers; provide suitable lugs on neutral bus for each outgoing feeder required; install a bare insulated grounding bar bolted to the enclosure. Panelboards shall be factory SP-120 Bid Book Page 156 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 assembled and shall be of the unit type mounted on a back-plate properly formed to provide a rigid assembly to protect against damage during handling and installation. The structure shall be designed and assembled so that unit(s) can be easily replaced without disturbing adjacent unit(s) or bus structures and without field machining of connection straps or panel bus. A removable barrier pan shall be provided over the main and branch-circuit protective devices to provide easy access to the wiring. All lugs shall be of the solderless type. The neutral bar shall be a solid, grounded bar and shall have numbered terminals for connection of neutral wires. Main buses shall have current carrying capacity as previously specified. Terminals of the main breaker shall be of the pressure type suitable for wire size. A door shall be provided for the complete panelboard. On the inside of the door there shall be a directory frame on which the Contractor shall neatly type the identification for each branch circuit. The panelboard shall be provided with a ground connector. B. Panelboard Enclosures: Provide sheet steel enclosures, NEMA Type 1 (as minimum)unless otherwise indicated, code gage, minimum 16 gage thickness,with multiple knockouts; provide doors with flush lock and key, all panelboard enclosures keyed alike, with concealed hinges and door swing as indicated; equipped with interior circuit-directory frame, card and clear plastic covering; name-plate; provided painted grey enamel finish over a rust inhibitor. C. Panelboard Circuit Breakers: Circuit breakers shall be quick make and quick break with arc suppressors of the de-ionizing type and with thermal and magnetic tripping and shall be provided with self-contained, non-interchangeable trip elements effectively sealed to prevent tampering. Contacts shall be of a non-welding silver alloy. Multi-pole breakers shall have a common trip mechanism and common operating handle. All circuit breakers shall give a clear indication of their "ON", "OFF" and "TRIPPED" positions. All branch circuits shall be clearly numbered to correspond to the directory on the door. Frame size 225 amp and larger shall have adjustable magnetic instantaneous trip. Frame size 400 amp and larger shall have interchangeable thermal magnetic trip units. All values are minimum at rated voltage. Ground fault interrupter type circuit breakers shall be installed where required by code or as indicated by Drawings or Specifications. The ground fault interrupting type circuit breakers shall protect personnel from electrical shock hazards from ground fault currents as low as 5 mA and shall meet requirements of UL designation Class A, Group 1 device. D. Metering Transformer Cabinet designated CT shall be in accordance with Commonwealth Edison Company requirements, suitable for the application, arranged for outdoor use (NEMA Type 3R Enclosure) and provided with integral meter socket. PART 3- EXECUTION 3.01 FACTORY TEST AND INSPECTION Each item of equipment shall be shop-assembled and tested in accordance with the SP-121 Bid Book Page 157 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 manufacturer's standard procedure, monitoring and control devices shall be functionally tested to verify correct operation and that all parts function properly. 3.02 INSTALLATION AND TESTING A. Prior to installation, Contractor shall examine the areas and conditions under which panel(s) and enclosure(s) are to be installed and notify the Owner in writing of conditions detrimental to the proper and timely completion of the Work. Do not proceed with the Work until unsatisfactory conditions have been corrected. B. The Contractor shall install all panel(s)/enclosure(s), and associated supports and fittings, conduit, boxes,wiring and grounding conductors as specified and as shown on the Drawings, and in accordance with the manufacturer's instructions and recommendations. C. Panel(s)/enclosure(s) shall be directly and rigidly mounted on their supporting structures. The conduit system shall not be used for support purposes. Anchor panels and enclosures firmly to walls and structural surfaces, ensuring that they are permanently and mechanically secured. D. Panel(s)/enclosure(s)shall not be fastened directly to concrete but shall be spaced away by means of galvanized metal channels or spacers, unless otherwise shown on the Drawings. E. All panel(s)/enclosure(s) shall be directly grounded to the equipment grounding system by bonding the grounded conduit system to the non-current carrying metal enclosure. Grounding type lock-nuts or conduit bushings shall be used. F. After completing the installation of panels and enclosures including electrical connections, the Contractor shall fill out enclosure's circuit directory card. Directory shall be typewritten. 3.03 PAINTING A. All equipment specified in this Section shall be shop-finished with the manufacture's standard finish. Panelboard enclosure shall be painted as previously specified. All equipment specified in this Section shall be field painted per Owner's direction. B. The Contractor shall be responsible for coordination of compatibility between the manufacturer's standard finish and any field painting required. PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT Measurement will not be made for the Work specified in this Section. 4.02 PAYMENT A. Payment of the Work specified in this Section will be made at the contract unit prices SP-122 Bid Book Page 158 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 each for the below listed Items in the Schedule of Prices: Alternate No. B IRR_ALTB_54 FEDLL PUMP - SHALLOW- MOTOR STARTER, CONTROLLER, & LSUM IRR_ALTB_67 WELL PUMP - DEEP- MOTOR STARTER, CONTROLLER, &VFD LSUM B. These prices shall be full compensation for furnishing all materials; and for all preparation, installation, and for all labor, equipment, tools, and incidentals necessary for the Work as required by the Drawings. C. Payment will not be made for any other items except as listed above. All other costs associated with such Work shall be considered incidental and shall be included in the prices bid for the various items to which they pertain. P -"'A Pd'Jt OLIIPII SP 1RwniumpLnati:;hlraln Ro; dri,c=va r M11,iarifp rr Ki„,N.....'Y ii .¢:JV:JV;7VJN N"ix: SP-123 Bid Book Page 159 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect CBBEL Project No 150225.00004 SP-124 Bid Book Page 160 BIDE SPECIAL PROVISIONS For the April 26, 2019 and June 14, 2019 Lettings The following special provisions indicated by a "check mark" are applicable to this contract and will be included by the Project Coordination and Implementation Section of the BD&E. An * indicates a new or revised special provision for the letting. File Name # Special Provision Title Effective Revised 80099 1 ❑ Accessible Pedestrian Signals (APS) April 1, 2003 Jan. 1, 2014 80274 2 ❑ Aggregate Subgrade Improvement April 1, 2012 April 1, 2016 80192 3 ❑ Automated Flagger Assistance Device Jan. 1, 2008 80173 4 ❑ Bituminous Materials Cost Adjustments Nov. 2, 2006 Aug. 1, 2017 80241 5 ❑ Bridge Demolition Debris July 1, 2009 50261 6 ❑ Building Removal-Case I (Non-Friable and Friable Asbestos) Sept. 1, 1990 April 1, 2010 50481 7 ❑ Building Removal-Case 11 (Non-Friable Asbestos) Sept. 1, 1990 April 1, 2010 50491 8 ❑ Building Removal-Case III (Friable Asbestos) Sept. 1, 1990 April 1, 2010 50531 9 ❑ Building Removal-Case IV (No Asbestos) Sept. 1, 1990 April 1, 2010 80404 10 ❑ Coarse Aggregate Quality for Micro-Surfacing and Cape Seals Jan. 1, 2019 * 80384 11 ❑ Compensable Delay Costs June 2, 2017 April 1, 2019 80198 12 ❑ Completion Date (via calendar days) April 1, 2008 80199 13 ❑ Completion Date (via calendar days) Plus Working Days April 1, 2008 80293 14 ❑ Concrete Box Culverts with Skews > 30 Degrees and April 1, 2012 July 1, 2016 Design Fills <_ 5 Feet 80311 15 ❑ Concrete End Sections for Pipe Culverts Jan. 1, 2013 April 1, 2016 80277 16 ❑ Concrete Mix Design- Department Provided Jan. 1, 2012 April 1, 2016 80261 17 ❑� Construction Air Quality- Diesel Retrofit June 1, 2010 Nov. 1, 2014 80387 18 ❑ Contrast Preformed Plastic Pavement Marking Nov. 1, 2017 * 80029 19 ❑ Disadvantaged Business Enterprise Participation Sept. 1, 2000 March 2, 2019 80402 20 ❑ Disposal Fees Nov. 1, 2018 80378 21 ❑ Dowel Bar Inserter Jan. 1, 2017 Jan. 1, 2018 80405 22 ❑ Elastomeric Bearings Jan. 1, 2019 80388 23 ❑ Equipment Parking and Storage Nov. 1, 2017 80229 24 ❑ Fuel Cost Adjustment April 1, 2009 Aug. 1, 2017 80304 25 ❑ Grooving for Recessed Pavement Markings Nov. 1, 2012 Nov. 1, 2017 80246 26 ❑ Hot-Mix Asphalt- Density Testing of Longitudinal Joints Jan. 1, 2010 Aug. 1, 2018 80398 27 ❑ Hot-Mix Asphalt-Longitudinal Joint Sealant Aug. 1, 2018 Jan. 1, 2019 80406 28 ❑ Hot-Mix Asphalt- Mixture Design Verification and Production Jan. 1, 2019 (Modified for I-FIT Projects) 80399 29 ❑ Hot-Mix Asphalt-Oscillatory Roller Aug. 1, 2018 Nov. 1, 2018 80347 30 ❑ Hot-Mix Asphalt- Pay for Performance Using Percent Nov. 1, 2014 Aug. 1, 2018 Within Limits-Jobsite Sampling 80383 31 ❑ Hot-Mix Asphalt-Quality Control for Performance April 1, 2017 Jan. 1, 2019 80376 32 ❑ Hot-Mix Asphalt-Tack Coat Nov. 1, 2016 80392 33 ❑ Lights on Barricades Jan. 1, 2018 80336 34 ❑ Longitudinal Joint and Crack Patching April 1, 2014 April 1, 2016 * 80411 35 ❑ Luminaires, LED April 1, 2019 * 80393 36 ❑� Manholes, Valve Vaults, and Flat Slab Tops Jan. 1, 2018 March 1, 2019 80400 37 ❑ Mast Arm Assembly and Pole Aug. 1, 2018 80045 38 ❑ Material Transfer Device June 15, 1999 Aug. 1, 2014 80394 39 ❑ Metal Flared End Section for Pipe Culverts Jan. 1, 2018 April 1, 2018 80165 40 ❑ Moisture Cured Urethane Paint System Nov. 1, 2006 Jan. 1, 2010 80349 41 ❑ Pavement Marking Blackout Tape Nov. 1, 2014 April 1, 2016 80371 42 ❑ Pavement Marking Removal July 1, 2016 80390 43 ❑ Payments to Subcontractors Nov. 2, 2017 80389 44 ❑ Portland Cement Concrete Nov. 1, 2017 80359 45 ❑ Portland Cement Concrete Bridge Deck Curing April 1, 2015 Nov. 1, 2017 Bid Book Page 161 80300 46 ❑ Preformed Plastic Pavement Marking Type D- Inlaid April 1, 2012 April 1, 2016 80328 47 ❑ Progress Payments Nov. 2, 2013 34261 48 ❑ Railroad Protective Liability Insurance Dec. 1, 1986 Jan. 1, 2006 80157 49 ❑ Railroad Protective Liability Insurance (5 and 10) Jan. 1, 2006 80306 50 ❑ Reclaimed Asphalt Pavement(RAP)and Reclaimed Nov. 1, 2012 Jan. 1, 2019 Asphalt Shingles (RAS) 80407 51 ❑ Removal and Disposal of Regulated Substances Jan. 1, 2019 80395 52 ❑ Sloped Metal End Section for Pipe Culverts Jan. 1, 2018 80340 53 ❑ Speed Display Trailer April 2, 2014 Jan. 1, 2017 80127 54 ❑ Steel Cost Adjustment April 2, 2004 Aug. 1, 2017 80408 55 ❑ Steel Plate Beam Guardrail Manufacturing Jan. 1, 2019 80397 56 ❑ Subcontractor and DBE Payment Reporting April 2, 2018 80391 57 ❑ Subcontractor Mobilization Payments Nov. 2, 2017 April 1, 2019 80317 58 ❑ Surface Testing of Hot-Mix Asphalt Overlays Jan. 1, 2013 April 1, 2016 80298 59 ❑ Temporary Pavement Marking April 1, 2012 April 1, 2017 20338 60 ❑ Training Special Provisions Oct. 15, 1975 80403 61 ❑ Traffic Barrier Terminal, Type 1 Special Nov. 1, 2018 80409 62 ❑ Traffic Control Devices- Cones Jan. 1, 2019 80410 63 ❑ Traffic Spotters Jan. 1, 2019 80318 64 ❑ Traversable Pipe Grate for Concrete End Sections Jan. 1, 2013 Jan. 1, 2018 80288 65 ❑ Warm Mix Asphalt Jan. 1, 2012 April 1, 2016 80302 66 ❑ Weekly DBE Trucking Reports June 2, 2012 April 2, 2015 80071 67 ❑ Working Days Jan. 1, 2002 The following special provisions are in the 2019 Supplemental Specifications and Recurring Special Provisions. File Name Special Provision Title New Location(s) Effective Revised 80382 Adjusting Frames and Grates Articles 602.02(s)and (t), 1043.04, April 1, 2017 and 1043.05 80366 Butt Joints Article 406.08(c) July 1, 2016 80386 Calcium Aluminate Cement for Class PP-5 Article 1001.01(e) Nov. 1, 2017 Concrete Patching 80396 Class A and B Patching Articles 442.06(a)(1)and (2) Jan. 1, 2018 Nov. 1, 2018 80377 Portable Changeable Message Signs Articles 701.20(h) and 1106.02(i) Nov. 1, 2016 April 1, 2017 80385 Portland Cement Concrete Sidewalk Article 424.12 Aug. 1, 2017 The following special provision has been deleted from use. File Name Special Provision Title Effective Revised 80401 Portland Cement Concrete Pavement Connector for Bridge Approach Slab Aug. 1, 2018 The following special provisions require additional information from the designer. The additional information needs to be submitted as a separate document. The Project Coordination and Implementation section will then include the information in the applicable special provision. • Bridge Demolition Debris • Building Removal-Case IV • Material Transfer Device • Building Removal-Case I . Completion Date • Railroad Protective Liability Insurance • Building Removal-Case II 0 Completion Date Plus Working Days 0 Training Special Provisions • Building Removal-Case III • DBE Participation • Working Days Bid Book Page 162 CONSTRUCTION AIR QUALITY— DIESEL RETROFIT (BDE) Effective: June 1, 2010 Revised: November 1, 2014 The reduction of emissions of particulate matter (PM) for off-road equipment shall be accomplished by installing retrofit emission control devices. The term "equipment" refers to diesel fuel powered devices rated at 50 hp and above, to be used on the jobsite in excess of seven calendar days over the course of the construction period on the jobsite (including rental equipment). Contractor and subcontractor diesel powered off-road equipment assigned to the contract shall be retrofitted using the phased in approach shown below. Equipment that is of a model year older than the year given for that equipment's respective horsepower range shall be retrofitted: Effective Dates Horsepower Range Model Year June 1, 2010 600-749 2002 750 and up 2006 June 1, 2011 21 100-299 2003 300-599 2001 600-749 2002 750 and up 2006 June 1, 2012 21 50-99 2004 100-299 2003 300-599 2001 600-749 2002 750 and up 2006 1/ Effective dates apply to Contractor diesel powered off-road equipment assigned to the contract. 2/ Effective dates apply to Contractor and subcontractor diesel powered off-road equipment assigned to the contract. The retrofit emission control devices shall achieve a minimum PM emission reduction of 50 percent and shall be: a) Included on the U.S. Environmental Protection Agency (USEPA) Verified Retrofit Technology List (http://www.epa.gov/cleandiesel/verification/verif-list.htm), or verified by the California Air Resources Board (CARB) (http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm); or b) Retrofitted with a non-verified diesel retrofit emission control device if verified retrofit emission control devices are not available for equipment proposed to be used on the project, and if the Contractor has obtained a performance certification from the retrofit Bid Book Page 163 device manufacturer that the emission control device provides a minimum PM emission reduction of 50 percent. Note: Large cranes (Crawler mounted cranes) which are responsible for critical lift operations are exempt from installing retrofit emission control devices if such devices adversely affect equipment operation. Diesel powered off-road equipment with engine ratings of 50 hp and above, which are unable to be retrofitted with verified emission control devices or if performance certifications are not available which will achieve a minimum 50 percent PM reduction, may be granted a waiver by the Department if documentation is provided showing good faith efforts were made by the Contractor to retrofit the equipment. Construction shall not proceed until the Contractor submits a certified list of the diesel powered off-road equipment that will be used, and as necessary, retrofitted with emission control devices. The list(s) shall include (1) the equipment number, type, make, Contractor/rental company name; and (2) the emission control devices make, model, USEPA or CARB verification number, or performance certification from the retrofit device manufacturer. Equipment reported as fitted with emissions control devices shall be made available to the Engineer for visual inspection of the device installation, prior to being used on the jobsite. The Contractor shall submit an updated list of retrofitted off-road construction equipment as retrofitted equipment changes or comes on to the jobsite. The addition or deletion of any diesel powered equipment shall be included on the updated list. If any diesel powered off-road equipment is found to be in non-compliance with any portion of this special provision, the Engineer will issue the Contractor a diesel retrofit deficiency deduction. Any costs associated with retrofitting any diesel powered off-road equipment with emission control devices shall be considered as included in the contract unit prices bid for the various items of work involved and no additional compensation will be allowed. The Contractor's compliance with this notice and any associated regulations shall not be grounds for a claim. Diesel Retrofit Deficiency Deduction When the Engineer determines that a diesel retrofit deficiency exists, a daily monetary deduction will be imposed for each calendar day or fraction thereof the deficiency continues to exist. The calendar day(s) will begin when the time period for correction is exceeded and end with the Engineer's written acceptance of the correction. The daily monetary deduction will be $1,000.00 for each deficiency identified. The deficiency will be based on lack of diesel retrofit emissions control. If a Contractor accumulates three diesel retrofit deficiency deductions for the same piece of equipment in a contract period, the Contractor will be shutdown until the deficiency is corrected. Bid Book Page 164 Such a shutdown will not be grounds for any extension of the contract time, waiver of penalties, or be grounds for any claim. 80261 Bid Book Page 165 MANHOLES, VALVE VAULTS, AND FLAT SLAB TOPS (BDE) Effective: January 1, 2018 Revised: March 1, 2019 Description. In addition to those manufactured according to the current standards included in this contract, manholes, valve vaults, and flat slab tops manufactured prior to March 1, 2019, according to the previous Highway Standards listed below will be accepted on this contract: Product Previous Standards Precast Manhole Type A, 4' (1.22 m) Diameter 602401-05 602401-04 602401-03 Precast Manhole Type A, 5' (1.52 m) Diameter 602402-01 602402 602401-03 Precast Manhole Type A, 6' (1.83 m) Diameter 602406-09 602406-08 602406-07 Precast Manhole Type A, 7' (2.13 m) Diameter 602411-07 602411-06 602411-05 Precast Manhole Type A, 8' (2.44 m) Diameter 602416-07 602416-06 602416-05 Precast Manhole Type A, 9' (2.74 m) Diameter 602421-07 602421-06 602421-05 Precast Manhole Type A, 10' (3.05 m) Diameter 602426-01 602426 Precast Valve Vault Type A, 4' (1.22 m) Diameter 602501-04 602501-03 602501-02 Precast Valve Vault Type A, 5' (1.52 m) Diameter 602506-01 602506 602501-02 Precast Reinforced Concrete Flat Slab Top 602601-05 602601-04 The following revisions to the Standard Specifications shall apply to manholes, valve vaults, and flat slab tops manufactured according to the current standards included in this contract: Revise Article 602.02(g) of the Standard Specifications to read: "(g) Structural Steel (Note 4).......................................................................................1006.04 Note 4. All components of the manhole joint splice shall be galvanized according to the requirements of AASHTO M 111 or M 232 as applicable." Add the following to Article 602.02 of the Standard Specifications: "(s) Anchor Bolts and Rods (Note 5)...........................................................................1006.09 Note 5. The threaded rods for the manhole joint splice shall be according to the requirements of ASTM F 1554, Grade 55, (Grade 380)." Revise the second paragraph of Article 1042.10 of the Standard Specifications to read: "Catch basin Types A, B, C, and D; Manhole Type A; Inlet Types A and B; Drainage Structures Types 1, 2, 3, 4, 5, and 6; Valve Vault Type A; and reinforced concrete flat slab top (Highway Standard 602601) shall be manufactured according to AASHTO M 199 (M 199M), except as shown on the plans. Additionally, catch basins, inlets, and drainage structures shall have a minimum concrete compressive strength of 4500 psi (31,000 kPa) at 28 days and manholes, Bid Book Page 166 valve vaults, and reinforced concrete flat slab tops shall have a minimum concrete compressive strength of 5000 psi (34,500 kPa) at 28 days." 80393 Bid Book Page 167 STATE OF ILLINOIS ) SS COUNTY OF COOK ) I, Karen Agoranos, do hereby certify that I am the duly appointed Village Clerk of the Village of Mount Prospect and as such, am keeper of the records and files of said Village. I do further certify that attached hereto is a true and correct copy of Resolution No, 28-19 entitled "A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO TO UTILIZE PHASE II STORMWATER GRANT FUNDS FOR THE CONSTRUCTION OF THE BURNING PUSH TRAILS PARK STORMWATER IMPROVEMENTS" passed at the regular meeting of the Mayor and Board of Trustees held August 7, 2919, at which time the Village Board voted as follows AYES: Grossi, Hatzis, Hoefert, Zadel NAYS, None ABSENT. Rosters, Saccotelli all as appears in the official records and files in my care and custody. Dated this 7111 day of Auguste 2019, Karen M. AgorAoos Village Clerk Village of Mount Prospect Cook County, Illinois (Seal) Gi 4CL.KM@ilurd ninvw*uv�doc Bid Book Page 169 RESOLUTION NO, 28-19 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO TO UTILIZE PHASE 11 STORMWATER GRANT FUNDS FOR THE CONSTRUCTION OF THE BURNING BUSH TRAILS PARK-STQRMWATER IMPROVEMENTS, WHEREAS, the Village of Mount Prospect (the "Village") is a home rule unit of government pursuant to Article VII, Section 6 of the Illinois Constitution of 1970; and WHEREAS, the provisions of the Intergovernmental Cooperation Act, (5 ILCS 220/1 et seq.,) authorizes and encourages intergovernmental cooperation; and WHEREAS, the Metropolitan Water Reclamation District of Greater Chicago (hereinafter the "District"), a unit of government within the meaning of the Constitution of the State of Illinois and the Village of Mount Prospect, having the power and authority to enter into an intergovernmental agreement; and WHEREAS, on November 17, 204, the Illinois General Assembly passed Public Act 093-1049 (hereinafter the "Act") which declares that stormwater management in Cook County shall be Linder the general supervision of the District, and WHEREAS, pursuant to Article II of the Illinois Municipal Code, 65 ILCS 5/11, the Village has the authority to improve and maintain Levee 37 with its corporate limits; and WHEREAS, the Act, as amended, specifically authorizes the District to plan, implement, and finance regional and local activities relating to stormwater management in Cook County; and WHEREAS, the Village proposes to construct a 13,4 acre-feet detention basin connected to existing storn'i sewers by a new 54-inch diameter storm sewer to provide the public benefit of reducing flooding in the Village; and WHEREAS, the Village intends to design, construct, operate, maintain and own proposed flood storage basin and associated 54-inch diameter storm sewer which will comprise the Levee 37 interior drainage improvement project; and WHEREAS, the Village's proposed plans for the project may be approached more effectively, econoni�cally and comprehensively with the Village and the District cooperating and using their joint efforts arid resources; and WHEREAS, the size and scope of this Project would be substantially reduced but for the District's comn"iftment of financial and technical resources; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have deemed that the best interests of the Village will be served by entering into the Intergovernmental Agreement, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize and direct the Mayor to execute the Intergovernmental Agreement between the Village of Mount Prospect and the Metropolitan Water Reclamation District of Greater Chicago to utilize Phase II Stormwater Grant Funds for the construction of the Burning Bush Trails Stormwater Improvements and made part of this Resolution as Exhibit "A." Bid Book Page 170 SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law, AYES: Grossi, Hat is, Hoefert, Zadel NAYS: None ABSENT; Rogers, Saccotelli PASSED and APPROVED this 7111 day of August 2019, Arlene A. Juracek Mayor AST 4f. Karen M. Agora s Village Clerk Bid Book Page 171 INTERGOVERNMENTAL AGREEMENTBY AND BETWEENTHE VII,I,A(N"E OF MOUN'll" PROSPECT ANI) THE METROPOLITAN WATER RECLAMATION DISTRICT OF GYREATER CHICA(;O FOR DESIGN, CONSTRUCTION, OPERATION AND MAINTENANCE OF THE LEVEE 37 INTERIOR DRAINAGE IMPROVEMENT, PROJECT THIS, INTER(IOVERNMENTAL AGREEMENT (the "Agreement-) entered into, by and between the Metropolitan Water Reclamation District of Greater Chicago, a unit of local government and body corporate and politic, organized and existing Linder the laws of'the State of' Illinois (the "MWlU)G(...) and the Village of Mount Prospect, a municipal corporation and hon rule unit of, government organized and existing Linder Article V11, Section 6 of the 1970 Constitution of the State of'1111nois (the "Village"), WITNESSETIT: WHEREAS, on November 17, 2004, the Illinois (-icneral Assembly passed Public Act 093-1049 which arnendcd the Metropolitan Water Reclamation District Act(hereinafter the"Act") in various ways; avid WHEREAS, the Act, as amended, declares that, stormwater management in Cook County shall be under the general supervision of the N4WRD(jC and WHEREAS,the Act was amended again on,lune 18,2014 by Public Act 098-0652, which specifically aLltll0riZeS the N4WRI)(iCto plan, implement, and finance local activities relating to stormwater management protects in Cook County; and WHEREAS, the Village is located within the boundaries of Cook C01.111ty; and WHEREAS, pursuant to Article I I of. the Illinois Municipal Code, 65 ILCS 5/11, the Village has the authority to improve and maintain Levee 37 within its corporate limits'- and WHEREAS, the Village proposes to construct a 13.4 acre-feet detention basin connected to existing storrn sewers by a new 54-inch diameter storm sewer to provide the public benefit of reducing flooding in the Village (the "Public Benefit"); and Bid Book Page 172 WHEREAS, the Village intends design, construct, operate, maintain, and own proposed flood storage basin and associated 54-inch diameter storm sewer which will comprise the Levee 37 interior drainage improvement project; and WHEREAS, the Village's proposed plans for the Project may be approached more effectively, economically, and comprehensively with the Village and MWRDGC cooperating and using their joint efforts and resources; and WHEREAS, the size and scope of this Project would be Substantially I-educed but for the MWRDGC's commitment of financial and technical resources; and WHEREAS, the Intergovernmental Cooperation Act, 5 ILLS 220/1et seq., and Section 10 of Article VII of the Illinois Constitution, allow and encourage intergovernmental cooperation; and WHEREAS,on the MWRDGC's Board of Commissioners authorized the MWRDGC to enter into an intergovernmental agreement with the Village; and WHEREAS, on '-), , '&ft the Village's Board of Trustees authorized the Village to enter into an intergovernmental agreement with the MWRDGC; and NOW THEREFORE, in consideration of the matters set forth, the mutual covenants and agreements contained in this agreement and, for other good and valuable consideration, the Village and MWRDGC hereby agree as follows: Article 1. Incorporation of Recitals The recitals sett forth above are incorporated herein by reference and made a part hereof. Article 2.Scope of Work 1. The work contemplated by this Agreement will include design and construction of a new 1.3.4 acre-feet detention basin at Burning Bush Traits Park connected to existing storm sewers by a new 54-inch diameter storm sewer as depicted on Exhibit 1. (collectively the 2 Bid Book Page 173 "Facilities-) All work to design, construct, operate, and maintain the Facilities shall hereinafter be referred to as the "Pr(Iject," I The Village, at its sole cost and expense, shall cause to be prepared construction drawings, specifications,, and details (hereinafter"Construction Documents",) for the Project. 3. The Project shall realize the Public Benefit othelping to alleviate flooding, located within the Village. 4, The Village shall provide MWRDGCwith a copy of 60% and 98% complete Construction DOCLIMentS for MWRDGC-s approval as to the Public l3enefit. 5. MWRDGC shall review and provide comments to the Village as to the Project's Public Benefit in writing within 30 calendar days of receipt of the 609% and 98% complete Construction Documents. The Village shall incorporate MWRDG(,-s review comments into the Construction D(.?CUITIentS. 6, While M\VRDGC will reimburse the Village fior a portion of the Project, the Village bears sole responsibility for the overall cost, expense and payment for the Project, The Village shall construct the Project it) accordance with the final Construction Documents, T To the extent practicable, the Village, its agents, contractors, or employees shall use MWRDGC biosolids in any amendments performed to the soil ofthe Project area, including but not limited to, landscaping. Subject to availability, MWRDGC will provide the biosolids Free of charge with the Village being required to pay for and make arrangements for transportation necessary to deliver the biosolids to the PrOJect area. K The Village will publicly advertise the Project and publicly award all Project-related C011SU'LiCtiOu contracts to the lowest responsible bidder as determined by the Village. The Village shall consider and act iii general accord with the applicable standards of MWRDGC's Purchasing Act, "HCl ILCS 2605/11.I-11.24, (attached to this Agreement as Exhibit 2) when advertising and awarding the Construction contracts. The Village shall also require a payment bond and performance bond for all Project-related construction contracts in general accord with the applicable standards of Exhibit 2, 'rhe Village may impose more 3 Bid Book Page 174 stringent requirements than those contained in Exhibit 2 when awarding Project-related constrUetiOn, contracts, but in no event shall the Village's requirements fall below MWRDGC's applicable general standards. The Village need not include the attached Exhibit 2 as part of its bid documents. The Village is responsible for ensuring that these applicable minirnum requirements are met. 9. The Village agrees that the Project is a"Covered Project"as defined in MWR.DGC's Multi- Project Labor Agreement for Cook County ("MPLA") (attached to this Agreement as Exhibit 3).As such,the Village agrees to be obligated as MWRDGC would be in the MPLA and will ensure that the standards and requirements for "Covered Projects" will be met for the Project, as applicable. The Village may impose more stringent requirements than those contained in the MPLA when awarding Prcject-related construction contracts, but in no event shall the Village's requirements fall below the standards for "Covered Projects" detailed in it. The attached Exhibit 3 need not be included as part of the Project's bid documents, however, the Village is responsible for ensuring that its applicable minimum requirements are met. 10. The Village must comply with the applicable portions of MWRDGC's Affirmative Action Requirements and Affirmative Action Ordinance (attached to this Agreement as Exhibit 4). Affirmative Action goals for the Project are: 20% of the total amount of reimbursement to be provided by MWRDGC for the Project for Minority-Owned Business Enterprises, 10% of the total amount of reimbursement to be provided by MWRDGC for the Project for Women-Owned Business Enterprises, and 100N, of the total amount of reimbursement to be provided by MWRDGC for the Project for Small Business Enterprises, 11, The Village will comply with MWRDGC's Affirmative Action goals with respect to that portion of the cost of the Project for which MWRDGC has contributed funds. The determination as to whether the Village has complied with these Affirmative Action goals is solely in MWRDGC's discretion, If the Village fails to fully comply with these Affirmative Action goals, as determined by MWR,DGC, MWRDGC may withhold payments to the Village up to or equal to the dollar amount by which the Village failed to rriect the Affirmative Action goal(s). 4 Bid Book Page 175 I 12. MWRDGC will have the right to access and inspect, with reasonable notice, any records or documentation related to the Village's compliance with MWRDGC's Affirmative Action goals and requirements. 13. fit order to evidence compliance with MWRDGC's Affirmative Action RqUircrilents, the Village Must submit the following items to MWRDGC's Diversity Administrator prior to the start of construction- (I) a completed Utilization Plan, attached to this Agreement as FIxhibit 5.- and (2) a letter 1'rom, a certifying agency that verifies the vendors' MBE/WBE/SBE status. Failure to timely submit a Utilization Plan or certifying letter may result in a payment delay and/or denial, 14, The Village must comply with the applicable portions of the MWRDGC's Veteran's I Business Enterprise (VBE) Contracting Policy Requirements (attached to this Agreement -is Exhibit 6). V131-' goals for the Project are: 3% of the total amount of reimbursement to be provided by the MWRDGC for the Project for Veteran's BLISitiess Enterprises. 15, The determination as to whether the Village has complied with the, MWRDG(-"s VBF policy is solely in the MWRDGCs discretion, if the City fails to fully comply with this policy, as determined by the NWRI.XiC, the MWRDGC may withhold payments to the City up to or equal to the dollar alnount by which the City failed to meet the Affirmative Action goal(s). W The NIWRD(.;C has the right to access and inspect, with reasonable notice and during regular business hours, any records or(10CLImentation related to the Village compliance with the MWRDG(-"s V13E policy. IT In order to evidence compliance with the N4WRI.XiC's V13E policy, the Village must submit the following items to tile MWRf..)GCs Diversity Administrator prior to the start OfCOnstruction: (1) a completed VBF Commitment Form, attached to this Agreetrient as Exhibit 7; and (2) a letter fi-orn a,certifying agency that verifies the vendors' V13E. status, Failure to timely submit a VBE Commitment 1"orm or certifying letter may result in a payment dclay and/or denial. 5 Bid Book Page 176 18. Every 30 days frorn the start of construction until its completion, the Village must submit to MWRDGC's Diversity Administrator the fiollowing: (1) an Affirmative Action Status Report (*'Status Report") attached to this Agreement as Exhibit 8; and a completed VBE Commitment Forrn; (2) full or partial lien waivers from the participating MBE/WBE/SBE/VBE vendors, as applicable; and (3)proof of payment to the participating MBE/WBE/SBENBE vendors (e.g., canceled checks), as applicable. Failure to submit a Status Report and any supporting documentation may result in a paynient delay and/or dental. 19. The Village shall comply with the Prevailing Wage Act, 820 ILCS 130/0.01 et seq. Current prevailing wage rates for Cook County are detertruned by the Illinois Department of I..,abor. The prevailing wage rates are available on the Illinois Department of Labor's official website. It is the responsibility of the Village to obtain and comply with any revisions to the rates should they change throughout the duration of the Agreement. 20. The Village, at its sole cost and expense, shall provide the final design of the Project, land acquisition and remediation, and construction oversight and administrative support for the Project. 21. The Village shall submit an Operation.and Maintenance Plan (hereinafter the"O&M Plan") for MWRDGC's review and approval. The O&M Plan shall be included as part of the Agreement as Exhibit 9. At its sole cost and expense, the Village shall operate and maintain the Project in accordance with the O&M Plan. 22. MWRDGC shall reimburse the Village for 38.51% of the total construction cost of the Project, but in no event shall that amount exceed Two Million and NO/100 Dollars ($1,348,000.00) (the "Maximum Reimbursement Amount"). All funding provided by MWRDGC shall be exclusively to reimburse the Village for the construction of the Project. The Village will be responsible for securing funding or contributing its own funds for all costs necessary to construct the Project in accordance with the Construction Documents. For purposes of this Agreement, "construction" shall mean all work necessary to build the Project as depicted in the Construction Documents. The Village shall be solely responsible 6 Bid Book Page 177 for change orders, overruns or any other increases in cost of the Project. MWRDGC shall disburse funds to Village in accordance with the following schedule.- a. 25�4,) at receipt of invoices for 259/0 COnIpletIOII OfCOJIStrUCtiOII of the Facilities, h. 251,1,',) at receipt of invoices for 50% completion of construction of the Facilities; c. 25 ) at receipt of invoices for 75% completion of construction of the Facilities; and el, Subject to the Maximum Reimbursement Amount, the remaining amount necessary to cover :38.51% of`the Project cost shall be paid upon receipt of invoices for final completion and after final inspection by the MWRDGC, 'Fhe MWR,DGC' will only pay invoices subriiitted in strict accordance with this schedule. The Village shall submit invoices for the representative percentage ofconstniction within thirty (30) days of meeting its respective completion percentage. 23, MWRDGC's MaxIMUM Reirnbursenient Amount is based on the funding arnount, that MWRD(-K-s Board ofCornmissioners has approved and appropriated for purposes of this Agreement f'or the current fiscal year. Any additional funding frorn MWR,DGC beyond the current fiscal year is subject to the approval of MWR,DCiC-s Board of Corninissioncrs. 24. To date, the Village has spent approximately S80,33 1,22 on engineering, property acquisition, and other design-related project costs, The Village will also contribute. approximately S2,152,000.00 towards total construction costs, including construction inspection, 25, As a condition for refiribursernent, the Village shall SLIbinit copies of construction invoices to N4\VR,[)(j(' for MWRDG(-s revic", and approval, Stich approval not to be unreasonably withheld, 26The Village shall return all funds provided by MWRDGC if constrLICtiOn, of the Project is not completed in accordance with the Construction Documents within two (2) years of Village's initial award of a construction contract related to the project, unless MWRDGC approves extension prior to the expiration of the two (2) year completion period; SLICII approvals shall not be unreasonably withheld, 7 Bid Book Page 178 Article 3. Permits and Fees 1. Federal, State,and County Requirements. The Village shall obtain all federal,state,county, and local permits required by law for the construction of the Project, and shall assume any costs in procuring said permits. Additionally, the Village shall obtain all consents and approvals required by federal, state, and/or county regulations for the construction of the Project, and shall assume any costs incurred in procuring all such consents and approvals. 2. Operation and Maintenance. The Village shall obtain any and all permits necessary for the performance of any operations or maintenance work associated with the improvements to be constructed by the Village in connection with the Project, and in accordance with Article 5 of this Agreement. Article 4.Property Interests 1. Prior to construction, the Village shall acquire any temporary or permanent easements, license agreements, or fee simple title as may be necessary for construction, maintenance, and access to the Project. Any property interests acquired by the Village must be consistent with MWRDGC's right to access the Project to conduct an inspection or perform maintenance as set Out in Article 5. 2. Should acquisition of property interests via condemnation be necessary, tile Village shall incur all associated costs, including purchase price and/or easement fee as well as any attorney fees. I The Village shall record all easements, licenses, or deeds acquired for the Project. 4. The Village shall own all of the improvements constructed for the Project. Nothing in this Agreement shall be construed as creating an ownership or property interest for MWRDGC in any part of the Project. Article S. Maintenance 1. The Village, at its sole cost and expense, shall perpetually maintain the facilities, and any other associated appurtenances in accordance with the O&M plan approved by MWR-DGC. Bid Book Page 179 2, The Village shall conduct annual insl'.)ections to ensure adequate maintenance of' the Project. The Village shall prepare as report detailing its annual inspection, observations, and conclusions including whether the Project is operating as designed, functioning, and providing the intended Public Benefit. The annual inspection report shall be stamped by a Professional Engineer licensed by the State of Illinois. The stamped annual inspection report shall be provided to MWRf)GYC within thirty (30) (lays of completion. 3. M WRIX,Wshall have the right (including any necessary right ofaccess)to Conduct its Own annual inspection of the constructed Project upon reasonable notice to the, Village. 4In the event of failure of the Village to maintain the Project as described above to the salist'action of' MWR1)GC, MWRDGC' inay issue a thirty (30) day written notice by certified or registered mail to the Village directing the Village to perform such maintenance, Wmainteriance has not been accomplished on or before thirty(30)days after such notice, MWRDGC inay cause Such rnaintenance to be performed and the Village shall pay MWRDGCthe entire cost, MWRDGC iticurred to perform the required maintenance, 5, In the event of flailure of' the Village to maintain or operate the Project to provide the intended public benelit, MWRDDC' may demand that son=ic or all of the ftinding it provided tinder this Agreenient be returned to MWRDG( , 6. In perfimning its obligations under this Article, the Village shall comply with all access restrictions and notice requirements set forth in the easements, licenses, or deeds recorded pursuant to Article 4 ofthis Agreerrient. Article 6. Notification I Bid Advertisement. The Village will provide MWRDGYC with thirty (30) (lays' notice prior to Bid Advert isenicrit for the Project, 9 Bid Book Page 180 2. Construction.The Village shall provide MWRDGC with a construction schedule and provide MWRDGC a minimum of seventy-two (72) hours' notice before the following project milestones: • Start of work • Substantial completion • Completion of work Article 7.Termination by the Village Prior to commencement of construction of the Project, the Village may, at its option, and upon giving notice to MWRDGC in the manner provided in Article 25 below, terminate this Agreement as it pertains to the entire Project, The Village shall return all Project-related funds received frorn MWRDGC no later than fourteen (14) days following its termination of the Agreement. Article 8.Termination by MWRDGC Prior to Bid Advertisement of the Project, MWRDGC may, at its option, and upon giving notice to the Village in the manner provided in Article 25 below, terminate this Agreement as it pertains to the entire Project. Article 9. Effective Date This Agreement becornes effective on the date that the last signature is affixed hereto. Article 10. Duration Subject to the terms and conditions of Articles 7 and 8 above, this Agreement shall remain in full force and effect for perpetuity. Article 11. Non-Assignment Neither Party may assign its rights or obligations hereunder without the written consent of the other Party. Bid Book Page 181 Article 12. Waiver of Personal Liability No official, employee, or agent of either Party to this Agreement shall be charged personally by the other Party with any liability or expenses of defense incurred as a result ofthe exercise of any rights., privileges, or authority granted licrein, nor shall he or she be held personally liable Luider any term or provision ofthis Agreciiient, or because of a Party's execution or attempted execution of this Agreement, or because of any breach ofthis Agreement. Article 13. Indemnification The Village shall del*end, indemnify, and hold harmless MWRDGC, its C.onnnissioners, officcrs, employees, and other agents ("the MWRDGC Party") frorn liabilities ofevery kind, nICILiding losses, damages and reasonable costs, payments and expenses (Such as, but not limited to, court costs and reasonable attorney fees and disbursements), claims, dernands, actions, SLAItS, proceedings,Judgments, or settlements, any or all of which are asserted by any iodiVidUal, PI-IVate entity, Or public entity against MWRDGC Party and arise Out Gaff or are in any way related to: (I) design, construction, or maintenance of'the Project that is the subject ofthis Agreement; or(2) the exercise of any right,privilege, orauthority granted to the Village Under this Agreement. Article 14. Representations of`the VilIaL, The Village covemants, represents, and warrants as follows: 1, The Village has full authority to execute, deliver, and perforrn or cause to be performed this Agreement.- and 2. lbe Individuals signing this Agreement and all other documents executed on behalf of Village acre duly authorized to sign same on behalf'ofand to bind the Village; and T'he execution and delivery ofthis Agreement,C011SUrnmation ofthe transactions provided for herein, and the fulfillment of the terms hereof will not result in any breach ofany of the ternis or provisions of or constitute as default under any agreement of the Village or any instrument to which the Village is bound or any Judgment, decree, or order of"any court or governmental body or any applicable law, rule, or regulation, and ll Bid Book Page 182 4. The Village has allocated$2,152,000.00 in,funds for this Project, which are separate from and in addition to the funds to be provided by MWRDGC under this Agreement. Article 15.Representations of MWRDGC MWRDGC covenants, represents, and warrants as follows: 1. MWRDGC has full authority to execute, deliver, and perform or cause to be performed this Agreement; and 1 The individuals signing this Agreement and all other documents executed on behalf of MWRDGC are duly authorized to sign same on behalf of and to bind MWRDGC; and 1 The execution and delivery of this Agreement,consummation of the transactions provided for herein, and the fulfillment of the terms hereof will not result in any breach of any of the terms or provisions of or constitute a default under any agreement of MWRDGC or any instrument to which MWRDGC is bound or any judgment, decree, or order of any court or governmental body or any applicable law,rule, or regulation. Article 16. Disclaimers This Agreement is not intended, nor shall it be construed, to confer any rights, privileges, or authority not permitted by Illinois law. Nothing in this Agreement shall be construed to establish a contractual relationship between MWRDGC and any party other than the Village. Article 17. Waivers Whenever a Party to this Agreement by proper authority waives the other Party's perfon-nance in any respect or waives a requirement or condition to performance, the waiver so granted, whether express or implied, shall only apply to the particular instance and shall not be deerned a waiver for subsequent instances of the performance, requirement, or condition. No such waiver shall be construed as a modification of this Agreement regardless of the number of times the performance, requirement, or condition may have been waived. 12 Bid Book Page 183 Article 18. Severability If any provision of this Agreement is held to be invalid, illegal, or Unenforceable, such invalidity, illegality,or Uneriforecability will not affect any other provisions of this Agreement, and this Agreement will be construed as if'SUch invalid, illegal, or unenforceable provision has never been contained herein. The remaining provisions will retriain in full force and will not: be affected by the invalid, illegal, or unenforceable provision or by its severance. In lieu Of such illegal, invalid, or unenforceable provision, there will be added automatically as part of this Agreement a provision as similar in its terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable. At title 19. Necessary Documents Each Party agrees to execute and deliver all further docurnents, and take all further action reasonably necessary to effiectuate the purpose ofthis Agreement. Upon the completion oftlic Pro.ject, the Village shall provide MWR1.)(J(11 with a full sized copy of"As-Built"drawings for the project, The drawings shall be affixed with the"As-Built"printed mark and must be signed by both the Village resident engineer and the contractor. Article 20. Compliance with Applicable Laws and Deemed Inclusion of Same The Parties agree to observe and comply with all federal, State and local laws, codes and ordinances applicable to the Pro.ject. Provisions required (as of' the effective date) by law, ordinances, rules, regulations, or executive orders to be inserted in this Agreement are deemed inserted in this Agreement whether or riot they appear in this Agreement or, upon application by either Party. this Agreement will be amended to make the insertions. However, in no event will the 111ilffe to insert such provisions before or after this Agreement is signed prevent its enforcement, The parties tea this Agreement shall comply with all applicable federal, State and local laws, rules and regulation,, in carrying out the terms and conditions of this Agreement, including the Equal (.)pportunity clause set lbrth in Appendix A to the Illinois Department of I furnan Rights* regulations. which is incorporated by reference in its entirety as though Fully Set forth herein. 13 Bid Book Page 184 Article 21. Entire Agreement This Agreement, and any exhibits or riders attached hereto, shall constitute the entire agreement between the Pat-ties. No other warranties,, inducements, considerations, promises, or interpretations shall be implied or impressed upon this Agreement that are not expressly set forth herein. Article 22.Amendments This Agreement shall not be amended unless it is done so in writing and signed by the authorized representatives of both Pat-ties. Article 23. References to Documents All references in this Agreement to any exhibit or document, shall be deemed to include all supplements and/or authorized amendments to any Such exhibits or documents to which both Parties hereto are privy. Article 24.Judicial and Administrative Remedies The Pat-ties agree that this Agreement and any subsequent Amendment shall be governed by, and construed and enforced in accordance with, the laws of the State of Illinois in all respects, including matters of construction,validity, and performance. The Parties further agree that the proper venue to resolve any dispute which may arise out of this Agreement is the appropriate Court of competent jurisdiction located in Cook County, Illinois. The rights and remedies of MWRDGC or the Village shall be cumulative, and election by MWRDGC or the Village of any single remedy shall not constitute a waiver of any other remedy that such Party may pursue Linder this Agreement. Article 25.Notices Unless otherwise stated in this Agreement, any and all notices given in connection with this Agreement shall be deemed adequately given only if in writing and addressed to the Party for whom such notices are intended at the address set forth below. All notices shall be sent by 14 Bid Book Page 185 personal delivery, UPS, Fed Ex or other overnight messenger service, first class registered or certified rnail, postage prepaid, return receipt requested, by facsimile, or by e1CCtR)1liC mail. A written notice shall be cleenied to have been given to the recipient Party on the earlier of(a) the date it is hand-delivered to the address required by this Agreement; (b) with respect to notices sent by mail, two days (excluding Sundays and federal holidays) following the date it is properly addressed and placed in the U.S. Mail,with proper postage prepaid; (c)with respect to notices sent by facsimile, on the date sent, ifsent to the facsimile number(s) set forth below and upon proofol'delivery as evidenced by the sending fax machine; (d)with respect to notices sent by email, on the date of notification of delivery receipt, if delivery was during normal bLISiness hours of'the, recipient, or on the next business day, if delivery was Outside normal business hours of the recipient. The name of this Agreement i.e., "INTERGOVERNMENTAL' AGR EEMEN't BY AND BETWEENT.HE VILLAGE OFMOUNT PROSPECT A.NDTTIE METROPOLITAN WATER RECLAMATION DISTRIGI"' OF GREATER CHICA(iO FOR DES N CONSTRUC,r OPERATION AND MAINTENANCE OF THE LEVEE 37 INTERJOR DRAINAGE IMPROVEMEN-1PROJECT"' must be prominently featured in the heading of all notices sent hereunder. Any and all notices referred to in this Agreement, or that either Party desires to give to the other, sliaH be addressed as set, t*orth in Article 26, unless otherwise specified and agreed to by the Parties. Article 26. Representatives Immediately Up011 eXCCUti011 of this Agreement, the folk)wing individuals will represent the Parties as a primary contact and receipt of notice in all matters Linder this Agreement. For tile M"/RD (-1'- For the Village: I Director of Engineering Mn Mike Cassady Metropolitan Water Reclamation District Village Manager of Greater Chicago 50 S Emerson Street 100 East Erie Street Mount Prospect, Illinois 60056 (1 - (847) 392-6000 ,hicago, Illinois 60611 Phorie,* Phone: (3 12) 751-7905 Fax: (847)-392-6022 Fax: (312) 751-5681 Ernail: nicassady('ci�IIIOLlritprospect.org Email: oconnorc(izrnwrd.org 15 Bid Book Page 186 F,,ach Party agrees to prornpity notity the other Party of any change in its designated representative, which notice shall include the marne, address„ telephone number , tax number, and ernail address of'the representative For such Party f"or the purpose hereof Article 27. Interpretation and Execution 1. The Parties agree that this Agreement shall not be construed against a Party by reason of who prepared it, I E'ach Party agrees to Provide a certified copy of'the ordinance, bylaw, or other authority demonstrating that Ific person(s) signing this Agreement is/are authorized to do so and that this Agreement is a valid and binding obligation of'the Party, 3� The Parties agree that this Ngrcernent shall be executed in quadruplicate, IN NVITNESS NVIIEREOF, the Metropolitan Water Reclamation District of*Greater Chicago and the Village ol'Mount Prospect, the parties hereto, havc each CaLISCd this Agreement to be CWCUM] by their duly M0110rized of'ficers, duly attested and their seals hereunto afflixed. VILLAGE MOUNT PROSPE"CT BY: Arlene A. Rrrace'i Al"IT ST: Karen Agoranos, V lage Clerk a t C 471, 16 Bid Book Page 187 METROPOLITAN WATER RECLAMATION DISTRIC'V OF GREATER CHICAGO (7hairman ofthe Committee on Firiance Date Executive Director Date ATTEIST: lerk Date APPROVED ASTO E'NUNEERING, OPERATIONS, AND TECHNIC:'AL MATTERS: Engineer of'Slorinwater Management Date .... ......-.. ........ Assistant Director ofTngineering Date ................ ....... Director ot'Engincering Date APPR0VED ASTO AND LEGALITY: --------------- flead Assistant Attorney Date ------——---- GCllCTC -,fl OLMsel Date 17 Bid Book Page 188 Exhibits and Attachments Exhibit 1: Project Vicinity Map Exhibit 2: MWRDGC's Purchasing Act Exhibit 3: MPLA Exhibit 4- Affirmative Action Ordinance, Revised Appendix D Exhibit 5: Utilization Plan Exhibit 6: Veteran's Business Enterprise Contracting Policy Requirements Exhibit 7: Veteran's Business Enterprise Commitment Form Exhibit 8: Affirmative Action Status Report Exhibit 9: Operation and Maintenance Plan 18 Bid Book Page 189 0' w 4z WW- 0 0 2 2 w 8, a. cr x Z 0 0 0 LU w tu 0) a, 0) 15 C<L CID v7 z CIO (D Z z < yCaw .0 04 < > 0 W I$ UJ w') U.W 0 'Ou > cc< 0 W 0 of L CL Lu 0, mo fo awe :E< COL x Ix 0 0. 0 0 OIXO- or 0 66 � 'x iii ui w z z I- On n w w ui ti V)0 5w o z A, CL g -j z -�<- 0 0 U) 3: V) z nm; m z 5 ul z 0) Z LL < as 6 q 0 0 LIJ S2 ur '9 W % Bid Book Page 190 EXH-18112 (70 ILCS 2605/11 . 1) (from Ch. 42, par. ;331.:1.) Sec, 11 .1 . Sections 11 .1 through 11.24 of this amendatory Act of 1963 shall be known and may be cited as the "Purchasing Act for the Metropolitan Sanitary District of Greater Chicago.'' (Source: P.A. 82-1046. ) (10 ILCS 2605/11 .0 (from Ch. 42, par, 331 .2) Sec. 11 .2. In addition to all the rights, powers, privileges, duties and obligations conferred thereon in "An Act to create sanitary districts and to remove obstructions in the Des Plaines and Illinois rivers", approved May 29, 1889, as amended, the Metropolitan Sanitary Distr:Lct of Greater Chicago shall have the rights, powers and privileges and shall be subject to the duties and obligations conferred thereon by this amendatory Act of 2963. (Source: Laws 1963, p. 2498. ) (70 IWS 2605/11 . 0 (from Ch. 42, par. 331 .3) Sec. 11.3. Except as provided in Sections 11 .4 and 11 .5, all purchase orders or contracts involving amounts in excess of the mandatory compeLitive bid threshold and made by or on behalf of the sanitary district for Labor, services or work, the purchase, lease or sale of personal property, materials, equipment or supplies, or the granting of any concession, shall be Let by free and open compet.i.tive bidding after advertisement, to the lowest responsible bidder or to the highest responsible bidder, as the case may be, depending upon whether the sanitary district is to expend or receive money. All such purchase orders or contracts which shall involve amounts that will not exceed the mandatory competitive bid threshold, shall also be let in the manner prescribed above whenever practicable, except that after solicitation of bids, such purchase orders or contracts may be let in the open market, in a manner calculated to insure the best interests of the public. The provisions of this section are subject to—any contrary provisions contained in ''An Act concerning the use of Illinois mined coal in certain plants and institutions", filed July 13, 1937, as heretofore and hereafter amended. For purposes of this Section, the "mandatory competitive bid threshold" is a dollar amount equal to 0. 1% of the total. general fixed assets of the district as reported in the most recent required audit report. In no event, however, shall the mandatory competitive bid threshold dollar amount be less than $10, 000 or more than $40, 000. Notwithstanding the provisions of this Section, the sanitary district is expressly authorized to establish such procedures as it deems appropriate to comply with state or federal regulations as to affirmative action and the utilization of small and minority businesses in construction Bid Book Page 191 cind r,)rocu rEMient ccsat r a c,.t,a� (Source: P.A. 92-195, eff. ( 10 1 LES 2605/11 .4) ( from Ch. 42, par. 331 .4) Sec. 11 .4 . ContracLs which by their naLure are not adapted to award by compet i Live bidding, such as, bUtI XIOL C911y, contracts Ent He services of iryiivichial-s y)ssessLr, a high degree of professional sKill where the abMity or fitness of the WdIvidual plays an [',),,arL, contract--,t for the purchase o sale cc urilMes and contracts for maLerials oronarnically procurable only from a s0g1.n source W supply and leases of real property where the sanitary district is the lessee shall nW be subject to the compeUtive biddW..j requ[ teneWs of this Act . The saniLaxy disn in .5 exy essly nuhorized W procure from any federal, state, or laral. governmental unit or agency such surplus meat eKals, as may be made available without canNiminq to the competitive bidding requirements of this Act . Requ➢ar cantsacts, whether classified in chvil serAme or not, AM not. be f,,o 1-ho rompel ! Kve biddinq requirements of this Act. M IICS 2605/13 . 5) ( from Ch. 42, par. 331 . 5) Sec. 11 .5. in the event o.'" an emergency affect.inq the public health or safety, so declared by actlun of the board of trusLeps, which declaration shall describe the nature of the injurious effect upon the puhWc he&nh or safety, contracts may be Or to the extent necessaiy La resolve such emergency without public adver- lsemenr . The declaration shall fix the, date upon which such emerqency shall rwrmQat" The We any be CXLended or abridged by the board of trusLees as in its judgmen; the ciycumstancps rRqulre, Tho executive director allwYrat Ay! in accardann; with Section 4 us Lhis Act shall authorize in wNting and certiEy in rhe director of propuromenr and mateKals management those officials or employees of :he several depaumenLS of the sanitary distri-ct whr may ata rchase in the open market without einq a iequisition oi estimate therefor, and WILhoUt advertisement , any supplies, equilsmentur- services, Put immediate delivery ro meer bona fide apexatinq emergencies where the amoun� Wreof is not in excess of S50, 000; PrOvidnd, 'Ohat.: Me directmof FnomarnmenL and nmerials management shall be notified of such emet-qen�-�y. A ful-". account of any such emerqency together with a requisition for W MatOlials, SUPPINS, eCVKPMw?W ,a;t,"r serviccns recpArced Lherefor shall be submined immediately by Me requisMoninq aqent to the executive direcrm and such iepon t and ruquLsWun shall be nuhmioved to the director of Procurement and maKerials management and shall be open Lo public Mspection fat a periud A n least OEe year subsequent to the Bid Book Page 192 date of such emergency purchase. The exercise of auLhoriLy in respect to purchases for such bona fide operating emergencies shall not be dependent upon a declaration of emergency by the board of trustees under the first, paragraph of this Section. (Source. P.A. 95-923, eff. 1-1-09; 96-165, eff. 8-10-09. ) (70 ILCS 2605/11 .6) (from Ch. 42, par. 331 .6) Sec. 11 .6. The head of each e epartment shall n�,,)tify the director Df procurement and materials management of those officers and employees authorized to sign requests for purchases. Requests for purchases shall be void unless executed by an authorized officer or employee and approved by the director of procurement and materials management . Requests for purchases may be executed, approved and signed manually or electronically. Officials and employees making requests for purchases shall not split or otherwise partition for the purpose of evading the competitive bidding requirements of this Act, any undertaking involving amounts in excess of the mandatory competitive bid threshold. (Source: P.A. 95-923, eff. 1-1-09. ) (70 ILCS 2605/1.1 . Y) (from Ch. 42, par. 331 . 7) Sec. 11.7. All proposals Lo award purchase orders or contracts involving amounts in excess of the mandatory competitive bid threshold shall be published at least, 12 calendar days in advance of the date announced for the receiving of bids, in a secular English language newspaper of general circulanion in said sanitary district and shall be posted simultaneously on readily accessible bulletin boards in the principal office of the sanitary dLstricL. NoLhing contained in this section shall be construed to prohibit the placing of additional advertisements in recognized trade journals. Advertisements for bids shall describe the character of the proposed contract or agreement in sufficient detail either in the advertisement itself or by reference to plans, specifications or other detail on file at the time of publication of the first announcement, Lo enable the bidders to know what their obligation will be. The advertisement shall also state the data, time and place assigned for the opening of bids. No bids shall be received at any Lime subsequent to the time indicated in the announcement; however, an extension of time may be granted for the opening of such h)i.ds upon publication in the same newspaper of general circulation in said sanitary district stating the date to which bid opening has been extended. The time of the ext.en(Jed bid opening shall not be less than 5 days after publication, Sundays and legal holidays excluded. Cash, cashier's check or a certified check payable to the clerk and drawn upon a bank, as as deposit of good faith, in a Bid Book Page 193 reasonable amounu not, in excess of IOW W the contract amount, may be required of each bidder by the chnecan of pracmement and materials manaqement on all bids MOvirug amourks in excess of thew mandatory carnpe'. D-ive bid t,hreshol(J. If a deposit is required, the adverrA.,sernent for birls shalL so specify. Instead of a depasic, the director of procurement and materials management may allow the use of a bid bond if the bond is issued by a sureia cmpany that is I Ated A the Federal Register and is authorized to do business in the State of Illinois. (Source: P.A. 95-923, off . 1 -1-09. ) ( If) INS 2605/11 .81 (,frcum Cf . 42, par . 331 .8) Sec. LIM Any agreement or cc; lluslz;)n among f',-)idder-,-, or prospective bidders in restraint ot freedom oto corrq.)etit-ion by agreement. to bid a fixed price, or ocherwise, shall render the bids of such hidder v0d. Each bidder Mall acompany his krid with a sworr statement, or otherwise swear or affirm, that he has n been as party to any sncn, acireernent nr collusion. Any disclosure in advance of the opening of bids, on the termn W the bids subminced in response to an advertisement, made or permUted by the director of Inocmemew and matedals management or any otficer or 4,,,Trq,)frcyee c,,f sa .d sari' nary ai2tricl shall render the proccedinqs vola and Val] reTiiri, F 0--o d VO 1-17 i S I'drnre rl L -1,e fi I t ?-- 1 w',d WnNrce: P.A. 95-123, eff , 00 IL72 2605/ 11 . 91 ( from W. 42, par. 131 . 9) Sec. 11A. All sealed bids shall be publicly opened by the air:Qctar of piacutemen; and materials managoment , or his aesiqnee, and such bids shall be open to public inspection for a period of at least 48 hours before .award -is TnarJe; provi(Jed, ! his provision shall nny ar,Dly vo rne :sale of Wnds, tax anticipa; Lon warrants or other financial obligations of the sdvilary district . (Source: P.A. 95-923, Cf . (70 TkCS 2605M = (from Ch . 42, par . 30 . 10) sec. 1 1 . 10. Every contract or pundnase Wer invoWinq amoows in excess of the mandatory competitive bid threshold shall be art iqned by tne president ox otner duly authoxize(d officer of the board of commissioners, by the executive Orectar , by the clerk dnd by the ddractor of procurement and materials managerrew . Each bid winh the name of the bidder shall be entered upon a record Mch Hall be open to public inspection in the olfice of the direwor of procurement and Bid Book Page 194 materials management. AfLer the award is made, the bids shall be entered in the official records of the board of commissioners. All purchase orders or contracts involving amounts that. will not exceed the mandatory competitive bid threshold shall be let by the director of procurement and materials management. They shall be signed by the director of procurement and materials nonagement and the clerk. All. records pertaining to such awards shall be open to public inspection for a period of at least one year subsequent to the date of the award. An official copy of each awwded purchase order or contract together with aLl necessary attachments thereto, including assignments and written consent of the director of procurement and materials management shall be retained by the director of procurement and materi.als Management in an appropriate file open to the public for such period of time after termination of contract during which action against the municipality might: ensue under appLicable laws of limitation. Certified copies of all c�omplet,,"?d contracts and purchase orders shall be filed with the clerk. After the appropriate period, purchase orders, contracts and attachments in the clerk's possession may be destroyed by direction of the director of procurement and rnaterials, management . The provisions of this Act are not applicable to joint purchases of personal property, supplLes, and services made by governmental units in accordance with Sections I through 5 of "An Act authorizing certain governmental units to purchase personal property, supplies and services jointly, " approved August 15, 1961. (Source: P.A. 95-923, eff. I-1-0K ) (10 ILCS 2605/1.1.11) (from Ch. 42, par. 331.11) Sec. 11 .11 . In determining the responsibility of any bidder, the director of procurement and materials management may take into account, in addition to financial responsibility, past records of transacti.ons with the bidder, experience, adequacy of equipment, ability to c.omplete performance within a specific tirne and other pertinent factors, including but not limited to whether the equipment or material is manufactured in North America, (Source: P.A. 95-923, eff. 1-1-09. ) (70 ILCS 2605/21 . 12) (from Ch. 42, par. 331 .12) Sec. 11 .12, Any and ail bids received in response to an advertisement may be rejected by the director of procurement and materials management if the bidders are riot deemed responsible, or the character or quality of the services, supplies, materials, equipment or labor do not, conform to requirements, or if the public interest may be bestter' served Bid Book Page 195 thereby. (ScuLce: P.A. 95-923, eff . 1 -1-09, ) (10 .QCS 2605111 . 13) (from Ch. 42, par. 331 . 1 ) Sec. 11M. Bond, wikh sufficient sureties, in such amount as sha L I be deemed adequaLe by the d! rector of pro,'.n..ittare nt a nd Materials management, nou only 'r.o insu.r,,t, f.aerforrnanr;;:e of the contract Ln the Lime and manner. specified in said contract karat~ aalto Lo SaVe, indemni Ey and keep harmless Mw sanktary district against all lAahilities, judgments. costs and expenses which may in anywilse accrue againsL saidsanitary district in consequence of the granting of the contract or excrution thereoF shall- be required for all contracts reLative Lo consLruction, rehabiliMlon or repair of any of the works of the sanitary district and may be required of each bidder upon all Mher cont r W LS :I_Cd excess o C the mauida tor y coapetirive bid threshold when, Ln the opinion of the director of procurement and materia Ls managemeni , Lhe public interest wild be fief.t,et: �-hfreby, in accordance winh the provisions of "An Act Ln relarion to bonds of contractors fibra erl-nq into contracts Or pub! h,�� construction", approved ,,'une 20, 1�431 , is -,mended, all contracts for ranstructican work, to which the &initary dIsLriM :S a patty, shaLl require Ihat the CanWactor furnish bond guaranteeing payment for maleridis and labor utilized iri Thn conlract . (Source: P.A. 95-923, ref f . (YU WS 2MV : . 14) (troa, Ch. 42, par . 131 . 14) Sec. 11 . 14 . No cinniracr to which the sanitary Ci,t s T`C"I C:',it is a party shall be assiqned by :he successfil bidder without the written consent of rhe dlrec: ar of and rnat:erials management . Tn no are shall a cuwraut or any part thereof be a3signed to as bidder w.ho been dec-,latea not- t'o a responsibLe bidder in rho cunNideration of bids submitted upon �-,he par �� icular Qourcc : P.A. 95-923, etf , 1- 1 -09, ) (10 WS 2605/ 11 . 15) Mom Ch. 42, par. 30 . 15) Sec. 11 .15. No person shall be employed upon contracts for work to be done by any such 'haft ivary Mw Kct L9 C' he Cr she i3 3 ar izen of the UnUed Syates, a o! rhe Undre,l States undet Sect ion 1421 of Mle 8 of rhe RAW States Code, an alien Lawful- Ly adinUted for permanent residence under SecTion 1101 of lMe to Of The Knited States Code, an individ"al ano has beer q! anted asylum under SecKon 1158 of Bid Book Page 196 Title 8 of the United States Code, or an individual who is otherwise legally authorized to work in the United States. (Source: P.A. 98-280, eft. 8-9-1.3; 99-231, eff. 8-3-15. ) (70 ILCS 2605/11 .16) (from Ch. 42, Par. 331 .16) Sec. 11 .16. The executive director, With the advice and consent of the board of trustees, shall appoint the director of procurement and materia is management. Any parson appointed as the director of procurement and materials management must., have served at least 5 years in a responsible executive capacity requiring knowledge and experience in large scale purchasing activities. In making the appointment, the president shall appoint an advisory committee consisting of 5 persons, one of whom shall. be the executive director, which advisory board shall submit not fewer than 3 names to the general superintendent for the appointment. The executive director shall make the appointment from nominees submitted by the Advisory Committee after giving due consideration to each nominee's executive experience and his ability to properly and effectiveLy discharge the duties of the director of procurement and materials management. The director of procurement and materials management. may be removed for cause by the executive director. He is entitLed to a public hearing before the executive director prior to such anticipated removal. The director of procurement and materials management is entitled to counsel of his own choice. The executive director shall notify the board of trustees of the date, time. place and nature of each hearing and he shall invite the board to appear at each hearing. (Source: P.A. 95-923, eff. 1-1-09. ) (70 ILCS 2605/11 . 10 (from Ch. 42, par. 331 . 17) See. 11 . 17. Powers of director of procurement and materials management. The director of procurement and materiaLs management shall: (a) adopt, promulgate and from time to time revise rules and regulations for the proper conduct of his office; (b) constitute the agent of the sanitary district in contracting for labor, materials, services, or work, the purchase, lease or sale of personal, property, materials, equipment or supplies in conformity with this Act: (c) open all sealed bids; (d) determine the lowest: or highest responsible bidder, as the case may be; (e) enforce written specifications describing standards established pursuant to this Act; (f) operate or require such physical, chemical or other tests as may be necessary to insure conformity to such specifications with respect to quality of materials; (g) exercise or require such control as may be necessary to insure conformity to contract provdsions with respect to quanKiLy; (h) distribute or cause to be distributed, to the various requisitioning agencies of such Bid Book Page 197 sanitary district such suppRes, materials or equipment, as may be purchased by him; (i) transfer mar-et-i-als, supplies, anci equipment Lu or between the various requisitioning agencies and Lo trade in. selJ , donate, or dispose of any materIaLs, suppKes, or equipment that may become surplus, obsolete, or unusable; except that materials, supjA ies, arod equipment may be donated only to nor-for-profit institutions; (j) control. and maintair adequate inventories and inventory records of atl .,locks W materiais, supplies and equij.',�rnent of c-.omjn�:,,�n usage contained in any central or principal storeroom, stockyard or warehouse of the sanitary dWrict; (k) assume sh ucrelated activities as may be assigned to him frcmt Kim? Lo time by the board ot trLstees; and (m) submit to the board of trustees an annual reporL describing the activities of his office. The report shall be placed upon the KHOO records of the sanitary disurict or given comparable publAc distribution. (Snuire: P.A. 9TA2L Mr . (10 iLUS 2605/11 . 18) krom Ch. 42, par. 311 . 18) Sec. 11 . 18 . The board of wastees is expressly authorized to establish a Yevolvinq fund to (anah - thc, director of procurement and materials management Lo purchase items of common usage in advance of immediate need. The revolvinq fund shall hre reimbursed Bram appropriations of the using agencies. No officer or employee of a sanitary district organized parNuant Lo this Act shall be Wancially interested, directly or indirectly, in any bid, purchase order, Lease or contract to which such sanKary dislylut is a party. For purposes of this Sect-Ion an officer or employee of the sanKary district is deenvNj to have a direct fimmci& in"'r:nst in a hid, purchase order, lease o: cont,racL with to diSLOW. d the officer or employee is emplr yc.cJ h)y the diist-, ict� and is simultancOnSlY empjuyed by a person ai corpo"t :on that is as party to any bid, purchase order, Wase or mwra= with Me ta r j d I t r i c c . Any UNcer or employee a,,,onv ,ctE(J of a violdf:,�ion of this secrion shall forfeit, his office ut (,,mp]nyment, and in addit,ir)n shaM he guilty at a Class 4 fe .uny. (Source: P.A. 95-921, M. 1-1 -OM (10 WS 2605/W . : 9) Mom Ch. 42, par. 231 . 19) Sec. R . M. No deparimpno, &Eice, aqency lir': ins! rnmentality, ofticer or employe of He sanitary district, shall be empowered Ln execule any e,;.± Q)L CCkrrt "s iC t except as expressly au7!w)rjzoW ly .hi s Acn . aws 19e,3, p. 2498 . ) Bid Book Page 198 unuil rescinded, apply alike in terms and Meet to every purchase order or contract Eor the purc.hase of any conffnodity, material , supply or equipment . The specitications shall be made availgab l.e to -he pul.,)ILc, t.ipon request . (Source: P.A. 95-923, eft . 1-1-09. ) (70 ILCS 2605M .21 ) (from Ch. 42, par . 331 .21) Sec. 11 .21 . Official ordinances autltori ,red by this Act shaLl be adopted by formal action of the board of trustees of the sanitary districr and shall. b(, puL�Ir rhed fu,r the information of the pubLic. (Sn�irc,,e. Laws 1963, p. 2'498 , ) ( 70 ILUS 2605/ 11 .22) " rom Ch. 42, par. 331 .22) Sec. L1 .22. Any purchase order or contract executed in violition W this Act shal L W nuK and void. Public tunds which have been expended thereon, may be recovered in the name of the sanitary district in any cvnirt of competen�� jurisdicKon. Laws 1963, , 49"3. ) ( 70 ILUS 2605/ 11 .23) (ftcmn Ch. 42, lair . 331.23) Sec. 1. 1 .23 . The co,trolle! ot sanitary d�istrIcr. shal conduct aodits nf all expenditures incident to all purchase otters and contracts awarded by the director of procurement and mam ials managerven; . The comp! rc er Cal 1 inToo. Lhe rosalts of such audits 7o nhe piesidew and Imard of t rustees. (Source: P.A. 90-923, eff , 1 - 1 -19, ) ( i�) li.� S 2605/11 .24) (from C!" 42, par . 331 .24) Sea. 11 .24 . (a) A person or business entity shall be dhsq�alified from doing business wi%h The Meat ropoliLan Sanitary District uE Grnarei Chicagn for a period of 5 years trqm the datp of convicnion or (,nLry U a plea c5 Mission ot (101t, if chat 1�,erson or i_)usinp� s �.'_�ntity: . . has been convt,t:Leci an a(.,"t obrLbery or, at tompring to bribe an nffi,cer ernployee cf'_ tls�r federal, "JI UJI a unit of any st: ate c lac,ij qovr.-�rnrnent or school district in that officer 's or employce's cap'ar--Lty; or 2. has been convicted of an act of bid-rigginq or artemptinq to n �g bids as W-fined in the Federal Shermart Anti -Trust Act ano Clayton Act; or Bid Book Page 200 3. has been convicLed of bid-rigging or attempting to rig bids under the laws of the State of Illinois or any other state; or- o . r4 . has been convicted of an act of price-fixing or attempting to fix prices as defined by the Federal Sherman AnLi-TrusL Act and Clayton Act; or 5. has been convicted of price-fixing or attempting to fix prices under the laws of the State of Illinois or, arty other state; or 6. has been convicted of defrauding or attempting to defraud the Federal government or a unit of any state or local government or school district; or 7. has made an admission of guilt of such conduct as set forth in subsections I through 6 above, which admission is a matter of record, whether or not such person or business entity was subject to prosecution for the offense or offenses admitted to; or 8. has entered a plea of nolo contendere to charges of bribery, price-fixing, bid-rigging, or fraud as set. forth in subsections I through 6 above, (b) "Business entity" as used in this section means a corporation, partnership, trust, association, unincorporated, business or individually owned business. (c) A business entity shall be disqualified if the following persons are convicted of, have made an admission of guilt, or enter a plea of nolo contendere to a disqualifying act described in paragraph (a) , subsections 1. through 6, regardless of whether or not the disqiialifying act was committed an behalf or for the benefit of such business entity: (1) a person owningor controlling, directly or indirectly, 20% or more of its outstanding shares; or. (2) a member of its board of directors; or (3) an agent, officer or employee of such business entity. Q Disqualification Procedure, After bids are received, whether in response to a solicitation for bids or public advertising for bids, if it shall come to the attention of the director of procurement and materials management that a bidder has been convicted, made an admission of guilt, a plea of nolo contendere, or otherwise falls within one or more of the categories set forth in paragraphs (a) , (b) or (c) of this Section, the director of procurement and materials management., shall notify the bidder by certHied rwi" returm receipt. requested, that such bidder is disqualified from doing business with the Sanitary District . The notice shall specify the reasons for disqualification. (e) Review Board. A review board consisting of 3 individuals shall be appointed by the Executive Director of the Sanitary District. The board shall select a chairman from its own members. A majority of the members shall constitute a quorum and all matters corning before the board shall be determined by a majority. All members of the review board shall serve without compensation, but shall. be reimbursed. actual expenses. (f) Review. The director of procurement and materials management 's determination of disqualification snail be final Bid Book Page 201 as of the date of the nulLce 05 disqualificaLion unless, within 10 calendar days chereafter, nhe disqualified bidder Miles with the direcLor of pacumment and awterials managemenL a notice of appea I , Th(-, i ce o at-rpeal shall specify I he exceptions vo r:he diiocltoi- of procuiernent and muer i a I s manarlement 's dwormhation and shaK i rtes l tide as request for as hearing, if one is des.`,j red. Upon receipt ot the nuts e of appeal, the director of procurement and materiaLs managemeni shal I provide a copy r (-, (-,,ach member irf th( review board. If the notice does noL conl:ain a recpiesr fcr a hearing, rhe director of procurement and noteNals iunwpmenh may request one within 5 days after receipt of the notice of appeal . If a hear inq is not requested, the rivir,,w boarci may, L,ut need, n�:�t, hold a ioeaiing. if a hearing is not reque3ked, thc� rvjow urlLess it decides to hoJd a hearing, shall review Ae notice of thn nui ice of 00eal and any onher supportinq documents whicin may fA )od by party. Within 15 days after the nnr:ce of yTeal is MeC Ge nevLew board shall eithor atfirm oy Yeverse the director of pyowuremew and ma�er,als determn,�il. jcn of disqualiticat ion and shall transmit a copy Lo each party by upylified mail , return receipt requested. Q there is a nearl-nq, tiir,, nearinq, shall, (.�ctjrrrenc,E� within It Ms after Un filing of tNnol c,,( appeal— A notice heaT ing shall be Iransmi , Led to the director A pnocureaterif, and materials mandgement and nhe disquaAfied bidder not later than 12 calendar days prior 7n the hear4q date, by certified r')A i L, I e t 1',1 n receip,, FKJOTIM AM be :imited to the lautudl, issues involved. Wher payty may present evidence aesoeva Mand pew with relnt: ino frmation may Veslify, under oath, before a certified roporrei . Aric; rules of evidence shall nolapply to the Pruceedings, but He review hoard shalL ri' rhve to elicit M-,a facts filly and in crodible form. The disqualiFied bidder may be represerind by an avwrney. With2n 10 raLendar lays after the conclusion of the hearing, the review bo rd shall make a find�inq ti� wh�,-,,the,r cl )')l 1 )",E1 C'easann given in nhe KrecTnz of procurement and mweriAs management 's notice o! disquailfication apply to rhe bidder , and an appropriate order shalt be entered. A copy of the nzder shall be transmitted rn The directol of procurement, ami materials managerann and 1he bidder by certified mail , rc,:,eipf re1Pless ted, Q) All find] decisions of 4 Pe9 review board shall be ' Ablect no review under Adin Review I-aw. 01 No"WAsnandinq any wrier provisiDn of this section to the cortinry, the Sanitary Djs::.Kct Pay 6) buskness withany person or business on7K,,) when t iS, d0lra,'rnirlE�d by the dKeurOr if P:OcNremor! and materials maNagement to be in Lhs MY K%erOst Of the Sanitary Dis"ic" suinh ao M. iaot limited to cnnhrarts For mareiials of services economically procirable only from a single source. (Source: P.A. 95-921, efl . 1 - 1 -M ) Bid Book Page 202 EXHIBIT_.3 MULTI-PROJECT LABOR AGREEMENT(COOK COUNTY) with CERTIFICATE OF COMPLIANCE CONTAINS: 1) MPLA-EFFI&CTIVE OCTOBER 6, 2017 2) CERTIFICATE OF COMPLIANCE Bid Book Page 203 GE NIERAJ,1UOUJaU,0KENT$ONDER111C YRJI; ILI-PROJE- �� S7 LA13011 AgRE EXEtiT The following is a brief summary of a B iddeeq responsibilities under the MPLA.Please refer to the terms of the MPLA for a full and complete statement of its requirements, Your firm is required to complete the Certificate of Compliance indicating that your firm intends to comply with the Multi-Project Labor Agreement The Certificate of Compliance must be signed by an authorized Officer of the firm. Ttih;may be,submitted with the bid or prior to award of contract.To be eligible for award,your firm must comply with the Multi-Project Labor Agreement and sign the certificate, Failure of the Bidder to comply with the MPLA will result in a rejection of the bid,and possible retention of the bid deposit. Compliance with the MPLA, is as follows: If the Bidder or any other entity performing work under the contract is not already signatory to a current collective bargaining agreement witty a union or labor organization affiliated with the AFL-CIO Building Trades Department and the Chic-ago and Cook County Building and Construction Trades Council,or their affiliates which have jurisdiction over the work,to be performed pursuant to this Contract,(hereafter referred to as a"participating trade group")it must'become a member. Note:'rhe MPLA is not applicable when the perforinance of work is outside Cook County, Illinois,or if repair and nialatenance work on equipment is performed at a Bidder's facility, Revised October 2017 FMP -CC-02 Bid Book Page 204 METROPOLITAN MATER RECLAMATION DISTRICT OF GREATER CHICAGO MULTI-PROJECT LABOR AGREEMENT FOR COOK COUNTY This Multi-Project Labor Agreement("Agreement")is entered Into by and between the Metropolitan Water Reclamation District of Greater Chicago("MWRD"or"District"),a public body,as owner,in its proper capacity,on behalf of itself and each of its contractors and subcontractors of whatever tier("Contractors")and shall be applicable to Construction Work on.Covered Projects,tooth defined herein,to be performed by the District's Contractors along with each of the undersigned labor organizations signatory to the Chicago and Cook County Building and Construction Trades Council and, as appropriate,the Teamsters Joint Council No.25,or their affiliates who become signatory hereto (collectively"Union(s)11). This Agreement is entered into in accordance with all applicable local state and federal laws.The District recognizes the public Interest In timely construction and labor stability, WHEREAS, MWRD is responsible for the actual construction,demolition,rehabilitation, deconstruction,and/or renovation work("Construction Work")of projects overseen by MWRD in the geographical boundaries of Cook County,All of the District's Constructlon Work within those boundaries ("Covered Projects"")will be recognized as covered under the terms of this Agreement regardless of the source of the Funds for the Project.Due to the size,scrape,cost,timing,and duration of the multitude of Covered Projects traditionally performed by MWRD,the Parties to this Agreement have determined that it is in their Interests to have these Covered Projects completed in the most productive,economical,and orderly manner possible and without labor disruptions of any kind that might Interfere.with,or delay, any of said Covered Projects;and WHEREAS,the.Parties have determined that It Is desirable to eliminate the potential for friction and disruption of these-Covered Projects by using their best efforts to ensure that all Construction Work is performed by the Unions that are signatory hereto and'which have traditionally performed and have trade and geographic jurisdiction over such work regardless of the source of the Funds for the Project. Experience has proven the value of such cooperation and mutual undertakings;and WHEREAS,the Parties acknowledge that the District Is not to be considered an ernplc yer of any employee of any Contractor covered under this Agreement,and the District acknowledges that it has a serious and ongoing concernregarding labor relations associated with its Covered Projects, Irrespective of the existence of a collective bargaining,relationship with any of the signatory Unions. NOW THEREFORE,to order to further these goals and objectives and to maintain a spirit of harmony, labor-management cooperation,and stability,the Parties agree as follows: 2. During the terra of this Agreement,MWRD shall neither contract,nor permit any other person,firm, company,or entity to contract or subcontract for any Construction Work on any Covered Project under this Agreement,unless such work Is performed by a person,firm,or company signatory,or willing to become signatory,to the currentapplicable area-wide collective bargaining agreement(s)with the appropriate trade/craft Unlon(s)affiliated with the Chicago&Cook County Building&Construction Trades Council or, as appropriate,the Tearnsters`Joint Council No. 25.Copies of all applicable,current collective bargaining agreements constitute Appendix A of this Agreement,,attached hereto and made an Integral part hereof,and as may be modified from time to time during the term of this Agreement, MPLAA-;tom-03 Bid Book Page 205 September 6, 2017 Said provisions of this Agreement shall be included In all advertised contracts,excluding non- Construction Work, and shall be explicitly Included in all contracts or subcontracts of whatscievertler by all Contractors on Covered Projects. a. The Parties agree that the repair of heavy equipment,thermographic:inspection,and landscaping shall be defined and/or designated as Construction Work on all Covered Projects. b, The Unions acknowledge that some preassem bled or prefabricated equipment and material will lie used on Covered Projects,To the extent consistent with existing collective bargaining agreements and applicable taw,there will be no refusal by the Unions to handle,transport, install,or connect such equipment or materials, Further,equipment and material procured from sources outside of the geographic boundaries of Cook County may be delivered by Independent cargo,haulers, rail,ship and/or truck drivers and such delivery will be made without any dl5ruptlon as the District will request Its Contractors to request Union-affiliate employees to make deliveries to the Covered Project sites. c. Notwithstanding anything to the contrary herein,the terms of"Agreement shall not apply to work performed at the Contractor's facility for repair and maintenance of equipment or where repair, maintenance,or Inspection services are done by highly-skilled technicians trained in servicing equipment, unless otherwise provided by the relevant collective bargaining agreement. d, Nothing herein shall prohibit or otherwise affect the District's right to cancel or otherwise terminate a contract e. A pre-constructlon meeting attended by representatives of the District, the Contractors,and Unions shall be scheduled for a date prior to commencement of a Covered Project. The nature of the project,the May 15,2017 Covered Construction Work,the work assignments,and any other matters of mutual interest will be discussed. All parties participating in the pre-job confere6ces,shall sign a pre-job-sIgn,4n sheet. During the pre-job conference, or shortly thereafter,and before the commencement of the project,the contactor or subcontractor shall ensure that there has been submitted to the District a letter of good standing for the applicable trades explaining that the contractor orsubcontractor is not delinquent with respect to any dues owned to the appropriate labor organization or with respect to any fringe contributions owed to the appropriate fringe benefit fund(s). If a union or fringe benefit fund does not produce a letter of good standing within seven (7)days after a request Is made no such letter of good standing shall be required for that particular trade. f. The Unions agree to reasonably cooperate with the MWRD and Contractors In order to assist them in achieving the Worker Percentage Participation goals ncleflned In subsection(1) and(2)below,The Worker Percentage Participation goals are governed by federal requirements regarding federal construction contracts,,To the extent these federal worker percentage participation goats are modified In the future, such modifications will automatically apply: (1) 19.6%of the total aggregate of construction hours worked by employees of contractors and their subcontractors will be performed by African-American;, Hispanic, Native American,Astan-Pacific,and Subcontinent Asian American workers. (2) 6.9%of the total aggregate of construction hours worked by employees of the contractors and their subcontractors will be performed by female workers. 2 =MPLA-CC-04 Bid Book Page 206 September 6,2ov 2. A contractor or subcontractor which Is a successful bidder with respect to Covered Projects,but which Is not signatory to the applicable area-wide collective bargaining agreements incorporated herein, shall be required to execute such applicable area-wide collective bargaining agreements within seven(7) days of being designated a successful bidder. if such an agreement Is not executed within that time period,said contractor or subcontractor will be disqualified. In no event shall a contractor or subcontractor be required to sign any of the applicable agreements constltutingAppendix Alf the contractor or subcontractor does not employ the trade covered by the applicable Appendix A contract. 3. During the term of this Agreement,no Union signatory hereto nor any of its members,officers, stewards,agents, representatives,nor any employee,shall instigate,authorize,support,sanction, maintain,or participate in any strike walkout,work stoppage,work slowdown,work curtailment, cessation,or Interruption of production,or in any picketing of any Covered Project site covered by this Agreement for any reason whatsoever,including,but not limited to, the expiration of any collective bargaining agreement referred to In Appendix A,a dispute between the Parties and arty Union or employee.,or as a show of support or sympathy for any other Anion employee or any other group.In the event of an economic strike or other job action upon the termination of an existing collective bargaining agreement,no adverse Join action shall be directed against any Covered Project sites.All provisions of any subsequently negotiated collective bargaining agreement shall be retroactive for all employees working on the Covered Project. 4. Each Union signatory hereto agrees that It will use Its best efforts to prevent any of the acts forbidden In Paragraph 4,and that in the event any such act takes place or Is engaged In by any employee or group of employees,each Union signatory hereto further agrees than It will use its best efforts(including its full discipllnary power under its Constitution and/or ay-Laws)to cause an immedlate cessation thereof. Each union also agrees that If any union,individual or group of employees on covered projects engages in any handbilling,picketing,strike,walkout,work stoppage,work slowdown,work curtailment,cessation or interruption,the other unions will consider such picketing or other work action as unauthorized and will refuse to honor any picket litre established and the unions further agree to instruct their members to cross such unauthorized lines.Callure of any union or groups of employees to cross such unauthorized picket lines on any covered project shall be a violation of this agreement 5. Any Contractor signatory or otherwise bound,stipulated to,or required to abide by any provisions of this Agreement may Implement reasonable project rules and regulations,and these rules and regulations shall be distributed to all employees on the Covered Project.Provided,however,that such rules and regulations shall not be inconsistent with the terms of this Agreement or any applicable area- wide collective bargaining agreement,Any Contractor shall have the right to discharge or discipline Its Union employees who violate the provisions of this Agreement or any Covered Project's rules and regulations.Such discharge or discipline by a Contractor shall be subject to the Grievance/Arbitration procedure of the applicable area-aside collective bargaining agreement only as to the fact of such employee's violation of this Agreement,if such fact Is established,the penalty imposed shall not be subject to review or disturbed,Construction Work at any Covered Project,site under this Agreernerrt Oat(continue without disruption or hindrance of any kind during any Grievance/Arbitration procedure, 3 fJIPLA-C �O6 Bid Book Page 207 September 6,2017 . The Unions understand and acknowledge that the District's Contractors are responsible to perform Construction Work as required by the District,The Contractors have complete authority to do the following,subject to District approval,if required,and If consistent with the terms of the collective barrainingagreements attached hereto: a. Plan,direct,and control the operations of all work; b. hire and layoff employees as the Contractor deems appropriate to meet work requirements; c. Determine work method's and procedures; d. Determine the creed and number of foremen; e. Require all employees to observe Contractor and/or District rules and regulations; f, Require all employees to work safety and observe all safety regulations prescribed by the Contractor and/or the District;and ga Discharge,suspend,or discipline employees for proper cause. , Abide by the rules set forth In each respective Trade unions`Collectively Bargained Agreement pertaining to apprentice to journeymen ratios. 7. Nothing In the foregoing shall prohibit or restrict any Party from otherwise judicially enforcing any provision of its collective bargaining agreement between any Union and a Contractor with whom it has a collective bargaining relationship. P, 'chis Agreement shall be incorporated into all advertised contract documents after the Board of Commissioners adopts and ratifies this Agreement, . Tile terra of this Agreement shall be five(5)years and shall be automatically extended from year to year unless the District or they Council issues a written notice to terminate prior to ninety(90)days in advance of any expiration.Any Covered Project commenced during and/or covered by the terms of this Agreement shall continue to be covered by its terms until the final completion and acceptance of the Covered Project by the District. Jil. in the event a dispute shall arlse between a contractor or subcontractor any signatory union and/or fringe benefit fund as to the obligation and/lar payment of fringe benefits provided for under the appropriate Collective Bargaining Agreement,upon notice to the District by the appropriate union signatory hereto of a clalm for such benefits,the District shall forward such notification to the surety upon the contract,and to the general contractor, 11. In the event of a jurisdictional dispute by and between any Unions,such Unions shall take all steps necessary to promptly resotve the dispute. In the event of a dispute relating to trade or worm )vrisdiction, Parties,including Contractors,consent to and agree that a final and binding resolution of the dispute shall be achieved to accordance with the terms of paragraph nine of the Joint Conference Board Standard Agreement between the Chicago&Cook County Building Trades Council and the Construction Brnptoyers'Assoclation,attached hereto as Appendix B,;and as may be modified from time to time during the term of this Agreement. 4 F-PLTc CS-� Bid Book Page 208 September 6,2017 12, This Agreement shall be incorporated into and become a part of the collective bargaining agreements between the Unions signatory hereto and Contractors and their subcontractors. In the event of any Inconsistency between this Agreement and any collective bargaining agreement,the terms of this Agreement shall supersede and prevail, In the event of any Inconsistency between this Agreement and any collective bargaining agreement,the terms of this Agreement shall supersede and prevail except for all work,performed under the NTP Articles of Agreement,the National Stack/Chimney Agreement,the National Cooling Tower Agreement,all instruction calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control systems Technicians, and the National Agreement of the International Union of Elevator Contractors with the exception of the content and subject matter of Article V,VI,and ViI of the AFL- CIO's wilding&Construction Trades Department model Project Labor Agreement, 1 . The parties agree that in the implementation and administration of this Agreement,it Is vitally necessary to maintain effective and immediate communication so as to minimize the potential of labor relations disputes arising out of this Agreement.To that end,each Party hereto agrees to designate,in writing,a representative to whom problems which arise during the term of this Agreement may be directed.Within forty-eight(48)hours after notice of the existence of any problem,a representative of each Party shall meet to discuss and,where possible,resolve such problems.The representative of the Unions shall be President of the Chicago&Cook County Building&Construction Trades Council or his/her designee.The representative of MWRD shall be the District's Assistant Director of Engineering, Construction Division or his/her designee. 14. The District and the Contractors agree that the applicable substance abuse policy(Le,,drug,alcohol, erc.)on any Covered Project shall be that as contained or otherwise provided for in the relevant area- wide collective bargaining agreements attached as Appendix A to this Agreement.Nothing In the foregoing shall limit the District and/or Contractors from initlating their own substance abuse policy governing other employees performing work on a project not otherwise covered under this Agreement, in the event there Is no substance abuse policy in the applicable collective bargaining agreements,the policy adopted by the District and/or Contractor may apply.The District is not responsible for administering any substance abuse policy for non-District employees. 15. The Parties recognize a desire to facilitate the entry Into the building and construction trades of veterans who are Interested in careers in the building and construction industry.The Contractors and Unions agree to utilize the,services of the Center for Military Recruitment,Assessment and"Veterans Employment("Center"),the Center's Helmets to Hardhats prograrn,and the Veteran's In Piping(V.I.P) program(this only pertains to the United Association PipeFitter's Local 597, Plumbers Local 130,and Sprinkier Fitter's Local 281), to serve as a resource for preliminary orientation, assessment of construction aptitude, and referral to apprenticeship programs or hiring halls,counseling and mentoring,support network,employment opportunities,and other needs as Identified by the Parties, The Contractors and Unions also agree to coordinate with the Center to create and maintain an integrated database of veterans Interested to working on Covered Projects,Including apprenticeship and employment opportunities on such projects.To the extent permitted by law,the Parties will give S fviPLA-CC-i�7 Bid Book Page 209 September 6,2017 appropriate credit to such veterans for bona fide,provable past experience in the building and construction industry. 16. The Parties agree that Contractors working under the terms of this Agreement shall be required to utilize the maximum number of apprentices on Covered Projects as permitted under the applicable area-wide collective bargaining agreements contained In Appendix A, where feasible and practical. 12. Neither the District,the Contractors,nor the Unions shall discriminate against any employees of a protected class,Including but not limited to on the basis of race,creed,color, national origin,age,or sex,In accordance with all applicable state and federal laws and regulations, 1.8. If any provision or other portion of this Agreement shall be determined by any court of competent jurisdictron to be Invalid,illegal,or unenforceable In whole or In part, and such determination shall become final,it shall be deemed to be severed or limited, but only to the extent required to render the remaining provisions and portions of this Agreement enforceable,This Agreement,as amended,shall be enforced so as to give effect to the Intention of the Parties Insofar as possible. 19. Under this Agreement,any liability of the Parties shall be several and not Jolntw The District shall not be liable for any violat%ons of this Agreement by any Contractor or Union,and any Contractor or Union shail not be liable for any violations of this Agreement by the'District,any other Contractor,or any other Unicam In the event any provision of this Agreement Is determined to be invalid,Illegal,or unenforceable as specified in Paragraph 18,neither the District„nor any Contractor or Union,shall be liable for any action taken or not taken to comply with any court order, 20, The Parties are mutually committed to promoting a safe working environment for all personnel at the joie site,it shall be the responsibility of each employer to which this Agreement applies to provide a work environment free of Illegal drugs and any concealed weapons,to maintain safe working conditions for Its employees, and to comply with all applicable federal,state,and local health and safety laws and regulations, 21, The use or furnishing of alcohol,weapons,or Illegal drugs and the conduct of any other Illegal activities at the job site is strictly prohibited.The Parties shall take every practical measure consistent with the terms of the applicable area-wide collective bargaining agreement to ensure that the Job site is free of weapons,alcohol,and illegal drugs. 22, Each Union representing workers engaged In Construction Work on a Covered Project Is bound to teals Agreement with full authority to negotiate and.sign this Agreement with the District, 23. AH Parties represent that they have the full legal authority to enter Into this Agreement. 24w This document,with the attached Appendices,constitutes the entire Agreement of the Parties and may not be modified or changed except by subsequent written agreement of the Partfe . 6 E_C -08 Bid Book Page 210 September 6,2017 25. Having been adopted by the Board of Commissioners on August 3,2017,and nd ratified and effective as of the last date on the signature page,this agreement supersedes any other Multi-Project Labor Agreement previously entered into by the parties as of the date of ratification. RZernabider of page iateattonally left blauk. Si ature page futtows.] 7 MPLA-CC-09 Bid Book Page 211 September 6, 2017 The taidersigned, as a Pagy hereto,hereby agrees to all tbw terms and conditions of Lhis Agrevyient Dated this . LV.dayof 2017 in Chicago, Cook County, flliaoi& On behalf of the Metropolitan Water Reclarnation District of Greater Chicago David st�Pierre Darlene A.LoCasoio Executive Director Director of Procurement and Materials Management Approved as to Form and Legality Helen Shields-Wright queli� v I I*o s [lead Assistant Attorney hector of finance/Clerk Susan T Morakalis Acting General Counsel -77...... .... "r Avila Mariyeuia L-Spyropoulos Chairnian offiriance Chairman, rnmittee on a rand Industrial Rotation,-, Approved [M--q 0--c-J10 Bid Book Page 212 September 6,2017 The undersigaed,as a Party hereto,agrees to all the hams and conditions of this Agreeraent. Z-Z 77' Dated this the/.��y of4� Maee<2017 in Chicago,Cook-County,Iffinois. On behalf of. Teamsters Local Union No. 731: Labor Organization APPROVED: Ifs y' Authorized Off ica Terrence J. Hancock, President EPLA-CC-1 I M, Bid Book Page 213 September 6,2017 The undersigned,as a Party hereto,agrees to all the tenns and conditions of this Agreement Dated this the 13 th day of Sep tembe r _,2017 in Chicago, Cook County,Illinois, On behalf Of:.-,dq gi-qk-Le K-Fitters Uniov� Local 281, U.A. Labor Organization APPROVED: s s iz Cer Auff Do y a 7 Dennis J. Fleming, Business Manager 9 4 MPL — Bid Book Page 214 A9,41P �4 September 6,2017 The undersigned, as a Party hereto,agrees to all ffic tertns and conditions of this Agreement Dated this the _Z2L.day of 2017 in Chicago,Cook County,Illinois. On behalf of. Zo C , 'L/ Labor Organization APPROVED: Its Duly Authorized Officer MPLA-CO-13 Bid Book Page 215 September 6,2017 The widersigned, as a Party hereto,agrees to all the terms and oonditions of this Agrectuent. Dated Us the IL day of--S-dlt t2l&L,2017 in Chicago,Cook County,Minois. 0 n behalf o P-.Loc Labor Organization APPROVED, Ft�—Eily Au��A –Officer 9 ....... ------- Bid Book Page 216 September 6,2017 'fhe undersigned,as a Party hereto,agrees to all the terms and,conditions of this Agreement. Dated this the�day of 2017 in Chicago, Cook County,T11inois. On behalf of.—/.�Zqxi6o 4 Labor Organization APPROVED: Off 9 Bid Book Page 217 September 6,2017 The undersigned,as a Party hereto,agrees to all the tetras and conditions of this Agroement. "I Dated this the ay of 2017 in Chicago,Cook County,Illinois. On bebalf of.—P IAbor Organiution PPRP D: Its Duly : cari d 0 cer 9 Bid Book Page 218 September 6,2017 The-uadersigned,as a paity hereto,agrees to all the terms and conditions of Us Agrearnent. Dated this the/j .i-day of X017 in Chicago,Cook County,Illinois. On bebalf of: 10"'� k"- 1�* � & Labor Organization APPROVED: i'4D - A4un3a-Of er 9 MPLA-CC-1 7 Bid Book Page 219 September 6,2017 The widersigued, as a Party hereto,agrees to all tlic terms and conditions of this Agreement- Dated this th"a day of�� 7017 in Chicago, Cook County,Illinois. On behalf of, � Labor Organization APPROVED: f�.ul icer - Aut:' C ts I AU 9 Bid Book Page 220 September 6,2017 The undersigned,as a Party hereto,agrees to all the terms and oonditiow of this Agreement. Dated this the le day of V- 2017 in Chicago, Cook Coranty,'Bliliois. On behalf Labor OrganbAtIon APPROVED: Its Duly Au h orzed0 - err I-M PLA-CC-19 I Bid Book Page 221 �e— / Septertiber 6,2Q17 The undersigned, as a Party hereto,agrees to all the terms and conditions of this Agirement. Dated the the l day of2417 in Chicago,o, ook County,Illinois. On bchaItoC: X0&XY Labor Organization APPROVED: horn Iic EMP L A-CC,:-2 0]_ Bid Book Page 222 7-1 September 6,2017 Ile wide geed,as a.Party hereto,agm to all the teas and wnditions of this Agreement Dated this the of v'. 17 iu C ldcago,Cook Cotmty,Micois. Ou]behalf of• / 2�; ` " 4 Labor Organization 561Y A Officer 9 MPLA-CC-21 Bid Book Page 223 R�- September 6,2017 The widorsigned. as a Party hereto,agrees to aU the terms and,conditions of this Agreement. Dated this thelay of e5�j"7—. 2017 in Chicago,Cook County,Minois. -LctZ4 L-- . - On bebalf of: APPROVED: its Duly Authorizod Offices Bid Book Page 224 September 6,2017 The undersigned, as a Party hereto,agrees to all the terms and conditions of this Agreement. Dated this the L—;'�" ay of� �K �2017 in Chicago,Cook County,Illinois, . A,-- 4, On behalf of Labor Organization APPROVED: N Kel ft Duly Au rzzed Officer Bid Book Page 225 Septernber6,2017 The undersigned, as a Party hereto,zVccs to all the terms and conditions of this Agrwment. Dated this thelkday of S I*jy,�2017 in Mcago,Cook County,Blinois, --c On behalf Ot 4 -7 _-jz :E:10215� -TA�-Illk�Wo'� L6ck Labor Organization APPROVED, I I N kc�-e Its�ly Awth *z d Ocer fi Bid Book Page 226 September 6,2017 The undersigned, as a party hereto,agrees to aU the terms and conditions of this Agreement. Dated Us tlie.LL day of 2017 in Chicago,Cook County,Illinois. On behalf 0�c IT" Labor Organizotion APPROVED: Its Duly oozed Officer 9 MPLA-CE51— Bid Book Page 227 2' September 6,2017 The wdersip,aed, &,q a Party hereto,agrees to all the terms and conditions of this Agreetnent Dated Ns the IL day of 2017 in Chicago, Cook County,Illinois. On behalf of: Labor Organi7ation APPROVED: 9 MPLA-CC-26 Bid Book Page 228 September S,201.7 The undersigned,as a party hereto,agrees to all the terms and conditions of this Agreement. Dated this tho 12 day of 2017 in Chicago,Cook County,Illinois. On behalf of: Organiation AFPROVD,,— fwfh�y Authorized Officer MP Bid Book Page 229 4KA��p 14�-Iv September 6,2017 'The undersigned, as a Party hereto,agrees to all the terms and conditions of this Agreement. Dated this the day of X 2017 in Chicago,Cook County,Ulinois, 013 behalf Labor Organization APPROVED: is Duly Authorized tffi cor 9 Bid Book Page 230 6'�-'b 'I September 6,2017 The andersigued,as a Party hereto,agrees to all the tems and conditions of Ns Agreement. Dated this the�L day of d "�&, . , 017 in Chicago,Cook County, Illinois, On behalfof: IC's Labor Its I'Dul Authorized Offim N 9 MP1.A• -2� Bid Book Page 231 September 6,2017 The undersigned, as a Party hereto,agrees to all the to ns and conditions of this Agreement Dated this the_Zg_day of 2017 in Cbicago, Cook County,Illinois. On bell f o Labor Organization APPROVED: r—,Duly�A�thori�z;d Of�ficer 9 Bid Book Page 232 September 6,2017 &eLE_NgIX A For copies of Collective Bargaining Agreements,please go to the MWRD Website and click on, Freedom of Information Act(FOIA)/Category of Records 10 [[PLA-CC.3 Bid Book Page 233 3epteniber6, 2017 APPENDIX 13 Bid Book Page 234 tnvelope ID:SD09C$49-6990-4E3"A30-IE-0420256425 JOINT CONFERENCE BOARD STANDARD AGREEMENT 611/I5 — 5/31/20 Construction Employers'Association And Chicago & Cook County Building & Construction Trades Council Bid Book Page 235 OOCVSjn SDD9084,9.6998-4[::)9^8A30-1t6420256425 The Slandand Agreement between The Construction Employers'Association and The Chicago & Cook County Building & Construction 'Fra des Council Establishing The Joint Conference Board MPLA-CC-34 Bid Book Page 236 0OWSIgn Envelope 10':6DO9C$44-6998.409- 0-1E942D269425 CHRONOLOGY ADOPTED NOVEMBER 18, 1926 AMENDED AND READOPTED JANUARY 11, 1929 AMENDED AND READOPTED"E 24, 1942 READOPTED APRIL 29, 1447 AMENDED AND READOPTED MARCH 19, 1952 RE-ADOPTED FEBRUARY 12, 1957 AN0gDE:D AND READOPTED MAY 13, 1958 AMENDED AND READOPTED FEBRUARY 11, 1960 A,MEND>aD AND READOPTED MAY 21, 1963 AMENDED NOVEMBER 16, 1965 ANIENDED MARC14 14, 1967 AMENDED AND READOPTED MARCH 4, 1968 AMENDED AND READOPTED NOVEMBER 11, 1971 READOPTED NOVEMBER 20, 1973 READOPTED DECEMBER 12, 1978 READOPTED APRIL 12, 1983 READOPTED MARCH 31, 1988 AMENDED AND READOPTED APRIL,25, 1984 REFORMATTED,AMENDED AND READOPTED JUNE 1, 1994 AMENDED AND READOPTED,TUNE 1, 1999 AMENDED APRIL, 1,2403 AMENDED AND READOPTED JUNE 1,2404 AMENDED AND READOPTED JUNE 1,211105 AMENDED AND READOPTED.LUNE 25,2008 AMENDED AND READOPTED FEBRUARY 15,20110 AMENDED AND READOPTED MAY 29,201 S Expiration Date. MAY 31,2020 Im PLA-CC-35 Bid Book Page 237 Documlgn EnvWopa ID:5009C849-6998E39.8a30-`s642D2$8425 TABLE OF CONTE NTS Article Page Prommmh|e,_~~ .................--1 Declaration of ............2 Articles of ........ L No Work S$oppaQe,_....._.-.........._._.........,~.~..3 11. Stipulation^....,.... ....^.....~...-.....^ ......^..`�..^.� Q[ Rights--........... Paragraph I Abandonment ofWork........ ......,-.._....3 Paragraph 2Collection of VJages.............. .........-.3 Paragraph] Cwntraotimg�............._-...---....... --.3 |y. Apprenticeship... .-,..^.~~..-....._.......~._...-....-4 V, Joint Conference Bnard_.....-..__..--..-........_.-4 V1, Arbitrator's CrJeriu ...............-..__--...... .._._.~..,.~,4 VLL Arbitration ................~..-._....... _.-~.-.......~_..�@ Paragraph Annual ....... 6 Paragraph 2 Make UoofJCB................ Paragraph Selection ufArbitrators._...__..._.6 Paragraph 4 U#fiBedTerms.~~~.~-.~~....~_.--..6 Paragraph Substitutes at ......._.._,,,..~.6 Paragraph Notice of Meetings...._._. ............~^_7 'Paragraph 7 Quorum..........~~,..-....._.......~-._.7 Paragraph -.,~..~.~.,~.~......_~..... .... Paragraph A Ioitiatiomof a Hearing._^..............._.-..7 Paragraph 10 Presentations....... ~_...-.......~_.._-^-8 Paragraph ]Y Otfier Attendees .........._.~.._.......~.0 Paragraph 12 Contacting the Arbitmator_.-___.~.,8 Paragraph 13 Board of Ar6itradon......__...-_._.-� Vill. Paragraph Visiting Jobs ......~..._..._...........8 Paragraph Took...............~_....... -...-...---..~9 Paragraph I Small Tasks.-.... ...._.......-- .....~._^,9 Paragraph CmonpJiaucewf Agre#o#um_ ........--'.9 Paragraph Stipolatio#_._.-...~.................; Paragraph Labor Agreement Stipulation-.--,...9 Paragraph 7 Area ufJuris8iction.. .......-_~'-_'10 Paragraph & Decisions Final-........~....-.. ... ..... ~.10 Paragraph ~..~,~.~......., ......~_..~l0 Paragraph 10 Violutimom.-.- ....... ........-..-....~...10 Paragraph %l Notices...... _-,___-........~ ..........-}l Paragraph 12 Holidays...-.-.......... ..'-._-_._-.1| Paragraph 13 Eo5o#eoeot..........~._..~.-~-.._..1l Paragraph 14 Question ofJurisdiction...........~ ........1l Paragraph IS Terms ofAgreement..._-_......-......l2 bocuftn Envelope 10150090849-69984E 9.8A30-1E642DM426 PREAMBLE This Agreement is entered into to prevent strikes and lockouts and to facilitate peaceful adjustment of jurisdictional disputes in the building and construction industry and to prevent waste and unnecessary avoidable delays and expense,and for the further purpose of at all times securing for the employer sufficient skilled workers and so far as possible to provide for labor continuous employment;such employment to be in accordance with the conditions and at the wages agreed upon,in the particular trade or craft,that stable conditions may prevail in the construction industry,that costs may be as low as possible consistent with fair wages and conditions and further to establish the,necessary procedure by which these ends may be accomplished. 'Nis Standard Agreement shall be considered and shall constitute a part of all agreements between Employers and Labor Unions,members of the Construction Employers' Association,herein call the Association,and the Chicago&Cook County Building& Construction Trades Council,herein called the Council,as containing within its terms the necessary protection of and assuring undisturbed conditions in the industry, In the event of any inconsistency between this Agreement and any collective bargaining agreement, the terms of this Agreement shall supersede and prevail except for all work performed under the NT Articles of Agreement,the National Stack/Chimney Agreement,the National Cooling Tower Agreement,all instrument calibration work and loop checking shall be performed under the terms of the UA/113EW Joint National Agreement for instrument and Control Systems Technicians,and the National Agreement of the International Union of Elevator Constructors with the exception of the content and subject matter of Articles V,VI and V11 of the AFL-CIO's Building&Construction Trades Department model Project Labor Agreement, Bid Book Page 239 DECLARATION OF PRINCIPLES Die Principles contained herein are fundamental.,and no articles or section in this Agreement or In the collective bargaining agreement pertaining to a specific trade or craft shall be construed as being in conflict with these principles. In the event any conflict exists between this Agreement and any collective bargaining agreement subject to the Provisions of this Agreement and the dispute resolution provisions contained hereunder, and pertaining to a specific trade or craft concerning the,resolution of jurisdictional ' disputes,tho parties specifically agree that the terms of this Agreement are exclusive and supersede any other provisions or procedures relating to the settlement ofjurisdictional disputes contained in such collective bargaining agreement. L There shall be no limitation as to the amount of work a worker she'll perform during the work day. 11, There shall be no restriction on the use of machinery,tools or appliances, 111. There shall be no restriction on time use of any raw or manufactured material, except prison made. IV, No person shall have the right to interfere with workers during working hours. V,, The use of apprentices shall not be prohibited. Vt. 7"he foreman shall be the agent of the employer. VII. The worker is at liberty to work for whomever he or she sees Fit but such worker shall demand and receive the wages agreed upon in the collective bargaining agreement covering the particular trade or craft under any circumstances. V11 1, The employer is at liberty to employ and discharge for just cause whomsoever the employer sees fit, F LA.-C m Bid Book Page 240 bocuSign kmalope ID:SE)WW"99"153"A30-1ES420268425 ARTICLES OF AGREEMENT ARTICLE I Therefore,with the Preamble and Declaralion of Principles as part of and fundamental to this Agreement,the parties hereto hereby agree that there,shall be no lookout by any employer,or strikes,stoppage,or the abandonment of work either individually or collectively,by concerted or separate action by any union without arbitration of any jurisdictional dispute as hereinafter provided. ARTICLE YJ The parties hereto hereby agree that in the manner herein set forth,they and the parties whom they represent will submit to arbitration all jurisdictional disputes that may arise between them and any misunderstanding as to the meaning or intent of all,or any part,of this Agreement,and they further agree that work will go on undisturbed during such arbitration,and that the decision of the arbitrator shall be final and binding on the parties hereto as provided in Article V1. ARTICLE III Paragraph 1, Should a Union affillated with the Council abandon its work without first submitting any jurisdictional dispute to arbitration as provided herein,or should any employees whom it represents individually or collectively,or by separate or concerted action,leave the work,the employer shall have the right to fill the places of such workers with workers who will agree to work for the employer,and the Union shall not have the right to strike,or abandon the work, because of the employment of such workers. Paragraph 2. rhe Union shall have the right to take the employees whom it represents from the work for the purpose,of collecting wages and fringe benefits due,but such matter shall Immediately be referred to arbitration. Should there be a dispute as to the amount due,the matter shall be first referred to arbitration as herein set forth. Paragraph 3. The parties recognize the importance of having all work performed in a satisfactory manner by competent craftsmen. Because the unions affiliated with the Council have through apprenticeship and other training programs consistently striven to create an adequate supply of such skilled workers,and because It Is desirable that the unions continue to do so,the Association,for itself and for each employer whom it represents agrees,to the extent permitted by law,that it will contract or subcontract any work to be done at the site of the construction,alteration,painting,or repair of a building, structure,or other work,only with or to a contractor who is a party to a collective bargaining agreement with a union affiliated with the Council and,accordingly,Is bound by all the terms and provisions of this Standard Agreement, MPLA-CC-391 Bid Book Page 241 bocu&gn Envafiope 1t):5DV9C849-69984E30-8A30-1 E64202 425 ARTICLE IV 'I*he parties recognize the importance of having available and furnishing at all times during the life of this Agreement sufficient skilled workers,capable of performing the work of their trade, and to constantly endeavor to improve the ability of such workers and further to have in the making,through apprenticeship training,workers who can enter the trade properly equipped to perform the work,and to the extent possible, the parties agree to do everything within their power to cooperate in carrying out these purposes. Joint apprenticeship corru-nittees shall have the right to maintain schools for the training of apprentices registered under the terms of the particular collective bargaining agreement involved and such apprentices shall be considered skilled and qualified journeymen when adjudged competent by a committee composed of the members of the parties to the particular collective bargaining agreement involved. However, this article shall not be, construed to disturb present systems wherein the labor organization which is a party to the particular collective bargaining agreement involved compels apprentices to attend trade school, ART ICISE V A Joint Conference Board is hereby created by agreement between the Association and the Council,which shall be binding upon the members and affiliates of each,and it is hereby agreed by the parties hereto,together with their members and affiliates, that they will recognize the authority of said Joint Conference Board and that its decisions shall be final and binding upon them as provided in Article VI, The administration of the Joint Conference Board shall be executed by the Secretary of the Board. All normal operating and all extraordinary expenses shall be borne equally. ARTICLE VI Pie Joint Conference Board shall be responsible for the administration of this Agreement. 'I'he primary concern of the Joint Conference Board shall be the adjustment of jurisdictional disputes by arbitrators selected by the Board. Decisions rendered by any arbitrator under this Agreement appointed by the Joint Conference Board relating to ,jurisdictional disputes shall be only for the specific job under consideration and shall become effective immediately and complied with by all parties. In rendering a decision, the Arbitrator shall determine: a) First whether a previous Agreement of Record or applicable agreement,including a disclaimer agreement, between the National or International Unions to the dispute governs. b) Only if the Arbitrator finds that the dispute is not covered by an appropriate or applicable Agreement of Record or agretirient between the National or Intemational Unions to the dispute,he shall then consider the established trade practice in the industry and prevailing practice in the locality. Where there is a 4 FM�PILA-CG-40 Bid Book Page 242 oocuslgn mope foo 50080649.85984E3$-WU-1042MM426 previous Decision of Record governing;the case,the Arbitrator shall give equal weight to such Decision of Record,winless the prevailing practice In the locality in the past ten years favors one craft. In that case,the Arbitrator shall base his decision on the prevailing practice in the locality. Except,that if the Arbitrator finds that a craft has improperly obtained the prevailing practice In the locality through raiding,the undercutting of wages or by the use of vertical agreements, the Arbitrator shall rely on the Decision of Record and established trade practice In the industry rather than the preval ling practice in the locality, c) in order to determine the established trade practice in the industry and prevailing practice in the locality,the Arbitrator may rely on applicable agreements between the Local Unions involaed in the dispute,prior decisions of the Joint Conference Board for specific jobs,decisions of the National flan and the National Labor Relations Board or other jurisdictional dispute decisions,along,with any other relevant evidence or testimony presented by those participating In the hearing.. only If none of the above criteria is found to exist,the Arbitrator shall then consider that because efficiency,cost or continuity and good management are essential to the well being of the industry,the interests of the consumer or the past practices of the employer shall not be ignored. Agreements of record are these agreements between National and International Unions that have been"attested"by the predecessor of the National flan and approved by the AFL-SIO Building and!Construction Trades Department and are contained in the Green Book. Such Agreements of Record arc binding on employers stipulated to the flan for the Settlement or Jurisdictional Disputes in the Construction Industry(the'National Plan"),the National Plan's predecessor joint boards or stipulated to the Joint Conference Board. Agreements of Record are applicable only to the crafts signatory to such agreements. Decisions of Record are decisions by the National Arbitration Panel or its predecessors and recognized under the provisions of the Constitution of the AFL-CIO Building and Construction,Trades Department and the National plan. Decisions of Record are applicable to all crafts.. The Arbitrator shall set forth the basis for his decision and shall explain his Bindings regarding the applicability of the above criteria. If lower-ranked criteria are relied upon, the Arbitrator shall explain why the higher-ranked criteria were not deemed applicable. The Arbitrator's decision shall only apply to the job In dispute. Such decisions of the Arbitrator shall be final and binding subject only to an appeal, if such an appeal is available under conditions determined by the Building and Construction Trades Department of the American Federation of Labor and Congress of Industrial Organizations under the National flan or any successor plan for the settlement o jurisdictional disputes. s M PICA-GC-�t1 Bid Book Page 243 6ocuSign 'Envelope 0:6DD9C849.69g8.4C39.8A30-IS6420256426 ARTICLE VII This is an arbitration agreement and the,intent of this agreement is that all unresolved jurisdictional disputes must be arbitrated under the authority of the Joint Conference Board and that the decisions,subject to the right of appeal provided in Article V1,shall be final and binding upon the parties hereto and upon their affiliates and the members of such affiliates,and that there shall be no abandonment of the work during such arbitration or in violation of the arbitration decision. The Joint Conference Board shall administer the neutral arbitration system of this agreement. Any party bound to this Agreement through a collective bargaining agreement with any Local Union affiliated with the Council shall be bound to this Agreement for all jurisdictional disputes that may arise between any Local Unions affiliated with the Council, Employers bound to this Agreement shall require that this Agreement be a part of all agreements with contractors or subcontractors covering work performed by any trade or craft affiliated with the Council. All parties to this Agreement release the Board from any liability arising from its action or inaction and covenant not to sue the,Board. Any damages incurred by the Board for any breach of this covenant shall include, but are not limited to,the Board's costs,expenses and attorneys fees incurred as a result of said legal proceedings. Paragraph I - The annual meeting of the Joint Conference Board shall be held in June, unless another date is agreed upon by the parties. Paragraph 2 -The parties hereto shall designate an equal number of members who shall serve upon the Joint Conference Board. The members of the Board shall annually be certified by the Association and the Council in written communications addressed to the Board by the President and Secretary of(fie respective organizations. Each year the Joint Conference Board shall select a Chairman from among its members. The Joint Con- ference Board shall also select from among its members a Vice Chairman, 'rho Board shall also select a Secretary, All members shall serve for one year or until their successors have been selected. Paragraph 3 -At the annual meeting,the Association and Council shall each name at least live and up to ten impartial arbitrators. Paragraph 4- In the event the Chairman or Vice-Chairman is unable to serve by reason of resignation,death or otherwise,a successor may be selected for the remainder of the term by the party which made the original selection. Should a member of the Joint Conference Board be unable to serve,because of resignation,death or any other reason,the successor shall be selected by the Association or Council respectively in which such member holds membership. Paragraph 5- Should any member of the Board for any reason be unable to attend any meeting of the Board,the President of his respective organization shall be empowered to name a substitute for each absentee for that meeting. 6 [M FILA-C-C-.4 2 Bid Book Page 244 60Cu$j911 Envelope ID*500.4CS4"99S4F-39-8A30-IE64202W426 Paragraph 6-Meetings of the Board may be called at any time by the Chairman, Secretary or three members of the Board. Seventy-two hours written notice of such meeting must be given to each member of the Board. Paragraph 7-Twelve members of the Board,six from each of the parties,present at the executive session,shall be a quorum for the transaction of business. The Chairman,or Vice-Chairman,when presiding,shall not be counted for the purpose of determining a quorum. Whenever the number of members present from each party at the executive session are unequal,he party with the fewer members present shall be,entitled to cast a total number of votes equal to the number of the present members of the other party with the additional votes of said party being cast in accordance with the vote of the majority of its members who are present. Paragraph 8-If it is brought to the attention of the Chairman that any member(other than the Chairman)is not impartial with respect to a particular matter before the Board,the Chairman may excuse such member from the executive session if the Chairman concludes that such member has a conflict of interest with respect to such matter. Paragraph 9-Should a jurisdictional dispute arise between the parties hereto,among or between any members or affiliates of the parties hereto,or among or between any members or affiliates of the parties hereto and some other body of employers or employees, the disposition of such dispute shall be as follows: a) The crafts involved shall meet on the j 60cusip 6vejope D:SDDQC$49-699"E3D-BA30-IE64202%42S submitted in Article V11 Paragraph 3. The decision of the Arbitrator shall be subject to appeal only under the terms of Article Vt. The written decision shall be final and binding upon all parties to the dispute and may be a short form decision, The fees and costs of the arbitrator shall be divided evenly between the contesting parties except that any party wishing a full opinion and decision beyond the short form decision shall bear the reasonable fees and costs of such full opinion, e) Should said dispute not be so ref4red by either or both of the parties,the Joint Conference Board may,upon its own initiative, or at the request of others interested,take tip and decide such dispute,and its decision shall be final and, binding upon the parties hereto and upon their members and affiliates as provided for in Article VL fn either circumstance all of the parties are committed to a case until it is finalized,oven if there is an appeal. However, in cases of jurisdictional or other disputes between a union and another union,which is a member of the same hiternational Union, the matter in dispute shall be settled in the manner set forth by their International Constitution,but there shall be no abandonment of the work pending such settlement. Paragraph 10-All interested parties shall be entitled to make presentations to the Arbitrator. Any interested part),present at the hearing,whether making a presentation or not, by such presence shall be deemed to accept thojurisdiotion of the arbitrator and to agree to be bound by its decision and further agrees to be:bound by the Standard Agreement,for that case only if not otherwise so bound, Paragraph I I -Upon approval of the Arbitrator other parties not directly involved it)the dispute may be invited to be present during the presentation and discussion portions of an arbitration hearing, Attorneys shall not be permitted to attend or participate in any portion of a hearing. Paragraph 12—At no time shall any party to a pending dispute unilaterally or independently contact the Arbitrator assigned to hear the case, All inquiries must be submitted to the Secretary of the Joint Conference Board. Paragraph 13 -The Joint Conference Board may also serve as a board of arbitration in other disputes,including wages, but only when requested to do so by all parties involved in the particular dispute or controversy, It is not the intention of this Agreement that the Joint Conference Board shall take part in Such disputes except by mutual consent of all parties involved, Akricu, vin Paragraph I _ rhe duly authorized representatives of members of affiliates of either party hereto, if"having in their possession proper credentials, shall be permitted to visit jobs MPLA-CC-44 Bid Book Page 246 bocuSIgri,�nvaiope 10;5009C849.e9984E3"A30-lES420256425 during working hours,to interview the,Contractor or the workers,but they shall in no way interfere with the progress of the work. Paragraph 2-The handling of tools,machinery and appliances necessary In the performance of the work covered by a particular collective bargaining agreement,shall be done by journeymen covered by such agreement and by helpers and apprentices in that trade,but similar tools,machinery and appliances used by other trades in the performance of their work shall be handled in accordance with the particular collective bargaining agreement of that trade. Paragraph 3 - In the interest of the public economy and at the discretion of the employer or foreman,all small tasks covered by a particular collective bargaining agreement may be done,by workers or laborers of other trades,If mechanics or laborers of this trade are not on the building or job,but same are not to be of longer duration than one-half hour in any one day. The Joint Conference Board may render a decision involving a composite crew. Paragraph 4 - It is fundamental to the Standard Agreement that all members and affiliates of the parties to this Agreement be stipulated to the Standard Agreement and the Joint Conference Board. All current members of the Chicago and Cook County Building and Construction Trades Council,and their affiliates,by this Agreement are stipulated to the Standard Agreement and Joint Conference Board for the term of the current Standard Agreement. The area labor agreements ofthe members and affiliates of the parties setting forth language stipulating those parties to the Standard Agreement and Joint Conference Board shall be filed with the Secretary of the Joint Conference Bow annually,at the time of the Joint Conference Board appointments, Current trade or craft agreements will prevail as Interim agreements in the event labor negotiations are incomplete or in process at the time of the annual meeting, Paragraph 5-All members and affiliates of the parties with labor agreements containing language stipulating those parties to the Standard Agreement and Joint Conference Board shall remain stipulated for the term of the current Standard Agreement. Any members or affiliates of the parties who negotiate language stipulating the patties to the Standard Agreement and/or the Joint Conference Board in their area labor agreement shall remain stipulated for the term of the current Standard Agreement. Any Association that incorporates Standard Agreement and/or Joint Conference Board stipulation language into their collective bargaining agreement will automatically have representation on the Joint Conference Board. Paragraph 6-only those crafts with stipulation language In their area labor agreements will be allowed to Wrigjurlsdiotional dispute cases to the Joint Conference Board. Those crafts without stipulation language In their area labor agreements will be allowed to participate if a jurisdictional dispute case is brought against their craft and will have the right to appeal any decision,If such an appeal is available,as provided In Article V1 of this Agreement. Bid Book Page 247 bocuftn invotope O�5009CO49-6998-4E3"A30-lEB42DZ%425 Paragraph 7 -`This agreement applies only to work performed within Cook County, Illinois. Paragraph 8-As herein before provided in Article VII,decisions or awards as to jurisdictional claims and decisions determining whether or not said decisions or awards have been violated rendered by the Joint Conference Board shall be final,binding and conclusive on all the parties hereto,on all of their members and affiliates,and on all employers subject only to the right of appeal herein provided for in Article VI. Paragraph 9-To further implement the decision of the Joint Conference Board,it is agreed that any party hereto,any of their members or affiliates,and any employer may at any time file a Verified Complaint in writing with the Joint Conference.Board alleging a violation of a decision or award previously made. The Board shall thereupon set a hearing,to be held within three days of receipt of the Verified Complaint with respect to the alleged violation,and shall notify all interested parties of the time and place thereof. An Arbitrator selected pursuant to Article VII,Paragraph 9(c)shall conduct a hearing at the time and place specified in its notice. All parties shall be given an opportunity to testify and to present documentary evidence relating to the subject matter of the hearing within forty-eight(48)hours after the conclusion thereof,the Arbitrator shall render a written decision in the matter and shall state whether or not there has been a violation of its prior decision or award. Copies of the decision shall be served,by certified mail or by personal service,upon all parties hereto, Paragraph 10- Should the Arbitrator determine that there has been a violation of the Board's prior decision or award,the Arbitrator shall order immediate compliance by the offending party or parties, The Arbitrator may take one or more of the following courses of action in order to enforce compliance,with the Board's decision: a) The Arbitrator may assess liquidated damages not to exceed$5,000 for each violation by individual members of, or employees represented by the parties hereto, and may assess liquidated damages not to exceed$1,0,000 for cacti violation by either party hereto,or any of its officers or representatives. If a fine is rcridercd by the Arbitrator, it should be commensurate with the seriousness of the violation having a relationship to lost hours for the Unions and lost efficiency for the employer. Each of the parties hereto hereby agrees for itself, and its members, to pay to the other party within thirty days any sum,or sums,so assessed because of violations of a decision or award by itself, its officers,or representatives,or its mernber or members. Should either party to this agreement,or any of its members fall to pay the amount so assessed within thirty days of its assessment, the party or member so failing to pay shall be deprived of all the benefits of this agreement until such time as the matter Is adjusted to the satisfaction of the Arbitrator. to [M,PLA-_CC-46 Bid Book Page 248 bocuSign'Envelope ID:,5DD9CS49.699"E39-8A30-IE64202%425 b) It may order cessation of all work by the employers and the employees on the job or project involved, Paragraph I I -All Notices under this Agreement shall be in writing and sent by the Administrator of the Joint Conference Board via facsimile or email, For all notifications to affiliates of the Chicago&Cook County Building and Construction Trades Council, the Administrator may rely up the facsimile numbers,addresses and email addresses in the current directory of the Council. For notifications to all contractors and subcontractors,the Administrator may rely on corporate information on the Illinois Secretary of State website or other appropriate databases. Original Notices of all Joint Conference Board decisions will be sent to each of the,parties involved via certified mail. The notice provisions shall not include Saturday,Sunday or legal holidays, Paragraph 12-The following days shall be recognized as legal holidays: New Years Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day and Christmas Day. Paragraph 13 -The Board shall have no authority to undertake any action to enforce its decision after a hearing beyond informing the affected parties of its decision, Rather,it shall be the responsibility of the prevailing party to seek appropriate enforcement of a decision,including findings,orders or awards of the Board determining non-compliance with a prior award or decision. The prevailing party in any enforcement proceeding shall be entitled to recover Its costs and attorneys fees from the non-prevailing party. In the event the Board is made a party to,or is otherwise required to participate in any such enforcement proceeding for whatever reason,the non-prevailing party shall bear all costs, attorneys fees,and any other expenses incurred by the Board in those proceedings. Paragraph 14-In establishing the jurisdiction of the Joint Conference Board over all parties to the dispute,the primary responsibility for the judicial determination of the arbitrability of a dispute and the jurisdiction of the Joint Conference Board shall be borne by the party requesting the Board to hoar the underlying jurisdictional dispute. Ifallof the parties to the dispute do not attend the arbitration hearing or otherwise agree in writing that the parties are stipulated to the Joint Conference Board and Standard Agreement, the affected party or parties may proceed at the Joint Conference Board even in the absence of one or more parties to the dispute. In such instances,the,issue of jurisdiction is an additional item that must be determined in the first instance,by the Arbitrator who shall set forth basis of his determination in his derision, The Joint Conference Board may,participate in any proceedings socking a declaration or determination that the underlying dispute is subject to the jurisdiction and process of the Joint Conference Board. In any such proceedings,the non-prevailing party and/or the party challenging the jurisdiction of the Joint Conference Board shall bear all the costs, expenses and attorneys fees incurred by the Board in establishing its jurisdiction, The provision of Paragraph 13 regarding obtaining attorney fees shall apply, MPLA-CC-471 Bid Book Page 249 6owSIgn involope 10:6DOSC849-69IJ8Ae3g-SA30-IE642t)2�25 Paragraph 15-It is agreed by the parties hereto that this agreernewt shall remain in full force and effect until June 1,2020 unim otheL wise amended by agreement of parties. N WITNESS WHEREOF,the parties have caused this document to be executed at Chicago,Illinois this 28th day of May,2015, CONSTRUCTION EMPLOYERS' CHICAGO&COOK COUNTY AssomnoN 13UfLDING&CONSTRUCTION TRADES COUNCIL BY Charles M.Usher BY Thomas Villanova [M�L=A-Cr--48 Bid Book Page 250 Contract No CEW11FICATE OF COMPLIANCE wn*uc\4uun-PRoiEcT LABOR AGREEMENT(MPLA) l/WE acknowledge that IIWE (Name of company) have read the Metropolitan Water Reclamation District of Greater Chicago's Multi-Project Labor Agreement, I/WE and all my/our subcontractors certify that we are in compliance with the Agreement in that IIWE and all my/our subcontractors have agreed to be bound by and operate under a current collective bargaining agreement with a union or labor organization affiliated with the AFL-CIO Building Trades Department and the Chicago and Cook County Building and Construction Trades Council, or their affiliates which have jurisdiction over the work to be performed pursuant to this Contract, (hereafter referred to as a "participating trade group"). State the name of the participating trade group(s)that your firm is currently signatory with in order to c with the MPLLALx:�(e� : Operating Kpg!aLers 150). (Identify all such participating unions or labor organizations.Attach a separate sheet if necessary); If your firm is not currently signatory with a participating union or labor organization,complete the following: I intend to comply with the MPLA by: Entering into a collective bargaining agreement with the following participating trade group(s): (Identify all such participating unions or labor organizations.Attach a separate sheet if necessary); Name of Company or Corporation By: Signature of Authorized Officer Attest: Secretary Dated: Revised April 2019 MAPLA,CC 49 Bid Book Page 251 EXHIBIT-4 AFFIRMATIVE ACTION ORDINANCE REVISED APPENDIX. D OFTim, METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO AS REVISED JUNE 4, 201.5 Bid Book Page 252 AFFIRMATIVE ACTION ORDINANCE RUi VISED APPENDIX D OF THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO Section I. Declaration of Policy Whereas, it is the policy of the Metropolitan Water Reclamation District of Greater Chicago (the "District") to ensure competitive business opportunities for small, minority- and women-owned business enterprises in the award and performance of District contracts, to prohibit discrimination on the basis of race, sex, gender, color, racial group or perceived racial group, disability, age, religion, national origin or ethnicity, sexual orientation, veteran or military discharge status, association with anyone with these characteristics, or ally other legally protected characteristic in the award of or participation in District contracts, and to abolish barriers to full participation in District contracts by all person, regardless of race, ethnicity or sex; Whereas, the District pursuant to its authority tinder 70 11.,CS 2605/113, is committed to establishing procedures to implement this policy as well as state and federal regulations to assure the utilization of rninority-owned, women-owned and small business enterprises in a manner consistent with constitutional requirements; Whereas, the District is committed to equal opportunity f*or minority-,women-owned and small businesses to participate in the award and performance of District contracts; Whereas, the Supreme Court of the United States in City of Richniond v. JA Croson C0.1 488 US, 469 (1989), has enunciated certain standards that are necessary to maintain effective contracting affirmative action programs in compliance with constitutional requirements; Whereas, the District is committed to implementing its affirmative action program in conformance with the United States Supreme Court's decision in Cr oson and its progeny; Whereas, in furtherance of this commitment, the Board of Commissioners directed the District staff and its outside consultants in 1990 to conduct an investigation into the scope of any discrimination in the award of and participation in District construction contracts as well as in the construction industry in Metropolitan Chicago, the extent to which such discrimination or the effects thereof has denied and continues to deny minority and women's business enterprises equal opportunity to participate in District contracts and to recommend the appropriate affirmative action steps to be taken to eliminate any such discrimination and its continuing effects. Whereas, on June 21, 2001, the District adopted its Revised Appendix D, Notice of Requirements for Affirmative Action Program to Ensure Minority, Small and Women's Business Participation ("Appendix D"); and Whereas, in 2006 the Board of Commissioners undertook a review of Appendix D, the District's contracting policy and operation Linder Appendix D and an investigation into the existence of continued discrimination against minority and women-owned businesses in the Metropolitan Chicago construction industry to evaluate the continued need for Appendix D and D-2 Bid Book Page 253 any necessary revisions thereto; Whereas, the Board of Commissioners tindertook a review in 2012 ol'Appendix D, the District's contracting policy and operation under Appendix D and wi investigation into the existence of continued discrimination against minority- and women-owed businesses in the Metropolitan Chicago construction iodUstry to evaluate the continued need for Appendix D and any necessary revisions thereto; Wfiereas, in 2014, the Board of Coin missi onerS undertook another review of Appendix 1), the District's contracting policy and operation under Appendix 1) and an investigation into the existence of continued discrimination against rninority- and women-owned bL1Si11CSSeS in the Distriet's geographic and procurement market areas to evaluate the continued need for Appendix D arid any necessary revisions thereto. That review resulted in commissioning a comprehensive disparity study, conducted by an outside consultant that was finalized in 201 5, Seo,Won 2, Findings The Board of Commissioners, having reviewed the 2015 report of its outside consultant finds: I In 2003, the U.S. District Court in Builders Association ol'Greater Chicago v. Ott, of'Chicvgo, 298 R SUPP.2d 725 (N.1), 111, 2003) held that the evidence introduced at trial dernonstrated that past and Current discriminatory practices continue to place MBE and WBE firms at a competitive disadvantage in the award of governmental contracts and such practices have and continue to impede the growth arid success of NIBEs and WBEs, 1 In 2004, a study of the Metropolitan C"hicagca Construction Industry by Timothy Bates, Distinguished Protlessor, Wayne State University, concluded that the evidence that African-American, Hispanic and women-owned businesses have been, and continue to be disadvantaged in the construction industry and small businesses is strong, has remained consistent and that compelling evidence indicates that African-Atnerican, f lispanic, and wornen- owned businesses face barriers in the Metropolitan Chicago construction industry greater than those faced by white males, 3, A November, 2005 study of the Metropolitan Chicago construction industry by David Blancliflower, Professor of Economics at Dartmouth College, has determined that discrindnation against Asian-owned businesses existed in the business community in areas of business financing and construction wages and that this, together with evidence of individual discrimination against, Asian-owned construction companies, leads to the conclusion that discrimination against Asian owned businesses continues to exist in the Metropolitan Chicago construction industry, 4. In 2005, the U.S. District Couil held in Northern C ontructing, Inn, v. Illinois Depai-tinent ojTransj)ortafion, 2005 U,S. Dist. LE,, "I 19868 (N,D, IlL Sept. 8, 2005) that there, is s(rong, evidence of the ell"ects of past and carrent discrimination against MBEs and WBEs in tile o,',,onstruction industry in the Chicago area, 5, The trial court's decision was affirmed in Northern C nowefing, Ine, vi, filino.,fis Department ofTransl-wriation, 47 X173d 715 (7"' Cir. 2007). 6In 2006, Board of Commissioners of" Cook County, Illinois accepted as report it had commissioned titled, "Review oaf'Compelling Evidence of Discrimination Against Minority- and Wotrien-Owned Business Enterprise in the Chicago Area Construction Industry and Recornmendations for Narrowly Tailored Remedies for Cook County, Illinois" (Cook County D-3 Bid Book Page 254 2006 Report), which concluded that there is extensive evidence of discrimination against MBEs and WBEs in the Chicago area construction marketptace, and the participation of MBEs and WBEs in the County's construction prime contracts and subcontracts is below the availability of Such firms. 7. In 2006, the Illinois State Toll Highway Authority commissioned a study :for the availability of Disadvantaged Business Enterprises ("DBFs") in its geographic and procurement markets, to ensure that its DBE program was narrowly tailored as required by constitutional standard, which found 19.560/'o DBE availability in construction, 19,36% DBE availability in construction-related professional services, and that D13E utilization had steadily increased frorn 2,40% in 2004 to 24,72% in 2010.8. The Board of Commissioners of Cook County commissioned a new report, entitled -The Status of Minority and Women-Owned Business Enterprises Relevant to Construction Activity In and Around Cook County, Illinois" (Cook County 2010 Study), which found that MBEs and WBEs were not utilized in all aspects in proportion to their availability. 9. In 2010 the U.S. Department of Justice produced a report to Congress, entitled "Compelling Interest for Race- and Gender-Conscious Federal Contracting Programs: An Update to the May 23, 1996 Review of Barriers to Minority- and Women-Owned Businesses," that updated the original basis for the U,S. Department of Transportation's DBE program and concluded that discriminatory barriers continue to impede the ability of MBEs and WBEs to compete with other firms on a fair and equal footing in government contracting markets, including in the construction industry, 10. In 2012, the District commissioned a report on barriers to construction opportunities in the Chicago area market and recommendations for District efforts to reduce Such barriers, which found continuing disparities in the Chicago area construction market. IL In 2014, The District commissioned its first comprehensive disparity study to investigate barriers to equal opportunities in the District's geographic and industry market areas and make recommendations for District efforts to reduce such barriers, which found continuing disparities in the District's market areas. 12. In 2015, the trial court in APdwest T'ence, Corl), v. US'. Departalent qf Transjwrtotion et al, 2015 WL 139676 (N,D. 111. March 24, 2015(Held that discrimination continues to impede full and fair opportunities for disadvantaged business enterprise in the Illinois construction industry). 13. The District has determined that it has a continuing compelling interest in preventing public funds in construction contracts from perpetuating the effects of past discrimination and current discrimination against minority- and women-owned firms in its market. 14. The Affirmative Action Program adopted by the District is hereby modified to further continue to ameliorate the effects of racial and gender discrimination in the construction market. 15. The remedies adopted herein by the District will not overly burden non-MBE and non-WBE firms in the award of District Contracts. 16. The Commissioners shall periodically review minority-owned and women-owned participation in contracts awarded by the District to ensure that the District continues to have a D 4 Bid Book Page 255 conipelting interest in remedying discrimination against minority and women-owned firms in the award of District contracts and that the measures adopted herein remain narrowly tailored to accomplish that objective. Now, therefiwe, the District Board of'Coinmissioners hereby adopts this Revised AppendiN D: Section 3. Purpose and Intent The purpose and intent of this Ordinance is to mitigate the present effects of discrimination on the basis of' race, ethnicity or sex in opportunities to participate on the District's prime contracts and associated subcontracts and to achieve equitable utilization of' minority-mvned, women-owned and small business enterprises in District construction contracts. Seeth"m 4, CoNrei-age The lollo"ring provisions, to be known as "Appendix D" together with relevant forms,, shall apply and be appended to every construction contract awarded by the District where the estimated total expenditure is in excess of $100,000,00, except contracts let in the event of an emergency pursuant to 70 ILCS 2605/11,5 Section 5, Definitions The meaning of these terms in this Ordinance are as follows: (a) "Administrator" means the District's Affirmative Action Program Administrator. (b) "Affiliate" of a person or entity means a person or entity that directly or indirectly through one or more intermediaries, controls or is controlled by, or is Linder coninion control with, (fie person or entity. In determining Affiliation, the District shall consider all appropriate factors, including common ownership, common management, and contractual relationships. (c) "Annual Participation Goals" mean the targeted levels established by the District for the annual aggregate participation of MBEs and WBF,s in District construction contracts (d) "Ridder" means an individual, a business, enterprise, including a sole proprietorship, a partnership, a corporation, a not for profit corporation, a limited liability company or any other entity which has submitted a bid on a District contract. (e) "Books and Records" include, but are not limited to, payroll records, bank statements, bank reconciliations, aCCOLHAS payable documents, account receivable documents, ledgers, all litiancial software, and all employer business tax returns,. (f) "Contract Specific Goals" means the Goals established for as particular pro.ject or contract based upon the availability of`MBFs or WBF`.s in the scope(s) of work of the project. (g) "Construction contract" inewis any District contract or amendment thereto, providing for a total expenditure in excess of One Hundred Thousand Dollars ($100,000.00) for the construction, demolition, replacement, major repair or renovation and maintenance of' real property and improvement thereon or sludge hauling and any other related contract which the District deems appropriate to be subject.to Appendix D consistent with the Ordinance, D-5 Bid Book Page 256 (h) "Commercially Useful Function" means responsibility for the execution of a distinct element of the work of the contract, which is carried out by actually performing, managing, and supervising the work involved, or fulfilling responsibilities, (i) "Contract Goals" means the numerical percentage goals for MBE,, WBE or SBE participation to be applied to an eligible District construction contract subject to Appendix D for the participation of MBEs, WBEs and SBIs, based upon the scopes of work of the contract, the availability of MBEs, WBEs and SBEs to meet the goals, and the District's progress towards meeting its Annual MBE, WBE and SBE�' goals. (j) "Director" means the District's Director of Procurement and Materials Management, formerly" known as the Purchasing Agent, (k) "Economically Disadvantaged" means an individual with a Personal Net Worth less than $2,000,000.00, indexed annually for the Chicago Metro Area Consumer Price Index, published by the U.S. Department of Labor, Bureau of Labor Standards, beginning January 2008. (1) "Executive Director" means the chief administrative officer of the District, formerly known as the General Superintendent, (m) "Expertise" means demonstrated skills, knowledge or ability to perform in the field of endeavor in which certification is sought by the firm as defined by normal industry practices, including licensure where required. (n) "Good Faith Efforts" means those honest, fair and commercially reasonable actions undertaken by a contractor to meet the MBE or WBE goal, which by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the Program's goals. (o) "Hearing Officer" is an attorney licensed to practice in the State of Illinois, appointed by the Board of Commissioners, to conduct hearings as provided in this Ordinance regarding a contractor's compliance or non-cornpliance with this Ordinance. (p) "Joint Venture" means an association of two or more persons, or any combination of types of business enterprises and persons numbering two or more, proposing to perform a single for profit business enterprise, in which each Joint Venture partner contributes property, capital, efforts, skill and knowledge, and in which the certified firm is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the Joint Venture are equal to its ownership interest, Joint Ventures must have an agreement in writing specifying the terms and conditions of the relationships between the partners and their relationship and responsibility to the contract, (q) "Job Order Contract" or "JCC" means a firm, fixed price, indefinite quantity contract designed to complete a large number of construction projects quickly. (r) "Local business" means a business located within the counties of Cook, DuPage, Kane Lake, McHenry or Will in the State of Illinois or Lake County in the State of Indiana which has the majority of its regular full-time work force located in this region or a business which has been placed on the District's vendor list or has bid on or sought District construction work. (s) "Minority-owned business enterprise" or "MBE" means a Local Small business entity, including a sole proprietorship, partnership, corporation, limited liability company, Joint Venture or any other business or professional entity, which is at least, fi fly-one percent (51%) owned by one or more members of one or more minority groups, or, in the case of a publicly held D-6 Bid Book Page 257 corporation, at least, [Ifty-one percent (51a'/u,) of the stock of which is owned by one or more members of one or more minority groups, and whose management, policies, major decision,,.; and daily business operations are controlled by one or more Minority Individuals. (t) "Minority Individual" means as natural person who is a citizen ofthe United States or lawful permanent resident of the I.Jnited States and one of the following: (i) African-, rnerican - A person having origins in any of the Black racial groups of Africa and is regarded as such by the African American Community of which the person clairris to be as part. (iii) Asian-American — A person having origins in any of the original peoples of' the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands or the Northern Marianas, and is regarded as such by the Asian American community of which the person claims to be a part, (ii) I'lispanic-Anierican - A person having origins from Mexico, Puerto Rico, Cuba and South or Central America and is regarded as such by the Hispanic conimunity oCwhich the person claims to be a part, regardless ofrace, (iv) Native-American — A person having origins in any of the original peoples of' North America and who is recognized through tribal certification as a Native American by either as tribe or a tribal organization recognized by the Government of[lie United States of America. (v) Individual members of other groups whose participation is required under state or federal regulations or by court order, (vi) Individual members of other groups found by the District to be Socially Disadvantaged by having suftcred racial or ethnic prcwjUdice or Cultural bias within American society, without regard to individual qualities, resulting in decreased opportunities to compete in the District's marketplace or to do business with the tAstrict. (u) "Personal Net Worth" means the net value of the assets of an individual after total liabilities are deducted. An individual's personal net worth does not include the individual's ownership interest in air applicant or other certified MBE or W131'3, provided that the other firm is certified by as governmental agency that meets the District's eligibility criteria or the individual's equity in his or her primary place or residence, As to assets held,jointly with his or her spouse or recognized civil partner, an individual's personal net worth includes only that individual's share of such assets. Air individual's net worth also includes the present value of the individual's interest in any vested pension plans, individual retirement accounts, or other retirement Savings or investment programs less the tax and interest penalties that would be imposed ifthe asset were distributed at the present time, (v) "Prime Contractor" means a Contractor that is awarded a District contract and is at risk for the completion of an entire District project, including purchasing all materials, hiring and paying SUK,,ontnactors, and coordinating all the work. (w) "St'nall Business [.,rater prise"" or "S131"." inearis a small business as defined by the U, S. Small Business Administration ('SBA), pursuant to the; business size stariclards found in 13 CFR Part 12 1, relevant to (lie scope(s) of work the firm seeks to perform on District. contracts, except that the size standard for specialty trade construction firms shall be 150 percent of the SBA size standard. A firm is not an eligible S13E' in any calendar fiscal year in which its gross receipts, averaged over the firin"s previous five fiscal, years, exceed the size standards of 13 CFR Pail 12,1, Bid Book Page 258 (x) "Socially Disadvantaged" means a Minority Individual or Woman who has been subjected to racial, ethnic or gender prejudice or cultural bias within At'nerican society because of his or her identity as a member of a group and without regard to individual qualities. Social disadvantage must stem from circumstances beyond the individual's control, A Socially Disadvantaged individual must be a citizen or lawffilly admitted permanent resident of tile United States, (y) "Subcontractor" means a party that enters into a subcontract agreement with a District Prime Contractor to perform work or provide materials on a District project. (z) "Tier" refers to the relationship of a subcontractor to the prime contractor. A subcontractor having a contract with the prime contractor, including a material supplier to the prime contractor, is considered a "first-tier subcontractor," while a subcontractor's subcontractor is a "second-tier subcontractor" and the subcontractor's material supplier is a "third-tier subcontractor," The subcontractor is subject to the same duties, obligations and sanctions as the contractor under this Ordinance. (aa) "Utilization Plan" means the plan, in tile form specified by the District, which must be submitted by a Bidder listing the MBEs, WBEs and SBE that the Bidder intends to use in the performance of a contract, the scopes of the work and the dollar values or the percentages of the work to be performed. (bb) "'Vendor list" means the District's list of firms that are certified as minority-owned or women-owned by the City of Chicago, the County of Cook, the State of Illinois,the Women's Business Development Center, or the Chicago Minority Supplier Development Council, or as a Disadvantaged Business Enterprise by the Illinois Unified Certification Program, or as a Small Disadvantaged Business by the U.S, Small Business Administration. (cc) "Wornen-owned business enterprise" or "WE" means a Local and Small business entity which is at least fifty-one percent (51%) owned by one or more women, or, in the case ora publicly held corporation, fifty-one percent (5 1%) of the stock of which is owned by one or more women, and whose management and daily business operations are controlled by one or more women. Determination of whether a business is at least fifty-one percent (51%) owned by a woman or women shall be made without regard to community property laws, Section 6, on-Discrimination and Affirmative Action Clause As a precondition to selection, a Contractor must include in its bid proposal for a covered contract the following commitments: During the performance of this contract, the Contractor agrees: (a) It shall not discriminate on the basis of race, sex, gender, color, racial group or perceived racial group, disability, age, religion, national origin or ethnicity, sexual orientation, veteran or military discharge status, association with anyone with these characteri sties, or any other legally protected characteristic in the solicitation for or purchase of goods in the performance of this contract, (b) It shall actively solicit bids for the purchase or subcontracting of goods or services frorn qualified MBEs, WBEs and SBEs. D -8 Bid Book Page 259 (c) It shall undertake Good Faith Efforts in accordance with the criteria established in this Ordinance, to ensure that qualified loll s, WBE, and 'A lis are utilized in the performance of this contract and share in the total dollar value of the contract in accordance with each of the applicable utilization goals established by the District for the participation of qualified MBEs, WBI„',s and SBF'S, (d) It shall require its subcontractors to make similar good faith effiorts to utilize qualified MBL's, WBEs rand SBEs. (e) It shall maintain records and furnish the District all information rind reports required by the District for monitoring its compliance with this Ordinance, (f) It shall designate as person to act as an Affirmative Action Coordinator to facilitate the review of all concerns related to the participation MBEs, WBEs and SBES. Section 7, Race- and Gender- Neutral Measures to Ensure Equal Opportunities for All Contractors and Subcontractors The District shall develop and use measures to facilitate the participation of all firms in District construction contracting activities, These measures shall include, but are not limited to: (a) Unbundling contracts to facilitate the participation of N113f7s, WBEs and SBEs as Prime Contractors, (b) Arranging solicitation times for the presentations of`bids, specifications, and delivery schedules to facilitate the participation of interested contractors and subcontractors, (c) Providing timely information on contracting procedures, bid preparation and specific contracting opportunities, including through an electronic system and social media. (d) Assisting MBEs, WBEs and SBEs with training seminars on the technical aspects of preparitig,a bid for as District contract, (e) providing assistance to businesses in overcoming barriers such as difficulty in obtaining bonding and financing, and support for business development such as accounting, bid estimation, safety requirements, (JUality control, (1) prohibiting prime Contractors troin requiring bonding for subcontractors, where appropriate, (g) Holding pre-bid conferences, where appropriate, to explain the contract and to encourage Bidders to use all available firms as subcontractors, (,It) Adopting prompt payment procedures, including, requiring by contract that prime Contractors promptly pay subcontractors and investigating complaints or charges of' excessive delay in payments, (i) ) Developing Linked Deposit and other financing and bonding assistance programs to assist small tineas. (j) Reviewing retainage, bonding and insurance requirements and their application to bid calculations to eliminate unnecessary barriers to contracting with the District. (k) Collecting information from prime Contractors on District construction contracts detailing the bids received from all subcontractors for District on construction contracts and the expenditures to subcontractors utilized by prime Contractors on District construction contracts. (1) Limiting the self-performance of prime contractors, where appropriate, (ria) To the extent practicable, developing future policies to award contracts to SBEs. (it) Maintaining information on all firms bidding on District prime contracts and Subcontracts, D-9 Bid Book Page 260 (o) At the discretion of the Board of Commissioners, awarding a representative sample of District construction contracts without goals, to determine MBE, WBE and SBE utilization in the absence of goals. (p) Referring complaints of discrimination against MBEs, WBEs or SBEs to tile appropriate authority for investigation arid resolution. Section 8, Certification Eligibility (a) Only businesses that meet the criteria for certification as a MBE, WBE or SBE may be eligible for credit towards meeting Utilization Contract Goals, The applicant has the burden of' production and persuasion by a preponderance of the evidence at all stages of the certification process. (b) Only a firm owned by a Socially arid Economically Disadvantaged person(s) may be certified as a MBE or WBE, (i) The firm's owiiership by a Socially and Economically Disadvantaged person(s) must be real, substantial, arid continuing, going beyond pro ,forma ownership of the firm as reflected in ownership documents. The owner(S) Must enjoy the customary incidents of ownership and share in the risks and profits commensurate with that ownership interest. (ii) The contributions of capital or Expertise by the Socially and Economically Disadvantaged owner(s) to acquire the ownership interest must be real and substantial. If Expertise is relied upon as part of a Socially and Economically Disadvantaged owner's contribution to acquire ownership, the Expertise must be of the requisite quality generally recognized in a specialized field, in areas critical to the firm's operations, indispensable to the firrn's potential success, specific to the type of work the firm performs and documented in the firm's records. The individual whose Expertise is relied upon must have a commensurate financial investment in the firm, (e) Only a firm that is managed and controlled by a Socially and Economically Disadvantaged person(s) may be certified as aManly �(i) A firm mustnot besubject formal or informal restrictions that limit the customary discretion of the Socially and Econoinically Disadvantaged owner(s), There can be no restrictions through corporate charter provisions, by-law provisions, contracts or any other formal or informal devices that prevent the Socially and Economically Disadvantaged owner(s), without the cooperation or vote of any non-Socially and Economically Disadvantaged person, frorn making any business decision of the Firm, including the making of obligations or the dispersing of funds. (ii) The Socially and Economically Disadvantaged owner(s) must possess the power to direct or cause the direction of the management and policies of the firm and to make day-to-day as well as long term decisions on management, policy, operations and work. (iii) The Socially and Economically Disadvantaged owner(s) may delegate various areas of the management or daily operations of the firm to persons who are not Socially and Economically Disadvantaged. Stich delegations of authority must be revocable, and the Socially and Economically Disadvantaged owner(s) must retain the power to hire and fire any such person. The Socially and Economically Disadvantaged owner(s) must actually exercise control over the firm's operations, work, management and policy. (iv) The Socially and Economically Disadvantaged owner(s) must have in overall understanding of, and managerial and technical competence, experience and Expertise, directly related to the firm's operations and work, The Socially and Economically Disadvantaged owner(s) must have the ability to intelligently and critically evaluate information presented by D-10 Bid Book Page 261 other participants in the firm's activities and to make independent decisions concerning the firm's daily operations, work, management, and policyrnaking. (v) If federal, state and/or local laws, regulations or statutes require the owner(s) to have a particular license or other credential to Own and/or control a certain type of firm, then the Socially and Fconornically Disadvantaged owner(s) must possess the required license or credential. H'state law, District ordinance or other law regulations or statute does not require that the owner posses the license Or credential, that tile owner(s) lacks such license or credential is a factor, but is not dispositive, in. determining whether the Socially and Economically Disadvantaged owner(s) actually,controls the finn, (vi) A Socially and Economically Disadvantaged owner cannot engage in outside eiriploynient or other business interests that conflict with the management of the firm or prevent the owner from devoting sufficient time and attention to the affairs of the firm to manage and control its day to day activities. (d) Only all independent firm may be certified as a MBE, WB E or SBE. An independent firm is one whose viability does not depend on its relationship with another firm. Recognition of all applicant as (a separate entity I,or tax or corporate purposes is not necessarily sufficient to demonstrate that a firm is independent and non-Affifiated. In determining whether an applicant is an independent business, the Director will: (i) Evaluate relationships with non-certified firms in such areas as personnel, facilities, equipment, finaricial and/or bonding support, and other resources. (ii) Consider whether present or recent employer/employee relationships between tile Socially and Economically Disadvantaged owner(s) of the applicant for MBE or W131.-, certification or any owners of the applicant for SBF certification and non-certified firms or persons associated with non-certified firms compromise the applicant's independence. (iii) Examine tile applicant's relationships with non-certified firms to determine whether a pattern of exclusive or primary dealings with non-certified firm compromises tile applicant's independcrice. (iv) Consider the consistency of relationships between the applicant and 11on- certified finals with normal industry practice. (e) Ali applicant shall be certified only for specific types of work in which the Socially and 111conornically Disadvantaged owner(s) for MBEs and W131"s or the ma ority owner for SBEs Eras the ability and Expertise to manage and control the firm's operations and work. (f) The District shall certify the eligibility Of Joint Ventures involving MBEs, WBEs or S111','s and non-certified firms, (g) The certification status of`all N413Es, WBEs and SBEs shall be reviewed periodically by the Administrator, Failure of the Firm to seek recertification by filing the necessary documentation with the Administrator as provided by rule may result in(ICCeltifiCati011, (It) It is the responsibility ofthe certified firm to notify the Administrator of any change in its circurnstances affecting, its continued eligibility, Failure to do so may result in the firm's decertification, (i) The Administrator shall decertify a firm that does not continuously meet the eligibility criteria, (j) Decertification b another agency shall create a prima fiicie case t*or decertification by Ole District, The challenged firin shall have the burden of'proving by a preponderance of the evidence that its District certification should be maintained. (k) A firm that has been denied certification or recertification or has been decertified may protest the denial or decertification by filing a written appeal with the Executive Director within Bid Book Page 262 10 calendar days of receipt of the denial of District certification, recertification or decertification. The appeal should set forth in detail the facts upon which it is based, and attach all relevant documentations.ions. The Executive Director shall render a decision within 15 calendar days of receipt of a timely appeal. The Executive Director's decision shall be final. (1) A firm FOUnd to be ineligible may not apply for certification for two years after the effective date of the final decision. Section 9. Schedule of Goals for Minority-Owned, Women-Owned and Small Business Enterprise Utilization In fulfillment of its policy to provide MBEs, WBEs, and SBEs full and equitable opportunities to participate in the District's construction prime contracts and subcontracts, the District shall establish annually goals for MBE, WBE' and SBE participation, based oil the availability of MBEs and WBEs in the District's geographic and procurement market. Section 10, Contract Goals. (a) The Director, in consultation with the Administrator and the User Department, shall establish Contract Goals for construction contracts based upon the availability of at least three MBEs and three WBEs registered on the District's vendor list to perform the anticipated subcontracting functions of the contract and the District's utilization of MBEs and WBF.s to date. (b) Where a substantial portion of`the total construction contract cost is for tile purchase of equipment, the Director may designate goals for only that portion of the contract relating to construction work and related supplies and/or modify the limitations on the credit for MBE or WBE suppliers herein. (c) The Contract Goal(s) shall be designated in the contract documents. Section 11. Counting MBE, WBE,and SBE Participation towards Contract Goals (a) A Bidder may achieve the Utilization Contract Goats by its status as a MBE, WBE or SBE or by entering into a Joint Venture with one or more MBEs, WBEs and SBEs or by first-tier subcontracting a portion of the work to one or more MBEs, WBEs and SBF',s or by direct purchase of materials or services from one or more MBEs, WBEs and SBEs or by any combination of the above. (b) If a firm is certified as both a MBE and a WBE, the Bidder may Count the firm's participation either toward the achievement of its MBE or WBE' goal, but not both. (c) A Bidder may count toward the achievement of its SBE goal the utilization of any MBE or WBE that also satisfies the definition of a SBE, (d) A Bidder may count the entire amount of that portion of a contract that is performed by MBEs, WBEs or SBEs own forces, including the cost of supplies and materials obtained and installed by the MBE, WBE or SBE for the work of tile contract, and supplies purchased or equipment leased by the MBE, WBE or SBE used to directly perform the work of the contract (except supplies and equipment the NIBIF', WBE or SBE purchases or leases from the Prime Contractor.•or the Prime Contractor's Affiliate). (c) Where a Bidder or first-tier subcontractor engages in a Joint Venture to meet the Contract Goal, the Administrator shall review the profits and losses, initial capital investment, D-12 Bid Book Page 263 actual participation of the Joint Venture in the performance of the contract with its own forces and For which it is separately at risk, and other pertinent factors of the joint venture, which must be fully disclosed and documented in the Utilization Plan in the sarne manner as l'or other types ot'participation, to determine the degree of'N/I'BE, WBE or SBF participation that will be credited towards the (:".ontract Goal, The Joint Venture's Utilization Plan must evidence how it will meet the goal or document the Bidder's Good Faith Efforts to do so. The Administrator has the authority to review all records pertaining to Joint Venture agreements before and after the award ofa contract in order to assess compliance with this Ordinance, The MBE, WBE or SBL"�' Joint VCIALire partner must have a history of proven expertise in pertorniance of a specific area of work and will not be approved for performing only general managernent ofthe Joint Venture. The specific work activities for which the MBEI, WBE or SBEI Joint Venture partner will be responsible and the assigned individuals must be clearly designated in the Joint Venture Agreement. The Joint Venture must submit to the Administrator quarterly work, plans, including scheduling dates of the tasks. The Administrator must approve the quarterly plans for the MBE, I WBE or SIM",Joint Venture, partner"s participation to be credited towards the Contract Goals, (f Only the participation of MW7S, WBEs or SBEs that will perform as first-tier subcontractors will be counted towards meeting the Utilization Contract Goals. I (g) Only expenditures to a MBE, WBIor SBE that is performing a Commercially Useful 1"unction shall be counted towards the Utilization Contract Goal, (i) A firm is considered to perform a commercially useful function when it is responsible for execution of' a distinct element of the work of as contract and carries out its responsibilities by actually performing, managing, and supervising the work involved. The firm 111LISt pay all costs associated with personnel, materials and equipment. The firm must be formally and directly responsible for the employment, supervision and payment of its workforce must own and /or lease equipment, and must be responsible for negotiating price, determining quality and quantity and paying for and ordering materials used. The firm cannot share emptoyces with the Prime Contractor or its Affiliates. No payments fOr use of equipment or materials by (tic firm can be made through deductions by the Prime Contractor, No flannly rnembers \,vho own related businesses are allowed to lease, loan or provide equipment, employees or materials to the firm, (ii) A firma does not perform as commercially useful function it*its role is limited to that of an extra participant in a transaction through which funds are passed in order to obtain the appearance of MI.31.,, WBE or SKI participation, 17he Prime Contractor is responsible for ensuring that the firm is performing a commercially useful function, (iii) The District will evaluate the amount of work Subcontracted, industry practices, whether the amount the MBE, WBE or SBE,' is to be paid under the contract is coin niensura t e with the work it is actually performing and other relevant factors, (iv) It'a firm subcontracts a greater portion of I the work of contract than would be expected based on normal industry practice, it is presumed not to perform a Commercially Use tial Function, When a firm is presumed not to be performing a Commercially Useful Function, the firni may present evidence to rebut this presumption, (h) Credit towards the Contract Goals will be allowed only for those direct services pertbrined or materials supplied by MBEs, WBEs or SBEs or first-tier subcontractor MBEs, WBFs or SBEs. MBEs, WBEs or SBFds must perform no less than eighty-five percent (85%) of D -13 Bid Book Page 264 their work with their own forces, through the use of its own management and supervision, employees and equipment. If industry standards and practices differ, the firm must. furnish supporting documentation for consideration by the District. (i) Purchase of materials and supplies must be pre-approved if their purchase is related to goal attainment. Bidder may count payments to MBE, WBE or SBE regular dealers or manufacturers who offer only furnish and deliver contracts for materials and supplies for no more than twenty-rive percent (25%) of each MBE, WBE or SBE goal, unless approved by the Administrator, If the bidder exceeds the supplier exception amount allowable as stated in the bid documents,the bid will be viewed as non-responsive, 0) A dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a regular dealer, the firm must engage in, as its principal business, and in its own name, the purchase and sale of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or regular dealers within the meaning of this section, A manufacturer is a firm that operates or iriaintains a factory or establishment that produces on the premises the materials or supplies obtained by the Bidder, (k) If a firm ceases to be a certified during its performance on a contract, the dollar value ofwork performed under a contract with that firm after it has ceased to be certified shall not be counted. (1) In determining achievement of Utilization Contract Goals, the participation of a NIB[",", WBE or SBE shall not be counted until that amount has been paid to the MBE, WBE or SBE. , ecflon 12. Utilization Plan Submission (a) Compliance documents must be submitted as provided in the solicitation. Failure to do so will render the bid non-responsive. The Director shall review each bid submission to determine if it meets the requirements herein, (b) A Bidder Must either meet the Utilization Contract Goals or establish its Good Faith Eff'orts to do so as described in Appendix D and the solicitation, (c) Each Bidder shall submit with its bid a completed and signed Utilization Plan that lists the names, addresses, telephone numbers, email addresses and a description of the work with contract item number and contact person of the businesses intended to be used as subcontractors, subconsUltants and suppliers, including those firms proposed to meet the Contract Goal(s); the type of work or service each business will perforni; and the dollar amount to be allocated to the certified firm(s). Each Bidder's Utilization Plan shall commit to MBE, WBE or SBF; participation equal to or greater than each of the Contract Goals set forth in the solicitation, unless the Bidder requests a partial or total waiver of the requirement that it, rile a Utilization Plan or achieve a particular goal by submitting with the bid a signed Waiver Request in the form specified in the solicitation. (d) Each Bidder must submit with its bid a signed MBE, W13E or SBE Subcontractor's Letter of Intent for each firm in the form specified in the solicitation, with either a copy of each MBE, WBE or SBEs current Letter of Certification from a state or local government or agency D-14 Bid Book Page 265 or documentation dernonstrating that the firm is a N[1311, WBE or SBE within the meaning of this Appendix D. In the event of conflict between the amounts stated on the Utilization Plan and the MBF, WBE or SRE' Subcontractor's Letter of' Intent, the terms stated on the Utilization Plan shall control. An original or facsimile copy of the 1 1131", W13F or S13E Subcontractor's I.,etter of Intent will be accep,utble, (e) Where, it Bidder had failed to meet the Contract Goal(s), it must rile as Waiver Request docurnenting its Good Faith Efforts to meet the Goal(s) as provided in the format described in the solicitation, the Administrator shall require the contractor to lite a Contractor Inforniation Forni and provide additional documentation of its good faith efforts in attempting tra fulfill such goals. (i) Such Good Faith Efforts, as defined herein, shall include, but are not limited to, the t611OWiDg: (i) Attend any pre-bid conference conducted by the District to acquaint c(:)ntractors with MBF,s, WBF's and SI3Es available to provide relevant goods and services and to infotin M1313s, WBEs and S13141's of` bcon tract opportunities on the contract; (ii) Review lists of available MBEs, WBEs and SBEs maintained by the District and other state arid local governments and agencies prior to the bid opening to identify qualified MBEs, WBEs and SBEs for solicitation for bids; (iii) Advertise, not less than 15 calendar (lays before the bid opening date, in one or more daily newspapers and/or trade publications, for proposals or bids by M1311's, WBIE's and SBEs for subcontracts or the Supply of goods and services on the contract; (iv) iv) Maektimely written solicitations (ifavailable MBEs, and WBEs and SBE.s identified on the District's vendor list that provide relevant services for subcontracts or the supply of`goads and, services; (v) provide MBEs, WBES and SBEs with convenient, and timely opportunities to review and obtain relevant plans, specifications or terms arid conditions of`the contract to enable such MBI?s, WBEs and SBEs to prepare an informed response to a contractor solicitation; (6) Divide total contract requirements into small tasks or quantities and adjust performance bond and insurance requirements or otherwise assist MBEs, WBE,s and SBEs in obtaining the required bonding, insurance or financing, where economically feasible, to encourage participation of MBEs, WBEs arid SBEs; (vii) Follow, tip initial solicitiation of' NIBEs, WBEs and SBEs by contacting therm to determine if the enterprises are interested in making bids or proposals; (viii) Negotiate in good faith with M1313s, WBEs and SBEs prior to the bid opening and do not reject, as unsatisfactory any bids or proposals submitted by M/WBEs Without Justifiable reason, including the lack of bonding capacity or the ability to obtain insurance requirements such as Completed Builders Risk (All Risk) Insurance, Comprehensive General Liability Insurance, Contractor ContraCtUal Liability Insurance and Public Liability Insurance; (ix) Establish delivery schedules, where the requirements of the work permit., Nvhich will encourage participation by MB s, WBEs and SBEs; (x) Establish Joint ventures with MBEs, WBE"Is and SBEs; D-15 Bid Book Page 266 (xi) Use the services and assistance of the District, the Small Business Administration, the Office of Minority Business Enterprises of the US, Department of Commerce and appropriate community and minority and women's business organizations; (ii) Failure of a Bidder to provide requested information to the Administrator or to cooperate with the Administrator's investigation, may be grounds for the rejection of a bid and/or a Waiver request. (iii) Upon completion of the investigation, the Administrator shall inforni the Director ot'his or her findings. (iv) The Director, after consultation with the Administrator, shall determine whether to grant the, waiver request based on the Bidder's Good Faith Efforts at the time of bid submission. (v) Where, the Director determines that a Bidder has not made Good 1,aith Efforts, the Director shall declare the bid submission non-responsive and will reject the bid, (d) A contractor's submission of a Utilization Plan that commits to a MBE or WBE participation equal to or greater than the applicable utilization goals shall not provide a basis for a higher bid, an increase in contract price or a later change order, (e) "The requirement to submit a Utilization Plan and MBE, WBE or SBE Subcontractor's Letters of Intent applies when the individual project is awarded under Job Order Contracts awarded by the District. (i) A Prime Contractor issued a Job Order Contract shall submit with each work order issued under such a Contract its Utilization Plan that lists the name, address, telephone number, email address and contact person for each MBE, WBE or SBE to be used on the work order, as well as a description of work to be performed and a dollar amount to be allocated to such MBE, WBE or SBE. The Prime Conti-actor shall submit with each work order a MBE, WBE or SBE Subcontractor's Letter of Intent from each certified firm. (ii) A Prinie Contractor awarded a Job Order Contract shall be subject to the compliance monitoring provisions herein, The Prime Contractor must submit to the Administrator monthly documentation, as specified by the Administrator, demonstrating that the Contractor has attained the Contract Goals for the completed portion of the Job Order Contract, or that it has been unable to do so despite its good faith efforts, Good Faith Efforts must be documented as provided in this Ordinance. &?ction 13. Compliance Review (a) The Director shall declare the bid submission non-responsive if a Bidder: (i) Failed to submit with its bid a completed and signed Utilization Plan; (ii) Failed to commit in its Utilization Plan to MBE, WBE and SBE participation equal to or greater than each of the Utilization Contract Goals unless the Bidder submitted with its bid a request for a total or partial waiver of the Goal(s), D-16 Bid Book Page 267 (iii) l"ailed to identify in its Utilization Plan the MBE, WBE or SBE by name, scope of' work, contract item number, arid dollar value of work or percentage of participation equal to or greater than each of the Contract Goal(s). (iv) Failed to submit with its bid the MBE, WBE and SM Subcontractor's Letter offirtent from each MBE, WBE and SBE listed on its Utilization Plan. (b) Where, after consultation with the Administrator, the Director determines that the Utilization an submitted by a Bidder is false or fraudulent, the bid shall be rejected or, if the deternunation is made after the bid award, the contract inay be forfeited in accordance with the provision of Article 28 of the General Conditions. (c) 11'a Nlentor-PrWg6 relationship is proposed to meet the Contract Goal, the Mentor- Prot6gd Development Plan must be submitted to the Administrator for approval prior to contract award, Nlentor-PrW& relationship" describes im association between large business prime contractor firnis and socially disadvantaged firms designed to motivate, encourage and to provide InUtUally beneficial developmental assistance to those socially disadvantaged firms. (d) Prior to the award of any contract, the Administrator shall review the Utilization Plan, MBL", WBE' and SBE Subcontractors Letter(s) of Intent and Letter(s) of Certification, arid Contractor Infornnati(ni and Waiver Request Forms as specified in the solicitation, submitted by the apparent low bidder on a contract and conduct any other investigation the Administrator deems appropriate to determine compliance. (e) Within 30 calendar days after demand, the Prime Contractor shall furnish executed copies of' all MBE, WBE and SBE subcontracts to the Administrator. Subsequently, the contractor shall obtain and submit, a copy of all MBE, WBE and SBE related subtier contracts on dernand, (f) The Prime Contractor shall set timetables for use of its subcontractors before fifty percent (5011NO) of the work is completed, (g) If requested by the Administrator, the Prime Contractor must submit a MBE', WBE' arid S,1'111 Work Plan projecting the work tasks associated with certified firms' commitments prior to the award of the contract, The Work Plan must provide a description of the work tea be subcontracted to other NIB s, WBEs and STDs and non-certified firms and the dollar amount arid the name of the all tiers of subcontractors, The Work Plan becomes part of the Prime Contractor's contractual commitment and the contract record, arid may not be changed without prior approval of the Administrator. Section 14, Contract Performance Compliance (a) After the award of a contract, the Administrator shall review the Prime Contractor's compliance with its MBE, WBI" and Sl try, commitments during the perfonmance of the contract, (b) The Prime Contractor shall be required to submit the Affirmative Action Monthly MBE/WBE/SBE Status Report providing the inforniation arid in the format as specified by the District with every payment request. The Conti-actor's failure to do so may result in a delay of the progress payment, D-17 Bid Book Page 268 (c) Evidence of MBE, WBE and SBE subcontractor participation and payments must be submitted as required by the District to confirm subcontractors' participation and payment. (d) District contract compliance officers and auditors, or their designees, shall have access to the contractor's and subcontractor's books and records, including certified payroll records, bank statements, employer business tax returns and all records including all computer records and books of account to determine the contractor and MBE, WBE and SBE subcontractor compliance with the goal commitment. Audits may be conducted at any time and without, notice in the total discretion of the District. A Prime Contractor must provide the Administrator any additional compliance documentation within 14 calendar days of such request. Audits may be conducted without notice at any time at the discretion of the District. (e) If District personnel observe that any purported MBE, WBE' and SBE subcontractor other than those listed on the Utili7ntion Plan are performing work or providing materials andYor equipment for those MBE and WBE subcontractors listed on the Utilization Plan, the Prime Contractor will be notified in writing of an apparent violation is taking place and progress payments may be withheld. The contractor will have the opportunity to meet with the Affirmative Action Administrator prior to a finding of noncompliance. (f) Where a partial or total waiver of' the Contract Goal(s) has been granted, the Prime Conti-actor must continue to make Good Faith Efforts during the performance of the contract to meet the Goal(s), and the Administrator shall provide technical assistance with respect to such efforts. The Administrator shall require the Prime Contractor to provide documentation of its continuing Good Faith Efforts in attempting to fulfill, its commitments. (g) The Prime Contractor cannot make any changes to the approved Utilization Plan or substitutions of the MBE(s), WBE(s) or SBE(s) listed in the Utilization Plan throughout the life of the contract without the prior, written approval of the Administrator. This includes, but is not limited to, instances in which the Prime Contractor seeks to perforni work originally designated for a MBE, WE or SBE subcontractor with its own forces or those of an affiliate, a rion- certified firm or another MBE, WBE or SBE. Failure to obtain the prior, written approval of the Administrator in the format specified by the District shall constitute a breach of the contract, and Subject the Prime Contractor to any and all available sanctions. J,he participation of certified firms that did not receive prior, written approval by the Administrator will not be counted towards the Contract Goal(s), (i) The Prime Contractor must demonstrate good cause to terminate or reduce the scope of work of the MBE, WBE or SBE to the satisfaction of the Administrator. Good cause is limited to the following ci'rcumst'ances; (1) The listed MBE, WBE, or SBE subcontractor fails or refuses to execute a written contract. (2) The listed MBE, WBEI or SBE subcontractor becomes bankrupt, insolvent or exhibits credit unworthiness. (3) The listed MBE, WBE or SBE is ineligible to work on public works projects because of suspension and debarment proceedings pursuant to federal or state or local law, (4) 'rhe Administrator has determined that the listed MBE, WBE or SBE subcontractor is not a responsible contractor. D-18 Bid Book Page 269 (5) The listed MBE, WBE or S13E subcontractor Voluntarily withdraws flroni the project and provides the Administrator written notice ofits withdrawal, (6) The listed MM', WBE, or SBL' subcontractor is ineligible to receive credit f*6r the type ofwork required, (7) The MBE, WBE or SBE owner dies or becomes disabled with the result that the listed MBF , WBE or SBE subcontractor is unable to complete its work on the contract, (8) Other good cause as determined in the Administrator's sole: discretion. (ii) Good cause does not include where the Contractor seeks to terminate as MBE, W13f," or SBE it relied UpOrl to obtain the contract. so that the Contractor can self-perform the work M Substitute another Mllf-',, WBE or SBE or non-certified subcontractor to perform the work for which the MBE, WBE or SBE was engaged or listed on the Utilization plan, I (iii) 'rhe Prime Contractor must give the MBF, WK or SBE notice in Writing, with a copy to the Administrator, of its intent to request to terminate and/or substitute, and the detailed reasons for the request. (iv) If the Prime Contractor proposes to terminate or substitute a M13E, W13E or SBE subcontractor for any reason, the Contractor inust make Good Faith Efforts as defined herein to find as substitute MBE, 'AIBE or SBE subcontractor for the original MBE, WBE or SBE to meet its MBE, WBE or. SB EI contractual commitment. Its Good Faith Efforts shall be directed at finding another MIR, WBE or S111'," to perform or provide at least the same amount of work, material or service under the contract as the original MBE, WBE or SBE to the extent necessary to meet its MBE, WBE or SBE contractual commitment. (v) The Prime Contractor must submit a MBE, WWII or SBE Subcontractor's Letter ofIntent for each proposed new MBE, WBI',," or SBE subcontractor. (vi) The Achninistrator will approve or disapprove the substitution based on the Prime Contract(-.Ws documented compliance with these provisions. (h) In [lie event a, Prime Contractor fails to achieve the level of MBL', WBE or SBE participation described in its Utilization Plan as the result ofthe District's deletion of the work to be performed by, a MM", WBE or SBE, the Prime Contractor shall notify the Administrator in writing and may request an amendment of`its Utilization Plan, A letter of release signed by the subcontractor must be included with the request,. 0) In the event a Prime Contractor, in the performance of its contract, determines that the cc)ndifions of the work warrant as reduction in the scope of work to be performed by as MBE, BE or SBE the Prime Contractor must Utilize Good Faith Efforts to fulfill its MBE, NA1131", or SBE contractual commitment, 'The Prime Contractor most notify the Administrator in writing within 14 calendar days of the determination to request an amendment of its Utili/ittion Plan, The prime Contractor must give the NMI,', WBE or SBE notice in writing, with a copy to the Administrator, of its intent to request to reduce the scope of work, and the detailed reasons for the request, The Administrator will approve or disapprove the reduction based on the Prime Contractor's documented compliance with these provisions, ()) Where contract change orders are made individually or in tile aggregate that increase the total value of the contract by more than ten percent (10%) of the original contract value, the Bid Book Page 270 Prime Contractor shall increase the utilization of all MBEs, WBEs or BE where feasible, so that the total value of the percentage of work performed by MBEs, WBEs or SBEs as to increased contract value bears the same relationship to the total value of the contract (as modified by change orders) as the percentage of MBEs, WBPs or SBE s utilization committed to in the contractor's original Utili7ation Plan. &clion .15, Sanctions for Non-Compliance (a) Where the Administrator believes that the Prime Contractor or subcontractor has committed fraud or misrepresentation against the District or has failed to comply with this Ordinance or its contract, or provided false or fraudulent documentation, the Administrator shall notify the Prime Contractor and/or subcontractor in writing of such determination of noncompliance and withhold tip to one hundred percent (100%) of the current progress or final payment due tile Prime Contractor for tip to 90 days. The amount to be withheld shall be based upon a determination of the degree to which the Prime Contractor has failed to meet its MBE, WBE or SBE contractual commitments and to what extent the Prime Contractor has made Good Faith Efforts to achieve such commitments. The Prime Contractor and/or subcontractor shall have the right to meet with the Administrator within 10 calendar days of receipt of the notice. After conference and conciliation, the Administrator will determine whether tile Prime Contractor and/or subcontractor is in compliance. (b) If the Administrator determines the Prime Contractor and/or subcontractor is not in compliance and the violation cannot be resolved by conference and conciliation, tile Administrator shall refer the matter to the Executive Director and the Executive Director may return the referral to the Administrator with direction or may direct the Prime Contractor and/or subcontractor to show cause on a date certain why further sanctions should not be imposed. (i) The Prime Contractor or subcontractor shall have 15 calendar days after receipt of the show cause notice within which to file a response in writing with the Administrator. A hearing before a duly appointed Hearing Officer shall be convened to provide the contractor and/or subcontractor an opportunity to be heard with respect to the non-compliance. Within 30 calendar days after the Executive Director's referral,the Hearing Officer shall schedule a hearing to be held within 30 calendar days of receipt of the referral for hearing at which the District, the contractor and/or subcontractor may present evidence of the purported violation and/or the absence thereof. The District will carry the burden of proof by a preponderance of the evidence. The Prime Contractor and/or subcontractor may present additional evidence and witnesses to show cause why sanctions should not be imposed. An official record will be kept with the Clerk of'the District, All filings by the District or the respondents should be made with the Clerk of the District, with courtesy copies going to the parties and the Hearing Officer. (ii) The Hearing Officer shall conduct such show cause hearings involving the Ordinance and shall render findings of fact, conclusions of law and recommendations regarding disposition of the hearings. Procedures and rules governing the show cause hearings will be adopted by the Board of Commissioners. The I learing Officer will not become co-cotitisel with any attorneys appearing before him/her at any time during the hearing. (iii) All Show Cause Hearings must be conducted on the record and all testimony must be tinder oath and transcribed verbatim by a court reporter. All parties shall be given the opportunity to present and respond to evidence, The Hearing Officer shall conduct a fair hearing and maintain order and shall abide by the Judicial Canons of Ethics enacted by the Illinois Supreme Court. D-20 Bid Book Page 271 (iv) Within 30 calendar days after the hearing with the Prime Contractor and/or subcontractor, the I learing Officer shall issue in writing to the Executive Director his/her written findings of tact, conclusions of law as to cornpliatice and recornmendations with respect to any ,apropriate sanctions. The Executive Director shall transmit the Hearing Officer's findings, p conclusions and recommendations to the Board of Commissioners which may impose sanctions I'L)r a Prime Contractor's and/or subcontractor's noncompliance with this Ordinance including, but riot limited to: (I) Withholding up to fifty percent (50%) ofthe current progress or final payment due the contractor until the Administrator determines that the contractor is in compliance. Following the withholding Of LIP to fifty percent (50%) of the current progress payment, up to one hundred percent 000%) offurther progress payments may be withfield until the contractor is 60LInd to he in compliance with the requirements of this Ordinance. The amount to be withheld will be based upon a determination of the degree to which the Prii-ne Contractor has failed to triect its ME,", WBE or 5131contractual commitments and to what extent the Prime Contractor has made good faith eff'orts to achieve such conimitinerits, (2) Declaring the Prime Contractor and/or subcontractor to be non- responsible and disqualify/debar the Prime Contractor and/or subcontractor from eligibility to bid on District construction contracts for a period of riot less (Iran one (1) year, and not more than three (3) years, An entity that is disqUalifted pursuant to the provisions of this Ordinance shall be precluded from participation on any District contract as a Prime Contractor, subcontractor and supplier for the period of disqualification, In cases of the use of false documentation, the making of false statements, fraud or misrepresentation, the disqualification period will be riot less than eighteen ('18) months, and not more than three (3) years I'm the second violation of the Ordinance and riot less than twenty-four (24) months and riot more than three (3) years for the third violation of tire Ordinance front the date (if disqualification established in the Board Order, (3) lZejecting bids by the Prime Contractor for other contract(s) not yet awarded to that Bidder in instances of the use of l'alse documentation, the making of false statements, Fraud or rnisrepresentation, (4) For any MBE, WBE or SB EI that has misrepresented its MBE', WBE or SBE status and/or failed to operate as an independent business concern performing a Cori itnercial ly L-Iseffil Function, declaring by the Director that the MBE, NATE or SBE ineligible lo participate as as MBE, W1311"' or SBE' in District contracts, A firm that has been declared ineligible may riot participate as a MBE, W13E or 513l", for a period of not less than one (1) year ,aid not more than three (3) years. (5) l'orfeiting and deducting from the Prime Contractor's progress or final paynients under the contract an amount up to the dollar amount of its MBE, WB E goal commitment that the contractor has failed to meet. The amount to be deducted will be based upon a determination of the extent tci which the Prime Contractor made Good Faith Efforts to achieve SLICh commitments. (6) Deferring the Matter to the Office of the Attorney General or Cook COU11t)l State's Attorney for follow-up action, (c) The Administrator and Director will take action to prevent a contract from being awarded to a Prime Contractor or first-tier subcontractor disqualified from bidding hereunder for the period of disqualification, (d) J'he District's attorneys' fees and costs will be assessed against the Prime Contractor and/or subcontractor where tire Hearing Officer makes a finding that the Prime D-21 Bid Book Page 272 Contractor or subcontractor used false documentation, made false statements, or committed fraud or misrepresentation. (e) Notice of sanctions imposed by the Board of Commissioners for violations of the Ordinance by the Prince Contractor, subcontractor and/or supplier will be spread upon the public record by the District, including but not limited to publication in the Record of Proceedings of the Board of"Commissioners, posting on the District's web site, publication in any type of media, newspaper publication and direct notice by letter to governmental entities. (f) Any sanctions imposed against an entity shall also apply personally to all officers and directors of the entity or partners of the entity, and their successors and assigns with knowledge of the acts and omissions that give rise to the sanctions against the entity. (g) The District may take other action, as appropriate, within the discretion of the Administrator, subject to the approval of the Hearing Officer and the Board of Commissioners. Section 16. Other Federal Regulations The provisions of this Ordinance shall not apply to any contract to the extent that different procedures or standards are required by any law or regulation of the United States and nothing herein shall be interpreted to diminish or supplant the present Equal Employment Opportunity Requirements contained in Appendices B, C, G, and I of Grant funded contracts or Appendix C of non-Grant funded contracts. Section 17. Reporting and Review The Board of Commissioners directs the District staff to report to the Board of Commissioners on an annual basis with respect to the following: (a) The level of BE, WBE or SBE participation achieved in each year it) District construction contracts subject to Appendix D. (b) Identification of any problems with the enforcement of Appendix D; and (c) Any recommendations with respect to improving the implementation of Appendix 1). &ction 18, Sunset Provision 'chis Appendix D shall be reviewed no later than five years from its adoption and shall expire on June 4, 2020 unless the District finds that its remedial purposes have not been fully achieved and that there is a compelling interest in continuing to implement narrowly tailored remedies to redress discrimination against MBEs and WBEs so that the District will not function as a passive participant in a discriminatory market in the Metropolitan Chicago construction industry. &cfion 19, Repeal of Prior Inconsistent Provisions All enactments and provisions heretofore adopted by this Board of Commissioners in the area of affirmative action in connection with construction contracts subject to this Ordinance that are inconsistent with the provisions of this Ordinance are hereby expressly repeated. D-22 Bid Book Page 273 Sectiori 20. Sever-ability If any clause, sentence, paragraph, section or part of this Ordinance shall be adjUdged by Mly COUrt Of' COMI)etCrIt jUrisdiction to be invalid, the judgruent shall not affect, impair or invalidate the remainder thereof, but shall be confiried in its operation to the clause, sentence, jx,tragraph, section or part of this Orditiance directly involved in the controversy in which the judgi-nent shall 1mve been rendered, Section 21, Effective Dates This wriendment to revised Appendix 1) shall be effective wid apply to all bids for ckmtracts advertised antler JUne, 4, 2015, wm T, )A.� Brata Mariyan, Board ofConimissioners of the Metropolitan Water Reclatmation District of'Greater Chicago Approved as to form and legality: Head Assistant Attorney -9 General Counsel D .2 3 Bid Book Page 274 EXHIBIT 5 METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO MBE, WBE, SBE UTILIZATION PLAN For Local and Small business entities - Definitions for terms used below can be found in Appendix D: MBE - Section 5(s); WBE - Section 5(cc); SRE - Section 5(w). NOTE: The Bidder shall submit with the Bid, originals or facsimile copies of all NIBE, WBE, SBE Subcontractor's Letter of Intent furnished to all MBEs, WBEs, and SBEs. IF A BIDDER FAILS TO INCLUDE signed copies of the MBE, WBE, SBE Utilization Plan and all signed MBE, WBE, SBE Subcontractor's Letter of Intent with its bid, said bid will be deemed nonresponsive and rejected. All Bidders must sign the signature page UP-5 of the Utilization i Plan, even if a waiver s requested. Nanie of'Bidder: Contract No.: Affirmative Action Contact& Phone No.: E-Mail Address: Total Bid: MBE, WBE, SBE UTILIZATION PLAN AND ALL SIGNED MBE, WBE, SBE SUBCONTRACTOR'S LETTER OF INTENT MUST BE COMPLETED, SIGNED AND ACCOMPANY YOUR BIM! Bid Book Page 275 11W bidder ShOUld indicate on the Utilintion Man explicitly if the dollar amounts tor the NIBE participation will also be counted toward the aellievemel it of,rt;SFIE,parocipation, See Affirmative Action Ordinance,Revised Appen(I ix D, Schon 11,Counting MBE,W13F:acid SBI parficipat"m towards Contract Goals,(a)(b)(c) MBE UTHAZATION Name ofM131:and Contact persou: ......... Business Phone NUIlibet: Imail Address: Address: Description ol'Work,Services or-Supplies to be provided: ...... CON FRACI ITEM W: 111.......... ....................... ....................... Yotal Dolkir Airl(All'It NI'ticipation: if the MBL will be coliwed towards'the achrevement of the SBI-goal please indicate here: The M14L.\VIWSBF Utilil'ation VUl and the N1131"WK,SBE Subcontractor's Letter OfIrtlem MUS F Accompan) the Bid! MBF UTILIZA rION Name of'.MWand contact person: ...... Business Phone Nurnbm .......... Emad Address: Address� Desmpnon of Work.Services or Supplies to be provided,- ——------- ...... . ...........___............... ...................................... CONTRACI ITEM NO.: Foull Dollar,Anioum Participation- ...... 11 the MBE pamcipanon wilt be coame(j lowar(ls tlie achievement and SBF goal please indicate herea ❑ YES No awill NIRE UTILIZATION Name ol'NIM.,and contact persoiv Business Phone Numbm .......... I'mail Address: Addrcss� Description of Work. Services,or Supplies to be provided ........ ................ ......................... ................. CON I RM F FT EM N 0, 'lotat DoHar Aniount Participanory Ifilw M3 paruvipanon Will hC COLMMI towards the acNevemm o1 dhe SfIL goal please indicate hele� YES No (Altach addolonal sheens as needed) Bid Book Page 276 The bidder should indicate on the Utilization Plan explicitly if the dollar aniounts for the Wrif,, participation will also be counted toward the achievement of its SBE participation, See Affirmative Action Ordinance, Revised Appendix D, Section 11,Counting MBF, WBE and SBE Participation towards Contract Goals.(a)(b)(c) WBE UTILIZATION Narne of WBE and contact person: Business Phone Number:,._....... ----1— Email Address: Address: Description of Work,Services or Supplies to be provided: CONTRACT ITEM NO:----- Total Dollar Amount Participation: If the WBE participation will be counted towards the achievement of the S13F goal please indicate here: ❑ rl YES NO .......... ............... ..................... 'File M13L.\VIII.-sllLUtili/ofion plan link]file WilL,SBF Subcontractor's Letter of,Intent NIUSI Acconipan� the Bid! WBE UJILIZAnON Name of WBE and contact person: Business Phone Number: ---- Email Address: ----- Address: Description of Work,Services or Supplies to be provided: CON TRACI'ITEM NO.: Total Dollar Arnount participation:........ If the WBE participation will be counted towards the achievement of the SB 'goal please indicate here: ❑ rl YES NO "I'lic M13F.W131".S13F I�lili/afilal plan and tile MRFI.WBF.SBF�Subcoruriictor',�I ctter ol'Inient Nit,ST Aceoiupan�tile Bid' WBE UTILIZATION Nance of W13E and contact person: Business Phone Number: Email Address; Address: ......... Description of Work,Services or Supplies to be provided: CONTRACT ITEM NO,: Total Dollar Amount Participation: If the WBE participation will be counted toward.,,the ❑ achievement of the SBE goal please indicate here: El YES NO fhe MBL N\13L S13L Unilizalion Planand the\1131-' k\43F,SBL.Subcolltraclor,�Lciler(it,Intent MUS]"Acconlpall�tile Bid! (Attach additional sheets as needed) Bid Book Page 277 SRE UTILIZATION Name ot'S13F and contact person: Business Phone Nurnbm —,....... ------ f"Anail Address: Address: Description of'Work,Services or Supplies to be provided: ................ --- —-------------— ...... .......... ........................... CONTRACT ITEM No.: --- Fowl Dollar Amount participation: .......... SBE UTILIZATION Nanus of S13F ujjd contact persrul: Busyness Phone Number: Firwil Address: Address: Description of'Work,Services or Supplies to be provided . ..... ........... ...........—-—------ ("ON)RACTFIFFM No ,: -- ----—-------- Total Dollar AMOUni Par-ticipation: 11 F-SRF U6 Ii/m ik m PkIlIzInd the\1 13 F.NVIIF�S 11 F Subcontraclor',�Leuer o I*h itou NI U S F Accon ipmi�the Bid SRE UTILIZATION Name N ,ol'SBE and cow.,Act person: ................ Business Phone Number: LmA Address. Addres,s, Description of'Work,Semces or Supphes to be provided: ....................... ............. . ............. .....-- —---------............ ...... .................. CONTRACI HEM Tclal DoHar Amoum Pirficipanom! ...... (Amwh:,Odmomsl sheets as needed) Bid Book Page 278 SIGNATURE SECTION On Behalf of I/We hereby acknowledge that (naine ofcompany) ME have read Revised Appendix D, will comply with the provisions of Revised Appendix D,and intend to use the MBEs, WB s,and SBEs listed above in the performance of this contract and/or have completed the Waiver Request Form, To the best of my knowledge, information and belief, the facts and representations contained in this Exhibit are true,and no material facts have been omitted. I do solemnly declare and affirin Linder penalties of perjury that the contents of the foregoing document are true and correct, and that I arri authorized, on behalf of the bidder, to make this affidavit. Date Signature oj'Authorized qfficer ATTEST: Print name and title Secretaty Phone nuniber ))The Bidder is required to sign and execute dlis page, EVEN IF A WAIVER IS BEING REQUESTED. 2)Failure to do so will result in a nonresponsive bid and rdection of the bid. 3)If a waiver is requested, the bidder must also complete the following "WAIVER REQUEST FORM.9� M; Bid Book Page 279 L'agg �Aijentjoj najy ........... Left Blank Bid Book Page 280 WAIVER REQUEST FORM If a waiver is requested, the Bidder is required to sign and execute this page. Contract No. : Name of Bidder: Contact Person and Phone NUMber: With respect to the contract specified above, the Bidder hereby requests a totai or par'ti-al waiver of the requirement that, pursuant T-o Section 12 (a) - (d) of the Affirniative Action Ordinance, Revised Appendix D, it, files a MBF.,, WBE, SBE Utilization Plan or achieve a particular goal for MBE, WBE, SBE participation in the contrarft. The reasons for the request are as follows: On Behalf of I/We hereby acknowledge that (name of company) VWE have read Affirmative Action Ordinance,Revised Appendix D,will comply with the provisions of Affirmative Action Ordinance, Revised Appendix D, and intend to use the MBEs, WBEs, and SBEs listed in the MBE, WBE, SBE Utilization Plan in the performance of this contract and have completed the Waiver Request Form. To the best of my knowledge, information and belief', the facts and representations contained in this Waiver Request Form are true,and no material facts have been omitted. I do solemnly declare and affinn under penalties of perjury that the contents of the foregoing document are true and correct,and that I am authorized,on behalf of the contractor,to make this affidavit. Dole Signature olAuthorized officer ATTEST: Print nante and title Setwetaiy ............................... num1wr NOTE TO BIDDERS All Waiver requests are evaluated carefully by the District . The evaluation is based on your firm' s documented GOOD FAITH EFFORTS. The GOOD FAITH EFFORTS MUST be Undertaken PRIOR to your bid submittal to the District. Good Faith Efforts are identified on pp. D15—D16, Section 12 . Utilization Plan Submission (e) , (i) (i) — (xi) . Bid Book Page 281 fla,L),,e Intentionally Left Blank Bid Book Page 282 MBE, WBE, SBE SUBCONTRACTOR'S LETTER OF INTENT To: (Name of Bidder) ........... and the MWRDG'C RE: Contract Name: (Insert Name) Contract Number: (Insert Nuinber) __ . ..... ------- From: (Name of MBE114BEISBE Firm) MBE: Yes No WBE: Yes No SBE: Yes No The MBE/WBE status of the undersigned is confirmed by the rittTached letter of Certification. A certification letter must be attached hereto. The undersigned is prepared to provide the following described services or supply the fo] ],cwing described goods in connection with the above named project/contract : ------------- .......................-...... ........... ............. ..............- ................ "if more space is needed to fully describe the MBE/WBE/SBE firms' proposed scope of work and/or payments schedule, at additional. sheets. The above descri-bed performance is offered for Lhe fol ➢owinq total price: $ ----- .......... (Written in Figures) (Written in Words) In the favent of a discrepancy between the "Written in Words" price and the "Written in Figures" price, the "Written in Words" price shall govern." The undersigned will. enter into a formal written agreement for- the above work with the Prime Contractor, conditioned upon the execution of a cont.ract- by the Prime contractor with the MWRDGC. ..............------ (Signature of Owner, President or Authorized Agent of MBE/W.BE/SBE) Date. .......... .................. THIS SIGNED DOCUMENT MUST BE SUBMITTED WITH THE BID . FAILURE TO DO SO WILL RESULT IN A NONRESPONSIVE BID AND REJECTION OF THE BID . Alt bidders shall Submit with the Bid, copies of MBE, WBE, SBE Subcontractor's Letter of Intent in paper form with signatures, which were furnished to cacti MBE, WBE, and SBE listed in its MBE,WBE, SBE Utilization Plan and must be Submitted to the District with its bid as part of its bid packet with either a copy of each MBI;,WBE,and S13E current Letter of Certification from a state or local government or agency or documentation demonstrating that the MBE, WBE, SBE is a MBE, WBE or SBE within the meaning of this Revised Appendix D. Failure to submit the MBE, WBE, SBE Subcontractor's Letter of Intent signed by each MBE, WBE, SBE subcontractor will be viewed as nonresponsive and the bid will be rejected. All MBE, WBE, SBE Subcontractor's Letter of Intent must conform to the MBE, WBE, SBE Utilization ])]an submitted with the bid. An original or facsimile copy of MBE, WBE,SBE Subcontractor's Letter of Intent will be acceptable. Hie N I BF.\\lik,S131t'I i I i/aiioii Nall alld t1w M BE,WB I,SH I,Stibcontme I or's Lettero I'Intml MUS V Acomipaii) 1110 Bi d! Bid Book Page 283 EX-RIB' 'IT6 APPENDIX N/ VETERAN-OWNI'll) BUSl'NESS ENTFRPRISF I ONTRACTIN(i POLICY REQUIREMLINTS ,.S'ection /. Put-pose The purpose of this policy is to increase contracting opportunities with the Metropolitan Water Reclamation District of'Greater Chicago fior veteran-owned and operated small business enterprises, Seclion 2. Definitions (a) "Elligible Veteran"rneans ata individual who has been as member of the armed fiorces of the United States and served for a total oCat least six motiths,or For the duration of hostilities regardless of the length of engagement, and a. was discharged on the basis ofhardship; or b. was released from active duty because of a service connected(lisability,- or c. was discharged under honorable conditions Former members of the military with the ftfllowing type ot'discharges are excluded frorn the District's Veteran-owned BUSiTICSS f!"nterprise Contracting Policy: a. dishonorably discharged; or b. bad COUICILIct discharge; or c, genct-,ildi,,cliai-geiiiiderothet--tliaii-lir,)ji(ri-�tl)lecoiiditioiis (b) Good Faith Ffforts" ineans those honest, fair and commercially reasonable actions Undertakcri by a construction contractor or professional services COuSidtant to Ineet the VBE goal, which by their-scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the Policy's goals. (C) "Participating, Business"means a business located within 1111C Counties of C'ook, DUPage, Kane, Lake, McHenry or Will in the State of Illinois or Lake C I ounty in the State of`Indiana Which has tile, tn,�pority of its regular full-time work force located in this region and/or a business which has been [,)faced on the District's vendor list and/or has bid or sought District contracts) for construction or profcssional services Nvork, (d) "Small Business Enterprise" (Sl3f,") in this Appendix has the meaning consistent with Appendix D J*or construction contracts or Appendix A Cor professional services contracts, as applicable, (e) "Veleran-owned Business Enterprise" (V13E)means both a small business enterprise and participating business, including a sole proprietorship, partnership, corporation, limited liability company,joint venture or any other business or professional entity which is at least fifty-one(5 1 1%s)directly and unconditionally owned by one or more eligible veterans, or, in the case of publicly held corporation, at least filly-one(5 1"'0 of the stock which is owned by one or more eligible veterans, and whose control and management of the business including long-term goals for the company as well as day,-to-day operations are controlled by one or more eligible veterans, Bid Book Page 284 Section 3. Certification Eligibility (a) Only a firm owned by an Eligible Veteran(s)may be certified as a VBE. (i) Ownership by one or more Eligible Veterans must be direct ownership. (ii) A business or professional enterprise owned principally by another business entity that is in turn owned and controlled by one or more veterans would not qualify. (b) Only a firm that is managed and controlled by an Eligible Veteran(s) may be certified as a VBE. (c) For the purposes of this policy, there is no distinction between service-disabled(SDVBE) and non-service disabled veteran-owned businesses. Section 4. Contract Goals (a) The standard participation goal for VBEs is three-percent(3%), unless otherwise specified in the Invitation to Bid. The participation goals are applicable to District contracts where the estimated total expenditure is in excess of Sl 00,000,00, or in a lesser arnount as authorized by the Board of Commissioners, (b) VBE goals are separate from the Minority Business Enterprise (MBE), Women's Business Enterprise(WBE), and Small Business Enterprise(SBE)goals. (c) VBE contract goals will only be applied to a contract when there are at least two (2) qualified VBE contractors or professional services consultants registered on the District's vendor list to perform the anticipated subcontracting functions of the contract. (d) VBE goals are separate from Minority-owned Business Enterprise (MBE), Women-owned Business Enterprise (WBE) and Small Business Enterprise (SBE) goals, An Eligible Veteran who is also an MBE, WBE, or SBE may be dual-utilized to fulfill both goals. However-, the three-percent (3%) VBE goal must be accomplished in addition to the M/W/SBE goals set forth in a contract. Section S. Good Faith Efforts The Contractor must undertake "Good Faith Efforts" to ensure that qualified VBE firrns are utilized in the performance of the contract and provide maximum opportunities for VBE participation, notwithstanding the fact that the Contractor may have the capability to complete the project without the use of subcontractors. Section 6. VBE Commitment Form Submission Complete the VBE COMMITMENT FORM. (a) Provide the names, contact information and qualifications for the prospective VBE firms that you plan to use. Delineate the various anticipated categories and/or disciplines of work/services to be provided by VBE firms. Bid Book Page 285 (b) Sunimarize Contractor's or ConAdtant's commitment tcx comply with the VBE goals regarding this project. (c) Where a Contractor or('011SUltant is a business owned and controlled by a VBF or where the Contractor or Consultant utilises a VBF' in as joint venture or as a Subcontractor, a Contrar cto or Consultant may count toward the achievement of"its VBE goals the utilization of any V13E that also satisfies the definition ofaSKI', as set forth in the Revised Appcndix D or Appendix A, as applicable to construction or professional services contracts. See�,,Iion 7, Effective Date This Policy is effective on January 1, 2019, and applies only to qualifying contracts advertised after the effective date, R DBAITC/HS/ps Adopted by Order of the Board November 15,2019 Bid Book Page 286 EXHIBIT 7 VBE COMMITMENT FORM I. Name of VIM Identity MBE,WBE,SBE Status: Address: City,State,Zip Code: Contact Person: Telephone Number: entail Address: Dollar Amount of Participation: $ Percent of Participation: % Scope of Work: 2. Name of VBE: Identify MBE,WBE,SBE Status: Address: City,State Zip Code: Contact Person: Telephone Number: entail Address: Dollar Amount of Participation: S Percent of Participation: % Scope of Work: 3. Name of VBE: Identify MBE,WBE,SBE Status: Address: City,State Zip Code: Contact Person, Telephone Number: eMail Address: Dollar Amount of Participation: S Percent of Participation: %) Scope of Work: 4. Name of VBE: Identify MBE,WBE,SBE Status: Address: City,State,Zip Code: Contact Person- Telephone Number: entail.Address: Dollar Amount of Participation: $ Percent of Participation: % Scope of Work: Attach a copy of qualifications for each VBF firm Bid Book Page 287 EXIHMIT 8 AFFIDAVIT- AFFIRMATIVE ACTION STATUS REPORT Notice,- This report is required to be submitted at 25%,50%, 75%, and 100% completion of construction. Contract Fide: Contract Number ..............—----- ........................ ------- -—---- Prime Contractor's Name: Prime's Contact Narne: ...........-. .......... Estimated Completion Date: ......... . ...... Prime's Contact Phone lf� ....... ............... .................... ... Status Report No.: 2511,/0 - 5W/0 75 W,/0 % - I 0 In connection with the above-u'iptioned contra& For each MBE, W131-, and SBE subcontractor, including third ficr contracts awarded by your MBE/WBE/SBF coniparry, describe the work or goods or services provided in relation to this contract (indicate line items, if applicable) performed during the report period. .............. ............ VIBE.WIRE,and SBE.Subcontractor MBE/WBE AMOUNT OFCONTRAC'T AMOUNTPAID TO DATE SHE ............. ................... ................ ................. DESCRIPTION OJF WORK/SERVICES AND/OR GOODS PROVIDED. 13E LSPHIFIC. - —-------------............ ....... ................. --------........... /NVBV AMOUNT' - –-------- ............... ....................... MIT,WBE,and SHE Subcontractor MBF, TOFCONTRACT ANIOUNTPAIDTO DATE —--— ------------ —-----...... S B E DF.'SCRIFFION OF WMK/SERVICES AND/OR GOODS PR0VfDFD, BY'll SPECIFIC .......... ----------- ........... ----------- .................. -—-------- ...... .......................... ........... ------.......... ...... ...... M10",NVIRE,and Slit,Subcontractor MBE WRIF AMOUNTOF'CONTRACT ANlOUN'l'PAlD'F6-T)lVrE' ...................... ....... ................ ............. .............. ........ DESCRIFFION OF WORK('SERVICI ES AND/OR GOODS PROVIDED. BE SPEC 11-1 .......... Bid Book Page 288 Pyrle2 of 2 MBE,WBE,and SBE Subcontractor MBE/WBE AMOUNT OF CONTRACT AMOUNT PAID TO DATE SBE --b—ESC—.RIPTION OF WORK/SERVICES AND/OR GOODS PROVIDED. BE SPECIFIC. MBE,WBE,and SBE Subcontractor MBE/WBE, AMOUNT OF CONTRACT AMOUNT PAID T0 DATE SBE DESCRIPTION OF WORK/SERVICES AND/OR GOODS PROVIDED. BE SPECIFIC. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS DOCUMENT ARE TRUE AND CORRECT,AND THAT I AM AUTHORIZED TO MAKE THIS AFFIDAVIT. I CERTIFY THAT TuE ABOVE NAMED FIRMS WERE AWARDED CONTRACT(S), PERFORMED THE WORK WITH THEIR OWN FORCES,AMOUNTS LISTED ARE ACCURATE AND PAYMENTS WERE MADE IN ACCORDANCE WITH CONTRACTUAL OBLIGATIONS. CANCELLED CHECKS AND/OR SUPPORTING INFORMATION WILL BE ON FILE FOR INSPECTION OR AUDIT. Name of Affiant: Title: ...... -—------ Signature: 6ignature of Affiant) Date: .............. State of' County(City) of This instrument was SUBSCRIBED and SWORN TO before me on...... signature of Notary Public Bid Book Page 289 ............. ...... .................. ......... ... -, - —.—....................... ............................ EXHIBIT 9 EXHIBIT 9:VILLAGE OF MOUNT PROSPECT OPERATIONS AND MAINTENNACE PLAN Burning Bush Trails Park Stormwater Improvements Operation and Maintenance Plan The Burning Bush Trails Park Stormwater Improvements Project includes construction of a 13.4 acre-feet detention storage area and a 54" diameter storm sewer to connect the detention area to an existing Village of Mount Prospect-owned storm sewer system tributary to the Des Plaines River via Levee 37 Pump Station 1, The purpose of the project is to reduce street and residential flooding in the adjacent neighborhood, The Burning Bush Trails Park detention area and storm sewer system is a passive system with no mechanical components.There is no operational plan, Maintenance: The following maintenance activities shall occur on an annual basis, unless otherwise indicated: a. Village staff shall open manhole lids in the system and perform a visual inspection of the storm sewer to check the condition of the manhole structures and look for excessive debris. If excessive debris or siltation is noted, the sewer shall be cleaned to maintain required capacity. b, Village staff shall perform visual inspections to check for erosion in the detention area. c. Village staff will also inspect detention area inflow structures, outflow structures, and underdrain systems for any blockages, failures,or obstructions.Any blockages shall be removed, and erosion shall be appropriately addressed. cl. Whenever possible, Village staff shall check the condition of street inlets in the storm sewer system tributary to the improvements. Residents should be encouraged to keep inlets free of leaves, yard waste, debris, etc. The 'Village shall coordinate annual inspections with the Metropolitan Water Reclamation District of Greater Chicago (MWRDGC) in accordance with the intergovernmental agreement by and between the Village and MWRDGC, ................ .......................---------- .......... ................................. Bid Book Page 290 Illinois Department of Transportation Storm Water Pollution Prevention Plan Route Levee 37: Burning Bush Trails Park Marked Rte. Section Interior Drainage Improvement Project Project No. County Cook Contract No. This plan has been prepared to comply with the provisions of the National Pollutant Discharge Elimination System (NPDES) Permit No. ILR10 (Permit ILR10), issued by the Illinois Environmental Protection Agency (IEPA) for storm water discharges from construction site activities. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Print Name Signature Title Date Village of Mount Prospect Agency Note: Guidance on preparing each section of BDE 2342 can be found in Chapter 41 of the IDOT Bureau of Design and Environment Manual. Chapter 41 and this form also reference the IDOT Drainage Manual which should be readily available. I. Site Description: A. Provide a description of the project location (include latitude and longitude, Section, Town, and Range): General project limit are the north side and east side of Burning Bush Trials Park and on Lama Ln from park to Tano Ln, T42N-R11 E-Sec25 Lat 42.088495, Long 87.896000 1313 N Burning Bush Ln, Mount Prospect, IL Provide a description of the construction activity which is the subject of this plan. Include the number of construction B. stages, drainage improvements, in-stream work, installation, maintenance, removal of erosion measures, and permanent stabilization: Excavation of 4 acres of open grassy park to create a stormwater flood detention basin. Install 1100 feet of 54" dia storm sewer along roadway centerline and patch roadway. C. Provide the estimated duration of this project: 9 months. D. The total area of the construction site is estimated to be 6.5 acres. The total area of the site estimated to be disturbed by excavation, grading or other activities is 5_1 acres. E. The following are weighted averages of the runoff coefficient for this project before and after construction activities are completed (See Section 4-102 of the IDOT Drainage Manual): 0.50 before, 0.05 after. F. List all soils found within project boundaries. Include map unit name, slope information, and erosivity: 152A. Drummer silty clay loam, 0 to 2 percent slopes. 802E Orthens, loamy, undulating. The site has slopes generally at 7:1 or flatter and no slope steeper than 4:1 (with length less than 20'). G. If wetlands were delineated for this project, provide an extent of wetland acreage at the site (See Phase I report): There are no wetlands within or abutting the site. Printed 5/30/2019 Page 1 of 9 BDE 2342(Rev.01/15/19) Bid Book Page 291 H. Provide a description of potentially erosive areas associated with this project: Areas where disturbance results in exposed soil. At a minimum, these areas along with the rest of the I. The following is a description of soil disturbing activities by stages, their locations, and their erosive factors (e.g., steepness of slopes, length of slopes, etc.): First Stage. Build storm sewer. Soil disturbance activities: excavate for storm sewer, pavement/earth removal. Second Stage. Build detention basin storm sewer inlet/outlet. Soil disturbance activities: excavate for storm sewer, excavate basin, install temp seeding/hydromulch. Third Stage. Install park ammenities, install permanent seeding. J. See the erosion control plans and/or drainage plans for this contract for information regarding drainage patterns, approximate slopes anticipated before and after major grading activities, locations where vehicles enter or exit the site and controls to prevent offsite sediment tracking (to be added after contractor identifies locations), areas of soil disturbance, the location of major structural and non-structural controls identified in the plan, the location of areas where stabilization practices are expected to occur, surface waters(including wetlands)and locations where storm water is discharged to surface water including wetlands. K. Identify who owns the drainage system (municipality or agency)this project will drain into: Village of Mount Prospect L. The following is a list of General NPDES ILR40 permittees within whose reporting jurisdiction this project is located. Village of Mount Prospect M. The following is a list of receiving water(s) and the ultimate receiving water(s) for this site. In addition, include receiving waters that are listed as Biologically Significant Streams by the IDNR. The location of the receiving waters can be found on the erosion and sediment control plans: Des Plaines River N. Describe areas of the site that are to be protected or remain undisturbed. These areas may include steep slopes (i.e., 1:3 or steeper), highly erodible soils, streams, stream buffers, specimen trees, natural vegetation, nature preserves, etc. Include any commitments or requirements to protect adjacent wetlands. For any storm water discharges from construction activities within 50-feet of Waters of the US (except for activities for water-dependent structures authorized by a Section 404 permit, describe: a) How a 50-foot undisturbed natural buffer will be provided between the construction activity and the Waters of the United States, or b) How additional erosion and sediment controls will be provided within that area. There are no Waters of the US within 100' of the site. O. Per the Phase I document, the following sensitive environmental resources are associated with this project and may have the potential to be impacted by the proposed development. Further guidance on these resources is available in Section 41-4 of the BIDE Manual. ❑ 303(d) Listed receiving waters for suspended solids, turbidity, or siltation The name(s)of the listed water body, and identification of all pollutants causing impairment: Provide a description of how erosion and sediment control practices will prevent a discharge of sediment resulting from a storm event equal to or greater than a twenty-five (25)year, twenty-four(24) hour rainfall event: Provide a description of the location(s)of direct discharge from the project site to the 303(d)water body: Provide a description of the location(s)of any dewatering discharges to the MS4 and/or water body: ❑ Applicable Federal, Tribal, State or Local Programs ❑ Floodplain Printed 5/30/2019 Page 2 of 9 BDE 2342(Rev.01/15/19) Bid Book Page 292 ❑ Historic Preservation ❑ Receiving waters with Total Maximum Daily Load (TMDL) for sediment, total suspended solids, turbidity or siltation TMDL (fill out this section if checked above) The name(s)of the listed water body: Provide a description of the erosion and sediment control strategy that will be incorporated into the site design that is consistent with the assumptions and requirements of the TMDL: If a specific numeric waste load allocation has been established that would apply to the project's discharges, provide a description of the necessary steps to meet that allocation: ❑ Threatened and Endangered Species/Illinois Natural Areas (INAI)/Nature Preserves ❑ Other ❑ Wetland P. The following pollutants of concern will be associated with this construction project: ❑ Antifreeze/Coolants ❑ Solid Waste Debris ® Concrete ❑ Solvents ® Concrete Curing Compounds ❑ Waste water from cleaning construction equipment ® Concrete Truck Waste ❑ Other(specify) ❑ Fertilizers/ Pesticides ❑ Other(specify) ❑ Paints ❑ Other(specify) ® Petroleum (gas, diesel, oil, kerosene, ❑ Other(specify) hydraulic oil/fluids) ® Soil Sediment ❑ Other(specify) II. Controls: This section of the plan addresses the controls that will be implemented for each of the major construction activities described in I.C. above and for all use areas, borrow sites, and waste sites. For each measure discussed, the Contractor will be responsible for its implementation as indicated. The Contractor shall provide to the Resident Engineer a plan for the implementation of the measures indicated. The Contractor, and subcontractors, will notify the Resident Engineer of any proposed changes, maintenance, or modifications to keep construction activities compliant with the Permit ILR10. Each such Contractor has signed the required certification on forms which are attached to, and are a part of, this plan: A. Erosion and Sediment Controls: At a minimum, controls must be coordinated, installed and maintained to: 1. Minimize the amount of soil exposed during construction activity; 2. Minimize the disturbance of steep slopes; 3. Maintain natural buffers around surface waters, direct storm water to vegetated areas to increase sediment removal and maximize storm water infiltration, unless infeasible; 4. Minimize soil compaction and, unless infeasible, preserve topsoil. B. Stabilization Practices: Provided below is a description of interim and permanent stabilization practices, including site- specific scheduling of the implementation of the practices. Site plans will ensure that existing vegetation is preserved where attainable and disturbed portions of the site will be stabilized. Stabilization practices may include but are not limited to: temporary seeding, permanent seeding, mulching, geotextiles, sodding, vegetative buffer strips, protection of trees, preservation of mature vegetation, and other appropriate measures. Except as provided below in II(B)(1) and II(B)(2), stabilization measures shall be initiated immediately where construction activities have temporarily or permanently ceased, but in no case more than one (1) day after the construction activity in that portion of the site has temporarily or permanently ceases on all disturbed portions of the site where construction will not occur for a period of fourteen (14)or more calendar days. Printed 5/30/2019 Page 3 of 9 BDE 2342(Rev.01/15/19) Bid Book Page 293 1. Where the initiation of stabilization measures is precluded by snow cover, stabilization measures shall be initiated as soon as practicable. 2. On areas where construction activity has temporarily ceased and will resume after fourteen (14)days, a temporary stabilization method can be used. The following stabilization practices will be used for this project: ® Erosion Control Blanket/ Mulching ❑ Temporary Turf(Seeding, Class 7) ® Geotextiles ® Temporary Mulching ® Permanent Seeding ❑ Vegetated Buffer Strips ® Preservation of Mature Vegetation ❑ Other(specify) ® Protection of Trees ❑ Other(specify) ❑ Sodding ❑ Other(specify) ® Temporary Erosion Control Seeding ❑ Other(specify) Describe how the stabilization practices listed above will be utilized during construction: Vegitation disturbance shall be limited to the area necessary to complete the work. Temporary or permanent erosion controls will be installed at the frequency described above. Disturbed soil shall be inspected until permanent stabilization is achieved. Describe how the stabilization practices listed above will be utilized after construction activities have been completed: Once construction activity in an area has bermanently ceased, that area will be permanently stabilized. Temporary controls should be removed after final stabilization of those portions of the site upward of the control. C. Structural Practices: Provided below is a description of structural practices that will be implemented, to the degree attainable, to divert flows from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from exposed areas of the site. Such practices may include but are not limited to: perimeter erosion barrier, earth dikes, drainage swales, sediment traps, ditch checks, subsurface drains, pipe slope drains, level spreaders, storm drain inlet protection, rock outlet protection, reinforced soil retaining systems, gabions, and temporary or permanent sediment basins. The installation of these devices may be subject to Section 404 of the Clean Water Act. The following structural practices will be used for this project: ❑ Aggregate Ditch ® Stabilized Construction Exits ❑ Concrete Revetment Mats ❑ Stabilized Trench Flow ® Dust Suppression ❑ Slope Mattress ® Dewatering Filtering ❑ Slope Walls ❑ Gabions ® Temporary Ditch Check ❑ In-Stream or Wetland Work ❑ Temporary Pipe Slope Drain ❑ Level Spreaders ® Temporary Sediment Basin ❑ Paved Ditch ❑ Temporary Stream Crossing ❑ Permanent Check Dams ❑ Turf Reinforcement Mats ® Perimeter Erosion Barrier ® Other(specify) subsurface drains ❑ Permanent Sediment Basin ® Other(specify) check valve/wiers ® Retaining Walls ❑ Other(specify) ❑ Riprap ❑ Other(specify) ❑ Rock Outlet Protection ❑ Other(specify) ❑ Sediment Trap ❑ Other(specify) ® Storm Drain Inlet Protection ❑ Other(specify) Describe how the structural practices listed above will be utilized during construction: Storm drain inlet protection will be installed prior to ground disturbance, maintained during construction, and removed at Engineer's direction after all soils have been permanently stabilized. Perimeter controls of the site will be installed prior to soil disturbance (excluding soil disturbance necessary to install the controls). Stabilized construction entrance will be installed and maintained as described in the intended sequence of construction activities. Existing storm pipes will be adequately protected as necessary during construction operations. Additional Best Management Practices will be implemented on an as-needed basis to protect water quality. Site will detain stormwater via check valve/wier. Printed 5/30/2019 Page 4 of 9 BDE 2342(Rev.01/15/19) Bid Book Page 294 Describe how the structural practices listed above will be utilized after construction activities have been completed: Once construction activity in an area has permanently ceased, temporary structural practices will be removed after final stabilization of those portions of the site upward of the temporary structural practices. Permanent control measures shall be field verified for proper function and installation during active construction. Site will detain stormwater via check valve/wier. D. Treatment Chemicals Will polymer flocculants or treatment chemicals be utilized on this project: ❑ Yes ® No If yes above, identify where and how polymer flocculants or treatment chemicals will be utilized on this project. E. Permanent(i.e., Post-Construction) Storm Water Management Controls: Provided below is a description of measures that will be installed during the construction process to control volume and pollutants in storm water discharges that will occur after construction operations have been completed. The installation of these devices may be subject to Section 404 of the Clean Water Act. 1. Such practices may include but are not limited to: storm water detention structures (including wet ponds), storm water retention structures,flow attenuation by use of open vegetated swales and natural depressions, infiltration of runoff on site, and sequential systems (which combine several practices). The practices selected for implementation were determined based on the technical guidance in Chapter 41 (Construction Site Storm Water Pollution Control)of the IDOT Bureau of Design and Environment Manual. If practices other than those discussed in Chapter 41 are selected for implementation or if practices are applied to situations different from those covered in Chapter 41, the technical basis for such decisions will be explained below. 2. Velocity dissipation devices will be placed at discharge locations and along the length of any outfall channel as necessary to provide a non-erosive velocity flow from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected (e.g., maintenance of hydrologic conditions such as the hydroperiod and hydrodynamics present prior to the initiation of construction activities). Description of permanent storm water management controls: Vegitation. Site will detain stormwater via check valve/wier. F. Approved State or Local Laws: The management practices, controls and provisions contained in this plan will be in accordance with IDOT specifications, which are at least as protective as the requirements contained in the Illinois Environmental Protection Agency's Illinois Urban Manual. Procedures and requirements specified in applicable sediment and erosion site plans or storm water management plans approved by local officials shall be described or incorporated by reference in the space provided below. Requirements specified in sediment and erosion site plans, site permits, storm water management site plans or site permits approved by local officials that are applicable to protecting surface water resources are, upon submittal of an NOI, to be authorized to discharge under the Permit ILR10 incorporated by reference and are enforceable under this permit even if they are not specifically included in the plan. Description of procedures and requirements specified in applicable sediment and erosion site plans or storm water management plans approved by local officials: Village of Mount Prospect. Metropolitan Water Reclamation District of Greater Chicago. G. Contractor Required Submittals: Prior to conducting any professional services at the site covered by this plan, the Contractor and each subcontractor responsible for compliance with the permit shall submit to the Resident Engineer a Contractor Certification Statement, BDE 2342a. 1. The Contractor shall provide a construction schedule containing an adequate level of detail to show major activities with implementation of pollution prevention BMPs, including the following items: Printed 5/30/2019 Page 5 of 9 BDE 2342(Rev.01/15/19) Bid Book Page 295 • Approximate duration of the project, including each stage of the project • Rainy season, dry season, and winter shutdown dates • Temporary stabilization measures to be employed by contract phases • Mobilization timeframe • Mass clearing and grubbing/roadside clearing dates • Deployment of Erosion Control Practices • Deployment of Sediment Control Practices (including stabilized construction entrances/exits) • Deployment of Construction Site Management Practices (including concrete washout facilities, chemical storage, refueling locations, etc.) • Paving, saw-cutting, and any other pavement related operations • Major planned stockpiling operations • Timeframe for other significant long-term operations or activities that may plan non-storm water discharges such as dewatering, grinding, etc. • Permanent stabilization activities for each area of the project 2. During the pre-construction meeting, the Contractor and each subcontractor shall provide, as an attachment to their signed Contractor Certification Statement, a discussion of how they will comply with the requirements of the permit in regard to the following items and provide a graphical representation showing location and type of BMPs to be used when applicable: • Temporary Ditch Checks - Identify what type and the source of Temporary Ditch Checks that will be installed as part of the project. The installation details will then be included with the SWPPP. • Vehicle Entrances and Exits— Identify type and location of stabilized construction entrances and exits to be used and how they will be maintained. • Material Delivery, Storage and Use — Discuss where and how materials including chemicals, concrete curing compounds, petroleum products, etc. will be stored for this project. • Stockpile Management— Identify the location of both on-site and off-site stockpiles. Discuss what BMPs will be used to prevent pollution of storm water from stockpiles. • Waste Disposal— Discuss methods of waste disposal that will be used for this project. • Spill Prevention and Control— Discuss steps that will be taken in the event of a material spill (chemicals, concrete curing compounds, petroleum, etc.) • Concrete Residuals and Washout Wastes— Discuss the location and type of concrete washout facilities to be used on this project and how they will be signed and maintained. • Litter Management—Discuss how litter will be maintained for this project(education of employees, number of dumpsters, frequency of dumpster pick-up, etc.). • Vehicle and Equipment Fueling— Identify equipment fueling locations for this project and what BMPs will be used to ensure containment and spill prevention. • Vehicle and Equipment Cleaning and Maintenance—Identify where equipment cleaning and maintenance locations for this project and what BMPs will be used to ensure containment and spill prevention. • Dewatering Activities — Identify the controls which will be used during dewatering operations to ensure sediments will not leave the construction site. • Polymer Flocculants and Treatment Chemicals—Identify the use and dosage of treatment chemicals and provide the Resident Engineer with Material Safety Data Sheets. Describe procedures on how the chemicals will be used and identify who will be responsible for the use and application of these chemicals. The selected individual must be trained on the established procedures. • Additional measures indicated in the plan. III. Maintenance: When requested by the Contractor,the Resident Engineer will provide general maintenance guides(e.g., IDOT Erosion and Sediment Control Field Guide) to the Contractor for the practices associated with this project. Describe how all items will be checked for structural integrity, sediment accumulation and functionality. Any damage or undermining shall be repaired immediately. Provide specifics on how repairs will be made. The following additional procedures will be used to maintain, in good and effective operating conditions,the vegetation, erosion and sediment control measures and other protective measures identified in this plan. It will be the Contractor's responsibility to attain maintenance guidelines for any manufactured BMPs which are to be installed and maintained per manufacture's specifications. Stabilized Construction Entrance: The entrances should be maintained to prevent tracking of sediment onto public streets. Maintenance includes top dressing with additional stone and removing top layers of stone and sediment. The sediment tracked onto the public right-of-way should be removed immediately. Printed 5/30/2019 Page 6 of 9 BDE 2342(Rev.01/15/19) Bid Book Page 296 Sediment Filter Bags and Treatment Swales: Sediment filter bags should be installed on pump outlet hoses that discharge off-site, and should be placed in an area that allows for the bag to be removed without producing a sediment discharge. If required, jute and flocculent placed in treatment swales should be monitored for effectiveness, and replaced as needed to maintain a sediment-free storm water discharge. Concrete Washout Area: Existing facilities should be cleaned out, or new facilities should be constructed and operational once the existing washout is 75% full. Washouts should be inspected frequently to ensure that plastic linings (as applicable) are intact and sidewalls have not been damaged by construction activities. When the washout area is adjacent to a paved road, the paved road should be inspected for accumulated concrete waste. Any accumulated concrete waste on the road, curb, or gutter should be removed and disposed of properly. Erosion Control Blanket: The blanket and staples should be inspected frequently and shall be installed to Illinois Urban Manual Drawing Number IL-530, unless otherwise instructed by the manufacturer. Erosion occurring underneath the blanket should be backfilled and seeded with the appropriate seed mix. Additional BMPs may need to be installed to reduce erosion under the blanket. Vegetative Soil Erosion Measures: The vegetative growth of temporary and permanent seeding, vegetative filters, etc., shall be maintained periodically and supplied adequate watering and fertilizer. Reseed as necessary where vegetation establishment is poor. Silt Fence: Silt fences should be inspected regularly for undercutting where the fence meets the ground, overtopping, and tears along the length of the fence. Deficiencies should be repaired immediately. Remove accumulated sediments from the fence base when the sediment reaches one-half the fence height. During final stabilization, properly dispose of any sediment that has accumulated on the silt fence. Alternative BMPs (e.g. staked wattles, run off control, etc.) should be considered for areas where silt fence continually fails. Catch Basin and Inlet Filters: Inlet filters should be inspected for proper filtering. If filter bags are used, remove sediment from the filter bags when 50% percent of the storage volume has been filled, unless otherwise instructed by the manufacturer. Remove trash and debris during inspections. Accumulated material in the filters should be disposed of properly. Do not puncture holes in filters if ponding occurs. IV. Inspections: Qualified personnel shall inspect disturbed areas of the construction site including Borrow, Waste, and Use Areas, which have not yet been finally stabilized, structural control measures, and locations where vehicles and equipment enter and exit the site using IDOT Storm Water Pollution Prevention Plan Erosion Control Inspection Report(BC 2259). Such inspections shall be conducted at least once every seven (7) calendar days and within twenty-four (24) hours of the end of a storm or by the end of the following business or work day that is 0.5 inch or greater or equivalent snowfall. Inspections may be reduced to once per month when construction activities have ceased due to frozen conditions. Weekly inspections will recommence when construction activities are conducted, or if there is 0.5"or greater rain event, or a discharge due to snowmelt occurs. If any violation of the provisions of this plan is identified during the conduct of the construction work covered by this plan, the Resident Engineer shall notify the appropriate IEPA Field Operations Section office by email at: epa.swnoncomp(o)illinois.gov, telephone or fax within twenty-four (24) hours of the incident. The Resident Engineer shall then complete and submit an "Incidence of Non-Compliance" (ION)report for the identified violation within five (5) days of the incident. The Resident Engineer shall use forms provided by IEPA and shall include specific information on the cause of noncompliance, actions which were taken to prevent any further causes of noncompliance, and a statement detailing any environmental impact which may have resulted from the noncompliance. All reports of non- compliance shall be signed by a responsible authority in accordance with Part VI. G of the Permit ILR10. The Incidence of Non-Compliance shall be mailed to the following address: Illinois Environmental Protection Agency Division of Water Pollution Control Attn: Compliance Assurance Section 1021 North Grand East Post Office Box 19276 Springfield, Illinois 62794-9276 V. Failure to Comply: Printed 5/30/2019 Page 7 of 9 BDE 2342(Rev.01/15/19) Bid Book Page 297 Failure to comply with any provisions of this Storm Water Pollution Prevention Plan will result in the implementation of a National Pollutant Discharge Elimination System/Erosion and Sediment Control Deficiency Deduction against the Contractor and/or penalties under the Permit ILR10 which could be passed on to the Contractor. Printed 5/30/2019 Page 8 of 9 BDE 2342(Rev.01/15/19) Bid Book Page 298 Illinois Department of Transportation Contractor Certification Statement Prior to conducting any professional services at the site covered by this contract,the Contractor and every subcontractor must complete and return to the Resident Engineer the following certification. A separate certification must be submitted by each firm. Attach to this certification all items required by Section II.G of the Storm Water Pollution Prevention Plan (SWPPP)which will be handled by the Contractor/subcontractor completing this form. Route Levee 37: Burning Bush Trails Park Marked Rte. Section Interior Drainage Improvement Project Project No. County Cook Contract No. This certification statement is a part of SWPPP for the project described above, in accordance with the General NPDES Permit No. ILR10 issued by the Illinois Environmental Protection Agency. I certify under penalty of law that I understand the terms of the Permit No. ILR 10 that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification. In addition, I have read and understand all of the information and requirements stated in SWPPP for the above mentioned project; I have received copies of all appropriate maintenance procedures; and, 1 have provided all documentation required to be in compliance with the Permit ILR10 and SWPPP and will provide timely updates to these documents as necessary. ❑ Contractor ❑ Sub-Contractor Print Name Signature Title Date Name of Firm Telephone Street Address City/State/ZIP Items which this Contractor/subcontractor will be responsible for as required in Section II.G. of SWPPP: Printed 5/30/2019 Page 7 of 7 BIDE 2342a(Rev.01/15/19) Bid Book Page 299 0: Illinois Environmental Protection Agency Page 1 of 3 Bureau of Water 1021 North Grand Avenue East . P.O. Box 19276 . Springfield . Illinois • 62794-9276 Division of Water Pollution Control Notice of Intent (NOI) for General Permit to Discharge Storm Water Associated with Construction Site Activities This fillable form may be completed online, a copy saved locally,printed and signed before it is submitted to the Permit Section at the above address. For Office Use Only OWNER INFORMATION Permit No. ILR10 Company/Owner Name:Village of Mount Prospect[Engineering and Public Works Dept] Mailing Address: 1700 W. Central Road Phone: (847) 870-5640 City: Mount Prospect State: IL Zip: 60056-2229 Fax: Contact Person: Jeff Wulbecker, P.E. E-mail: JWULBECK@MOUNTPROSPECT.ORG Owner Type (select one) City CONTRACTOR INFORMATION MS4 Community: ✓❑ Yes ❑ No Contractor Name: Mailing Address: Phone: City: State: Zip: Fax: CONSTRUCTION SITE INFORMATION Select One: ® New ❑ Change of information for: ILR10 Project Name: Levee 37: Burning Bush Trails Park Interior Drainage Improvmnt County: Cook Street Address: 1313 N Burning Bush Ln City: Mount Prospect IL Zip: 60056 Latitude: 42 05 19 Longitude: 87 53 46 25 42N 11E (Deg) (Min) (Sec) (Deg) (Min) (Sec) Section Township Range Approximate Construction Start Date Sep 1, 2019 Approximate Construction End Date Dec 1, 2020 Total size of construction site in acres: 6.5 Fee Schedule for Construction Sites: If less than 1 acre, is the site part of a larger common plan of development? Less than 5 acres - $250 ❑ Yes ❑No 5 or more acres - $750 STORM WATER POLLUTION PREVENTION PLAN (SWPPP) Has the SWPPP been submitted to the Agency? ❑,7 Yes ❑ No (Submit SWPPP electronically to: epa.constiIrl 0swpppta}.iIli nois.gov) Location of SWPPP for viewing:Address: 1313 N Burning Bush Ln City: Mount Prospect SWPPP contact information: Inspector qualifications: Contact Name: Jeff Wulbecker, P.E. Phone: (847) 870-5640 Fax: E-mail: JWULBECK@MOUNTPROSPECT.O Project inspector, if different from above Inspector qualifications: Inspector's Name: Phone: Fax: E-mail: This Agency is authorized to require this information under Section 4 and Title X of the Environmental Protection Act(415 ILCS 514,5139),Failure to I L 532 2104 WPC 623 disclose this information may result in: a civil penalty of not to exceed 550,000 for the violation and an additional civil penalty of not to exceed$10,000 for Rev 5110 each day during which the violation continues(415 ILCS 5142)and may also prevent this form from being processed and could result in your application being denied,This form has been approved by the Forms Management Center. Bid Book Page 300 Page 2 of 3 TYPE OF CONSTRUCTION (select one) Construction Type Transportation SIC Code: Type a detailed description of the project: Construction of detention basin and inlet/outlet storm sewer pipe. Elements include storm sewer, short segmental block walls, irrigation, landscaping, stairs/railings, baseball field slbackstops, conflict resolution improvements to water main conflict resolution improvements to sanitary sewer, sidewalks, shared use paths, driveways, pavement patching, signage, tree removal/replacement. HISTORIC PRESERVATION AND ENDANGERED SPECIES COMPLIANCE Has the project been submitted to the following state agencies to satisfy applicable requirements for compliance with Illinois law on: Historic Preservation Agency ❑Yes ❑✓ No Endangered Species ❑✓ Yes ❑ No RECEIVING WATER INFORMATION Does your storm water discharge directly to: ❑ Waters of the State or 0 Storm Sewer Owner of storm sewer system: Village of Mount Prospect Name of closest receiving water body to which you discharge: Des Plaines River Mail completed form to: Illinois Environmental Protection Agency Division of Water Pollution Control Attn: Permit Section Post Office Box 19276 Springfield, Illinois 62794-9276 or call (217) 782-0610 FAX: (217)782-9891 Or submit electronically to: epa.:constilr1.Oswp—pp,@illinois,gov_ certify under penalty of law that this document and all attachments were prepared under my direction and supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage this system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. In addition, I certify that the provisions of the permit, including the development and implementation of a storm water pollution prevention plan and a monitoring program plan, will be complied with. Any person who knowingly makes a false,fictitious, or fraudulent material statement orally or in writing,to the Illinois EPA commits a Class 4 felony. A second or subsequent offense after conviction is a Class 3 felony. (415 ILCS 5144(h)) Owner Signature: Date: Printed Name: Title: Bid Book Page 301 Page 3 of 3 INSTRUCTIONS FOR COMPLETION OF CONSTRUCTION ACTIVITY NOTICE OF INTENT (NOI) FORM Submit original, electronic or facsimile copies. Facsimile and/or electronic copies should be followed-up with submission of an original signature copy as soon as possible. Please write"copy" under the"For Office Use Only" box in the upper right hand corner of the first page. This fillable form may be completed online, a copy saved locally,printed and signed before it is submitted to the Permit Section at. Illinois Environmental Protection Agency Division of Water Pollution Control Permit Section Post Office Box 19276 Springfield, Illinois 62794-9276 or call (217) 782-0610 FAX: (217) 782-9891 Or submit electronically to: epa.constilri 0swpppPillinois.gov Reports must be typed or printed legibly and signed. Any facility that is not presently covered by the General NPDES Permit for Storm Water Discharges From Construction Site Activities is considered a new facility. If this is a change in your facility information, renewal, etc., please fill in your permit number on the appropriate line, changes of information or permit renewal notifications do not require a fee. NOTE: FACILITY LOCATION IS NOT NECESSARILY THE FACILITY MAILING ADDRESS, BUT SHOULD DESCRIBE WHERE THE FACILITY IS LOCATED. Use the formats given in the following examples for correct form completion. Example Format Section 12 1 or 2 numerical digits Township 12N 1 or 2 numerical digits followed by"N"or"S" Range 12W 1 or 2 numerical digits followed by"E"or"W" For the Name of Closest Receiving Waters, do not use terms such as ditch or channel. For unnamed tributaries, use terms which include at least a named main tributary such as"Unnamed Tributary to Sugar Creek to Sangamon River." Submission of initial fee and an electronic submission of Storm Water Pollution Prevention Plan (SWPPP) for Initial Permit prior to the Notice of Intent being considered complete for coverage by the ILR10 General Permits. Please make checks payable to: Illinois EPA at the above address. Construction sites with less than 5 acres of land disturbance-fee is $250. Construction sites with 5 or more acres of land disturbance-fee is $750. SWPPP should be submitted electronically to: epa.constilrl_0swppp aO.illinoiq gov When submitting electronically, use Project Name and City as indicated on NO[form. Bid Book Page 302 Illinois Environmental Protection Agency Page 1 oft Bureau of Land * 1021 North Grand Avenue East * P.O. Box 19276 # Springfield * Illinois e 62794-9276 Uncontaminated Soil Certification by Licensed Professional Engineer or Licensed Professional Geologist for Use of Uncontaminated Soil as Fill In a CCDD or Uncontaminated Soil Fill Operation LPC-663 Revised in accordance with 35 Ill. Adm. Code 1100, as amended by PC13 R2012.009 (eff. Aug. 27, 201 2) This certification form is to be used by professional engineers and professional geologists to cartify, pursuant to 35 Ill.Adm. Code 1 100,205(a)(1)(B),that soil (i) is uncontaminated soil and (ii)is within a pH range of 6.26 to 9,0, If You have questions about this form, please telephone the Bureau of Land Permit Section at 217624-3300. This form may be completed online, saved locally, printed and signed, and submitted to prospective clean construction or demolition debris(CODD)fill operations or uncontaminated soil fill operations. I. Source Location Information (Describe the location of the source of the uncontaminated soil) Project Name: Stormwater Storage lmprovements Office Phone Number', if available: 847-823-0500 Physical Site Location (address, inclduding number and street): Area of 1313 North Burnie Bush Lane as clescirlbed in attached resort City: Mount Prosect State: IL__ Zip Code: 60056 County: Cook Township: AheelinA__, Lat/Long of approximate center of site in decimal degrees (DD.ddddd)to five decimal places(e.g.,40.67890,-90.12345): Latitude: 42,08942 Longitude: -87.89528 (Decimal Degrees) (-Decimal Degrees) Identify how the lat/long data were determined: GPS Map Interpolation Photo Interpolation Survey Other EDR First Report IEPA Site Number(s), if assigned: BOL: None BOW:None BOO None 11. Owner/Operator Information for Source Site Site Owner Site Operator Name: ................................................................... Name: Street Address Street Address: PO Box: PO Box: City: State: City: State: Zip Code: Phone-, Zip Code: Phone, Contact: Contact. Email, if available: Email, if available: This Agency is authorized to require this information Linder Section 4 and"Hle X of the Environmental Protection Act(415 ILC S 514,6139), Failure to discrose this Information may result In: a civil penalty of not to exceed$50,000 for the violation and an additional civil penalty of IL 532-2922 not to exceed$10,000 for,each day during which the vloiation continues(415 ILOS 5142).This form has been approved by the Forms LPC 663 Rev,812012 Management Center. '6 q, 9 Bid Book Page 303 Page 2 of 2 Project Name: Stormwater Storage Improvements Latitude: 42_0�94Z Longitude: -87,89528 Uftqg(Itaminated Site Certification 111. Basis for Certification and Attachments For each !tern listed below, reference the attachments to this form that provide the required information, a, A Description of the soil sample points and how they were determined to be sufficient in number and appropriately located 35 111, Adm. Code 1100,610(a)]: See attached report, "Topa maps reviewed back to 1900, photos to 1938, indicate the source site was agricultural until after 1974, when park, church, and subdivision constructed on Site property. EDD did riot identify site or adjacent properties on environmental databases, Eight soil borings perforrned and screened with a PID,which did not identify significant readings, .... ........ I .................... b. Analytical soil testing results to show that soil chemical constituents comply with the maximum allowable concentrations established pursuant to 35 111.Adrn. Code Part 1100, Subpart F and that the soil pH is within the range of 6.25 to 9.0, including the documentation of chain of custody control, a copy of the lab analysis;the accreditation status of the laboratory performing the analysis;and certification by an authorized agent of the laboratory that the analysis has been performed in accordance with the Agency's rules for the accreditation of environmental and the scope of the accreditation [35 111.Adm. Code 1100.201(g), 1100.205(a), 1100.610]: Soil samples(13-3/S-2 and 13.8/S-1), representing site conditions, were collected for analysis of VOCs, PNAs, total RCRA metals, &pH, at client's request for evaluation by LPC-663. Analytical results verify the soil meets MACS. pH of 8.31 for B-31 S-2 and 8,44 for B-81S-1 are between 6.25 and 9,0, therefore, soil is uncontaminated, IV. Certification Statement, Signature and Seal of Licensed Professional Engineer or Licensed Professional Geologist Aaron J. 'Trey (name of licensed professional engineer or geologist) FOR'inqTut not limited to, all attachments and other information, is to the best of my knowledge and belief,true, accurate and complete. In accordance with the Environmental Protection Act[415 ILCS 5/22.51 or 22.51 a]and 35 1 It.Adm, Code 1100.205(a), I certify that the soil from this site is uncontaminated soil. lalso certify that the soil pH is within the range of 6.25,to 9.0. In addition, I certify that the soil has not been removed from the site as part of a cleanup or removal of contaminants. All necessary documentation is attached. Any person who knowingly makes a false, fictitious, or fraudulent material statement, orally or in writing, to the Illinois EPA commits a Class 4 felony. A second or subsequent offense after conviction is a Class 3 felony. (415 ILCS 5144(h)) Company Name: Testing Service Corporation Street Address: 360 S. Main Place . .,. .w......._.................................... ............................................ City: Carol Stream60188 State: Zip Code: Phone: 630462-2600 Q�v Aaron J. Ulr2y. Printed Name: xl 'WO FIN 1 Licensed Professional Engineer or Date: �8 Licensed Professional Geologist Signature: P.E. or L.P.G. Seal: Bid Book Page 304 "Em TESTING SERVICE CORPORATION Corporate m,IL Report of 360 S.Main Place,Carol Stream,IL 60188-2404 630.462.2600 9 Fax 630.653.2988 Local Offices: Soils Exploration 457 E.Gundersen Drive,Carol Stream,IL 60188-2492 630.653.3920 9 Fax 630.653.2726 650 N.Peace Road,Suite D,DeKalb,IL 60115-8401 815.748.2100 • Fax 815.748.2110 1350 TriState Parkway,Unit 122,Gurnee,IL 60031-9135 Drainage Improvement 847.249.6040 • Fax 844.767.4721 2235 23R1 Avenue,Rockford,IL 61104-7334 Project 815.394.2562 • Fax 815.394.2566 203 Earl Road,Suite A,Shorewood,IL 60404-9446 815.744.1510 • Fax815.744.1728 Burning Bush Trails Park Mount Prospect, Illinois Geotechnical&Environmental Eaa44laaeea laa WWWWWW Christopher B. Construction Materials Engineer6kg& Testing Burke Engineering, WWWWWWW Laboratory Testing of Soils, Concrete&Asphalt Ltd. Geo-Environmental Drilling Sampling 1i (J"..R01 Bid Book Page 305 L r EM-. Local Office March 27, 2019 TESTING SERVICE CORPORATION Local Office: 457 E. Gundersen Drive,Carol Stream,IL 60188-2492 630.653.3920 0 Fax 630.653.2726 Mr. Erik L. Gil, PE, CFM Corporate Office: Christopher B. Burke Engineering, Ltd. 360 S. Main Place,Carol Stream,IL 60188-2404 9575 W. Higgins Road, Suite 600 630.462.260D • Fax 630.653.2988 Rosemont, IL 60018-4920 RE: L-89,438 Drainage Improvement Project Burning Bush Trails Park Mount Prospect, Illinois Dear Mr. Gil: This report presents results of a soils exploration performed in connection with the Drainage Improvement Project at Burning Bush Trails Park in Mount Prospect, Illinois. These geotechnical engineering services have been provided in accordance with TSC Proposal No. 62,018 dated November 30, 2018 and the attached General Conditions, incorporated herein by reference The approximate 10-acre Burning Bush Trails Park is located at 1313 Burning Bush Lane. The proposed drainage improvement project includes a stormwater storage/detention basin in the area of the existing baseball/softball fields located in the east portion of the park. In this regard, the existing grade at the ballfields will be lowered to Elevation 634, requiring cuts of up to about 5 feet. The 10-year and 100-year high water levels are shown at Elevations 635.25 and 637.89, respectively, on the engineering plans provided to us (dated 3/22/19). New backstops, terrace (stadium) type seating, ramp and stair accesses are also part of the new/reconfigured ballfields on the northwest and southeast corners of the proposed stormwater storage/detention basin. The proposed drainage improvement project also includes the installation of a new 54" RCP storm sewer running from an inlet/outlet structure at the northeast corner of the detention basin to the north for±1000 feet along Lama Lane, connecting to an existing 54" RCP storm sewer at its intersection with Tano Lane. Cut/trench depths of up to about 12 feet below existing grade are estimated to be required for the installation of the new sewer pipes. Field Investigation and Laboratory Testing Eight (8) soil borings were performed as part of this subsurface exploration. The borings were selected by CBBEL and laid out in the field by TSC. The boring locations are shown on the enclosed Boring Location Plan. They are also summarized in the following table, giving State Plane Coordinates (Northings and Eastings) as well as ground surface elevations and boring depths. The elevations were acquired by TSC using a Trimble R8s GNSS receiver which uses the North American Vertical Datum of 1988 (NAVD88), being rounded to the nearest 0.5 foot. Providing a Full Range®f'Geotechnical Engineering,Environniental Services,and Construction Afaterials Engineering& Testing Bid Book Page 306 Christopher B. Burke Engineering, Ltd. Drainage Improvement Project-Burning Bush Trails Park L-89,438-March 27,2019 Boring Northing Easting Ground Surface Depth Number Elevation Feet 1 1975533.17 1103259.97 638.5 121/2 2 1975436.37 1102828.37 637.5 20 3 1975108.38 1102881.79 639.0 20 4 1975114.96 1103155.13 636.5 20 5 1975492.22 1103182.81 639.0 20 6 1975576.15 1103426.60 639.0 121/2 7 1975996.67 1103343.45 639.0 15 8 1976363.33 1103336.90 640.0 15 The borings were drilled and samples tested according to currently recommended American Society for Testing and Materials specifications. Soil sampling was performed at 21/2-foot intervals in conjunction with the Standard Penetration Test (SPT), for which driving resistance to a 2" split-spoon sampler (N value in blows per foot) provides an indication of the relative density of granular materials and consistency of cohesive soils. Water level readings were taken during and following completion of drilling operations. Soil samples were examined in the laboratory to verify field descriptions and to classify them in accordance with the Unified Soil Classification System. Laboratory testing included water content determinations for all cohesive and intermediate (silt or loamy) soil types. An estimate of unconfined compressive strength was obtained for all cohesive materials using a calibrated pocket penetrometer, with actual measurements of unconfined compressive strength performed on representative samples of native clay soils. Dry unit weight tests were also run on specimens of cohesive fill. Reference is made to the enclosed boring logs which indicate subsurface stratigraphy and soil descriptions, results of field and laboratory tests, as well as water level observations. Definitions of descriptive terminology are also included. While strata changes are shown as a definite line on the boring logs, the actual transition between soil layers will probably be more gradual. Fluctuations in the groundwater table may also occur due to variations in precipitation (short-term and seasonal) as well as rises or drops in pond, river, creek or other nearby surface water features, i.e. groundwater levels at a future date may be higher or lower than those recorded at the time of drilling. Discussion of Test Data Borings 1 and 5 - 8 (5 total)were performed in existing pavement areas, encountering 2 to 6 inches bituminous pavement, underlain by 6 to 10 inches granular base course materials. The pavement thicknesses were estimated from the disturbed sides of the augered boreholes and should be considered approximate; pavement cores may be taken if more accurate measurements or descriptions -2- Bid Book Page 307 Christopher B. Burke Engineering, Ltd. Drainage Improvement Project-Burning Bush Trails Park L-89,438-March 27,2019 of the pavements are required (including possible fabric interlayers in the bituminous pavement). Approximately 10 to 12 inches of clayey topsoil was found at the surface of Borings 2 and 4. Silty clay fill materials were encountered underlying the pavement section in Borings 1 and 5 - 8 and at the surface of Boring 3, extending approximately 3 feet below existing grade. Samples of the cohesive fill materials exhibited variable dry unit weights ranging from 84 to 110 pounds per cubic foot (pcf) at water contents between 17 and 25 percent. The pocket penetrometer readings on the fill were also variable, ranging from 0.25 to 3.0 tons per square foot (tsf). Relatively low-strength and very moist silty clay deposits were found underlying the fill materials in Borings 3 and 6 and the topsoil layer in B-4, extending to depths of 3 to 5%2 feet below existing grade. These uppermost native cohesive soils exhibited unconfined compressive strengths/pocket penetrometer readings of 0.75 to 1.0 tsf at water contents between 23 and 26 percent. Underlying native soils and extending to the boring completion depths otherwise consisted predominantly of tough to hard silty clay. Firm silt deposits were also found interbedded within the cohesive soil mass at variable depths in Borings 3 - 5 and 7. The clay soils exhibited unconfined compressive strengths ranging from about 1.0 to 6.0 tsf(typically exceeding 2.0 tsf) at water contents generally between 14 and 24 percent (occasionally both lower and higher). The silt deposits had SPT N-values ranging from 11 to 16 blows per foot (bpf). Borings 2 and 5 - 8 (5 total) were "dry" both during and upon completion of drilling operations. Free water was initially encountered at depths of 5.5, 10.5 and 8.0 feet below existing grade in Borings 1, 3 and 4, respectively. Upon completion of drilling operations the water levels had remained at the original depths in Borings 1 and 3, with Boring 4 being noted in a dry condition. As discussed above, the borings were dry or found free groundwater at variable depths. However, based on the water color change from brown to gray, it appears that the long-term groundwater table at the project site is at depths on the order of about 8 to 10 feet below existing grade (approximate Elevations 628 to 632). Analysis and Recommendations Stormwater Storage Borings 2 - 5 were drilled in the area where stormwater storage is planned (existing ballfields). In this regard, the existing grade at the existing ballfields will be lowered to Elevation 634, requiring cuts of up to about 5 feet. The 10-year and 100-year high water levels are shown at Elevations 635.25 and 637.89, respectively, on the engineering plans provided to us. Cuts in the range of 2'/2 to 5 feet are indicated to reach the proposed finished grade elevation at the boring locations. Cohesive soils predominated at Borings 2 - 5. They include stiff to hard silty clays which extended to depths of 10+ feet below existing grade. These materials will be stable on the 3H:1V to 5H:1V slopes typically used for detention basins in this area. -3- Bid Book Page 308 Christopher B. Burke Engineering, Ltd. Drainage Improvement Project-Burning Bush Trails Park L-89,438-March 27,2019 An underdrain system will be provided for the new basin as it will also be used in connection with new/reconfigured baseball/softball and soccer fields. The underdrain piping will be installed in 18 to 24- inch deep trenches and will consist of 4-inch perforated PVC pipes surrounded by 4 to 6 inches of IDOT CA-7 aggregate wrapped in geotextile filter fabric. The underdrain system should be properly designed to evacuate the accumulated water after a storm event. In this regard, it is suggested that the underdrain piping be installed at a maximum spacing of about 30 feet, with the final spacing to be determined by the design engineer. Although permeability tests were not performed on the clay materials which predominated at this site, we would estimate their coefficients of permeability in the range of 10-6 to 10-$ cm/sec, making them practically impervious, with associated infiltration rates also expected to be very low (0.07 in/hour or less). New Storm Sewer Pipe Borings 1 and 6 - 7 were drilled along the proposed storm sewer alignment. Based on the Utility Plan and Profile drawings provided, the invert of the 54-inch diameter sewer pipe will be on the order of Elevation 629 - 630 at the boring locations. This elevation correlates to depths of about 9 to 10 feet below existing grade at the boring locations. Very tough to hard native silty clay soils were encountered at the anticipated sewer bearing depths in the borings. These cohesive materials are considered suitable for support of the sewer pipe and trench backfill. Conventional open-cut trench methods will likely be utilized for pipe installation. To the extent that laborers will work in the excavations, protection against cave-ins/side wall instability must be provided. Protective measures should include the use of safety trench boxes, sheeting and bracing, or other appropriate methods. In this regard, all excavations should comply with requirements of OSHA 29 CFR, Part 1926 Sub Part P "Excavations" and its appendices as well as any other applicable codes. This document states that excavation safety is the responsibility of the Contractor. Reference to this OSHA requirement should be included in the project specifications. Based on the cohesive (impervious) nature of the soils found for the full depth of the referenced borings (except below a depth of 13 feet in B-7), serious groundwater problems are not anticipated. However, the accumulation of run-off water or seepage at the base of excavations should still be expected to occur during trench excavation and site work. The Contractor should be prepared to remove any accumulations by dewatering/unwatering procedures, as a minimum to include pumping from strategically placed sumps. Ballfield Structures/Lateral Earth Pressures Borings 2 and 4 were drilled in the general areas where new baseball diamonds, backstops, stadium style sitting, ramp and stair accesses will be provided. Borings 2 and 4 revealed the presence of tough to hard native silty clay soils at shallow depths of about 1 and 3 feet below existing grade, respectively. They are considered suitable for a net allowable bearing pressure of at least 4000 psf in connection with retaining wall and post foundation support. Lateral earth pressures for permanent underground structures will be dependent on the type of backfill used and the groundwater levels. Equivalent fluid pressures are given for cohesive and granular -4- Bid Book Page 309 Christopher B.Burke Engineering, Ltd. Drainage Improvement Project-Burning Bush Trails Park L-89,438-March 27,2019 backfills, assuming at-rest (Ko) and active (Ka) earth pressures. The values shown represent the increase in lateral pressure over a 1.0 foot distance measured in Pounds per square, foot (pSf/ft). EQUIVALENT FLUID PRESSUREL(PS BACKFILUSOILTYPE ABOVE WATER TABLE BELOW WATER TABLE AT-REST STATE Granular 50 90 Cohesive 65 100 ACTIVE STATE Granular 40 80 Cohesive 50 90 The active condition applies to retaining walls which are free to rotate at their top. At-rest pressures should be used for buried Structures which are fixed at their top and bottom or otherwise restrained from moving,, Closure The analysis and recommendations submitted in this report are based upon the data obtained from the eight (8) soil borings performed at the locations indicated on the Boring Location Plan. This report does not reflect any variations which may occur between these borings, the nature and extent of which may not become evident until during the Course of construction. If variations are then identified, recommendations contained in this report should be re-evaluated after performing on-site observations. It has been a pleasure to Mist You with this work. Please call if there are any questions or if we may be Of further service. Respectfully Submitted, TESTING SERVICE CORPORATION Be Alfredo J. Ben-nudez S MUel J.�Patrick, E.rr. Z Senior Geotechnical Engineer 0660Staff Engineer 62-04, 8 Registered Professional Engineer Illinois No. 062-046608 Z PR0FE,,3,,,34)NM AJB:SJP:ab Enc, -5- Bid Book Page 310 GENERAL CONDITIONS Geotechnical and Construction Services TESTING SERVICE CORPORATION 1,PARTIES AND SCOPE OF WORK: It Client Is ordering Ilia perform same shall not In arty way operate or excuse any solvices on behaif of another,Client roprosentsand warrants contractor front the porrioneance of its work In accordance for which TSC may be liable In accordance will)the prold 23 HIM Client is the duty authorized agent of said party for with its contract,"Cordractor"as used herein shall Include set forth In Ilia preceding paragraph,upon wt 2'nord the purpose of ordering and directing said selvices,arid in subcontractors, supfulmrs, archilocts, eng4loers arid of Client received within live days of Client's ac, trance of of such case 1ho form"Clillim"shall also include the principal construction managers. TSC's proposal together war payment of a dditional too for who)))the services are being performed.Prices(fueled In the amount of 5%of TSC's estinealed , It for its services arid charged by TSG for its services are predicated oil the Information obtained from outings,observations and analyses (to be adjusted to 5%of file anioun 1�gually billed fly TSC conditions and the allocations of risks and obligations of sample materials shall be reported In formers con4lderad for its services on tire proR, �6`f completion),the limit expressed in these General Conditions, Unless otherwise appropriate by TSC unless directed otherwise by Client, oil damages shall be increas a$500,000 or the amount stated Ili writing, Client assumes sole responsibility for Such information Is considered evidence,but any Inference of TSC's fee,whichever Ise greater. This charge is list to determining whether the quantity and the nature of Ilia or conclusion based thereon is,necessarily,an opinion also betonstrood as bale charge for insurance of any type, servICOS ordered by Client are adequate and sufficient lot based on enginoering judgment and shall not be construed but is Increased co deralkin,for the exposure to air award Client's Intended purpose. Unless otholivise expressly as a representation of far,[,Substalaco crandflions blay not assumed In writing,ISC's services are provided exclusively he ratiforin throughout an mulno site inal ground water for cliert,TSCshall have ral duty orobligation otherthan these levels may floGlitate due to ellarafic and other variations. 11, INDEMNITY: Subject to the provisions set forth herein, duties and obligations expressly set forth in this Agreement, Construction materials may vary from the samples taken. ISO arid Client hereby agree to Indoninify and hold liarnileso, TSC shall have no duty to any third party, Cleont shall Unless otherwise agrood in willing,the procedures employed each other and their respective shareholders, dhactors, communicate these General Conditions to each and every by TSG are not designed to detect intentional concealment officers,partners, employees,agents,subsidiaries arid party 10 whom Ilia Client translarls any report prepared by or misropreqlartallon of facts by others, division(and each of their holirs,.successors,and assigns) TSC,0rdorImj services hoar TSCsfiall consfituteaccoptance from arty and all caIrns,domards,liabilities,suits,causes of of TSC's proposal and these General Condflloes. Y. DOCUMENTS AND SAMPLES: Client Is granted air action,judgments,costs and expenses,Including reasonable exclusive license to use findings and reports prepared attorneys'fees,arising,or allegedly arlshrg,from personal 2.SCHEDULING DE SERVICES:"the sorvicosset forth n this and Issued by TSG arid ally sub-consultants pursuant to injury,Including death,property damage,including loss of use Agniernoret will he acocenplished in a(treaty and wortralanlike this Agreement for tire purpose set forlh In TSC's proposal thereof,due in any aeartiorto the negligence at either of them Manner,It TSC:is required to Way any Pad at Its services provided Mat TSG has recoilved payment In full for Its or their agents or emptoryties or independent contractors.In to accommodate the requests or requIlronents of Client, services,TSC and,if applicable,Its sub-consultare,retain tire event both'I'SC and Client are found to be negligent or regulatory agencies,or third parties,of duo to any cause all copyright and ownership interests in the reports,boring at fault,then any liability shall be apportioned betweert thorn beyond [Is reasonable control,Glierd,agrees to pay such logs,loops,field data,field notes,laboratory lost data and pursuant to their pro 1418 slant of negligence ortaJILTSC and riddlVonar c1rargret,It any,as aray be applicable, sirnflar documents,and Ilia ownership and freedom to use Glient further agree that their liabilky to any third party shall, all data generated by It for any purpose,Unless otherwise to the extent permitted by law,he several and not joint,rho 1 ACCESS TO SITIl TSC shall ll reasonable ineasums agreed in writing, test specimens or samples will be liabilityotTSCunder tlilspi,ovisloiisliallriot exeeedtliopoilt;y arid procstutions to ormliazo damage to the site and any c1hposedl immedlalraly upon ronnlolotion of the lest.All drilling heads of insurance canted by TSC;, Neither 7$C not Client linprovernerits located thereon as a result of its services or samples orspeurvens will be disposed sixty(60)days after shop be pound usdar thls hidenvoly agreereent to liability life use of its equitenerill however,TSG has not included in submission of TSC's reporl, delorridned fit a proceeding In which it did list participate Its fee the cost of mstandlort of damage which may occur.It represented by itsown independent COLlosel,The indeninifies Claint desires or requires'I"SC to restore the site to Its tenors 8,TERMINATION:TSC'x obfigagon to provide services may be provided hereunder shall not torroinate upon the tornilradlan condition,ISO will,upon written request, porforal such teradnated by editor party open(7)seven days prior wrltion or expiration of this Agreement,but may be niodifled to Ilia additional work as Is necessary to do so and Client agrees notice, In Ilia event of torroination of TSC's services,TSO extent of any walver of subrogrilJon agreed to by TSC and to pay to TSC the cost thereof plus TSCs normal markup for shall be coraponsiated by Client for all services performed up paid for by Client, overhead arid profit. to and including the termination date,including roinibursable expenses, Vie terms and cornfiltuns of these General 12.SURPOENM TS0 envilloyees shelf not be retained as 41.CLIENT'S DUTY"f0 NOTIFY ENGINEER:Client represents Conditions shall survive the termination at TSC's obligation expert witnesses except by separate,written agreement. and wanants that Client has advised'I'SC of any known or to provide services. Client agrees to pay TSC pursuant to TSC's then current too suspected hazardous materials,utility lines and underground schedule for any'TSC croployee(s)subpoenaed by arry party structures at ally site at Which ISC,Is to parterre services 9,PAYMENT*Client shall be Invoiced periodically for si, � s as an occurronco w1firrms as a resuft of TSC"s services. under this Agreement,Unless ofteirwise agreed in writing, TSC's,responsibility with respect to underground utility days of Its recelpt,Client further afirso a'efery interest on 11 OTHER AGREEMENTS:TSC shall not be bound by locations Is to contact tho Illirrols Joint Utility Locating all amounts Invoicod and not e objector!to in writing any provision or agreement(I)requiring or providing for Information for Excavators fie,the location of public,but not for valid CaUS43 wIthninsi fy,idptfays at the rare of twelve arlorkation of disputes or controversies arising out of this a,x1pition IntoroM role permitted by Agreement or,Its performance,(if) wherein TSC waives arty private,utilities. tire applic, achover I i1chover is the lesser)fund paid and TSC's rights to a eirechanics ilon crr surety bond claire; full that DISCOVERY OF POLLUTANTS:TSC's services shall not cosg$'6t'(5iIecfion of such accounts,Includin I q( rt costs conditions TSC's right to receive payment for its services include investigation for hazardous aralerials as defined by upon payment to Client tip trey third partyror(Iv)that requires the Resource,Conservation Recovery Act,42 U.S.01 69011, TSC to Indemnify any partyboyand Its own negligence These el,seg.,as amended("RCPA')or by any state is,Federal 10, WARRANTY: TSC's professoriat services will be General Ounditions are noure,where reqlAad,MatTS0 shall stain e,Or regulation. In 1110 Mot that hazardous matorials performed,Its findings obtaboxi and Its reports prepared file a lien whenever necessary to collect post due antorints, are discovered and identified by TSC,TSC's sale duty shall in accordance with those General Conditions and with This Agreement contains the entire understanding between be to notily Clier% generally accepted principles and practices.In Performing Its file Parties.Unless expressly accepted by TSG In writing prolosslonal services,TSC will use that degreord care mid skill prior Ill delivery of TSC's services,Client shall not add ally, 6. MONITORING: If this Agreement Includes testing ordinarily exercised under s1railal circurristances by roorilbers conditions or Impose conditions which are In condict with construction materials or observing anyaspVct oll Construction of Its protrissiom In performing physical work in pursuit of those cunfientid heroin,arid no such adifilkaral or confliction of Improvements, Client's construction personnel will its professional services,ISO will use that deproo of care terms shall be lending upon TSO,The unonforceablilty or verify that the pad is property locaraid arid sized to inner and skill ordinarily used under surillm circumstances,This Invalidity of any provision or provisions shall not render any Client's nolierted buddlog leads, Gkont shall cause all warranty is in lieu of all other warranties at representations, other provision or provisions unenforceable or Invalid,This tests and inspections of the site,materials and work to either express or implied,Statements made in TSC reports Agreement shall be construed and enforced In accordance be bluely and properly Perforated in accordance whir are opinions based upon engineering judgment and are not with the laws of the State of Illinois.In the event of a dispute the plans, contract docurnorill arid TSC's to be construed as reprosernations,of faG1, arking enter or reltifing trithe,performance ofthisAgreement, recornmendattons. No claims lot loss,darnage or injury the breach thereof or TSC's services,the parfies agree to shift be brought anainstTSC 1,(111OSSall tests and Insprictions try in good built to settle the dispute by mediation under have been so performed and unions TSC's teronerneodall nooligent In performing professional services or R made file Construction Industry Modiall Roles of the Arrioricrin have been followed, and breached any express or indlil led warm Ai,blirilloiiAi,�oriationasoconditioi)pt,ecedeiittollfiiigarty or connect,Client,all parties =trough Client and demand for arbitration,at,any petition or complaint with ally TSC's servicesshalf not include determining or Implementing all parties claiming to have 4-y lvay relied upon TSC's court,Paragraph readings are for conventence only arid shall the mrsirls, methods,toohniquos or procarlures of work services or workaqlaapa�a Win niaxillium aggregate amount not be construed as, lholfing the mearrilog of the provisloris (]one by the contracour(s)b0og alordioned or whose work is of damages forw e SO,its officers,employees arid agents contained In these General Conditions, going tested. TSC's services shall not Include tire authority shall be�101,bl Is aided to$50,000 cr the total amount of to accept or mince work or to In any manner supervise thio"aid to TSC for Its services performed 3mipect trip work of any rontractre,TSCs sravloos or falture to l AEV 09/08 Bid Book Page 311 Testing Service Corporation Unified Classification Chart CRITERIA FOR ASSIGNING GROUP SYMBOLS AND SOIL CLASSIFICATION GROUP NAMES USING LABORATORY TEST' Group GROUP NAME Symbol GRAVELS CLEAN GRAVELS cu>-4 and 1 ,cc<-3 e GW Well-graded gravel' o less than 5%fines c Co o More than 50%of cu<4 and/or 1>cc>3 e GP Poorly-graded gravel r Z coarse fraction GRAVELS WITH FINES Fines classify as ML or MH GM Silt ravel Coo retained on No.4 y y g sieve more than 12%fines c Z > Fines classify as CL or CH GC Clayey gravel r• o " SANDS CLEAN SANDS ce?6 and 1<cc<3 e SW Well-graded sand Lu less than 5%fines ce<6 and/or 1>cc>3 e SP Poorly-graded sand ¢L 50%or more of coarse m fraction passes No.4 o sieve SANDS WITH FINES Fines classify as ML or MH SM Silty sand E more than 12%fines Fines classify as CL or CH Sc Clayey sand e'"•r SILTS&CLAYS PI>7 or plots on or above"A"line j CL Lean clay k•�•`" d Inorganic PI<4 or plots below"A"line j ML Silt _J N Liquid limit less than O o 50% Coz Organic Liquid limit-oven dried <0OL Organic clay " o . .75 Organic silt k 1,n,, Lu5 Z a Liquid limit-not dried ¢ y Q SILTS&CLAYS PI plots on or above"A"line CH Fat clay"•�•`" �' Inorganic Lu o 9 PI plots below"A"line MH Elastic silt I E Liquid limit 50%or `o more Organic Liquid limit-oven dried OH Organic clay o <0'75 Organic silt k, N Liquid limit-not dried Highly organic soils Primarily organic matter,dark in color,and organic odor PT Peat a.Based on the material passing the 3-inch(75-mm)sieve. f.If soils contains>-15%sand,add"with sand"to group name. b.If field sample contained cobbles and/or boulders,add"with cobbles g.If fines classify as CL-ML,use dual symbol GC-GM,SC-SM and/or boulders"to group name h.If fines are organic,add"with organic fines"to group name c.Gravels with 5 to 12%fines required dual symbols i.If soils contains>:15%gravel,add"with gravel"to group name GW-GM well graded gravel with silt j.If Atterberg Limits plot in hatched area,soil is a CL-ML,silty clay GW-GC well graded gravel with clay k.If soils contains 15 to 29%plus No.200,add"with sand"or"with gravel" GP-GM poorly graded gravel with silt whichever is predominant GP-GC poorly graded gravel with clay I.If soil contains?30%plus No.200,predominantly sand,add"sandy"to d.Sands with 5 to 12%fines require dual symbols group name. SW-SM well graded sand with silt m.If soils contains>-30%plus No.200,predominantly gravel,add SW-SC well graded sand with clay "gravelly"to group name SP-SM poorly graded sand with silt n.PI>-4 and plots on or above"A"line SP-SC poorly graded sand with clay o.PI?4 and plots below"A"line e. c -D60010 cc- (n,o)' p.PI plots on or above"A"Zine D�, °,,, q.PI plots below"A°Zine 60 � i 50 oe� oc 40 ca x / \` 0 yr MH or OH 20 i. - i 10 ML or OL 4 /,� - 0 0 1.0 20 30 40 50 60 70 80 90 1..00 ILigi,.lid I....irnit(I...Q Bid Book Page 312 im TESTING SERVICE CORPORATION LEGEND FOR BORING LOGS XA FILL TOPSOIL PEAT GRAVEL SAND SILT CLAY DOLOMITE SAMPLE TYPE WATER LEVELS: SS = Split Spoon V While Drilling ST = Thin-Walled Tube V End of Boring A = Auger ♦ 24 Hours MC = Macro-Core (Geo Probe) FIELD AND LABORATORY TEST DATA N = Standard Penetration Resistance in Blows per Foot WC = In-Situ Water Content Qu = Unconfined Compressive Strength in Tons per Square Foot * Pocket Penetrometer Measurement: Maximum Reading =4.5 tsf YDRY = Dry Unit Weight in Pounds per Cubic Foot SOIL DESCRIPTION MATERIAL PARTICLE SIZE RANGE BOULDER Over 12 inches COBBLE 12 inches to 3 inches Coarse GRAVEL 3 inches to 3/ inch Small GRAVEL 3/4 inch to No. 4 Sieve Coarse SAND No. 4 Sieve to No. 10 Sieve Medium SAND No. 10 Sieve to No. 40 Sieve Fine SAND No. 40 Sieve to No. 200 Sieve SILT and CLAY Passing No. 200 Sieve COHESIVE SOILS COHESIONLESS SOILS CONSISTENCY Qu tsf RELATIVE DENSITY N b Very Soft Less than 0.3 Very Loose 0-4 Soft 0.3 to 0.6 Loose 4- 10 Stiff 0.6 to 1.0 Firm 10- 30 Tough 1.0 to 2.0 Dense 30- 50 Very Tough 2.0 to 4.0 Very Dense 50 and over Hard 4.0 and over MODIFYING TERM PERCENT BY WEIGHT Trace 1 - 10 Little 10- 20 Some 20 - 35 Bid Book Page 313 PROJECT Drainage Improvement Project, Burning Bush Trails Park, Mount Prospect, IL CLIENT Christopher B. Burke Engineering, Ltd., Rosemont, IL BORING DATE STARTED 2-22-19 DATE COMPLETED 2-22-19 JOB L-89,438 ELEVATIONS WATER LEVEL OBSERVATIONS GROUND SURFACE 638.5 WHILE DRILLING 5.5 END OF BORING 626.0 Q AT END OF BORING 5.5 V 24 HOURS xw F > ID o0 SAMPLE N WC Qu YDRY DEPTH ELEV. SOIL DESCRIPTIONS a NO. TYPE 0 _ 3" Bituminous Concrete** 0.3 638.2 o.s 637.7 7" Sand and Gravel ** 1 SS 3 24.7 0.25• 84 FILL- Brown and black silty CLAY, little sand and gravel, trace organic, very moist (CL) 3.0 635.5 2 SS 9 20.2 3.34 /§ 3.5" 5 V Very tough brown silty CLAY, little sand, trace gravel, occasional sand seams, moist (CL) 3 SS 14 19.2 4.0" 8.0 630.5 N w w a ss 16 22.0 3.08 Very tough brownish-gray silty CLAY, little z 3.25" sand, trace gravel, moist (CL) H 10 w U10.5 628.0 a Very tough brownish-gray silty CLAY, trace to u 5 SS 14 27.0 3.0* little sand and gravel, moist (CL) 0 a End of Boring at 12.5' U Approximate unconfined compressive strength based on measurements with a F15 calibrated pocket penetrometer. H q *" Approximate thicknesses determined by flight auger methods 20 m N M J 6 U F a C7 M 25 Division lines between deposits represent C) approximate boundaries between soil types, F DRILL RIG NO. 314 in-situ,the transition may be gradual. Bid Book Page 314 PROJECT Drainage Improvement Project, Burning Bush Trails Park, Mount Prospect, IL CLIENT Christopher B. Burke Engineering, Ltd., Rosemont, IL BORING 2 DATE STARTED 2-22-19 DATE COMPLETED 2-22-19 JOB L-89,438 ELEVATIONS WATER LEVEL OBSERVATIONS GROUND SURFACE 637.5 WHILE DRILLING Dry END OF BORING 617.5 Q AT END OF BORING Dry � V 24 HOURS xw F > ID 00 SAMPLE N WC Qu YDRY DEPTH ELEV. SOIL DESCRIPTIONS a NO. TYPE 0 -= Black clayey TOPSOIL (OL) 1.0 636.5 1 SS 9 16.6 3.5" 2 SS 12 19.4 4.53 Very tough to hard brown trace gray silty 4.5+• CLAY, little sand, trace gravel, moist (CL) 5 3 SS 16 19.3 4.0" 8.0 629.5 N w w 4 SS 14 14.0 3.21 Very tough brownish-gray silty CLAY, little z 2.75* sand and gravel, moist (CL) H 10 w U10.5 627.0 a w 5 SS 9 14.6 1.0" 0 a w w Tough brownish-gray to gray silty CLAY, little U to some sand and gravel, very moist (CL) 6 SS 7 15.6 1.09 F 1.0* U) 15 H 0 17.0 620.5 Hard gray silty CLAY, little sand and gravel, moist (CL) 7 SS 18 14.9 3.0* 20 End of Boring at 20.0' m N Approximate unconfined compressive M strength based on measurements with a calibrated pocket penetrometer. J 6 U F a C7 M 25 Division lines between deposits represent C) approximate boundaries between soil types, F DRILL RIG NO. 314 in-situ,the transition may be gradual. Bid Book Page 315 PROJECT Drainage Improvement Project, Burning Bush Trails Park, Mount Prospect, IL CLIENT Christopher B. Burke Engineering, Ltd., Rosemont, IL BORING 3 DATE STARTED 2-22-19 DATE COMPLETED 2-22-19 JOB L-89,438 ELEVATIONS WATER LEVEL OBSERVATIONS GROUND SURFACE 639.0 WHILE DRILLING 10.5' END OF BORING 619.0 Q AT END OF BORING 10.0 � V 24 HOURS xw F > ID 00 SAMPLE N WC Qu YDRY DEPTH ELEV. SOIL DESCRIPTIONS a NO. TYPE 0 FILL- Dark brown silty CLAY, little sand and 1 SS 9 21.2 1.75• 98 gravel, trace organic, moist (CL) 3.0 636.0 2 SS 7 25.8 0.83 Stiff to tough brown and gray silty CLAY, little 1.0* sand, very moist (CL/CH) 5 5.5 633.5 3 SS 14 21.3 4.0* Very tough to hard brownish-gray silty CLAY, little sand, trace gravel, moist (CL) 8.0 631.0 N w w 4 SS 16 13.3 3.5" Very tough brownish-gray silty CLAY, little to some sand and gravel, moist (CL) H 10 w U10.5 628.5 a w 5 SS 16 18.1 0 a w Firm gray SILT, little fine sand, very moist (ML) 6 SS 16 17.2 U) 15 H q 17.0 622.0 Very tough gray silty CLAY, little sand and gravel, moist (CL) 7 SS 20 15.7 3.0* 20 End of Boring at 20.0' m N Approximate unconfined compressive M strength based on measurements with a calibrated pocket penetrometer. J 6 U F a C7 M 25 Division lines between deposits represent C) approximate boundaries between soil types, F DRILL RIG NO. 314 in-situ,the transition may be gradual. Bid Book Page 316 PROJECT Drainage Improvement Project, Burning Bush Trails Park, Mount Prospect, IL CLIENT Christopher B. Burke Engineering, Ltd., Rosemont, IL BORING 4 DATE STARTED 2-22-19 DATE COMPLETED 2-22-19 JOB L-89,438 ELEVATIONS WATER LEVEL OBSERVATIONS GROUND SURFACE 636.5 WHILE DRILLING 8.0 END OF BORING 616.5 Q AT END OF BORING Dry � V 24 HOURS xw F > ID o0 SAMPLE N WC Qu YDRY DEPTH ELEV. SOIL DESCRIPTIONS a NO. TYPE 0 _= Black clayey TOPSOIL (OL) 0.8 635.7 1 SS 5 25.4 0.75• Stiff brown trace gray silty CLAY, little sand, /H trace organic, very moist (CL) 3.0 633.5 /0 2 ss 10 21.0 1.75 Tough to very tough brown trace gray silty 2.25* CLAY, little sand, moist (CL) 5 5.5 631.0 3 SS 18 19.5 4.5+" Hard brown silty CLAY, little sand, trace gravel, moist (CL) /D 8.0 628.5 N w w a ss 20 12.3 4.5+ Hard brownish-gray very silty CLAY, little sand, occasional silt and sand seams, moist (CL-ML) H 10 w U10.5 626.0 a w u 5 Ss 12 17.5 Firm gray SILT, little fine sand, moist (ML) 0 w 13.0 623.5 w 0z 6 SS 10 13.5 2.02 /§ 2.25' U) 15 H 0 Very tough gray silty CLAY, little to some sand and gravel, moist (CL) 7 SS 18 14.4 3.5" 20 End of Boring at 20.0' m N Approximate unconfined compressive M strength based on measurements with a calibrated pocket penetrometer. J 6 U F a C7 M 25 Division lines between deposits represent C) approximate boundaries between soil types, F DRILL RIG NO. 314 in-situ,the transition may be gradual. Bid Book Page 317 PROJECT Drainage Improvement Project, Burning Bush Trails Park, Mount Prospect, IL CLIENT Christopher B. Burke Engineering, Ltd., Rosemont, IL BORING ) DATE STARTED 2-22-19 DATE COMPLETED 2-22-19 JOB L-89,438 ELEVATIONS WATER LEVEL OBSERVATIONS GROUND SURFACE 639.0 WHILE DRILLING Dry END OF BORING 619.0 Q AT END OF BORING Dry � V 24 HOURS xw F > ID o0 SAMPLE N WC Qu YDRY DEPTH ELEV. SOIL DESCRIPTIONS a NO. TYPE 0 _ 0.2 638.8T' Bituminous Concrete** 10"Sand and Gravel ** 1.0 638.0 >00 1 SS 13 21.0 1.0" 108 FILL- Brown and black silty CLAY, little sand and gravel, trace organic, very moist (CL) 3.0 636.0 2 SS 11 24.2 1.75• Tough brown and gray silty CLAY, little sand, moist (CL/CH) 5 5.5 633.5 3 SS 12 20.5 2.28 Very tough brown silty CLAY, little sand, trace 2.75° gravel, moist (CL) 8.0 631.0 N w 4 SS 16 20.9 4.5+" Hard brownish-gray silty CLAY, little sand, trace gravel, moist (CL) H 10 U w 10.5 628.5 a w ua Hard brownish-gray very silty CLAY, little sand, 5 SS 15 10.6 4.5+* occasional silt and sand seams, moist (CL-ML) 0 w 13.0 626.0 w 0z 6 SS 13 14.3 a' F 15 Firm gray SILT, little fine sand, moist to very q moist (ML) 17.0 622.0 Hard gray silty CLAY, little to some sand and gravel, moist (CL) 7 SS 26 11.3 4.5+* 20 End of Boring at 20.0' m N Approximate unconfined compressive M strength based on measurements with a calibrated pocket penetrometer. J UI ** Approximate thicknesses determined by flight auger methods a C7 M 25 Division lines between deposits represent C) approximate boundaries between soil types, F DRILL RIG NO. 314 in-situ,the transition may be gradual. Bid Book Page 318 PROJECT Drainage Improvement Project, Burning Bush Trails Park, Mount Prospect, IL CLIENT Christopher B. Burke Engineering, Ltd., Rosemont, IL BORING 6 DATE STARTED 2-22-19 DATE COMPLETED 2-22-19 JOB L-89,438 ELEVATIONS WATER LEVEL OBSERVATIONS GROUND SURFACE 639.0 WHILE DRILLING Dry END OF BORING 626.5 Q AT END OF BORING Dry � V 24 HOURS xw F > ID o0 SAMPLE N WC Qu YDRY DEPTH ELEV. SOIL DESCRIPTIONS a NO. TYPE 0 6" Bituminous Concrete** 0.5 638.5 1.0 638.0 6" Sand and Gravel ** 1 SS 16 17.0 3.0" 110 FILL- Dark brown and gray silty CLAY, little sand and gravel, trace organic, moist (CL) 3.0 636.0 2 SS 8 23.5 1.0 Stiff to tough brown and gray silty CLAY, little sand, very moist (CL) 5 5.5 633.5 3 SS 16 23.4 3.0* Very tough brownish-gray silty CLAY, trace sand and gravel, moist (CL) 8.0 631.0 N w wHard gray silty CLAY, little sand, trace gravel, 4 SS 20 17.7 4.5+* � moist (CL) H 10 w U10.5 628.5 Very tough to hard gray silty CLAY, little sand, 5 SS 22 24.1 4.0" trace gravel, occasional sand seams, moist (CL) 0 a End of Boring at 12.5' Approximate unconfined compressive strength based on measurements with a � 15 calibrated pocket penetrometer. H q Approximate thicknesses determined by flight auger methods 20 m N M J 6 U F a C7 M 25 Division lines between deposits represent C) approximate boundaries between soil types, F DRILL RIG NO. 358 in-situ,the transition may be gradual. Bid Book Page 319 PROJECT Drainage Improvement Project, Burning Bush Trails Park, Mount Prospect, IL CLIENT Christopher B. Burke Engineering, Ltd., Rosemont, IL BORING 7 DATE STARTED 2-22-19 DATE COMPLETED 2-22-19 JOB L-89,438 ELEVATIONS WATER LEVEL OBSERVATIONS GROUND SURFACE 639.0 WHILE DRILLING Dry END OF BORING 624.0 Q AT END OF BORING Dry � V 24 HOURS xw F > ID 00 SAMPLE N WC Qu YDRY DEPTH ELEV. SOIL DESCRIPTIONS a NO. TYPE 0 0.5 638.5 6" Bituminous Concrete** _ 8" Sand and Gravel 1.2 637.8 1 SS 22 21.5 2.0" 107 FILL- Dark gray silty CLAY, little sand and gravel, trace organic, moist (CL) 3.5 635.5 2 SS 6 16.2 2.0` Tough to very tough brown and gray silty 5 CLAY, little sand, moist (CL) 5.5 633.5 3 SS 16 17.7 3.19 Very tough brown silty CLAY, little sand and 3.0 gravel, moist (CL) 8.0 631.0 N w w 4 SS 18 19.4 4.5+* w 10—/ Hard gray to gray silty CLAY, little sand, trace gravel, moist (CL) w 5 SS 17 20.3 5.49 4.5+* 0 w 13.0 626.0 U z 6 SS 11 19.8 Firm gray SILT, little fine sand, moist (ML) F U) 15 H Q End of Boring at 15.0' * Approximate unconfined compressive strength based on measurements with a calibrated pocket penetrometer. *" Approximate thicknesses determined by flight auger methods 20 m N M J 6 U F a C7 M 25Division lines between deposits represent C) approximate boundaries between soil types, F DRILL RIG NO. 358 in-situ,the transition may be gradual. Bid Book Page 320 PROJECT Drainage Improvement Project, Burning Bush Trails Park, Mount Prospect, IL CLIENT Christopher B. Burke Engineering, Ltd., Rosemont, IL BORING S DATE STARTED 2-22-19 DATE COMPLETED 2-22-19 JOB L-89,438 ELEVATIONS WATER LEVEL OBSERVATIONS GROUND SURFACE 640.0 WHILE DRILLING Dry END OF BORING 625.0 Q AT END OF BORING Dry � V 24 HOURS xw F > ID 00 SAMPLE N WC Qu YDRY DEPTH ELEV. SOIL DESCRIPTIONS a NO. TYPE 00.3 639.7 4" Bituminous Concrete** 7" Sand and Gravel ** 0.9 639.1 1 SS 16 22.3 2.0* 92 FILL- Dark brown and gray silty CLAY, little sand, trace gravel, trace organic, moist (CL) 3.0 637.0 2 SS 14 20.3 4.66 Hard brown trace gray silty CLAY, little sand, 4.5+* trace gravel, moist (CL) 5 5.5 634.5 3 SS 29 17.7 4.5+* Hard grayish-brown silty CLAY, little sand and gravel, moist (CL) 8.0 632.0 N w w Hard gray silty CLAY, little to some sand and 4 SS 18 12.9 5.75 ravel, occasional silt seams, moist CL H 10 w U10.5 629.5 a w 5 SS 21 21.0 3.5* Ver tough gray silty CLAY, little sand, moist ua 0 w 13.0 627.0 Very tough gray silty CLAY, little sand and 6 SS 12 14.5 3.5* gravel, moist (CL) U) 15 H Q End of Boring at 15.0' * Approximate unconfined compressive strength based on measurements with a calibrated pocket penetrometer. *" Approximate thicknesses determined by flight auger methods 20 m N M J 6 U F a C7 M 25 Division lines between deposits represent C) approximate boundaries between soil types, F DRILL RIG NO. 358 in-situ,the transition may be gradual. Bid Book Page 321 f ' 640.0 N 0 200 IN FEET) m7 � SCALE 1" = 200' m6 1 ®1 639.0 ®5 636.5 639.0 ®2 63 .5 1 ,I F yI 4 .I 639.0 636.5 NOTE: GROUND SURFACE ELEVATIONS AT THE BORINGS WERE LEGEND ACQUIRED BY TSC USING A TRIMBLE RBS GNSS '� BORING LOCATION RECEIVER,BEING ROUNDED TO THE NEAREST 0.5 FOOT. BORING LOCATION PLAN DRAWN BY: JAC PAGE NO. STORMWATER STORAGE TESTING SERVICE CORP. CHECKED BY: MVM BURNING BUSH TRAILS PARK 457 EAST GUNDERSEN DRIVE 1313 N. BURNING BUSH LANE CAROL STREAM, ILLINOIS 60188 JOB NO. : L-89,438 1 OF MOUNT PROSPECT, ILLINOIS DATE: 03-15-19 LR107-4 Page 1 of 1 State of Illinois Department of Transportation Bureau of Local Roads and Streets SPECIAL PROVISION FOR INSURANCE Effective: February 1, 2007 Revised: August 1, 2007 All references to Sections or Articles in this specification shall be construed to mean specific Section or Article of the Standard Specifications for Road and Bridge Construction, adopted by the Department of Transportation. The Contractor shall name the following entities as additional insured under the Contractor's general liability insurance policy in accordance with Article 107.27: Metropolitan Water Reclamation District of Greater Chicago Village of Mount Prospect River Trails Park District Christopher B. Burke Engineer, Ltd. Testing Services Corporation The entities listed above and their officers, employees, and agents shall be indemnified and held harmless in accordance with Article 107.26. Bid Book Page 323 BID FORM Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect Department of Public Works FROM: (hereinafter called "Bidder") TO: Office of the Village Manager, 3rd Floor 50 South Emerson Street Mount Prospect, Illinois 60056 (hereinafter called "Village" or "Village of Mount Prospect") Bid For: Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project The bidders have familiarized themselves with the work and probable work conditions required under this Bid affecting the cost of the work and with the Bid Documents which include: Notice to Bidders Table of Contents Instructions for Bidders General Conditions and Special Provisions Specifications Bid Form Affidavit — Bid Certification Form Bid Security Bid Sheet — 2013 Drainage Improvements Project Contract Document Labor and Materials Payment bond form Performance Bond Form Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor, materials, tools appurtenances, equipment, and services (including all utility and transportation services) required to construct and complete the Work, all in accordance with the above listed documents. Bidder agrees to perform all of the Work and provide the equipment and materials described in the Bid Documents, as follows: Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Nd ;I Bid Book Page 324 l5s'(JC0Irl°a I::" pg , Bidder has bid on all items and has provided a price for all items. The Bidder acknowledges that it is responsible for verification of all pipe sizes and depths prior to the ordering of materials. The Bidder will complete and provide all labor, equipment, materials and mobilization (if applicable) to perform the Work as incidental to the fixed item price for each item proposed. In submitting this bid, the Bidder understands that the Village of Mount Prospect reserves the right to add to or subtract from the estimated quantities. Alternate Bid project. This project has alternate bids. All alternates shall be bid, or bid shall be rejected and retuned. The Village may award Base Bid + Alternate A, or Base Bid + Alternate B. Base Bid: all work not included in Alternate A or in Alternate B. Alternate A: Water Main Connection Items connecting proposed irrigation system to existing private water main [shown in plans and schedule of prices under "Alternate A" heading]. Alternate B: Water Well Connection Items connecting proposed irrigation system to proposed water well [shown in plans and schedule of prices under "Alternate B" heading]. The Village of Mount Prospect intends to award one (1) contract (if at all) for the items bid. If written notice of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the prescribed form and furnish payment and performance bonds, or letter of credit, and the insurance certificates required by the Bid Documents to the Village within ten (10) days after receipt. The Bidder, and as successful bidder/Contractor upon award of the Contract understands and agrees to the following: 1) The Contractor agrees to provide all Work and items and material to the Village as noted in the Bid Documents and comply with the requirements of the Bid Documents. 2) The Contractor agrees to comply with all applicable state and federal laws, rules and regulations, and county and municipal ordinances, as described in the General Conditions. Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project 1`i d -';1 Bid Book Page 325 l31'klICtl nnII::` pIe ; All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces provided below: Addendum Addendum Acknowledgement by Bidder or Date No. Date Authorized Representative Acknowledged Failure to acknowledge receipt, as provided above, may be considered sufficient grounds for disqualification of the bidder and rejection of his/her bid submittal. A record of all Addenda and copies of same will be available to all qualified bidders from the Village of Mount Prospect Public Works Department, 1700 West Central Road, Mount Prospect, Illinois two (2) days prior to the letting. It shall be the bidder's responsibility to become fully advised of all Addenda prior to submitting its bid. Upon award the contract the Village will send Notice of Award to the successful bidder, the bidder must then execute the contract and provide the required bonds or letter of credit and certificate of insurance to the Village within ten (10) days. The Village will then issue a written Notice to Proceed, which starts the performance period and the contractor then has ten (10) days to commence work. The contractor shall reach substantial completion by May 22, 2020 (the Substantial Performance Date"). Substantial Performance is when the entire Project can be used for the purposes for which it was intended. Substantial Performance shall include all work except "DETENTION BASIN MAINTENANCE", "TEMPORARY CHAIN LINK FENCE, 8' ", "MAINTENANCE OF TEMPORARY CHAIN LINK FENCE, 8' ", and work associated with guarantees/warranties, and punchlist items associated with these items. Final completion shall be June 11, 2021 (the "Final Performance Date"). Failure to complete the work in the designated time frame may result in the Director of Public Works withholding compensation due the contractor for failure to complete the said work in the designated time frame, calling the bonds, or taking such other action as may be available. Security in the sum of ten (10%) percent of the Base Bid + Alternate B amount bid in form of (check one): Bid Bond Certified Check Bank Cashier's Check is attached hereto in accordance with the "Instructions for Bidders". Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project i r} ' f Bid Book Page 326 This Bid Submittal contains the following: 1) Bid Form 2) Affidavit — Bid Certification Form 3) Bid Security 4) BID SHEET(S) — Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Respectfully submitted: Name of Firm/Bidder: By: (Signature) Title: Date: Contact Information: Official Address: Telephone: Email: ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEETS (Pages 42-53) ALONG WITH THE AFFIDAVIT — BID CERTIFICATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE TO VILLAGE OF MOUNT PROSPECT. Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project 1`i d -';1 Bid Book Page 327 AFFIDAVIT— BID CERTIFICATION FORM Bidder: Company/Firm Name: Address: As a condition of entering into a contract with the Village of Mount Prospect, and under oath and penalty of perjury and possible termination of contract rights and debarment, the undersigned, being first duly sworn on oath, deposes and states that he or she is (sole owner, partner, joint ventured, President, Secretary, etc.) of and has the authority to make all (Name of Company) certifications required by this affidavit. Section I Non Collusion The undersigned certifies that this bid is genuine and not collusive or a sham, that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, to fix the bid price element of this bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. Section II Bid Rigging and Rotating The undersigned further states that (Name of Company) is not barred from bidding or contracting as a result of a conviction for violations of state laws prohibiting bid rigging or bid rotating or any similar offense of any state of the United States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILCS 5/33E-3, 33E-4. Section III Drug Free Workplace The undersigned further states that (Name of Company) provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 1 LCS 580/1, et seq., and has, to the extent not covered by a collective bargaining that deals with the subject of the Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq., a substance abuse prevention program that meets or exceeds these requirements of that Act. Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project 1`i d -';1 Bid Book Page 329 AFFIDAVIT— BID CERTIFICATION FORM Section IV Tax Payment The undersigned further states that is (Name of Company) not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action. Section V Sexual Harassment Policy Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a public contract must: "Have written sexual harassment policies that shall include, at a minimum, the following information: (1) the illegality of sexual harassment; (11) the definition of sexual harassment under State law; (III) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; (V) the legal recourse, investigative and complaint process available through the Department (of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how to contact the Department and Commission; and (VII) protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human Rights Act)." A"public contract" includes: ...every contract to which the State, any of its political subdivisions or any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002), The undersigned further states that has (Name of Company) a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A) (4). It is expressly understood the foregoing statements and representations and promises are made as a condition to the right of the bidder to receive payment under any award made under the terms and provisions of this bid. The undersigned certifies that all information contained in this Affidavit is true and correct. Signed by: Title: Signature Name Printed: Signed and sworn to before me this day of 20_. My commission expires: Notary Public Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project J11111 I.Ij Bid Book Page 331 BID SECURITY Included with this bid is a bank cashier's check, certified check or bid bond in the amount of , being ten percent (10%) of the total amount bid for Base Bid + Alternate B. by , the Bidder, in favor of the Village of Mount Prospect. It is hereby agreed that, should Bidder be awarded the Work contemplated under this bid and fail or refuse to execute a contract for said Work, or to provide the required payment and performance bonds, or letter of credit, and certificate of insurance, then this security, in the amount stipulated above, shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening date. SUBMITTED THIS DAY OF , 2019. SEAL (if corporation) Bidder: Bidder's Agent and Agent's Title Title Note: If bidder is a partnership, the bid must be signed by at least two of the partners. Note: If bidder is a corporation, the bid must be signed by an authorized officer of the corporation, attested and sealed by the secretary or other authorized officer. If a corporation, note here the state of incorporation: Incorporated under the laws of the State of Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project 1`i d -';1 Bid Book Page 333 BID SHEET Alternate Bid project. This project has alternate bids (Base, Alternate A, and Alternate B). All alternates shall be bid, or bid shall be rejected and retuned. The Village may award Base Bid + Alternate A, or Base Bid + Alternate B. Base Bid: all work not included in Alternate A or in Alternate B. Alternate A: connecting proposed irrigation system to existing private water main [shown in plans and schedule of prices under "Water Main Connection Items" heading]. Alternate B: connecting proposed irrigation system to proposed water well [shown in plans and schedule of prices under "Water Well Connection Items" heading]. Base Bid REF PAY ITEM DESCRIPTION UNIT QUANTITY UNIT BASE BID NO COST SUBTOTAL TREE REMOVAL(6 TO 15 UNITS 1 20100110 DIAMETER) UNIT 154 TREE REMOVAL(OVER 15 UNITS 2 20100210 DIAMETER) UNIT 82 3 20101000 TEMPORARY FENCE FOOT 400 4 20101200 TREE ROOT PRUNING EACH 2 5 20200100 EARTH EXCAVATION CU YD 36917 6 21101505 TOPSOIL EXCAVATION AND PLACEMENT CU YD 3265 LOW MAINTENANCE TURFGRASS 7 2500011X (BUFFALO GRASS BOWIE) ACRE 0.99 8 2500031X SEEDING,BALLFIELD MIX ACRE 3.22 9 20101400 NITROGEN FERTILIZER NUTRIENT POUND 403 10 20101600 POTASSIUM FERTILIZER NUTRIENT POUND 403 11 25100630 EROSION CONTROL BLANKET SQ YD 21635 12 25200200 SUPPLEMENTAL WATERING UNIT 3 13 28000250 TEMPORARY EROSION CONTROL SEEDING POUND 894 14 28000305 TEMPORARY DITCH CHECKS FOOT 84 15 28000400 PERIMETER EROSION BARRIER FOOT 2989 16 28000510 INLET FILTERS EACH 29 17 35101582 AGGREGATE BASE COURSE,TYPE B 2" SQ YD 523 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project i d I Bid Book Page 335 REF PAY ITEM DESCRIPTION UNIT QUANTITY UNIT BASE BID NO COST SUBTOTAL HOT-MIX ASPHALT BINDER COURSE,IL- 18 40603080 19.0,N50 TON 48 HOT-MIX ASPHALT SURFACE COURSE, 19 40603335 MIX"D",N50 TON 29 INCIDENTAL HOT-MIX ASPHALT 20 40800050 SURFACING TON 10 PORTLAND CEMENT CONCRETE 21 42300200 DRIVEWAY PAVEMENT,6 INCH SQ YD 10 PORTLAND CEMENT CONCRETE 22 42400200 SIDEWALK 5 INCH SQ FT 6897 23 42400800 DETECTABLE WARNINGS SQ FT 20 24 44000200 DRIVEWAY PAVEMENT REMOVAL SQ YD 10 COMBINATION CURB AND GUTTER 25 44000500 REMOVAL FOOT 62 26 44000600 SIDEWALK REMOVAL SQ FT 3926 27 44201323 CLASS C PATCHES,TYPE IV,7 INCH SQ YD 1434 PRECAST REINFORCED CONCRETE FLARED 28 54213699 END SECTIONS 54" EACH 1 REINFORCED CONCRETE PIPE TEE,54" 29 5421847x PIPE WITH 36" RISER EACH 6 REINFORCED CONCRETE PIPE TEE AND 30 5421848X PIPE ELBOW,54" PIPE WITH 36" RISER EACH 6 31 550A0040 STORM SEWERS,CLASS A,TYPE 1 10" FOOT 24 32 550A0050 STORM SEWERS,CLASS A,TYPE 1 12" FOOT 3 33 550AOOXX STORM SEWERS,CLASS A,TYPE 1 8" FOOT 28 34 550A0200 STORM SEWERS,CLASS A,TYPE 1 54" FOOT 38 35 550A0340 STORM SEWERS,CLASS A,TYPE 2 12" FOOT 16 36 550A0380 STORM SEWERS,CLASS A,TYPE 2 18" FOOT 48 37 550A0400 STORM SEWERS,CLASS A,TYPE 2 21" FOOT 19 38 550A0490 STORM SEWERS,CLASS A,TYPE 2 54" FOOT 1085 39 55080050 STORM SEWERS,CLASS B,TYPE 1 12" FOOT 1241 40 55100300 STORM SEWER REMOVAL 8" FOOT 132 41 55100400 STORM SEWER REMOVAL 10" FOOT 367 42 55100500 STORM SEWER REMOVAL 12" FOOT 86 43 55100700 STORM SEWER REMOVAL 15" FOOT 8 44 55101100 STORM SEWER REMOVAL 21" FOOT 8 45 55102000 STORM SEWER REMOVAL 54" FOOT 8 46 56106400 ADJUSTING WATER MAIN 8" FOOT 24 47 59300100 CONTROLLED LOW-STRENGTH MATERIAL CU YD 74 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project f;i d aI Bid Book Page 337 REF PAY ITEM DESCRIPTION UNIT QUANTITY UNIT BASE BID NO COST SUBTOTAL 48 60100080 FRENCH DRAINS CU YD 27 49 60108100 PIPE UNDERDRAINS 4" (SPECIAL) FOOT 376 50 60108204 PIPE UNDERDRAINS,TYPE 2,4" FOOT 8486 CLEANOUTS AT PIPE UNDERDRAINS 4" 51 601081 XX (SPECIAL) EACH 47 CATCH BASINS,TYPE A,4'-DIAMETER, 52 60200805 TYPE 8 GRATE EACH 10 53 60207605 CATCH BASINS,TYPE C,TYPE 8 GRATE EACH 1 MANHOLES,TYPE A,5'-DIAMETER,TYPE 1 54 60221100 FRAME,CLOSED LID EACH 1 55 60234200 INLETS,TYPE A,TYPE 1 FRAME,OPEN LID EACH 1 56 60500040 REMOVING MANHOLES EACH 1 57 60500050 REMOVING CATCH BASINS EACH 5 COMBINATION CONCRETE CURB AND 58 60603800 GUTTER,TYPE B-6.12 FOOT 62 59 60801012 FLAP GATE 12" EACH 2 60 67100100 MOBILIZATION L SUM 1 SHRUB,BUXUS MICROPHYLLA WINTERGREEN (WINTERGREEN LITTLELEAF 61 C2C01024 BOXWOOD),2' HEIGHT,CONTAINER EACH 31 62 X0324878 SANITARY SERVICE ADJUSTMENT EACH 5 63 X0426200 DEWATERING L SUM 1 64 X1200087 JUNCTION CHAMBER NO. 1 EACH 1 65 X1200214 JUNCTION CHAMBER NO. 2 EACH 1 66 X2080250 TRENCH BACKFILL,SPECIAL CU YD 2393 67 X2200018 ORNAMENTAL FENCE FOOT 153 68 X2500322 SEEDING,CLASS 5A,(MODIFIED) ACRE 0.26 ABANDON AND FILL EXISTING STORM 69 X5509900 SEWER FOOT 778 70 X5620128 ADJUSTING WATER SERVICE LINES EACH 5 TRAFFIC CONTROL AND PROTECTION, 71 X7010218 (SPECIAL) L SUM 1 72 XX005953 TEMPORARY CHAIN LINK FENCE,8' FOOT 2250 MAINTENANCE OF TEMPORARY CHAIN 73 XX005953 LINK FENCE,8' WEEK 55 GEOBLOCK POLYETHYLENE POROUS 74 XX007839 PAVEMENT SYSTEM SQ YD 94 75 XX008195 EXPLORATION EXCAVATION (UTILITY) FOOT 24 76 Z0013797 STABILIZED CONSTRUCTION ENTRANCE SQ YD 50 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project f;i d aI Bid Book Page 339 REF PAY ITEM DESCRIPTION UNIT QUANTITY UNIT BASE BID NO COST SUBTOTAL 77 Z0013798 CONSTRUCTION LAYOUT L SUM 1 78 ZZZ01 INFIELD,FURNISH AND PLACE SQ YD 2849 79 ZZZ02 BALL FIELD BACKSTOP AND FENCES EACH 2 80 ZZZ03 ASPHALT PATH REMOVAL SQ YD 353 81 ZZZ04 BIOSOLIDS,DELIVER AND PLACE,1-1/2" SQ YD 14147 82 ZZZ05 RAILINGS FOR STAIRS AND RAMPS FOOT 247 TREES,DECIDUOUS,2.5" BALLED& 83 ZZZ06 BURLAPPED EACH 16 84 ZZZ07 STAIRS EACH 4 85 ZZZ08 PLAYERS BENCH EACH 8 86 ZZZ09 SEGMENTAL BLOCK WALL SYSTEM SQ FT 7878 87 ZZZ10 PAVER STRIP AT WALL SQ FT 1245 88 ZZZ11 AS-BUILT DRAWINGS L SUM 1 89 ZZZ12 ITEMS AS ORDERED BY THE ENGINEER EACH 29500 $1.00 $29,500.00 90 ZZZ13 DETENTION BASIN MAINTENANCE L SUM 1 91 ZZZ14 TREE RELOCATION, UNDER 18" EACH 5 92 ZZZ15 TREE RELOCATION, 18"AND OVER EACH 8 BAR GRATE FOR PRECAST REINFORCED 93 ZZZ16 CONCRETE FLARED END SECTIONS 54" L SUM 1 BASIN ON-LINE DRAINAGE STRUCTURE, 94 ZZZ17 BURIED LID EACH 26 IRR-BASE- 95 001 ROTARY SPRINKLERS,80' RAD. @ 90 PSI EACH 20 IRR-BASE- AUTOMATIC ELECTRIC CONTROL VALVES 96 002 (AECV) EACH 6 IRR-BASE- 97 003 4" MANUAL ISOLATION VALVES EACH 4 IRR-BASE- 12"x12"x18"D COMPOSITE CONCRETE 98 004 HANDHOLE,TIER 8(MIV+QC) EACH 14 IRR-BASE- 11"x17"x18"D COMPOSITE CONCRETE 99 005 HANDHOLE,TIER 15(AECV) EACH 6 IRR-BASE- 100 006 1"SDR 21 HDPE SPRINKLER PIPING FOOT 400 IRR-BASE- 101 007 3"SDR 21 HDPE SPRINKLER PIPING FOOT 2000 IRR-BASE- 102 008 4"SDR 21 HDPE SPRINKLER PIPING FOOT 2400 IRR-BASE- 103 009 QUICK COUPLER EACH 10 IRR-BASE- IRRIGATION CONTROLLER,RAIN GAUGE& 104 010 SENSORS L SUM 1 IRR-BASE- 105 011 IRRIGATION CONTROL WIRE L SUM 1 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project f;i d aI Bid Book Page 341 Alternate B Bid REF PAY ITEM DESCRIPTION UNIT QUANTITY UNIT ALTERNATE B NO COST SUBTOTAL WELL DRILLING-SHALLOW- 114 IRR-ALTB-20 MOBILIZATION LSUM 1 WELL DRILLING-SHALLOW- 18-INCH 115 IRR-ALTB-21 CASING AND HOLE FOOT 95 WELL DRILLING-SHALLOW- 17-INCH 116 IRR-ALTB-22 OPEN HOLE FOOT 3 WELL DRILLING-SHALLOW- 12-INCH 117 IRR-ALTB-23 CASING FOOT 100 WELL DRILLING-SHALLOW- 12-INCH 118 IRR-ALTB-24 CEMENTING SHOE LSUM 1 WELL DRILLING-SHALLOW- 119 IRR-ALTB-25 CEMENTING EQUIPMENT LSUM 1 WELL DRILLING-SHALLOW- NEAT 120 IRR-ALTB-26 CEMENT SACKS 100 WELL DRILLING-SHALLOW- 12-INCH 121 IRR-ALTB-27 OPEN HOLE FOOT 180 WELL DRILLING-SHALLOW-FURNISH, 122 IRR-ALTB-28 INSTALL AND REMOVE TEST PUMP LSUM 1 123 IRR-ALTB-29 WELL DRILLING-SHALLOW-TEST WELL HOURS 24 WELL DRILLING-SHALLOW-FURNISH, INSTALL AND TEST PITLESS ADAPTER(12- 124 IRR-ALTB-30 INCH) LSUM 1 WELL DRILLING-SHALLOW- 125 IRR-ALTB-31 PLUMBNESS AND ALIGNMENT LSUM 1 WELL DRILLING-SHALLOW-WATER 126 IRR-ALTB-32 QUALITY TESTING LSUM 1 WELL DRILLING-SHALLOW-WELL 127 IRR-ALTB-33 DISINFECTION LSUM 1 128 IRR ALTB 34 WELL DRILLING-DEEP-MOBILIZATION LSUM 1 WELL DRILLING-DEEP-12-INCH OPEN 129 IRR-ALTB-35 HOLE(278 TO 410) FOOT 132 WELL DRILLING-DEEP-10-INCH CASING 130 IRR-ALTB-36 (+2 TO 410) FOOT 412 WELL DRILLING-DEEP-10-INCH 131 IRR-ALTB-37 CEMENTING SHOE LSUM 1 WELL DRILLING-DEEP-CEMENTING 132 IRR-ALTB-38 EQUIPMENT LSUM 1 133 IRR_ALTB_39 WELL DRILLING-DEEP-NEAT CEMENT SACKS 100 WELL DRILLING-DEEP-10-INCH OPEN 134 IRR-ALTB-40 HOLE(410-1,000) FOOT 590 WELL DRILLING-DEEP-FURNISH, 135 IRR ALTB 41 INSTALL AND REMOVE TEST PUMP LSUM 1 136 IRR_ALTB_42 WELL DRILLING-DEEP-TEST WELL HOURS 24 WELL DRILLING-DEEP-FURNISH, INSTALL AND TEST PITLESS ADAPTER(10- 137 IRR-ALTB-43 INCH) LSUM 1 WELL DRILLING-DEEP-PLUMBNESS 138 IRR-ALTB-44 AND ALIGNMENT LSUM 1 WELL DRILLING-DEEP-WATER 139 IRR-ALTB-45 QUALITY TESTING LSUM 1 WELL DRILLING-DEEP-WELL 140 IRR-ALTB-46 DISINFECTION LSUM 1 WELL PUMP-SHALLOW-40 HP, 30/60HZ/460V,3500 RPM SUBMERSIBLE 141 IRR-ALTB-47 MOTOR LSUM 1 WELL PUMP-SHALLOW-SUBMERSIBLE 142 IRR ALTB 48 WELL PUMP LSUM 1 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project f;i d aI Bid Book Page 345 REF PAY ITEM DESCRIPTION UNIT QUANTITY UNIT ALTERNATE B NO COST SUBTOTAL WELL PUMP-SHALLOW-4" BLACK PIPE, 143 IRR_ALTB_49 COATED FOOT 250 WELL PUMP-SHALLOW-#4 144 IRR_ALTB_50 SUBMERSIBLE CABLE FOOT 260 WELL PUMP-SHALLOW-4-INCH CHECK 145 IRR_ALTB_51 VALVE EACH 2 WELL PUMP-SHALLOW-AIRLINE,TAPE 146 IRR_ALTB_52 &BANDING LSUM 1 WELL PUMP-SHALLOW- PRESSURE 147 IRR_ALTB_53 TRANSDUCER&PIPE FOOT 250 WELL PUMP-SHALLOW- MOTOR 148 IRR_ALTB_54 STARTER,CONTROLLER,&VFD LSUM 1 WELL PUMP-SHALLOW-WELL PUMP 149 IRR_ALTB_55 INSTALLATION LSUM 1 WELL PUMP-SHALLOW-START-UP& 150 IRR_ALTB_56 INSTRUCTION DAY 1 WELL PUMP-SHALLOW-COM ED ELECTRICAL SERVICE INSTALLATION TO 151 IRR_ALTB_57 WELL PUMP LSUM 1 WELL PUMP-SHALLOW- PROVIDE AND 152 IRR_ALTB_58 INSTALL HYDROPNEUMATIC TANK LSUM 1 WELL PUMP-SHALLOW- PROVIDE AND 153 IRR_ALTB_59 INSTALL WELL SHED LSUM 1 WELL PUMP-DEEP- 125 HP, 30/60HZ/460V,3500 RPM SUBMERSIBLE 154 IRR_ALTB_60 MOTOR LSUM 1 WELL PUMP-DEEP-SUBMERSIBLE 155 IRR_ALTB_61 WELL PUMP LSUM 1 WELL PUMP-DEEP-4" BLACK PIPE, 156 IRR_ALTB_62 COATED FOOT 900 WELL PUMP-DEEP-#4/0 SUBMERSIBLE 157 IRR_ALTB_63 CABLE FOOT 950 WELL PUMP-DEEP-4-INCH CHECK 158 IRR_ALTB_64 VALVE EACH 3 WELL PUMP-DEEP-AIRLINE,TAPE& 159 IRR_ALTB_65 BANDING LSUM 1 WELL PUMP-DEEP-PRESSURE 160 IRR_ALTB_66 TRANSDUCER&PIPE FOOT 900 WELL PUMP-DEEP-MOTOR STARTER, 161 IRR_ALTB_67 CONTROLLER,&VFD LSUM 1 WELL PUMP-DEEP-WELL PUMP 162 IRR_ALTB_68 INSTALLATION LSUM 1 WELL PUMP-DEEP-START-UP& 163 IRR_ALTB_69 INSTRUCTION DAY 1 WELL PUMP-DEEP-COM ED ELECTRICAL SERVICE INSTALLATION TO 164 IRR_ALTB_70 WELL PUMP LSUM 1 WELL PUMP-DEEP-PROVIDE AND 165 IRR_ALTB_71 INSTALL HYDROPNEUMATIC TANK LSUM 1 WELL PUMP-DEEP-PROVIDE AND 166 IRR_ALTB_72 INSTALL WELL SHED LSUM 1 WELL DRILLING-SHALLOW- 114 IRR_ALTB_20 MOBILIZATION LSUM 1 WELL DRILLING-SHALLOW- 18-INCH 115 IRR ALTB 21 CASING AND HOLE FOOT 95 ALTERNATE B PRICE (the sum of extensions of the Alternate B Schedule of Prices): Dollars and Cents (In writing) (In writing) Dollars and Cents (In figure) (In figure) Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Hi(} "l Bid Book Page 347 SUMMARY OF PRICES: BASE BID CONTRACT PRICE(the sum of extensions of the Schedule of Prices): Dollars and Cents (In writing) (In writing) Dollars and Cents (In figure) (In figure) BASE BID+ALTERNATE A CONTRACT PRICE(the sum of extensions of the Schedule of Prices): Dollars and Cents (In writing) (In writing) Dollars and Cents (In figure) (In figure) BASE BID+ALTERNATE B CONTRACT PRICE(the sum of extensions of the Schedule of Prices): Dollars and Cents (In writing) (In writing) Dollars and Cents (In figure) (In figure) Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project fri Bid Book Page 349 CONTRACT THIS Contract (hereinafter the "Contract") is entered into on this — day of , 20 , by and between the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation (hereinafter the "Village"), and , an (hereinafter the `Contractor") (Village and Contractor sometimes referred to individually as "Party" and collectively as "Parties"), WHEREAS, the Village has solicited competitive bids for its "Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project"; and WHEREAS, the Contractor submitted a bid to perform the work associated with the Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project (hereinafter the "Bid"); and WHEREAS, upon its review of the submitted bids, the Village has awarded the contract to perform the work associated with the Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project to the Contractor, subject to the execution of this Contract; NOW, THEREFORE, for and in consideration of their mutual promises, covenants, undertakings and agreements, the parties agree as follows: ARTICLE I — CONTRACT DOCUMENTS This Contract is subject to the terms and conditions set forth in the Contract Documents, which are incorporated herein as if fully set forth, and include the following Bid Documents with Bidder's/Contractor's Bid Submittals prioritized to be included in number 6*: 1. Notice to Bidders 2. Table of Contents 3. Instructions to Bidders 4. General Conditions and Special Provisions 5. Specifications 6. Bid Submittals, including Bid Form, Affidavit— Bid Certification Form, Bid Security, Bid Sheet (*Bidder's/Contractor's completed Bid Submittals) 7. Other materials or standards provided or noted by the Village 8. Contract 9. Applicable performance and labor and materials payment bonds, or letter of credit. (Collectively the "Contact Documents") ARTICLE II — PERFORMANCE BY CONTRACTOR 1. The Contractor agrees to perform the work, including all labor, materials, equipment and services, in accordance with the terms and conditions set forth in the Contract Documents (hereinafter the "Work"). Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project J11111 I.Ij Bid Book Page 351 2. The Contractor acknowledges that the Village reserves the right to add to or subtract from the estimated quantities. 3. The Contractor certifies that it will comply with all state and federal laws and regulations, and county and municipal ordinances, as set forth in the General Conditions. ARTICLE III — PERFORMANCE BY VILLAGE The Village agrees to pay the Contractor for its performance of the Work in the manner and amount provided in the Contract Documents. ARTICLE IV - CONFLICT BETWEEN CONTRACT DOCUMENTS In the event of a conflict between any Contract Document and the terms of this Contract, the Contract shall control to the extent of the conflict. In the event of any other conflict between Contract Documents, the preceding Document shall govern to the extent of the conflict based upon the order of priority set forth in Article I of this Contract, unless otherwise specifically stated. ARTICLE V— COMMENCEMENT AND COMPLETION OF WORK After the written Notice to Proceed is issued by the Village, which will start the performance period, the Contractor then has 10 days to commence work. The Contractor shall achieve substantial performance by May 22, 2020 (the "Substantial Performance Date"). Substantial Performance is when the entire Project can be used for the purposes for which it was intended. Substantial Performance shall include all work except "DETENTION BASIN MAINTENANCE", "TEMPORARY CHAIN LINK FENCE, 8' ", "MAINTENANCE OF TEMPORARY CHAIN LINK FENCE, 8' ", and work associated with guarantees/warranties, and punchlist items associated with these items. Final completion shall be June 11, 2021 (the "Final Performance Date"). The Contractor shall commence performance of the Work and complete performance of the Work, in accordance with the schedule set forth in the Contract Documents, but in no event shall any Work be performed prior to the Village's receipt of this Contract, executed by Contractor, and the Village's acceptance and approval of the payment and performance bonds, or letter of credit, and certificate of insurance required by the Contract Documents. ARTICLE V— NOTICE Unless otherwise provided, all notices required under this Contract shall be made in writing and addressed or delivered as follows: TO THE VILLAGE OF MOUNT PROSPECT- The Village of Mount Prospect 1700 West Central Road Mount Prospect, Illinois 60056 ATTN: Director of Public Works Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Nd d aI Bid Book Page 352 TO CONTRACTOR- at the address set forth on the Bid Form, or: Notices shall be deemed effective when received by personal service or registered or certified U.S. mail, postage prepaid and receipt requested, to the address so specified. Either Party may, by written notice to the other, change its own mailing address. ARTICLE VI — PRIOR AGREEMENTS: SUCCESSORS This Contract supersedes all previous agreements, understandings and representations of any nature whatsoever, whether oral or written, and constitutes the entire understanding between the Parties. The terms of this Contract shall be binding upon and inure to the benefit of the parties and the partners and officials, successors in interest, executors, administrators, assigns and representatives and their respective successors and assigns, provided, however, that the Contractor shall not assign, sublet or transfer any rights or interest in this Agreement in whole or in part without the prior written approval of the Village, except to the extent that the Contract Documents provide otherwise. ARTICLE VII - DEFAULT BY CONTRACTOR If the Contractor fails to begin the Work under the Contract within the time specified, or fails to perform the Work in accordance with the terms of the approved schedule or performs the Work in a manner unacceptable to the Village, or neglects or refuses to remove materials or perform anew such Work as has been rejected by the Village, or if the Contractor shall become insolvent or be declared bankrupt, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall fail to carry on the Work in a manner required by the Contract, the Village shall give notice as hereinafter provided to the Contractor and its surety in writing specifying such failure, delay, neglect, refusal or default, and if the Contractor, within a period of ten (10) calendar days after the giving of such notice, shall not proceed in accordance therewith, then the Village shall have full power and authority to declare the this Contract and the Contractor in default, and to forfeit the rights of the Contractor in this Contract. Upon declaration of Contractor's default, the Village may, at its option, call upon the surety to complete the Work in accordance with the terms of this Contract or may take over the Work, including any materials on the Work site as may be suitable and acceptable to the Village and may complete the Work by its own forces or on its own account, or may enter into a new contract or contracts for the completion of the Work, or may use such other methods as shall be required for the completion of the Work in an acceptable manner as the Village may in its discretion determine. All costs and charges incurred by the Village, together with the cost of completing the Work shall be deducted from any moneys due or which may become due on this to the Contractor under this Contract. Following any payment due and received by the Village from the Contractor's surety following default, if the expense so incurred by the Village is less than the sum paid to the Village by the surety under this Contract for work remaining, the surety shall be entitled to receive the excess difference paid to the Village. When such Contractor default costs incurred by the Village exceeds the sum paid to the Village for the work remaining under the Contract the Contractor and the Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Nd d aI Bid Book Page 353 surety shall be liable and shall pay to the Village the full cost of such additional expenses. ARTICLE VIII - DEFAULT BY VILLAGE In the event of a material default by the Village under this Contract, the Village shall have sixty (60) days, from notice thereof by Contractor, to cure the default prior to Contractor's termination of this Contract. The failure to pay a contested invoice shall not be considered a material default. Upon termination, the Village shall be responsible to pay any uncontested payments due for work performed. ARTICLE IX—VENUE The parties hereto agree that for purposes of any lawsuit(s) between them concerning this Agreement, its enforcement, or the subject matter thereof, venue shall be in Cook County, Illinois, and the laws of the State of Illinois shall govern the cause of action. ARTICLE X - SEVERABILITY OF CONTRACT If any term of this Contract is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the Contract terms will remain in full force and effect and will not be affected. ARTICLE XI - CUMULATIVE REMEDIES The exercise or failure to exercise any legal rights and remedies associated with any act of default or breach hereunder by either Party will not constitute a waiver or forfeiture of any other rights and remedies, and will be without prejudice to the enforcement of any other right or remedy available by law or authorized by this Contract. ARTICLE XII - COMPLIANCE WITH LAWS Each party to this Contract will comply with all applicable state and federal laws and regulations, and county and municipal ordinances and regulations. ARTICLE XIII - DISPUTE RESOLUTION Should a dispute arise between the Village and the Contractor as to the terms and conditions of the Contract, or the responsibilities, limitations, or working relations of either Party, the designated project personnel will make every reasonable effort to resolve the difference in accordance with the terms and conditions of the Contract. If a dispute continues despite these efforts, it shall be referred to the Parties' Project Managers. If the above action fails to resolve the dispute, the Parties may, by agreement, elect to resolve the dispute through a mediation process. Each Party shall bear its own costs in preparing and conducting mediation, except that the costs, if any, of the actual mediation proceeding shall be shared equally by the Parties. The mediation process is defined as follows: The Parties shall select a mutually agreeable mediator from American Arbitration Association lists or any other agreeable list to aid the Parties in resolving the dispute. The mediator shall not be an employee or former employee of either Party. The first meeting shall be held at a location chosen by the Village. At the meetings, each Party Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project 1`i d -';1 Bid Book Page 354 may present materials and/or arguments to the mediator. The mediator's decision shall be not being binding upon either Party. In the event that the foregoing steps fail to resolve the dispute, either Party may bring suit in the Circuit Court of Cook County, Illinois. ARTICLE XIV -ASSIGNMENT No rights or interest in this Contract may be assigned by Contractor without prior written notice being provided by Contractor to the Village and the Village's written approval. The Village shall not unreasonably withhold its approval of such assignment. In the event of an assignment, the Contractor shall not be relieved of its obligations under the Contract unless agreed to by the Village, at its sole discretion. ARTICLE XV - RECRUITING The Parties shall not, without the consent of the other Party, entice, encourage, offer special inducements, or otherwise recruit employees of the other Party during the period of this Contract and for a period of one (1) year thereafter. This clause is not intended to restrict any individual's right of employment but rather is intended to preserve the relationship intended under this Contract and to prevent the Parties from actively recruiting the employees of the other Party. ARTICLE XVII - COUNTERPARTS This Contract may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same agreement. ARTICLE XVIII - ENFORCEABILITY If any provision of this Contract is found to be invalid, illegal or unenforceable, that provision shall be severable from the rest of this Contract and the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired. ARTICLE XIX - EFFECTIVE DATE The effective date of this Contract shall be the date of the last signature executing the Contract (hereinafter referred to as the "Effective Date"). ARTICLE XX -ADVERTISEMENT Contractor shall not use, in its advertising, marketing programs, or other promotional efforts, any data, pictures, or other representation of the Village, except with the specific written authorization in advance by the Village. ARTICLE XXI - CAPTIONS, HEADINGS The paragraph headings which appear herein are included solely for convenience and shall not be used in the interpretation of this Contract. ARTICLE XXII — ENTIRE AGREEMENT This Contract, consisting of the Contract Documents, constitutes the entire agreement between the Parties for the subject matter hereof and supersedes all prior arrangements, agreements, representations and undertakings, written or oral. This Contract may not be changed or modified except by a written instrument duly executed by each of the Parties hereto. Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project 1`i d -';1 Bid Book Page 355 IN WITNESS WHEREOF, the Parties hereto have executed this Contract. Contractor: VILLAGE OF MOUNT PROSPECT By: By: Title: Title: Date: Date: ATTEST: ATTEST: Title: Title: Date: Date: Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project J`i d -';1 Bid Book Page 356 VILLAGE OF MOUNT PROSPECT LABOR AND MATERIAL PAYMENT BOND Bond No. Principal Amount: Contract: KNOWN ALL MEN BY THESE PRESENTS, that the Village of Mount Prospect, an Illinois municipal corporation (hereinafter "Village"), has awarded to as Principal (hereinafter "Contractor"), a written agreement with the Village dated (hereinafter "Contract"), for in accordance with the drawings and specifications prepared by: (Village of Mount Prospect or architect/engineer), which Contract is incorporated herein and made a part hereof; and WHEREAS, the Contractor is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, workmen, mechanics, material suppliers, and other persons as provided by law; NOW, THEREFORE, we, the undersigned Contractor and with main office at as Surety, are held and firmly bound unto the Village in the penal sum of Dollars ($ ), lawful money of the United States, for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these present. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor shall fully, promptly pay for all laborers, workmen and mechanics engaged in the work under the Contract, and not less than the general prevailing rate of hourly wages as required by the Contract and the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., and for all material used or reasonably required for use in the performance of the Contract, and all duly authorized modifications, alterations, changes or additions to Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project i d ' I Bid Book Page 357 said Contract as may hereafter be made, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject to the following conditions:. 1. A "Claimant" is defined as any person, firm or corporation having contracts with Contractor or with a subcontractor of Contractor to furnish labor, materials, or both, for use in the performance of the Contract. "Labor and materials" is construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, rental of equipment, and any other items for which a mechanic's lien may be asserted. 2. Any person having a claim for labor and materials furnished in the performance of the Contract shall have no right of action unless he shall have filed a verified notice of such claim with the Village Clerk within 180 days after the date of the last items of work or the furnishing of the last item of materials, and filed a copy of that verified notice upon the Contractor within 10 days after the filing of the notice with the Village Clerk. Filing must be by personal service or United States Mail, postage prepaid, certified or restricted delivery, return receipt requested, limited to addressee. The notice shall contain 1) the name and address of the claimant; 2) the business address of the claimant within the State of Illinois, if any, or if the claimant be a foreign corporation having no place of business within the State, the principal place of business of the corporation, and in the case of partnership, the names and residences of each of the partners; 3) the name of the Contractor for the Village; 3) the name of the person, firm or corporation by whom the claimant was employed or to whom such claimant furnished materials; 4) a brief description of the public improvement for the construction or installation of which the Contract is to be performed; and 5) a description of Claimant's contract as it pertains to the public improvement describing the work done by the claimant and stating the total amount due and unpaid as of the date of the verified notice. No defect in the notice herein provided for shall deprive the claimant of its right of action under the terms and provision of this Bond unless it shall affirmatively appear that such defect has prejudiced the rights of an interested party asserting the same. 3. No action shall be brought on this Bond later than one year after the date of the last item of work or of the furnishing of the last item of materials. Such suit shall be brought only in the circuit court of the State in the judicial district in which the Contract is to be performed. 4. The Village shall not be liable for the payment of any costs or expenses of any such lawsuit, and the Village does not have any obligations to any Claimants who make claims on this Bond. Surety will pay for all such claims, and for all costs and expenses of any such lawsuit, up to a maximum of the amount of this Bond. Surety hereby expressly agrees that no extension of time, change, modification, alteration, deletion, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this Bond; and it does hereby waive notice of any such extension Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project 1`i d -';1 Bid Book Page 358 of time, change, modification, alteration, deletion, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder. Surety's obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, workmen, mechanics, material suppliers, and other persons in connection with the Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing the Village's rights against the others. Any payment by the Surety made in good faith pursuant to this Bond shall reduce the principal amount of this Bond. Signed and sealed this day of , 20 Contractor Surety By: By: Signature Officer Of The Surety Title Title ATTEST: Address: Corporate Secretary (corporations only) NOTARY STATE OF COUNTY OF I, a Notary Public in and for said county, do hereby certify that (Insert Name of Attorney-In-Fact for Surety) who is personally known to me to be the same person whose name is subscribed to the foregoing instrument on behalf of Surety, appeared before me this day in person and acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this day of , 20 Notary Signature: My Commission expires: (Attach Surety's Power of Attorney) Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project 1`i d -';1 Bid Book Page 359 VILLAGE OF MOUNT PROSPECT PERFORMANCE BOND Bond No. Principal Amount: Contract: KNOWN ALL MEN BY THESE PRESENTS, that Contractor ,as Principal (hereinafter "Contractor"), and , with main office at a corporation of the state of as Surety (hereinafter "Surety"), are held and firmly bound unto the Village of Mount Prospect, an Illinois municipal corporation (hereinafter "Village"), in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of which, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has entered into a written agreement with the Village dated , (hereinafter "Contract"), for the construction of in accordance with the drawings and specifications prepared by: (Village of Mount Prospect or architect/engineer), which Contract is incorporated herein and made a part hereof. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor shall fully, promptly and completely discharge the Contract and all duly authorized modifications, alterations, changes, or additions to said Contract as may hereafter be made, and during the life of any guaranty required under the Contract, and, if Contractor shall fully secure and protect the Village from all liability and from all loss or expense of any kind, including all court costs and attorneys' fees made necessary or arising from the failure, refusal or neglect of Contractor to comply with all obligations assumed by Contractor in connection with the performance of the Contract and all such modifications, alterations, changes, or additions, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Upon receipt of written notice from the Village that the Contractor is in default, and performance by the Village of its obligations under the Contract, Surety will promptly (1) remedy the default; (2) arrange for the performance of Contractor's obligations under the Contract through the use of qualified contractors acceptable to the Village; or (3) notify the Village that it may hire a contractor to complete Contractor's obligations under the Contract. Surety will promptly notify, in writing, the Village of which option it is exercising. Failure of the Surety to elect an option within fifteen (15) days of receipt of the notice from the Village shall constitute authorization to the Village to complete the improvements at Surety's expense. The balance of the contract price shall be credited against the cost of completing and/or correcting the Contractor's performance under the Contract. If the cost exceeds the balance of the contract price, the Surety shall pay the excess amount to the Village, up to a maximum of the principal amount of this Bond. If the Surety arranges for completion and/or correction or remedies the default, the balance of the contract price that is required to complete, correct or remedy the default shall be paid by the Village to Surety. Surety will be responsible, up to the maximum of the principal amount of this Bond, for payment for correction and completion of the Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project 1`i d -';1 Bid Book Page 360 Contract, any additional legal, design professional or delay costs arising from Contractor's default and/or resulting from action or inaction on the part of the Surety and liquidated damages, or, if no liquidated damages are provided for in the Contract, actual damages caused by delayed performance or non-performance by the Contractor or Surety. The Village shall not be required to pay Surety more than the balance of the contract price. The term "balance of the contract price" means the total amount payable by the Village to the Contractor under the contract, and any amendments thereto, less the amounts paid to the Contractor by the Village. Any suit under this Bond must be filed before the expiration of two years from the date on which final payment under the Contract is due or the applicable statute of limitations, whichever is longer. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Village or its heirs, executors, administrators or successors. Any proceeding, legal or equitable, under this Bond may be instituted in a court of competent jurisdiction in the location in which the work is located. Notice to any of the parties shall be mailed to the appropriate address listed above. Surety hereby waives notice of any modifications, alterations, changes, additions or extension of time in the Contract. Signed and sealed this day of 20 Contractor Surety By: By: Signature Officer Of The Surety Title Title ATTEST: Address: Corporate Secretary (corporations only) NOTARY STATE OF COUNTY OF I, a Notary Public in and for said county, do hereby certify that (Insert Name of Attorney-In-Fact for Surety) who is personally known to me to be the same person whose name is subscribed to the foregoing instrument on behalf of Surety, appeared before me this day in person and acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this day of 20 Notary Signature: My Commission expires: Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project 1'i d -';I Bid Book Page 361 ----------- ......... ......... BID SHEET Alternate Bid project, This project has alternate bids (Base, Alternate A, and Alternate B). All alternates shall be bid, or bid shall be rejected and retuned. The Village may award Base Bid + Alternate A, or Base Bid + Alternate B. Base Bid: all work not included in Alternate A or in Alternate B. Alternate A: connecting proposed irrigation system to existing private water main [shown in plans and schedule of prices under "Water Main Connection Items" heading]. Alternate B: connecting proposed irrigation system to proposed water well [shown in plans and schedule of prices under "Water Well Connection Items" heading]. Base Bid RUF PAY ITEM DESCRIPFION' UNIT QUANTITY U N IT BASE BID, NO SU BT0TA1 TREE REMOVAL(6 TO 15 UNITS 1 20100110 DIAMETER) UNIT 154 TREE REMOVAL(OVER 15 UNITS 2 20100210 DIAMETER) UNIT 82 .............- 3 20101000 TEMPORARY FENCE FOOT 400 --------------- 4 20101200 TREE ROOIPRUNING EACH 2 ----------- ------- 20200100 EARTH EARTH EXCAVATION CU YD 36917 TOPSOIL EXCAVATION AND_.P,.LACEMENI' CU YD 3265 21 ._....._.__....___LO. .....................------ LOW MAI NT'E NANCE TU RFGRASS 7 250001-1 1 X X (BUFFALO GRASS BOWIED _ww ACRE 0.99 8 00 SEEDING,BALLFIELD MIX ACRE 3.22 — 2,`5-0--3- --- .......7;441L��- 9 9 20101400 NITROGEN FERTILIZER NUTRIENT POUND 403 311- 10 20101600 POTASSIUM FERTILIZER NUTRIENT POUND 403 11 25100630 EROSION CONTROL.BLANKET SO YD 21635 � _...� �' _.. o L 2 SUPPLEMENTAL WATERING UNIT 3 ____1�5200200 .............. .................... .......—.1-1--1- 13 28000250 ___w._..__!EMP .ORARY EROSION CONTROL SEEDING POUND 894 <�-" ................ _14 28000305 TEMPORARY DITCH CHECKS FOOT 84 . 15 28000400 PERIMETER EROSION BARRIER FOOT 2989 16 28000510 INLET FILTERS EACH 29 .......... ...... ----------- 17 35101582 AGGREGATE BASE COURSE, 'TYPE B 2" 2 Levee 37: Burning Bush'Frails Park Interior Drainage Improvement Project Ph , ,� I Nd BookFlage 355 PAY ITEM DESCRIPTION VNIT QUANTITY ITNIF BASE BID No COST SUBTOTAL HOTMIX ASPHALT BINDER COURSE,IL 18 40603080 19.0,N50 TON 48 .............. ......... HOT MIX ASPHALT SURFACE COURSE, 19 40603335 MIX"D",N50 "TON 29 2_cr ............ .............. INCIDENTAL HOT-MIX ASPHALT 20 40800050 TON 10 PORTLAND CEMENT CONCRETE 21 42300200 DRIVEWAY PAVEMENT',6 INCH SO YD 10 ........ ......... /z2Y . ...... PORTLAND CEMENT CONCRETE 22 42400200 SIDEWALK 5 INCH SO FT 6897 _rz 23 42400800 DETECTABLE WARNINGS SO FT 20 2444000200 DRIVEWAY PAVEMENT REMOVAL SO YD 10 f COMBINATION CURB AND GU'rFER 25 440 00500 REMOVAL __........_. FOOT 62 ............... ...FOOT.. 26 44000600 SIDEWALK REMOVAL SO FT 3926 .......... 27 44201323 CLASS C PATCHES,TYPE IV,7 INCH SO YD 1434 PRECAST REINFORCED CONCRETE FLARED 28 54213699 END SECTIONS 54" EACH 1 ................................... REINFORCED CONCRETE PIPE TEE,54" L9____a421847x PIPE WITH 36" RISER .... EACH 6 ....... ......... REINFORCED CONCRETE PIPE TEE AND 30 5421848X PIPE ELBOW,54" PIPE WITH 36" RISER EACH 6 31 55OA0040 STORM SEWERS,CLASS A,TYPE 1 10" FOOT 24 32 550A0050 STORM SEWERS,CLASS A,TYPE 1 12" FOOT 3 33 550AOOXX STORM SEWERS,CLASS A,TYPE 1 8" FOOT 28 L/ 34 550A0200 STORM SEWERS,CLASS A,TYPE 1 54" FOOT 38 35 550A0340 STORM SEWERS,CLASS A,TYPE 2 12" FOOT 16 36 550A0380 STORM SEWERS,CLASS A,TYPE 2 18" FOOT48 37 55OA0400STORM SEWERS,CLASS A,TYPE 2 21" FOOT 19 ........... 38 550A0490 STORM SEWERS,CLASS A,TYPE:2 54" FOOT 1085 39 550BOO50 STORM SEWERS,CLASS B,TYPE 1 12" FOOT 1241 40 55100300 STORM SEWER REMOVAL 8" FOOT 132 55100400 STORM SEWER REMOVAL 10" 1"OOT 367 .......... 42 55100500 STORM SEWER REMOVAL12" FOOT 86 43 55100700 STORM SEWER REMOVAL 115". FOOT .. 8 ............ 44 55101100 STORM SEWER REMOVAL 21 FOOT 8 45 55102000 STORM SEWER REMOVAL 54" FOOT 8 ............ ...... ..... 46 56106400 ADJUSTING WATER MAIN 8" FOOT 24 475911!02,9;�i�-09...I-,_.CO_NTR.OL.LE.D.LOW-STRE.NGI.-H MATERIAL CU_YD 74 .......... ......-A.......... Levee 37: Burning flush Trails Park Interior Drainage Improvement Project 1130 Book f:`age 3"317 PAY ITEM DESCRIVI ION' UNIT QUANTITY UNI'l BASE BID NO COST SUBTOTAI 48 60100080 FRENCH DRAINS CU YD 27 ;? ...............— ....... 49 60108100 PIPE UNDERDRAINS 4"(SPECIAL) FOOT 376 ................. .......------ ------- 50 60108204 PIPE UNDERDRAINS,TYPE 2,4" FOOT 8486 CLEANOUTS AT PIPE UNDERDRAINS 4" 51 601081XX (SPECIAL) EACH 47 ----—------- CATCH BASINS,TYPE A,4'-DIAMETER, 52 60200805 'TYPE 8 GRATE EACH 10 -——-—_---__-- .................... ------- 53 60207605 CATCH BASINS,TYPE C,TYPE 8 GRATE EACH 1 ve" ZLL fL— MANHOLES,TYPE A,5'-DIAMETER,TYPE 1 54 60221100 FRAME,CLOSED LID EACH 1 55 60234200 INLETS,TYPE A,TYPE 1 FRAME,OPEN LIDH 1 EAC ............. ....... 4—Z 56 60500040 REMOVING MANHOLES EACH 1 ct 57 60500050 REMOVING CATCH BASINS EACH 5 COMBINATION CONCRETE CURB-AND - 58 w 60603800 GUTTER,TYPE 8-6.12FOOT ............. 59 60801012 FLAP GATE 12" EACH 2 60 67100100 MOBILIZATION S ........... . ................ L UM SHRUB,BUXUS MICROPHYLLA WINTERGREEN(WINTERGREEN LITTLELEAF 61 C2CO1024 BOXWOOD),THEIGHT,CONTAINER EACH 31 62 X0324878 SANITARY SERVICE ADJUSTMENT EACH 5 ... ........... . .......... 63 X0426200 DEWATERING L SUM 1 64 X1200087 JUNCTION CHAMBER NO. 1 EACH 1 65 X1200214 JUNCTION CHAMBER NO.2 EACH 1 66 X2080250 TRENCH BACKFILL,SPECIAL CU YD 2393 67 X2200018 ORNAMENTAL FENCE FOOT 153 ._..__.._.w.____._.,_.._...._...._____. 68 X2500322 SEEDING,CLASS 5A,(MODIFIED) ACRE 0 ABANDON AND FILL EXISTING STORM 09900 69 X55 SEWER FOOT '778 70 X5620128 ADJUSTING WATER SERVICE LINES EACH 5 ........... TRAFFIC CONTROL AND PROTECTION, 71 X7010218 (SPECIALy L SUM ............ 72 XX005953 TEMPORARY CHAIN LINK FENCE,8' FOOT MAINTENANCE OF TEMPORARY CHAIN WEEK 55 73 XX005953 LINK FENCE,8' ................ GEOBLOCK POLYETHYLENE POROUS 74 XX007839 PAVEMENT SYSTEM SO YD 94 .......... 75 XX008195 EXPLORATION EXCAVATiON(UTILITY1 FOOT 24 _L 72213797. STABILIZED CONSTRUCTION ENTRANCE SO YD 50 Levee 37: Burning BusliTrails Park Interior Drainage Improvement Project itlk, v Dd f'kxk Page 339 ............... --__- ------- Et" PAY11"I'LM DESCRIPTION I NIT Q('ANTITY UNIT BASE.1411) NO SURTOTAI, 77 20013798 CONSTRUCTION LAYOUT L SLIM 1 ........................... ........... 78zzzoi INFIELD,FURNISH AND PLACE SO YD 2849 ............ ...... ,_ 79 ZZZ02 BALL FIELD BACKSTOP AND FENCES EACH W 2 80 ZZZ03 ASPHALTPATH RM EOVAL ... SO YD 353 ....... 81 ZZZ04 BIOSOLIDS,DELIVER AND PLACE, 1-112" SO YD 14147 ........................... ...... ......... 82 ZZZ05 RAILINGS FOR STAIRS AND RAMPS FOOT 247 TREES,DECIDUOUS,2,5"BALLED& 83 ZZ706 BURLAPPED EACH 16 84 ZZZ07 STAIRS EACH 4 85 ZZZ08 PLAYERS BENCH EACH 8 .. ......... ... ........... 86 ZZZ09 SEGMENTAL BLOCK WALL SYSTEM SO FT 7878 87 2ZZ10 PAVER STRIP AT SO FT 1245 .......... ------- 88 27..7.11 AS-BUILT DRAWINGS L SUM 1 ................................................................... 89 ZZZ12 ITEMS AS ORDERED BYT,HE ENGINEER EACH 29500 $1,00 $29,500.00 90 ZZZ13 DETENTION BASIN MAINTENANCE L SUM I 91 ZZZ14 TREE RELOCATION, UNDER 18" EACH 5 ............... 92 TREE RELOCATION, 18"AND OVEREACH 8 .................. ...... BAR GRATE FOR PRECAST REINFORCED 93 27716 CONCRETE FLARED END SECTIONS 54" L SUM i BASIN ON-LINE DRAINAGE STRUCTURE, 94 ZZZ17 BURIED LIDEACH 26 .............. ......... IRR-BASE- 95 001 ROTARY SPRINKLERS,80'RAD, f§ ..90 PSI EACH 20 ...................... ...... IRR-BASE- AUTOMATIC ELECTRIC CONTROL VALVES 96 002 (AECV) EACH 6 IRR-BASE- 97 003 4" MANUAL ISOLATION VALVES EACH 4 IRR-BASE- 12"x12"x18"D COMPOSITE CONCRETE 98 004 HANDHOLE,TIER 8(MIV+QCp EACH 14 IRR-BASE- 11"x17"x18"D COMPOSITE CONCRETE 99 005 HANDHOLE,TIER 15 AECVb EACH 6 IRR-BASE- 100 006 1"BOB 21 HOPE SPRINKLER PIPING FOOT 400 .......... ........................—----- ............ IRR-BASE- 101 007 3"SDR 21 HDPE SPRINKLER PIPING FOOT 2000 IRR-BASE- 102 008 4"SDR 21 HOPE SPRINKLER PIPING FOOT 2400 IRR-BASE- QUICK COUPLER EACH 10 01. ...... ............ IRR-BASE- IRRIGATION CONTROLLER,RAIN GAUGE& 104 010 SENSORS L SUM _011 .IRRIGATION CONTROL WIRE L"Sum Levee 37: Burning Bush'Trails Park Interior Drainage Improvement Pro'lect Bd�.3ook Flage,341 _ ...... BASE IIID PRICE E (t 1e�su�rn cd'extensions tcr� a.rthe SBa�� "r 'Schedule of✓ riccs): a w Ilars and _ � ft.cl 'cuts ('In writing) (In writing) _.... Dollars and � ��._ _ Gents (In figure)� o (In titare) Alternate A Bid No PAY ITEM DESCRIPTION t.NI"I' QUAD ITI Y UNIT COST A1,14,RN"C)1' E,A At., RPZ,WATER METER" PIPING,AND las IRR-ALTA-012 FITTINGSL SUM 1 '_ " ✓ .� ,,��` 107 IRR-ALTA-013 RPZ AND METER ENCLOSURE L SUM 1 °�w. �._w �a G" " _.w_.... _. _ .. .,...�....._.., ..,_.,..__._,_w..__.__.�_..,_...._._..._...._._..._._....._.... _.w..._..__,_._._.____.._..�..._..._._. 108 IRR-ALTA-014 _ IRRIGATION PUMP STATION L SUM_. _._..W.1__. ELECTRIC SERVICE TO IRRIGATION 109 IRR-ALTA-015 PUMP STATION L SUM 1 PRESSURE CONNECTION To EXISTING 110 IRR-ALTA-016 _...__ MF IN . ... .. .__.L tJ Cvt _ .. _.__.�. _. . 111 IRR-ALTA-017 _ WATER SERVICE B-BOX&VALVE L SUM_ 1._____ 11,2w IRR-ALTA-018 w 4"DUCTILE IRON PIPE,CLASS 52 FOOT 250 PIPING MOMFICATIONS TO 113IRR-ALTA-019 IRRIGATION PUMP L SUM _ 1.. ALTERNATE A PRICE(thc sung of extensions ofthe Alternate A Schedule 0f f'rices): elf f _w Dollars and �_._.... _ C �_ _ Cents (I writer ) (In writing) µ _m � — Dollars and �" _ Cents (Infil;a,rre;)_.__._._..._..__..__...._.�w_.w ". ..(In figure) __. Levee 37; Burning Busla Trails Park Interior Drainage Improvement Prc7jec`.t i Bid u.Bol(F:age 343 Alternate B Bid REF PAY ITEM DERI SCPTION UNF1 QUANTITY EMIT IT A1,TERNATR: E No COST SUBTOTAL WELL DRILLING-SHALLOW- 114 IRR AL.TB 20 MOBILIZATION Lsum i . . WELL DRILLING-SHALLOW-18-INCH 115 IRR,.,ALTB 21 CASING AND HOLE FOOT 95 .................. ............ WELL DRILLING-SHALLOW-174NCH 116 IRR ALTB 22 OPEN HOLE FOOT 3 WELL DRILLING-SHALLOW- 12-INCH 117 IRR ALTB 23 CASING FOOT 100 ... -------- 4z..... ......................................................... ------................ .......... WELL DRILLING -w -12-INCH 118 IRR ALTB 24 CEMENTING SHOE LSUM 1 ell WELL DRILLING-SHALLOW- 119 IRR ALTS 25 CEMENTING EQUIPMENT Lsum 1 ......................... ........._...n. .. ............ WELL DRILLING-SHALLOW-NEAT 120IRR ALTB 26 CEMENT SACKS 100 2_ WELL DRILLING-SHALLOW-12-INCH 121 IRR.-ALTB-.27 OPEN HOLE FOOT 180 ............................................................ .......... WELL DRILLING-SHALLOW..FURNISH, 122 IRR._ALTB 28 INSTALL AND REMOVE TESTPUMP LSUM 1 v 123 IRR ALTB_29 WELL DRILLING SHALLOW TEST WELL HOURS 24 aak WELL DRILLING SHALLOW FURNISH, ALL AND TEST PITLESS ADAPTER(12- 124 IRR ALTB 30 INCH) LSUM 1 --—-__---- WELL DRILLING-SHALLOW- 125 fRR-ALTB_31 PLUMBNESS AND ALIGNMENT LSU. M 1 ................ WELL DRILLING SHALLOW-WATER 126 IRR,ALTB_,32 QUALITY TESTING LSUM 1 ....._31J WELL DRILLING SHALLOW-WELL 127 IRR ALTB 33 DISINFECTIONLSUM 1 ................ 128 IRR ALTB_34 WELL DRILLING DEEP MOBILIZA"FION LSUM 1 ............... ................ WELL,DRILLING DEEP 12-INCH OPEN 129 IRR,ALTB 35 HOLE(278 TO 410) — -"—.FOOT 132 WELL DRILLING DEEP 10-INCH CASING 130 lRR AL (+2 TO 4101FOOT 412 .............................. ——-------- WELL.DRILLING DEEP104NCH 131 1 RR A LTB 37 CEMENTING SHOE LSUM —7 WELL DRILLING DEEP CEMENTING 132 MR ALTB_38 EQUIPMENT LSUM 1 133 IRR ALTB 39 WELL DRILLING DEEP NEAT CEMENT SACKS 100 WELL DRILLING DEEP 10-INCH OPEN z 134 IRR ALTB_40 HOLE(410-1,0001 FOOT 590 WELL DRILLING 135 IRR ALTB 41 INSTALL AND REMOVE TEST PUMP ......�LSUM____1 e 136 IRR_ALTB 42 WELL DRILLING DEEP-TESTWELL HOURS 24 WELL DRILLING DEEP-FURNISH, INSTALL AND TEST PITLESS ADAPTER(10., 137 IRR,.AL,TB,,.4IN 3 CH� LSUM 1 AT ............... ....... WELL DRILLING-DEEP-PLUMBNESS 138 IRR ALTB 44 AND ALIGNMENT ............ L'SUM 1 . WELL DRILLING DEEP-WATER 1139 IRR-ALTB-45 QUALITY TESTING LSUM 1 39 WELL DRILLING DEEP-WELL 0 140 IRR ALTB-46 DISINFECTION LSUM ................ _.-7w--........... WELL PUMP-SHALLOW-40 HP, 30/60HZ/460V,3500 RPM SUBMERSIBLE 141 IRR ALTB 47 MOTORU_L LSUM 1 ................ SUBMERSIBLE 5�1 142 IRR_Atl;� WELL PUMP Levee 37: BUrning Bush Trails Park Interior Drainage Improvement Prqject HW � Bld Book P'age 345 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project (CBBEL PROJECT NO, 150225.00004) 15. Construction Set Drawings will be issued with these revisions shown. 16. Bid Book Page 347. Alternate B Bid: repeated Pay Item 114 and 115 on the bottom of the page are repeats and shall be stricken from the bid as shown below. .......... PA�rmi OCU'RIPTION LNIT Q%AN't I I Y UNfir ALTIERNATE B SURTOVAL, WELL PUMP SHALLOW-4"BLACK PIPE, WELL PUMP SHALLOW-#4 _144BLE.&IA ji, _145 �R ALLf� 1� V WELLRUMP SHALLOW-44NCHCHECK WELL PUMP-SHALLOW-AIRUNE,TAPE WELL PUMP-SHALLOW-PRESSURE L47 IRR ALTS 53 TRAB$DUCER&MK- FOO 1 260 WELL PUMP•SHALLOW MOI OR L1 m.,aNF „ALTES 54 STARTER, 1 Aad ”R, "VF"D............ LS,UM------ WELL PUMF• '"'S"HALLOW WELL,PUMV 149 IRR ALTB 56 INSTALLATION LSLIM I WFLI.PUMP-SFEAR LOW STARTUP& WELL PUMP-SHALLOW COM ED ELEC'T'MCAL SEROCE INSTALLATION TO L61 IRR A08 57 WILL PUMP LSUM I WELL PUMP- U: TRdVlDf kN—D .......... ------ VVELL PUMP,SHALLOW-PROVIDE AND 155 gRrk AIT8 IN L %YELL 411 VVELL PUMP,DEEP-125 HP, 30/60HZ[46OV,3500 RPM SUBMERSIBLE 154 jRRALTBV) WELL PLIMP-DEEP-SLMMERSIBLE _155 IRR ALTS 61 4AlELL PUMP WELL PUMP-DEEP-4'BLACK PIPE, _156 MR ALTB El COATED F20'1 900 ........ WELL PLUMP-DE'EP'-#410 SUBMERSIBLE IRR ALTB 63 CABLE FOOT 960 WELLRUMP DEEP 4-INCHCHEC' 1v 159 NRR AL'T8 64. WELL PUMP,DEEP-AMLINE,TAPE& 1- IRR ALE k>S a 5jC L.StDNVt WELL PUMP-OEEP•PRESSURE 160T _LR_R8LTB 666_ RANSDUCER&MPE . -M-)T WELL PUMP-DEEP,MOTOR STARTER, --161 LALALIB 7 C�0 TROLL E FQ _wwwM1 G,7 Gre T WELL PUMP-DEEP-WELL PUMP 102 NRRNRR ALTB 6"E1 5E& LSUM 953 NRRmrvAL TEt 67 WELL PUMP�DEEP-sTAFf-up& _,_I,N§1RUCT10N DAY ,.,WEE[RjWP'-'D'E E'P 60"VED ELECTMCAL SERVICE INSTALLATION TO . 1 4RR WELL PUMP 15-E-A-N—D -Ms- MR_AI TB 71 tNSTALL NE HYDROPLIMATIC'TANK LSUM I -Z�- WFLL PUMP-DEEP,PROWDE AND _166 lFIR ALT84,L12 INSTALL WELL,SHED LS UM ---------.......... -------------- ALTE RNATE,8 PRICE(tire sum of extensions of the Afternate El Se hedule of Prices): 17,Aar dcents n writing) I)oHars and C em, On 41urc) J figure) Levee 37, Burning B(6h Traik Pak fate6rn Diainage 1mprwenw1a Project BA Ra*Page 347 Addendum No. 1 Page 2 SUMMARY OF PRICES: BASE BID CONTRACTPR IC I",.' (the stun ofextertsions ofthe Schedule of'Prices): ('cuts 4(I � ifing) (]it writing)-- DollarsandCents (]it figure) ti 1e� BASE BID+ ALTERNATE A CONTRACTPRICT(tire sum ofextensions ofthc Schedule of Prices): �,,r - Dollarsand f- e Cents qk w. (In Writing) 6%) � Dollarsand Cents I figure) (111 figure) BASE BID+ ALTERNATE B CONTRACT PRICT," (the sum of extensions of the Schedule of'Prices): � 0 Cents and �4121 jf6 6"� ............. vk!writirig) (In writing) e1j, Dollars and Cents 11 t i g u re) (111 figure) Levee 37: BLIMing Bush Trails Park Interior Drainage Improvement Project Hl,, cl Bd Bookrlage 349 THE Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and address) DiMeo Brothers, Inc. The Guarantee Company of North America USA 720 Richard Lane One Towne Square, Suite#1470 Elk Grove, IL. 60007 Southfield, MI 48076 OWNER: (Name, legal status and address) Village of Mount Prospect 50 S. Emerson Street Mount Prospect, 1L. 60056 BOND AMOUNT: This document has important legal consequences. Consultation with anattorney PROJECT: isencouraged with respect toits completion or (Name, location or address and Project number, if di� mooaUon ) . Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Any singular reference ho Contractor, Surety. Owner, orother party shall beconsidered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns, severally, aoprovided herein, The conditions ofthis Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to bythe Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond prbonds uamay hespecified i the bidding Contract Dotswith a surety admittedint»e)uowdkxiqnpfthePn4ectandomamvime acceptable tothe Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise mremain infull force and effect. The Surety hereby waives any notice ofanagreement between the Owner and Contractor to extend the time inwhich the Owner may accept the bid, Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for onextension beyond sixty(80)days. |fthis Bond isissued inconnection with asubcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall bedeemed tobeContractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall bedeemed incorporated herein, When snfurnished,the intent imthat this Bond shall beconstrued aoostatutory bond and not eea common law bond. Signed and sealed this 23rd day of September . 2019 BY: DiWo.B.rothers, Inc (Seal) "In i' -Cann1lIb'Bar1VT Oer. Mgr. John DiMeo, Sec.-Veas. vvmnamo (Title),(Seal) The Guarantee Company ofNorth Arnerica USA vvxneA mooee ��/ Comm/. Accts. xxgr. -~-~~u�n�f |nagVs. a�ffney-in (Title), (Seal)r��vouagemm.e^oc mentconmmnewctlymme/armuaoeusedmAmopc memAu1n-ouao,m2mm'mition. Rev,81612018 MAIL THE The Guarantee Company of North America USA GUARANTEt' Southfield, Michigan POWER OF ATTORNEY NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield,Michigan,does hereby constitute and appoint Greg Cerniglia,James Tragos, Marsha Patterson, Donald J.Scott S&C Insurance Center, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked, pursuant to and by authority of Article IX, Section 9,03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority� 1. To appoint Aftomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond, 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner—Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 2nd day of October,2015, THE GUARANTEE COMPANY OF NORTH AMERICA USA NO 0. ��+*g� M s NA STATE OF MICHIGAN Stephen C.Ruschak,President&Chief Operating Officer Randall Musselman,Secretary County of Oakland On this 2nd day of October,2015 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seat affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland 's My Commission Expires February 27,2024 61Ae-� Acting in Oakland County 1,Randall Musselman.Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. Te f"" IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 23rd day of September Randall Musselman,Secretary ADDENDUM NO. I Village of Mount Prospect Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project (CBBEL PROJECT NO. 150225.00004) Please note the following changes/clarifications to the bid documents: 1. Revision to SP-1 and Plan GN. Correcting date/edition. "THE STANDARD SPECIFICATIONS FOR WATER AND SEWER MAIN CONSTRUCTION IN ILLINOIS"JULY 2014 7TH EDITION". 2. MWRD has confirmed that their requirements (MM/S/V BE, Union company, etc.) apply only to the work being submitted for reimbursement. Please refer to the specification book for the specific percentage of the total contract and maximum reimbursement amount for specific amounts contractors will need to have meet the MAA//S/V BE requirements. Bidders shall meet these requirements for "Base Bid" items. Alt A and Alt B items do not need to meet MWRD requirements. 1 CA-6 shall be used for all Trench Backfill. 4. The existing sanitary sewers and services are owned by private utility company. As part of utility coordination, the utility company shall adjust/protect their facilities. 5. All storm sewer pipe shall be paid as noted in the plans. All sanitary services are private utility. 6. Plan Sheet Ts note regarding sheet piling shall be stricken. It referred to the area now shown as Controlled Low Strength Material Backfill, 7. Contractor is responsible for means/methods and can propose construction sequencing that differs from the plans as long as drainage is maintained, utility relocates can occur, and project is constructed "in the dry"as determined by the Engineer, 8. Any below grade areas of the segmental wall do not require face panels. All face panels shall extend approximately 3" below grade. 9. The Unflock universal base pad (19"x14"x2", standard grey/concrete color) may be used as the "PAVER STRIP AT WALL". Payment will be based on 12"width, 10, The northwest ball field backstop has an integral wall. The southeast ball field backstop does not have an integral wall. 11. All MAN/S/V BE material suppliers meeting MWRD requirements can be credited toward the M/W/S/V BE percentage requirements. 12. The Owner was not opposed to the request of entertaining different irrigation manufacturers for this project. If the product meets the requirements of the special provisions and plan details, they could be considered as an approved equal if presented by the Contractor as a value engineering alternative. 13. The Owner was not opposed to the request.Allan Block and Old Castle products meeting the requirements of the special provisions and plan details, could be considered as an approved equal if presented by the Contractor as a value engineering alternative, 14. Along with Addendum No 1, the following pages of the Bid Request Book shall be returned with the bid. Bid Book Pages 251,275-283, 287-289, 324-361. Note that additional requirements are noted throughout the Bid Book(for example,page 95,97 and MWRD). Bidder is responsible for reviewing entire Bid Request Book and providing requested Bidding documentation. Addendum No. I Page I Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project (CBBEL PROJECT NO. 150225.00004) 17. Page 48 Detail updated: Isolation valve and backflow preventer shown below, 8'x10'x&HW0OD HYDROPNEUMA"C FRAME S1 CL C3 C3N TANK 30"0 CONCRETE SLAB 4"RPZ BACKFLCW Et ECTRtC ME T'ER VSOLATION (C�T CABINET€ IAL I VALVE 7 YR QUICK ELECTROC SERWCE COUPLER 1RfflGAT*N CONTROLLER MOP-1 WELL CONTROL.PANEL 36"DOOR 70 PROPOSED WELL SHED N07 TO SCAL E - TOTLE: LEVEE 37: BURNING BUSH TRAILS PARK POJ. NO. 150 25.430,00 R INTERIOR DRAINAGE IMPROVEMENT PROJECT DATUS/16/19 BID HE - SHEET 48 dOF 56 it - IRRIGATION PLAN - WELL DETAILS DRAWING NO. 48 Addendum No. 1 Page 3 Levee 7: Burning Bush Trails Park Interior Drainage Improvement Project (CBBEL PROJECT NO, 150225.00004) 1€3. The existing and proposed grading presentation has been updated to show additional contour elevation call-outs, as shown in this Addendum. Mote that proposed contours are for reference only, see grading plan for spot elevations. N � M e t o pww...xwu4wnuw.w,'eMnmw.rvmwww,wxwMdu k 4 i 6 ., _. ,.. ..., X BALL.FIELD-/ EX B LLFtLLU e .rte y „ \.—Ex CONTOUR (TYP) FSR CONTOUR (TYP) - Fd $TMS".wIFMaau,a NT 95" "KW. ua aarn VILLAGE MOUNT PROSPECT M T MOVEMENT PROJECT f ue) cRKS cerrr PROPOSED C Co 1847 ONTO Addendum No. t Page 4 Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project (CBBEL PROJECT NO. 150225.00004) 19. On-Site Pre-Bid Meeting sign in sheets: PROJECTLevee 37Burning Bush Trails Park Interior Drainage tntprovernent, Village of Mount Prospect LOCATOW Burn4)g Burdi CxxvionurOy Center 1313 N Burnn Buo Ln,ior Pilaspod,K.60056 DATE: 2019-09 0 at 1C%,:130 am INVITEES: Ndders,V01age,Fla*EhWnct—W(Abutting pro�oct Uaison,CBBEL NAM NX211111fim LIMA. k ACAM 0 2 r) Akr CCU,' r rq Pad .!w, /0- 3 4 qL�� (L�,Z) 0 Cu ..'.. (U 7 Z' 71� 7 9 F-Iff"A (A V 41,11 10 11 12 AT—TANDANgf PROJECTLevee 37:Burning Bush Trails Park Interior Orairmge Improvement, Village of Mount Prospect LOCATIOW Burninq BuOi CxmnmunKy Center,,1313 N BurriOg Bush 1.n,MT Flrospw,tL 60056 DATE, 2019 09 10 at am INVITEES; Ndders,VWagro,Park Matvkf+JSD(AbAw)g pmraM bwsmi),CBREL NAMexcret errs 13 _14 st QT W 7 rn eZ3 V=o k-ka 0 Z 7 fi7lev 94 20 2 22 23 ............... 24 Addendum No. I I)a,ge 5 ------------ Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project (CBBEL PROJECT NO. 150225.00004) E' 1"9 M PROJECTLevee 37:Burning Bush Trails Park tntorror Drainage Improvement, VMoge of Mount ProSpect LOCAT*N: Burning Buish QxnmunRy Center,1313 N Butning Bush Ln,Mt Prospect,Il.60056 DATE� 2019-09-WM10�30aqn NVITEES� l3kiders,Wfisge,Park 1>st6ct�s J (ANAIMg prr)�ecl Uaiwl�,CBBEL 25 27 29 3 31 32 33 34 35 Please acknowledge the receipt of this addendum by signing the acknowledgement and emailing a copy of all pages to p.g!ll w rks e rm un p Pfl, pg�2gEg,with t�iukE,'( g,�.g i C: 'd on that email. This addendum needs to be signed and included with the sealed bid. Failure to properly acknowledge this addendum as noted above may result in disqualification of the associated bid. END OF ADDENDUM NO. 1 1 acknowledge the receipt of Addendum #1 for the above referenced project: Signed: e Name of Company N WOUNT PROSPECT" l 50225 OW04,SpecsVkddendurnOl_Bumtng&ssh1 50225-04,2019-N4-13 dOC:K Addendum No. 1 Page 6 NIETROPOLrrAN WATER RECL,AMATION DIsTRiCT OF GREATER CHICAGO MBE, WBE, SBE UTILIZATIONPLAN For Local and SiTiall bUSiness entities - Definitions ft)r terms used below can be found in Appendix DBE - Section 5(s),- BE - Section 5(cc); BE - Section 5(w), NOTE: The Bidder shall submit with the Bid, originals or facsimile copies of all MBE, WBE, SBE Subcontractor's Letter of Intent furnished to all NIBEs, WBEs, and SBEs. IF A BIDDER FAILS TO INCLUDE signed copies of the NIBE, WBE, SBE Utilization Plan and all signed MBE, WBE, SBE Subcontractor's Letter of' Intent with its bid, said bid will be deemed nonresponsive and rejected. All Bidders must Sign the signature page UP-5 of the Utilization Plan, even if a waiver is requested. Nameofffiddcr: ................... Contract No.: Affirmative Action C,ontact& Phone No. C-11C Jll'q��.......... L�A\ a_d!�s ........................u...._,... E-Mail Address. Total ffi& ........... ...... ...... MBE, WRE, SBE UTILIZATION PLAN AND ALL SIGNED MBE, WBE, SBE SUBCONTRACTOR'S LETTER OF INTENT MUST BE COMPLETED, SIGNED AND ACCOMPANY YOUR BIDf.f.f. 1130 Boolk Page 275 BID SECURITY Included with this bid is a bank cashier's check, certified check bid rrH the amount of lle�) being ten percent (10%) 0 'e--t6t6f a m o u nt Y_ - bid for Base id + Alternate B. by e the Bidder, in favor of the Village of Mount Prospect. It is hereby agreed that, should Bidder be awarded the Work contemplated under this bid and fail or refuse to execute a contract for said Work, or to provide the required payment and performance bonds, or letter of credit, and certificate of insurance, then this security, in the amount stipulated above, shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening date. SUBMITTED THIS DAY OF 2019. SEAL (if corporation) Bidder: Bi der's Agent and Agent's Title i der's Agent and Agent's Title Tit le Note: If bidder is a partnership, the bid Must be signed by at least two of the partners. Note: If bidder is a corporation, the bid must be signed by an authorized officer of the corporation, attested and sealed by the secretary or other authorized officer. If a corporation, note here the state of incorporation: Incorporated under the laws of the State of Levee'37: Buming Bush"'I'rails Park Interior Drainage Improvement Project lk,� wf Bid Book Pap 333 I'll,—--------- , Cho Nddci shmAd indwau,on ffir(Aihimion Man CKpIMgV 0 ftd(War arnoup"s fm Ow pa rlicipanon w0f also he counted toward ffic acted cvenwm of ats SM pamcpation, See Mfimia6vc Amon Ctrdunmicc'RCN fa ed Appendix D,section I t (''ounling W "WDL and sElf" Paowpwon umards Cmwact Goak,(a}(hW m !,VlAt:uJIIJ'k1"10 Nanw of'MW,and contact pusom j. (jr– Busmess Phone Numbei( 7 1 ea' ul Add�cw V7Ad&ess: C A CONFRACI pTM NW'2QA. (.L—XD It tfic NIB E parwtpatkon mil be counted fl waids the -hicvcmeM affic SBE goof please imficmc hetc-, El YES EMM&MMEMEM ULA—ul"s Name of,"113F,and contact persom Bumness Phone Numher Imail Addrc,.s: Adchvs's, ... . ...... .......... ........ .......... e°m CONI kA( IJI FNI NO, oUfl DoHar Amount H kfw SIBE paqlmpxHwn wifl he counted Gmhjr&Ow 'tchtevemem of he SHF p'oal ph.."a'se mdnwc MWrc NIS )IMAJAI.Ail Name ol',MBF and cwflact persow Humness Phone Number Akhficss Addrcss. . ..... Deschpon ofW("k,Scrvwcs or Supphes 41 twc provi&d: ('ON MAC f H'IM NW Toud DoHar Amoum Patucpauow ff�iw%IM parvetpancin wkP he cmwwd towar& qic� WAH-'e"Wnt of OWSHE par O pWcasc mdicw hem El N F's SO Atauh addaamud sbccvs As nccdodN Md Book Page 276 The bidder shuuM m4ficAue on the 0flitwicm man expkifly it dw JoHm amouvas fi)r 0ic WHE purticipmion wilt iflu) be counted wward the uhievement of ns SBE participation See Affinnanve Action i")rdinance, RcN(iqtd Appcndix 1),Seclion 1,Counting MBE,, WBE and SBE Paificipation towards Cmract Goak,(a)(b)(0 Nam of WIT and contact persolu A1112L, .--- 1.,..-- —.1--- . --1- --'- -- ---. Business Phone Nuinherr'b 6 Finait Addrew Ll Addrew'3 ---------- Description of'Work,Services or Supplies to bc provided: .................................. ........... CONTRACT ffENI N0,4-116 Total Dollar Amount Pavlicipatiom 00 ............ Ifthe WB E participation wilt be counted to%ards'ihe achievoncm of the SBE gual ptease indc cate here: El IS, NO )K#UEL1U7A— Q1. Nariic,ofNVBI:;aiiidcorttahiperson BUsinessPhoneNumber: --, FmailAddrcss� . .............. ...... Addrew De,w,ripfionot Work,ServiccsorSupppea ti)Ice provided: ............. ...... ........... 1 mal Mqlar Amount Part i cipa fion: .......... ........ Ifthe WBE parti6paiiun will be counted towartfis,flie achievement offfie SBE goal please indocate hcm El 0 YEIS No Nanneof*Wffi.�,.and contact pevmv Busincss PhoncNumber: Fmail Addmss: Addres& Mscript ion of Work,SCT ViCeS Or SLAPPViCs to be p ovided CONTRACT ITEM NO.: - Fatal DoHar Amourn Participation: ......... ............ ............ It the WB E parri6pabon wiH be counted a()wards the achievernew ofdw,SBE goat please Micme herv:: NO (Attach additional sheets as needed) Bki Book Flage 277 `Saame ate'SBE and a.°awatact persoru Avu-. a��_��.... .... I mxaaaml A&alrr a s' ,fes Address: Il schption of\Nlork,Services or Supplies to be pruawklc S', k, L.. Uou«tl DoHai Awwwa°atrriw Parul�rripw¢coau, SlIE 1...,x.1Lfl:.rhTIO\ N amaaa r,)C Sjjk au'w(j c.)jtaa.0 Gtc"r,»arra . . M:kam,flrrrwsa P'Nwawr°rcr Numberr ._. _, ......_ ,.,.. ... hna H Ad dra ss, _ ,.,..,..._ V'ta°�a.rrg,wuiaatu art'Work,"aemces or S ur)pk s to he preovmalatdl .. .. . CONTRACT ill,M No Toro p)caplar A¢raruwrtr Paar'ticapautacart:.,...._. SALURILABSEN �aaawarc a�"SNAP ;auua�a aaua¢a¢'&�cawaaru _...... t°aa�,�ow l'w9oanrr N urreb@re r Ht'ad r4al hes Addrcss Dcxa4i.i�tmn o Owr'arrk.Ser,v,a e,,osuppphicv tca he rrrovralad , CON B'k AC r ITE'M "at:Y.. Camta! aBNrwr �,rr'ua'awattu N"aa°Cwa'�pN'�ati+u¢r Bid Book Page 27'8 ��ard�ctr au&akuGtarruarfl ,dwa^r u,;mr rata,°a9aatP EXH0.1 7 111I.F (-'OMMFrMF!,Nf rORM 1. Name of VRE- Jl�n..... ............ Identify MRE,WRE,SBE Status: Address. City,State,Zip Code: Contact Person: h\—/i _1�4�eshone Nuvnber; -X?�L.44 L&—%..,.._n.. entail Address. of'Participation: % Dollar Amount i_ Percent of Participation: Scope of Work: A;' A Am 1 S6�- L. ............ 1 Nance of VRE. Identify VIRE,WBE,SRE"status: Addrew City,State Zip Code: Contact Person: Teleplone,Number- eMail Address: Dollar Amount of Participation: Percent of Participation- Scope of'Work: ............ 3. Name of VBF: Identify MRL,WBF,SBE Status: Address: ...... City',State Zip Code- Contact Persona ...... TelephoneNumber: eMail Address: ...... Dollar Amount ol'Participation: Percent of Participation: Scope of Work: ........... 4. Name of VBE. Identify,MBF,WRE,SBE Status: ...... Address- City,Stave,Zip Code: ....... Contact Person. Telephone Number: eMailAddress. DoflarArnountof Participation: S Percent of Participation- Scope of Work, ................ Allach a copy of quafifications for ea�wh VBE firm Nd Book Page 287 MBE9 WBEt SBE MNT CTOR'S LETTER OF INTENT To.* Waine of Bidder) V 'A-Ar% and the NwRoGc ZLhi C7>—I eTI REt Contract Name- (Insert Name Contract fter: (Insert Number) From: (Name Of MBE/'dBE/SB9 Firm)411L"Ilki-A,A" - MBE: Yes No WBE: YesNo SSE: yea l No drat ; rslqned IsconfLt,=d by the attached lettet of Certification. A certification letter Must be atLaChatl hereto. The undersigned is prepared to provide the following described services or SUPPIY Lhe following described goods in conneccion wictt the above named pro Ject,/,Lantra t* m. "lit...... .......... space tfte i' 1rinal proposed scope of work and/or payment schedule, attach additional sheets. The above de3cribed rfo,,ance is offered for the following total price: r itten irl ttert ".r"s ten ,n 19ures in the event of a discrepancy between the "WrizLen in Words" price and the "Written in Figures" price, the "Written in Words" price shall govern.,, The under%tqted will krt&t ittri a tOtmal ward tet to rwt tot t t ht abtm wratar with the Prime Contractor, conditioned upon the execution of as contract by the PrLMQ Con aoto Ith the NWSCS OC. (S ttre of wne: Presi nt or ol Na tt e (Pri t) Datei Phone S%UBr4X TE`� XTH THE, BID. D D CUMENT MUST BE � TED ff.V�r �� FAILURE TO DO SO WILL RESULT IN A NONRESPONSIVE Bit) XM REJECTION Or THE RID. All bidders shall submit with the Bid, copies of MOE, WBE. SBE Subcontractor's Letter of Intent In papor Ism with s;gnuturcv. which were Iarnishod to each MIX, WBE,and SSE listed in itsMBE�WOE,SBE Utilization Plan and must be submitted to the District with its bid as Part Of its bid packet with eithor a COPY Of each MBR.WOE,and SBE current Letter of Certification (rum astate or local Sovernmem or agency or documentation demonstrating that the MBE,WBE,SSE is a MBE,WBE or SBE within the 17101111ing Of this Revised Appendix D. Failure to submit the N815, WbE, is Subcontractor-s Letter of Intent signed by each MBE. WBE, SSE subcontractor will be viewed as ROTIMSPona(ve and the bid will be rejected, All MOB, WBE, SSE Subcontractor's Letter or intent muK( conform to the MBC,, WDE, SSE Utilization Plan submitted with (tic bid, An original or thcaimile copy of MOE, WOE,SSE SubcontractoCs Letter of Intent will be acceptable. MBE, WBE, SBE SUBCONTRACTOR'S LETTER OF INTEN'r To: (Narne of Bidder) Dirneo Brothers, Inc. /David Torres Trucking, Inc. and t he MWRr)GC RE, Co r I t r a c t ame n s e r t, N a rne) mt Lk— Cor,tract N=ber. ( Insert Number) tbd Froni: (Name of MBE/WBE/SBE F'irro Davtdl"orresTruckmg,hc. MBE: Yes X No WBE: Ye,,,:s No SBE,: Yes No The MBENBE status of the undersigned is confirin�ad by the attached lettet of Cerr.lficatlon, A cer,tification letter rnusL be attached hereto. . The undersigned is prepared to provide the fA,Aowinc; described services or suppiy the following described qocxls in connection with the above named projecu/contract - Trucking of spoils f m--o',x"e, a-'a—ce is........r,ie--e,d"-,e-d ...S-B—E- -f i-r-`r"a7 r-o-5,r'o s-e d scope of work and/or payrnent, schedule, attach additional sheets. The abq:,,ve (R,ascr9tred t)EurfOMance fs offered for the follow.ing tota] price- 'Two hundred and sixty thousand and 00/100 (Written in Figures) (Written in Words) In the event- of as discrepancy between the "Written in Words" price and the "Written in Figures" price, the ""Wiz tten in Words" price shall govern, " The ander'signed will. enter into a forniaiwr�i� ten agreenient for the above work with the Prime Contractor, conclitioned upon thew executJon of a contract by the PrLn* contractor with the MWRDC;C, (Signature of Owner, Pre siderti: orAuthorized Agent of MBE/WBE/SBE) Jose David Torres, President/Owner Fia'm e,7"fl,L-1-e (—Pr-1 ii,t) Da Phone 847-991-1535 THIS SIGNED DOCUMENT MUST BE S UB M I TT'ED W ITH THE BID' FAILURE TO DO SO WILL RESULT IN A NONRESPONSIVE BID AND REJECTION OF THE BID. All bidders shall submit with the Bid, copies of'MBF, WBE, SBE Subcontractor's Letter offinent in paper fbrm with signatures, which were furnished to each MBE, WBE,and SBE listed in its MBE, WBE, BE.Utilization Plan ruid must be subtrutted to the District with its bid as part of its bid packet with either a copy ofeach MBE,WBS,and SBE current Letter of'Certification from a state or tocalgovernmcnt or agency or documentation demonstrating that the ME,, BE SBE is a MBE, WBE or S13E within the meaning of this Revised Appendix D, Failure to submit the MBE, WBESBE Subcontractor's Letter of Intent signed by each MBE, BE;, SBE subcontractor will be viewed as nonresponsive and the bid will be rejected. All MBE, WBE, S13E Subcontractor's Letter of Intent inust conform to the ME, WBE, SBE Utilization Plan submitted with the bid. An original or facsirrifle copy of MBE, BE SBE Subcontractor's Letter of Intent will be acceptable, Bid Book Page 283 MBE, WBE, SBE SUBCONTRACTOR'S LETTER OF INTENT To: (Name of Bidder) the MWRDGC RE: Contract Name: (Insert Name)—AL&S t�V, Contract Number: (Insert Number)" From. (Name of MBE/WBE/SBE Firm) _VeLCj�Zk/a5j& MBF- Yes N, WBE: Yes No *13e-s�t* " 6�,*11, 1.4c SBE: Yes --�W- No The MBE/WBE status of the undersigned is confirmed by the attached letter of Certification. A certification letter must be attached hereto. The undersigned is prepared to provide the following described services or supply the following described goods in connection with the above named project/contract: i.Y—more—space is needed to fully describe the MBE/WBE/SBE firms' proposed scope of work and/or payment schedule, attach additional sheets. The above described performance is offered for the following total price: (Written in Figures) (Written in Words) in the event of a discrepancy between the "Written in Words" price and the "Written in Figures" price, the "Written in Words" price shall govern." The undersigned will enter into a formal written agreement for the above work with the Prime Contractor, conditioned upon the execution of a contract by the Prime ract it,h the MWRDGC. ........... _u (Signatu of Owne*r, r—es—iden-t—o' r Authorized Agent of MBE/WBETSBC) 1'r r Name T v. itle (Print) Date_. MUST BE-OMY21T�TE��WIT�KT IIID. FAILURE TO DO SO WILL RESULT IN A NONRESPONSIVE BID AND REJECTION OF THE BID. All bidders shall submit with the Bid,copies of MBE, WBE, SBE Subcontractor's Letter of Intent in paper form with signatures,which were furnished to each MBE,WBE,and SBE listed in its MBE,WBE,SBE Utilization Plan and must be submitted to the District with Its bid as part of its bid packet with either a copy of each MBE,WBE,and SBE current Letter of Certification from a state or local government or agency or documentation demonstrating that the MBE, WBE, SBE is a MBE,WBE or SBE within the meaning of this Revised Appendix D. Failure to submit the MBE, WBE, SBE Subcontractor's Letter of Intent signed by each MBE, WBE, SBE subcontractor will be viewed as nonresponsive and the bid will he rejected. All MBE,WBE,SBE Subcontractor's Letter of Intent must conform to the MBF,WBE,SBE Utilization Plan submitted with the bid. An original or facsimile copy of MBE. WBE,SBE Subcontractor's Letter of Intent will be acceptable. Bid Book Paue 283 r. Contract No. LOA,-- J�4sw) CERTIFICATE OF COMPLIANCE t:)A0L'(Q7" "JL WITH MUIXT-PROJE(I'LABOR AGREPM-ENT(MV-1,A) llwr�—'-' hereby acknowledge that UWE (Name of company) have read the Metropolitan Water Reclamation District of Greater Chicago's Multi-Project Labor Agreement. UWE and all my/our subcontractors certify that we are in compliance with the Agreement in that I/WE and all my/our subcontractors have agreed to be bound by and operate under a current collective bargaining agreement with a union or labor organization affiliated with the. r-1,._00 BuildingTrades Department and the Chicago and Cook County Building and Construction Trades Council,or their affiliates which have jurisdiction over the work to be performed pursuant to this Contract, (hereafter referred to as a ""participating„trade group"). State the name of the participating trade group(s)that your firm,is currently signatury with in order to (Identify all.such Irartic,ipatangl utaions or labor org;anizatiotas. Aittach a separate sheet if trecc,s.sary)w If your finn is not currently sigiratory with a participating union or lab or organization,complete the following. I intend to comply with the MPLA by: Entering into a collective bargaining agreement with the following participating trade S group(s�:Q (Identify all such participating unions or labor organizations, Attach a separate sheet if necessary); 1"2 ffrVer–orr- aar ny Co 'r, oil By� j re of ut zed Offi&r e, I-4XI Sec eLary Dat d: Revised April 2018 MPA CC 49 ffid Book Flage 261 StGNATURE SECTION On Behalf of ......., � ... ., `� ,.� .1�, .f.fE.��-.......... ._..._.�.._.._ _...._. ._....m_. hereby (name of'n:w�rspanY) lfWE' have read Revi wtd Appendix Df,wiH comply w ith the provisions of Revb ecd Appendix t)„and intend to use tive MBEs, WBEs,and t BES listed above in the performance cnf'thia contract aanndlor have ctnnndaletead that.Waiver Request Form. "r'a'n the treat of"niy knowledge, intf"snnnaatdonw and belief, the facts and representations contained in this I"'X rchit are true,and no rvaaterW facts have been emitted, I do sotetrinly declare and affirm tinder penalties of`perjury that the contents of the foregoing docurne nt, are utas and correct, and that l arra aUthora etl, on behalf of the bidder, to take this affidavit, I, ld ar e?cta rc Print name anet title w 'c c°rwary f Phone rrrtrribet° /11)The Bidder s regu rrl d to sign and execute this page, EVEN IF A WAIVES IS BEING 2)Faflure to dna so will result in a nonresponsive bid and re'eetion of the bid. 3 a waiver is re yeste the bidder must also complete the follow ra "WAI ER REQUEST FORM*", Nd Ikaak Pane 2 79 --------------------------- ----------- WAIVER REQUEST FORM If a waiver isyegue ted, the Bidder is re fired to sign and execute this page. Contract, No. : t4aine of Ff.dde)r 2M Contact Person and Phone Nurriber: Wit,h respect. t.o the contract, spec ifed above, the Bj.dder- hereby requests a total or partial. waiver of thcy requiretrent that, purstiant n Section 12 (a) - (d) of:. the Affirniative ActAon Ordinan(-,e, Revised Appendix 1), it files a MRE, WBE, SBE Ut.. lGaret: j(:m Pl.an or achi.eve a parti,cular goal for MBE, WBE, SBE �,articipation in the contract. rerlsons for 1-he request are as fol.1cms. On Behalf of .......1-.-.--1..-1-1-1--- Me hereby acknowlcdgc that UWE�have read Affirmative Action Ordinance, Revised Appendix 1),will comply with the provisions of Affinnative Action Ordinance, Revised Appendix D, and intend to ase the MBEs, WBEs, and SB,Es listed in the MB[, WBE, SBE Utilization Plan in the performance of this contract and have completed the W'aiver Request I-orrn, To the hest of my knowledge, information and belief, the rkts and representations contained in this Waiver Request Fonn arc Inie,and no rrwaterW facts have been oninted, I dr)soernnly declare and affirrn under penalties ofperjury that the cornents o'th- , egoing do unient 7a true and correct,and that I arn authorized,on btlialf'ofthe contractor,to make this. I it, Owe natury cmf A whor oA u er Krns Print napne and fide 'Secroary d'de gra nundier NOTE TO BIDDERS All Waiver reqt.ie.sts artor valuated carefully by the District The evaluation is based on your firm' s documented GOOD FAITH EFFORTS. The GOOD FAITH EFFORTS MUST be Undertaken PRIOR to your bid submittal to the District. Good Faitli Efforts are ident.i,fied on pp. D15-D16, Section 12 . Utilization Plan Subinissi(,.)n (e) , (i) (i) - (xi) . Nd Book 1:1age 281 Ilirx)is Department of Twqxrtation Contractor Certification Statement Prior to conducting any professional services at the site covered by this contract,the Contractor and every subcontractor must complete and return to the Resident Engineer the following certification, A separate certification must be submitted by each firm. Attach to this certification all items required by Section ILG of the Storm Water Pollution Prevention Plan(SWPPP)which will be handled by the Contractor/subcontractor completing this form. Route Levee 37: Burnitg Bush Trails Park Marked Rte. � Section Interior Di !Tprov Project No. County Contract No. This certification statement ismpart ofSVVPPPfor the project described above, inaccordance with the General WPDESPermit No. |LR10 issued by the Illinois Environmental Protection Agency, I certify under penalty of law that I understand the terms of the Permit No. ILR 10 that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification. In addition, | have read and understand all of the information and requirements stated in SWPPP for the above mentioned project; | have received copies of all appropriate maintenance procedures; and, | have provided all documentation required to be in compliance with the Permit ILR1 0 and SWPPP and will provide timely updates to these documents as necessary. �� Con1ra�or ^� � L| Sub-Contractor Print Name Signature Title T Date Name of Firm Telephone tv � s������ Y. City/State/ZIP Items which this Contractor/subcontractor will be responsible for as required in Section II.G. of SWPPP: Printed 5/30/2019 Page 7of7 aoE2842a(Rex81/15/18) NmBook PwQe2ee Nd l°Sal n Pige 1 BICC FORM Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Village of Mount Prospect Department of Public Works FROM: . _ w 4( �w I , (hereinafter called "Bidder") TO: Office of the Village Manager, 31d Floor 60 South Emerson Street Mount Prospect, Illinois 60066 (hereinafter called "Village" or "Village of Mount Prospect") Bid For: Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project The bidders have familiarized themselves with the work and probable work conditions required under this Bid affecting the cost of the work and with the Bid Documents which include: Notice to Bidders Table of Contents Instructions for Bidders General Conditions and Special Provisions Specifications Bid Form Affidavit— Bid Certification Form Bid Security Bid Sheet--2013 Drainage Improvements Project Contract Document Labor and Materials Payment bond form Performance Bond Form Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor, materials, tools appurtenances, equipment, and services (including all utility and transportation services) required to construct and complete the Work„ all in accordance with the above listed documents. Bidder agrees to perform all of the Work and provide the equipment and materials described in the Bid Documents, as follows: Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Bid Form Page 2 Bidder has bid on all items and has provided a price for all items. The Bidder acknowledges that it is responsible for verification of all pipe sizes and depths prior to the ordering of materials, The Bidder will complete and provide all labor, equipment, materials and mobilization (if applicable) to perform the Work as incidental to the fixed item price for each item proposed. In submitting this bid, the Bidder understands that the Village of Mount Prospect reserves the right to add to or subtract from the estimated quantities. Alternate Bid project. This project has alternate bids. All alternates shall be bid, or bid shall be rejected and retuned. The Village may award Base Bid + Alternate A, or Base Bid + Alternate B. Base Bid: all work not included in Alternate A or in Alternate B. Alternate A: Water Main Connection Items connecting proposed irrigation system to existing private water main [shown in plans and schedule of prices under "Alternate A" heading]. Alternate B: Water Well Connection Items connecting proposed irrigation system to proposed water well [shown in plans and schedule of prices under "Alternate B" heading), The Village of Mount Prospect intends to award one (1) contract (if at all) for the items bid, If written notice of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the prescribed form and furnish payment and performance bonds, or letter of credit, and the insurance certificates required by the Bid Documents to the Village within ten (10) days after receipt. The Bidder, and as successful bidder/Contractor upon award of the Contract understands and agrees to the following: 1) The Contractor agrees to provide all Work and items and material to the Village as noted in the Bid Documents and comply with the requirements of the Bid Documents. 2) The Contractor agrees to comply with all applicable state and federal laws, rules and regulations, and county and municipal ordinances, as described in the General Conditions. Low 37: Buming Bush Trails 11,irk Interior Drainage ITTIprovernent ProJect 1 �� ''c 1 Bid Book Flage 325 Nd F u M Page "'i All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces provided below: ................... Addendum Addendum Acknowledgement by Bidder or Date No. Date Authorized Representative wle _,_Aqkno 09eq___ ..................... ......... ................ cj c " I J- , --,-- .1! la ............. _J Failure to acknowledge receipt, as provided above, may be considered sufficient grounds for disqualification of the bidder and rejection of his/her bid submittal. A record of all Addenda and copies of same will be available to all qualified bidders from the Village of Mount Prospect Public Works Department, 1700 West Central Road, Mount Prospect, Illinois two (2) days prior to the letting. It shall be the bidder's responsibility to become fully advised of all Addenda prior to submitting its bid� Upon award the contract the Village will send Notice of Award to the successful bidder, the bidder must then execute the contract and provide the required bonds or letter of credit and certificate of insurance to the Village within ten (10) days. The Village will then issue a written Notice to Proceed, which starts the performance period and the contractor then has ten (10) days to commence work, The contractor shall reach substantial completion by May 22, 2020 (the Substantial Performance Date"), Substantial Performance is when the entire Project can be used for the purposes for which it was intended. Substantial Performance shall include all work except "DETENTION BASIN MAINTENANCE", "TEMPORARY CHAIN LINK FENCE, 8' ", "MAINTENANCE OF TEMPORARY CHAIN LINK FENCE, 8' ", and work associated with guarantees/warranties, and punchlist items associated with these items. Final completion shall be June 11, 2021 (the "Final Performance Date"), Failure to complete the work in the designated time frame may result in the Director of Public Works withholding compensation due the contractor for failure to complete the said work in the designated time frame, calling the bonds, or taking such other action as may be available, Security in the sum of ten (10%) percent of the Base Bid + Alternate B amount bid in form ,,,df(check one): It Bid Bond Certified Check Bank Cashier's Check is attached hereto in accordance with the "Instructions for Bidders". Levee 37: Burning Bush rrails Park Interior Drainage 1111proveinew Project �11,� ,,,I 13o �3oo�Page 326 Bid Form Page 4 This Bid Submittal contains the following: 1) Bid Form 2) Affidavit— Bid Certification Form 3) Bid Security 4) BID SHEET(S) — Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project Respectfully submitted: Name of Firm/Bidder: K) By: (Signature) Date: C)4 Contact Information: Official Address: u\Vde t L ck Telephone: Email: kAvN c)cl f i)s cL ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEETS (Pages 42-53) ALONG WITH THE AFFIDAVIT — BID CERTIFICATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE TO VILLAGE OF MOUNT PROSPECT. Levee 37: Burning Bush Trails Park Interior Drainage I mprov en lent ProJect BW Book Page 32 7 B�d Certffication Form Plage 1 AFFIDAVIT— BID CERTIFICATION FORM Bidder- Company/Firm Name: Address: ' �Y',,,-61 1 f'A t- C-' 'L�(rA0,L IL As a condition of entering into a contract with the Village of Mount Prospect, and under oath and penalty of perjury and possible termination of contract rights and debarment, the undersigned, V being first duly sworn on oath, deposes and states that he or " L she is SLI (sole owner, partner, joint ventured, President, Secretary, etc.) of and has the authority to make all (Name of Company) certifications required by this affidavit. Section I Non Collusion The undersigned certifies that this bid is genuine and not collusive or a sham, that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, to fix the bid price element of this bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. Section 11 Bid Riggin. � q and Rotating The undersigned further states that (Name of Company) is not barred from bidding or contracting as a result of a conviction for violations of state laws prohibiting bid rigging or bid rotating or any similar offense of any state of the United States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILCS 5/33E-3, 33E-4. Section III Drug Free Workplace The undersigned further states that (Name of Company) provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 1 LCS 580/1, et seq., and has, to the extent not covered by a collective bargaining that deals with the subject of the Substance Abuse Prevention in Public Works Projects Act, 820 ILCS, 265/1 et seq., a substance abuse prevention program that meets or exceeds these requirements of that Act. [30 Cei �ificat�oin �oinn IPage 2 Levee 37: Burning Bush Trails Park hiterior Drainage finprovenient Project 1e0 ,o Bd Bock Flage 329 AFFIDAVIT— BID CERTIFICATION FORM Section IV Tax Payment The undersigned further states that is (Name of Company) not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action. Section V Sexual Harassment Policy Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a public contract must: "Have written sexual harassment policies that shall include, at a minimum, the following information: (1) the illegality of sexual harassment; (11) the definition of sexual harassment under State law; (111) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; (V) the legal recourse, investigative and complaint process available through the Department (of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how to contact the Department and Commission; and (VII) protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human Rights Act)." A "public contract" includes: ...every contract to which the State, any of its political subdivisions or any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002), The undersigned further states that -V',,,)�"N,V,�, -,T) has (Name of Company) a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A) (4). It is expressly understood the foregoing statements and representations and promises are made as a condition to the right of the bidder to receive payment under any award made under the terms and provisions of this bid. The undersignd cerci ies that all information contained in this Affidavit is true and correct. Signed by: Title: C, Signature Name Pri e Signed sworn to before me this 20 My corn fission expir SEAL CAMILLE BARTYZEL BLIC STATE OF ILLINOIS N my COMMISSION EXPRES10/31/23 Levee 37: Burning Bush'T'rails Park Interior Drainage Improvement Project Bd IlEioolk Page 331 DiMeo Brothers, tne. 720 Richard Lane, Elk Grove, IL 60007 Phone: 847.640.2240 Fax: 847.640.2221 To whom it may concern: Re: Mount Prospect Levee 37" Burning Bush Trails Park Interior Drainage finprovernent Project DiMeo Bros., Inc., has an efficient and adequate plan for executing the work if awarded the project. We will provide a work schedule for the pre con meeting once awarded, st Regards, n Di leo Neo Bros., Inc. State of Illinois Year Corporation File No Domestic/Foreign Corporation Annual Report 20 9 5921 UO FILED FebRiary 27,2019 Jesse White,Secretary of State I Corporate Name-.9 1�MEQBRC"1 i ERS CNC Registered Agent Registered Office City, IL,Zip Code,County 2. Principal address of Corporation ZZ9-RICHARD.LAt�E ELK GROVE VIL 3a. State or Country of Incorporation ILLINOIS 3b. Date Incorporated/QualifiedtD4 Q9 1973 4. The names and addresses of ALL officers&directors MUST be listed herel CDfficers Name &Address MARK DIMEO 737 N.WASHINGTON PARK RIDGE, IL 60068 'Title Name &Address JOHN DIMEO 321 GRAND BLVD PARKRIDGE IL 60068 'b—IR-E"-C—TO-'R-'-............ ............. Name&Address MARK DIMEO 737 N.WASHINGTON PARK RIDGE, IL 60068 6. If 61% or more of the stock is owned by a minority or female, please check the appropriate box ElMinority ElFerriale E]Both 6. Number of shares authorized and issued as of Class eyes _ Pat Value ....... ........ Comm - M-.q- s 10,00000 100000b 500w000 7, The amount of paid-in-capital as of..I 120 9 1: is $ 8. All property owned by the corporation is located in Illinois and all business transacted by the corporation is in Illinois. 9. Under the penalty Of perjury and as an authorized officer, I declare that this annual report, pursuant to e provisions of the Business Corporation Act, has been SummaryFe examined by me and Is, to the best of my knowFranchise Tax: $25.00 ledge Filing Fee: $75.00 and belief,true,correct and complete. By ,JOHN DIMEO Penalty: $0.00 -KiTt—ho�l—ze Interest: $0.00 SECRETARY Title—Date E�ebruq1y 27 Total Fee: $100,00 1. ........... ------ This document was electronically generated at Wwwcyberdnveillinois.corr State of Illinois Year Corporation File No Domestic/Foreign Corporation Annual Report 2019 50216039 FILED February 27, 2019 Jesse White,Secretary of State 1. Corporate Name._21 MECO BROI!jERS, INC Registered Agent Registered Office 1RICH RD LANE City, IL,Zip Code,County ELSGR JL 60007 COOK ........... 0 'c"rs Icers Title DIRECTOR Name&Address JOHN DIMEO 321 GRAND BLVD PARK RIDGE, IL 60068 Title Name&Address .......... Name&Address ............... Name&Address Name&Address Name&Address Name&Address :FliI�......................... ...... Name&Address Title....... .......... Name&Address This document was eleCtronically generated at www cyberdrivefflinois.com Di eo Brothers, :lite. 720 :Diehard :Lane, Falk Grove, IL 60007 Phone: 847.640.2240 Fax: 847.640.2221. Pro'ect references Completed Project: Debra Lane and dandy Lane ftnprovements Owner/Engineer: 'Village of Glenview Contact: Robert Steele Phone: 847-904-4350 Amount: 1,179,765.0 Project: DeNves, Harlem, Henley Phase 1 Roadway & Utility firiprovem.ents Owner/Engineer: Village of Glenview Contact- Chris Gray � Phone: 847-904-4350 Amount: 61120,297.31 Project: Dewes, Harlem, Henley Phase 2 Roadway ay Utility Improvements Owner/Engineer: Village of Glenview Contact-. Chris Gray Phone: 847-904-4350 Amount: 1.,905,129.51. Project: Glenayre Park Phase I Road Reconstruction & Utility Improvements Owner/Engineer: Village of Glenview Contact: Robert Steele 'hone: 147-904-4350 Amount: 2,989,762.51. Project: Glenayre Park Phase 2 Load Deconstruction & Utility Improvements Owner/Engineer: Village of Glenview Contact: Robert Steele Phone: 847-904-4350 Amount: 1,76316 1.1.2 DiM:ea Brothers, Inc. 720 Richard :Lane, Elk Grove, IL 60007 Phone: 847.640.2240 Fax: 847.640.2221 Project References Completed Project: Harms ectad Relief Sewer Improvements Owner/Engineer.- Village of Glenview Contact: Shane Schneider Phone: 847-904-4350 Amount aunt 4,995,679.75 Project: Fleatherfield Lane Im rovetnents Owner/Engineer: Village of Glenview Contact: Chris Cray Phone: 847-904-4350 Amount: 1,61 1,926. 2 Project: Storm Sewer and, Detention Reservoir Project Owner: Village ofElmwood Park Engineer: Burke Contact: Dino gal a Phone: 708-452-7300 Amount: $ 6,9491132.61. Project: "mater Main Improv. Prj Contract 1-2011 Owner/Engineer: Village ofGlencoe Contact:t: David Mau Phone: 847-835-411. 1 Arnount: 2,957,96K00 Project: Glenview fid Overlook [give VV:M Extension Owner/Engineer: Village of Glenview Contact: Chris Gray Phone: 847-904-4350 .mount: 1 ,275,374.00 D iMeo :Brothers, Inc. 720 Richard Lane, Elly Grove, IL, 00007 Phone: 847.640.2240 Fax.- 847.640.2221 Proiect References Coni feted Project: Glenview Rd Overlook Drive WM Extension Owner/Engineer: Village of Glenview Contact: Chris Gray Phone: 847-904-4350 Amount: 2,019,546.00 Project: Water Main Improvement Project Contract 1-2011 Owner/Engineer: Village of Glencoe Contact: David Mau Phone: 847-835-4111 Arnount: 2,957,968.80 Project: Lemont Last Utility Improvements lm rovements . Owner/:Engineer: Strand Contact: Bruce Hill Phone: 630-887-8640 Amount: ' 1,310,118 Project: East of L1ar ms and Arbor lane Owner/Engineer: Village of Glenview Contact: Shane Schneider 'hone: 847-904-4:350 Amount: 2,291,791.76 Project Navy ByPass Storm Sewer Owner/Engineer: Village of Glenview Contact: Chris Gray Phone: 847-904--4350 Amount: 2,01.9,546.59 ------------- ........... DiMeo Brothers, Inn. 720 Richard Lane, Elk Grove, IL 60007 Phone- 847.640.2240 Fax: 847.640,2221 Prosect References Completed Project.- Nora-Neva Infrastructure Improvements Owner/Engineer: village of Glenview Contact: Scott l4uebner Phone: 847-904-4350 Amount: $ 1,695,632.06 Project: Pfingsten Rd Roadway & Utility Improvements Owner/Engineer: Village ofGlenview Contact: Robert Steele Phone: 847-904-4350 Amount: $ 2,95 ,12 .30 Project: Roadway & Utility Improvements Owner/Engineer: Village of Glenview Contact: Robert Steele Phone: 847-904-4350 Amount: $ 2,080M48.96 Project: Neighborhood Storm Sewer Improvements - Phase 3 Owner: Village of Arlington Heights Contact: Jim Zaharopoulos Phone: 847-368-5268 lontract AI'Mint $633,237.00 Project: Village Church of Barrington Owner: Village Church of Barrington Contact: Jeff Veenendaal Phone: 847-297-4700 Contract Amount $86,824.00 Project: Maycliff Stormwater Improvements Owner: Village of Orland Park Contact: Orion Galey Phone: 847-823-0500 Contract Amount: $1,564,985.00 DiMeo Brothers, Inc. 720 Richard Lane, Elk Grove, fl., 60007 Phone: 847,640.2240 Fax: 847.640.2221 Project References Completed Project: SRF Watermain Improvements Owner: Village of1-larwood Height's Contact: George Assit'nakopoulos Phone: 708-867-7200 Amount $2,146,645.00 Project: Happy Hollow Owner: Village of Glenview Contact: Robert Steele Phone: 847-904-4350 Arnount $2,473,125 Project: Elk Grove Lift Station Replacement Owner- Village of Elk Grove Village Contact: Scott Bernholdt Phone: 847-734-8800 Amount $1,265,000 Project: Pearl Street Station Owner: Village of Rosemont Contact: Michael Raimondi Phone: 847-825-4404 Amount $2,642,362.00 Project: Lake Water Supply WM Phase 2 - 1-2016 Owner: Village of Lindenhurst Conta& Kevin blahs Phone: 847-356-8252 Amount $2,813,5 1. 1 M Project: Lake Water Supply WM Phase 2 - 2-2016 Owner: Village of Lindenhurst C,ontact: Kevin Klahs Phone: 847-356-8252 Amount $3,516,248.00 VINE .....�..,...,.,. ..�..._._..,.,.....__..................._......,._.�„...,m..........,.� ..._......,..........,......_W._,........_.W.....�........._.............,_...e.......,,,,....,..,_...m.,,.,.......�....._.................._.�.�.. ..s,........,.�....�...............,..»._�..,....,........... .._...,.. .,,... ........,._....,.....,,.,...,. I.)iMeo Brothers, Inc.: 720 Richard Lane, Elk Grove, 11., 60007 Phone: 847.640.2240 Fax: 847.640.2221 Project References Completed Project: 2018 Waterinain Replacement Owner: Village of Niles (7ontact: Dan Randolph Phone: 847-588-7922 .mount $1,857,567.00 laj 'r(ae,ct: Linden and Locust Avenue Improvements Owner: Village of`Glenview Contact- Tim Schwister Phone: 847-904-4350 Amount $1,232,068.00 .00 Project: 2017 Sanitary Sewer Replacement Phase 1 Owner: Village of Barrington Contact: Marie Hansen Phone: 847-304-3460 Amount $6,434,021.00 Project: 2017 Sanitary Sewer 1 epla.cenwnt Phase 2 Owner: Village of Barrington Contact: Marie 1-Jansen Phone: 847-304-3460 Amount $5,412,03 DiMeo Brothers, Inc. 720 Richard Lane, Elk Grove, IL 60007 Phone: 847.640.2240 Fax: 847.640.2221 Trojects in Progress Project: Des Plaines (,,ontract B Owner: City ofDes Plaines Contact: Becka Shipp Phone: 847-391-5390 Contract Amount $ 4,989,92100 Project: East of 1-larms Phase 11 Owner: Village of Glenview Contact: ron, Hagerty Phone: 847-904-4350 Coritract Amount 5,287,563.00 DIMeo Bros.,Inc, 720 Richard Lane Elk Grove Village,IL$0007 Equipment Year Bobcat 72"Sweeper(AL5806) Bobcat 72"Sweeper(AL-10215) Bobcat 72"Sweeper RoadHog Heavy Duty PUB 72(AL-119221__ 2014 Bobcat 72"Sweeper RoadHog Heavy Duty PUB 72(AL-12301) Bobcat 72"Sweeper RoadHog Heavy Duty PUB 72(AL-12554) 2016 Bobcat 72"Sweeper Roadl-log Heavy Duty PUB 72(AL-12555) Bobcat 72"Sweeper RoadHog Heavy Duty PUB 72(AL-128692 2017 Bobcat 72'Sweeper RoadHog Heavy Duty PUB 72(AL-13284) 2018 Bomag BW21 I D-40 84"Smooth Drum Roller with Bornag Shell kit 2008 CAI D3 2003 CAT 815E EROPS,NC,Leveling Made with TO 2001 CAT 963 2005 DynaPac CC90OG Roller 2012 DynaPac CCI 100 Roller 2012 Huskie HH300 Hammer 1996 Ingersoll Rand Air Cornperssor 2008 John Deere 670D Motor Grader 2008 John Deere 755D Loader 2008 John Deere 950J Dozer 2006 John Deere 329E Compact Track Loader#131 2013 John Deere 329E Compact Track Loader#142 2014 Komatsu PC88MR-10 2014 Komatsu PC138 USLC-10 2015 Komatsu PC 15BUSLC-2 2003 Komatsu PC 228USLC-8 w/48"bucket and JR8 quick coupler 2012 Komatsu PC 228USLC-3E0 2008 Komatsu PC 308USLC-3 2004 Komatsu PC 308USL.C--3E0 2009 Komatsu PC 40OLC7L 2004 Komatsu PC 65OLC-8E0 2013 Komatsu WA 250-PT-5 2004 Komatsu WA250-L with forks and 30yo bucket 2007 Komatsu WA270-7(2014) 2014 KOMSulri.l WA270-7(2015) 2015 Kubota 2013 Pressure Washer 68055 2009 Remcc,Disc 20011 Sokkia C31 Autornaft Level Steiger Panther CP1400 Tractor 1984 Tandem Roller CC 100 VIB Terex Scraper TS14D Terex Scraper TS14 White Terex Scraper TS14 White Wacker Compactor 2002 Wacker WR4417 G50-T4F Generator 2015 Weber CR7CCD Reversible dlese0 plate Compactor Welder Ranger 880 Kohler King Kutter 6'Disc. Versatech 42"Skid Steer Pallet Fork 48"Loader Backhoe Ditching Bucket 30"Incavalor Compaction Bucket ESCO 78"Bucket 6,54 CU YO for PC650 Radiodetection RD7000DL+Locator, Radiodetection RD7000DL+Locator Radiodetection RD7000DL4-Locator Radiodetection RD7000DL+Locator lRadiodetection RQ7000DL+Locator Rad odetection RD7000DL+Locator TX-5 5 Watt Transmitter TX-5 5 Watt Transmitter TX-5 5 Watt:Transmitter TX-5 5 Watt Transmitter TX-5 5 Watt Transmitter TX-5 5 Watt"transmitter (2)20"Standard Storage Containers Komatus 60"Bucket with Dead Pins for the KornatSU PC650 Pipe Laser AGLGL2700 Pipe Laser AGLGL2700 Komatsu D61-Pxi Dozer 2014 Bobcat T-740 Compact Track.Loader,and HD Bucket 2015 Bobcat 5740 B-18467 with 74"HD BKT 2016 LEASED-Bobcat 5740 T4 Bobcat Skid Steer Loader with'74"HD Bucket 2017 LEASED-Bobcat 5740 T4 Bobcat Skid Steer Loader with 74"'HD Bucket 2017 LEASED-Bobcat 5740 T4 Bobcat Skid Steer Loader with 74"HD Bucket2017 LEASED-Bobcat 5740 T4 Bobcat Skid Steer Loader with 74"HD Bucket. .2017 Komatsu PC39OLC-11_(includes 1 24"bucket,1 36' bucket,148"bucket) 2016 Komatsu PC 138USL.0-11 2016 Komatsu PC88MR-10_ 2016 Wacker WR4595 Roller 2W6 Wacker WR4521 Compactor _ 2016 Komatsu WA270.7 Loader 2016 ESCO 48" Standard Duty Bucket for a PC228 2016 ESCO 60"Heavy Duty Bucket for a PC390__ 2018 48"Komatsu PC228-3 Bucket Honda Generator Terex Scraper TS 14DII Karriatsu WA270-7 2016 Komatsu WA270-7 -2016 Komatsu PC88MR-10 _ 2016 Komatsu Forklift FG25T-16 2016 Wacker LTV6L Light Tower, 2017 Light.Tower 2.5'Pintle Hitch Assembly 2017 Komatsu PC490LC-11 Excavator 2017 Komatsu P0228USL.0-10 ""2.017 Bobcat 5740 B-18697 with 74"HD Bucket 2017 Bobcat Hydraulic Breaker mth Nall Point 2017 Bomag BW211D-50 84"Compactor _ 2016 Texas Bragg Water Trailer 2017 Talbert Lowboy Trailer 2017 Wacker Compactor WP1550AW_ 20'17 Wacker Vibratory Plate DPIJ 6555 2016 Bobcat Breakers AJ-1639 Bobcat Breakers AJ-1662 Komatsu P0308USLC-3 1018 Komatsu PC35 2018 Komatsu PC 138USLC-14 2018 Doosan Portable Air Compressor,Model C 185WDZ-74F 2015 Komatsu WA270-8 2018 Bobcat T-740 Compact Track Loader 2098 Bomag Compactor(Roller)BW138 AD-5 . 2018 G25 Generator Standard T4F frorn Burris Kleeman MRI 10 Zi Crasher 2045 Wacker Compactor WP1550AW 2018 Komatsu D51PXI-24 Crawler Dozer 2019 Texas Bragg Water Trailer 2019 Bantam 475 Excavator 19703 komatsu PC138 L'-11 2019 DiMeu Brothers, Inc. 720 Richard Lane, Elk. Grove, IL 60007 Phone: 847.640,2240 Fax. 847.640.2221 Trade References Village of Glenview 2500 E bake Ave Glenview, IL 60026 Tiny Schwister 847-904-4423 Village of Barrington 200 S. 1-lough Street Barrington, IL 6001.0 Marie Hansen 847-304-3460 Village of Harwood Heights 7300 W. Wilson Ave I-Iarrvood Heights, IL 60706 George Assimakc Poulos 708-867-7200 Giebell Nancy Sinclair Phone: 847-364-0670 Concrete Specialties Jeff'Delia Phone. 630-766-3600 Mid American Water Steve Cole Phone: 630-851-4529 INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO FOR DESIGN, CONSTRUCTION, OPERATION AND MAINTENANCE OF THE LEVEE 37 INTERIOR DRAINAGE IMPROVEMENT, PROJECT THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") entered into, by and between the Metropolitan Water Reclamation District of Greater Chicago, a unit of local government and body corporate and politic, organized and existing under the laws of the State of Illinois (the "MWRDGC") and the Village of Mount Prospect, a municipal corporation and home rule unit of government organized and existing under Article VII, Section 6 of the 1970 Constitution of the State of Illinois (the "Village"). WITNESSETH: WHEREAS, on November 17, 2004, the Illinois General Assembly passed Public Act 093-1049 which amended the Metropolitan Water Reclamation District Act(hereinafter the"Act") in various ways; and WHEREAS, the Act, as amended, declares that stormwater management in Cook County shall be under the general supervision of the MWRDGC; and WHEREAS,the Act was amended again on June 18, 2014 by Public Act 098-0652,which specifically authorizes the MWRDGC to plan, implement, and finance local activities relating to stormwater management projects in Cook County; and WHEREAS, the Village is located within the boundaries of Cook County; and WHEREAS, pursuant to Article I I of the Illinois Municipal Code, 65 ILCS 5111, the Village has the authority to improve and maintain Levee 37 within its corporate limits; and WHEREAS,the Village proposes to construct a 13.4 acre-feet detention basin connected to existing storm sewers by a new 54-inch diameter storm sewer to provide the public benefit of reducing flooding in the Village (the "Public Benefit"); and WHEREAS, the Village intends design, construct, operate, maintain, and own proposed flood storage basin and associated 54-inch diameter storm sewer which will comprise the Levee 37 interior drainage improvement project; and WHEREAS, the Village's proposed plans for the Project may be approached more effectively, economically, and comprehensively with the Village and MWRDGC cooperating and using their joint efforts and resources; and WHEREAS, the size and scope of this Project would be substantially reduced but for the MWRDGC's commitment of financial and technical resources; and WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., and Section 10 of Article VII of the Illinois Constitution, allow and encourage intergovernmental cooperation; and WHEREAS,on ,the MWRDGC's Board of Commissioners authorized the MWRDGC to enter into an intergovernmental agreement with the Village; and WHEREAS, on , the Village's Board of Trustees authorized the Village to enter into an intergovernmental agreement with the MWRDGC; and NOW THEREFORE, in consideration of the matters set forth, the mutual covenants and agreements contained in this agreement and, for other good and valuable consideration, the Village and MWRDGC hereby agree as follows: Article 1.Incorporation of Recitals The recitals set forth above are incorporated herein by reference and made a part hereof. Article 2. Scope of Work 1. The work contemplated by this Agreement will include design and construction of a new 13.4 acre-feet detention basin at Burning Bush Trails Park connected to existing storm sewers by a new 54-inch diameter storm sewer as depicted on Exhibit 1. (collectively the 2 "Facilities") All work to design, construct, operate, and maintain the Facilities shall hereinafter be referred to as the "Project." 2. The Village, at its sole cost and expense, shall cause to be prepared construction drawings, specifications, and details (hereinafter"Construction Documents") for the Project. 3. The Project shall realize the Public Benefit of helping to alleviate flooding, located within the Village. 4. The Village shall provide MWRDGC with a copy of 60% and 98% complete Construction Documents for MWRDGC's approval as to the Public Benefit. 5. MWRDGC shall review and provide comments to the Village as to the Project's Public Benefit in writing within 30 calendar days of receipt of the 60% and 98% complete Construction Documents. The Village shall incorporate MWRDGC's review comments into the Construction Documents. 6. While MWRDGC will reimburse the Village for a portion of the Project, the Village bears sole responsibility for the overall cost, expense and payment for the Project. The Village shall construct the Project in accordance with the final Construction Documents. 7. To the extent practicable, the Village, its agents, contractors, or employees shall use MWRDGC biosolids in any amendments performed to the soil of the Project area,including but not limited to,landscaping. Subject to availability,MWRDGC will provide the biosolids free of charge with the Village being required to pay for and make arrangements for transportation necessary to deliver the biosolids to the Project area. 8. The Village will publicly advertise the Project and publicly award all Project-related construction contracts to the lowest responsible bidder as determined by the Village. The Village shall consider and act in general accord with the applicable standards of MWRDGC's Purchasing Act, 70 ILCS 2605/11.1-11.24, (attached to this Agreement as Exhibit 2)when advertising and awarding the construction contracts. The Village shall also require a payment bond and performance bond for all Project-related construction contracts in general accord with the applicable standards of Exhibit 2. The Village may impose more 3 stringent requirements than those contained in Exhibit 2 when awarding Project-related construction contracts, but in no event shall the Village's requirements fall below MWRDGC's applicable general standards. The Village need not include the attached Exhibit 2 as part of its bid documents. The Village is responsible for ensuring that these applicable minimum requirements are met. 9. The Village agrees that the Project is a"Covered Project"as defined in MWRDGC's Multi- Project Labor Agreement for Cook County ("MPLA") (attached to this Agreement as Exhibit 3).As such,the Village agrees to be obligated as MWRDGC would be in the MPLA and will ensure that the standards and requirements for "Covered Projects" will be met for the Project, as applicable. The Village may impose more stringent requirements than those contained in the MPLA when awarding Project-related construction contracts, but in no event shall the Village's requirements fall below the standards for "Covered Projects" detailed in it. The attached Exhibit 3 need not be included as part of the Project's bid documents, however, the Village is responsible for ensuring that its applicable minimum requirements are met. 10. The Village must comply with the applicable portions of MWRDGC's Affirmative Action Requirements and Affirmative Action Ordinance(attached to this Agreement as Exhibit 4). Affirmative Action goals for the Project are: 20% of the total amount of reimbursement to be provided by MWRDGC for the Project for Minority-Owned Business Enterprises, 10% of the total amount of reimbursement to be provided by MWRDGC for the Project for Women-Owned Business Enterprises, and 10% of the total amount of reimbursement to be provided by MWRDGC for the Project for Small Business Enterprises. 11. The Village will comply with MWRDGC's Affirmative Action goals with respect to that portion of the cost of the Project for which MWRDGC has contributed funds. The determination as to whether the Village has complied with these Affirmative Action goals is solely in MWRDGC's discretion. If the Village fails to fully comply with these Affirmative Action goals, as determined by MWRDGC, MWRDGC may withhold payments to the Village up to or equal to the dollar amount by which the Village failed to meet the Affirmative Action goal(s). 4 12. MWRDGC will have the right to access and inspect, with reasonable notice, any records or documentation related to the Village's compliance with MWRDGC's Affirmative Action goals and requirements. 13. In order to evidence compliance with MWRDGC's Affirmative Action Requirements, the Village must submit the following items to MWRDGC's Diversity Administrator prior to the start of construction: (1) a completed Utilization Plan, attached to this Agreement as Exhibit 5; and (2) a letter from a certifying agency that verifies the vendors' MBE/WBE/SBE status. Failure to timely submit a Utilization Plan or certifying letter may result in a payment delay and/or denial. 14. The Village must comply with the applicable portions of the MWRDGC's Veteran's Business Enterprise (VBE) Contracting Policy Requirements (attached to this Agreement as Exhibit 6). VBE goals for the Project are: 3% of the total amount of reimbursement to be provided by the MWRDGC for the Project for Veteran's Business Enterprises. 15. The determination as to whether the Village has complied with the MWRDGC's VBE policy is solely in the MWRDGC's discretion. If the City fails to fully comply with this policy, as determined by the MWRDGC, the MWRDGC may withhold payments to the City up to or equal to the dollar amount by which the City failed to meet the Affirmative Action goal(s). 16. The MWRDGC has the right to access and inspect, with reasonable notice and during regular business hours, any records or documentation related to the Village compliance with the MWRDGC's VBE policy. 17. In order to evidence compliance with the MWRDGC's VBE policy, the Village must submit the following items to the MWRDGC's Diversity Administrator prior to the start of construction: (1) a completed VBE Commitment Form, attached to this Agreement as Exhibit 7; and(2) a letter from a certifying agency that verifies the vendors' VBE status. Failure to timely submit a VBE Commitment Form or certifying letter may result in a payment delay and/or denial. 5 18. Every 30 days from the start of construction until its completion, the Village must submit to MWRDGC's Diversity Administrator the following: (1) an Affirmative Action Status Report ("Status Report") attached to this Agreement as Exhibit 8; and a completed VBE Commitment Form; (2) full or partial lien waivers from the participating MBE/WBE/SBE/VBE vendors, as applicable; and(3)proof of payment to the participating MBE/WBE/SBE/VBE vendors (e.g., canceled checks), as applicable. Failure to submit a Status Report and any supporting documentation may result in a payment delay and/or denial. 19. The Village shall comply with the Prevailing Wage Act, 820 ILCS 130/0.01 et seq. Current prevailing wage rates for Cook County are determined by the Illinois Department of Labor. The prevailing wage rates are available on the Illinois Department of Labor's official website. It is the responsibility of the Village to obtain and comply with any revisions to the rates should they change throughout the duration of the Agreement. 20. The Village, at its sole cost and expense, shall provide the final design of the Project, land acquisition and remediation, and construction oversight and administrative support for the Project. 21. The Village shall submit an Operation and Maintenance Plan(hereinafter the"O&M Plan") for MWRDGC's review and approval. The O&M Plan shall be included as part of the Agreement as Exhibit 9. At its sole cost and expense,the Village shall operate and maintain the Project in accordance with the O&M Plan. 22. MWRDGC shall reimburse the Village for 38.51% of the total construction cost of the Project, but in no event shall that amount exceed Two Million and NO/100 Dollars ($1,348,000.00) (the "Maximum Reimbursement Amount"). All funding provided by MWRDGC shall be exclusively to reimburse the Village for the construction of the Project. The Village will be responsible for securing funding or contributing its own funds for all costs necessary to construct the Project in accordance with the Construction Documents. For purposes of this Agreement, "construction" shall mean all work necessary to build the Project as depicted in the Construction Documents. The Village shall be solely responsible 6 for change orders, overruns or any other increases in cost of the Project. MWRDGC shall disburse funds to Village in accordance with the following schedule: a. 25% at receipt of invoices for 25% completion of construction of the Facilities; b. 25% at receipt of invoices for 50% completion of construction of the Facilities; c. 25% at receipt of invoices for 75% completion of construction of the Facilities; and d. Subject to the Maximum Reimbursement Amount, the remaining amount necessary to cover 38.51% of the Project cost shall be paid upon receipt of invoices for final completion and after final inspection by the MWRDGC. The MWRDGC will only pay invoices submitted in strict accordance with this schedule. The Village shall submit invoices for the representative percentage of construction within thirty (30) days of meeting its respective completion percentage. 23. MWRDGC's Maximum Reimbursement Amount is based on the funding amount that MWRDGC's Board of Commissioners has approved and appropriated for purposes of this Agreement for the current fiscal year. Any additional funding from MWRDGC beyond the current fiscal year is subject to the approval of MWRDGC's Board of Commissioners. 24. To date, the Village has spent approximately $80,331.22 on engineering, property acquisition, and other design-related project costs. The Village will also contribute approximately $2,152,000.00 towards total construction costs, including construction inspection. 25. As a condition for reimbursement, the Village shall submit copies of construction invoices to MWRDGC for MWRDGC's review and approval, such approval not to be unreasonably withheld. 26. The Village shall return all funds provided by MWRDGC if construction of the Project is not completed in accordance with the Construction Documents within two (2) years of Village's initial award of a construction contract related to the Project, unless MWRDGC approves extension prior to the expiration of the two (2) year completion period; such approvals shall not be unreasonably withheld. 7 Article 3. Permits and Fees 1. Federal, State,and County Requirements. The Village shall obtain all federal, state,county, and local permits required by law for the construction of the Project, and shall assume any costs in procuring said permits. Additionally, the Village shall obtain all consents and approvals required by federal, state, and/or county regulations for the construction of the Project, and shall assume any costs incurred in procuring all such consents and approvals. 2. Operation and Maintenance. The Village shall obtain any and all permits necessary for the performance of any operations or maintenance work associated with the improvements to be constructed by the Village in connection with the Project, and in accordance with Article 5 of this Agreement. Article 4. Property Interests 1. Prior to construction, the Village shall acquire any temporary or permanent easements, license agreements, or fee simple title as may be necessary for construction, maintenance, and access to the Project. Any property interests acquired by the Village must be consistent with MWRDGC's right to access the Project to conduct an inspection or perform maintenance as set out in Article 5. 2. Should acquisition of property interests via condemnation be necessary, the Village shall incur all associated costs, including purchase price and/or easement fee as well as any attorney fees. 3. The Village shall record all easements, licenses, or deeds acquired for the Project. 4. The Village shall own all of the improvements constructed for the Project. Nothing in this Agreement shall be construed as creating an ownership or property interest for MWRDGC in any part of the Project. Article 5. Maintenance 1. The Village, at its sole cost and expense, shall perpetually maintain the facilities, and any other associated appurtenances in accordance with the O&M plan approved by MWRDGC. 8 2. The Village shall conduct annual inspections to ensure adequate maintenance of the Project. The Village shall prepare a report detailing its annual inspection, observations, and conclusions including whether the Project is operating as designed, functioning, and providing the intended Public Benefit. The annual inspection report shall be stamped by a Professional Engineer licensed by the State of Illinois. The stamped annual inspection report shall be provided to MWRDGC within thirty (30) days of completion. 3. MWRDGC shall have the right(including any necessary right of access)to conduct its own annual inspection of the constructed Project upon reasonable notice to the Village. 4. In the event of failure of the Village to maintain the Project as described above to the satisfaction of MWRDGC, MWRDGC may issue a thirty (30) day written notice by certified or registered mail to the Village directing the Village to perform such maintenance. If maintenance has not been accomplished on or before thirty(30) days after such notice,MWRDGC may cause such maintenance to be performed and the Village shall pay MWRDGC the entire cost MWRDGC incurred to perform the required maintenance. 5. In the event of failure of the Village to maintain or operate the Project to provide the intended public benefit,MWRDGC may demand that some or all of the funding it provided under this Agreement be returned to MWRDGC. 6. In performing its obligations under this Article, the Village shall comply with all access restrictions and notice requirements set forth in the easements, licenses, or deeds recorded pursuant to Article 4 of this Agreement. Article 6.Notification 1. Bid Advertisement. The Village will provide MWRDGC with thirty (30) days' notice prior to Bid Advertisement for the Project. 9 2. Construction. The Village shall provide MWRDGC with a construction schedule and provide MWRDGC a minimum of seventy-two (72) hours' notice before the following project milestones: • Start of work • Substantial completion • Completion of work Article 7. Termination by the Village Prior to commencement of construction of the Project, the Village may, at its option, and upon giving notice to MWRDGC in the manner provided in Article 25 below, terminate this Agreement as it pertains to the entire Project. The Village shall return all Project-related funds received from MWRDGC no later than fourteen (14) days following its termination of the Agreement. Article 8. Termination by MWRDGC Prior to Bid Advertisement of the Project, MWRDGC may, at its option, and upon giving notice to the Village in the manner provided in Article 25 below, terminate this Agreement as it pertains to the entire Project. Article 9.Effective Date This Agreement becomes effective on the date that the last signature is affixed hereto. Article 10. Duration Subject to the terms and conditions of Articles 7 and 8 above, this Agreement shall remain in full force and effect for perpetuity. Article 11.Non-Assignment Neither Party may assign its rights or obligations hereunder without the written consent of the other Party. 10 Article 12.Waiver of Personal Liability No official, employee, or agent of either Party to this Agreement shall be charged personally by the other Party with any liability or expenses of defense incurred as a result of the exercise of any rights, privileges, or authority granted herein, nor shall he or she be held personally liable under any term or provision of this Agreement, or because of a Party's execution or attempted execution of this Agreement, or because of any breach of this Agreement. Article 13. Indemnification The Village shall defend, indemnify, and hold harmless MWRDGC, its Commissioners, officers, employees, and other agents ("the MWRDGC Party") from liabilities of every kind, including losses, damages and reasonable costs, payments and expenses (such as, but not limited to, court costs and reasonable attorney fees and disbursements), claims, demands, actions, suits, proceedings,judgments, or settlements, any or all of which are asserted by any individual, private entity, or public entity against MWRDGC Party and arise out of or are in any way related to: (1) design, construction, or maintenance of the Project that is the subject of this Agreement; or(2)the exercise of any right,privilege, or authority granted to the Village under this Agreement. Article 14. Representations of the Village The Village covenants, represents, and warrants as follows: 1. The Village has full authority to execute, deliver, and perform or cause to be performed this Agreement; and 2. The individuals signing this Agreement and all other documents executed on behalf of Village are duly authorized to sign same on behalf of and to bind the Village; and 3. The execution and delivery of this Agreement,consummation of the transactions provided for herein, and the fulfillment of the terms hereof will not result in any breach of any of the terms or provisions of or constitute a default under any agreement of the Village or any instrument to which the Village is bound or any judgment, decree, or order of any court or governmental body or any applicable law,rule, or regulation; and 11 4. The Village has allocated$2,152,000.00 in funds for this Project,which are separate from and in addition to the funds to be provided by MWRDGC under this Agreement. Article 15. Representations of MWRDGC MWRDGC covenants, represents, and warrants as follows: 1. MWRDGC has full authority to execute, deliver, and perform or cause to be performed this Agreement; and 2. The individuals signing this Agreement and all other documents executed on behalf of MWRDGC are duly authorized to sign same on behalf of and to bind MWRDGC; and 3. The execution and delivery of this Agreement,consummation of the transactions provided for herein, and the fulfillment of the terms hereof will not result in any breach of any of the terms or provisions of or constitute a default under any agreement of MWRDGC or any instrument to which MWRDGC is bound or any judgment, decree, or order of any court or governmental body or any applicable law,rule, or regulation. Article 16.Disclaimers This Agreement is not intended, nor shall it be construed, to confer any rights, privileges, or authority not permitted by Illinois law. Nothing in this Agreement shall be construed to establish a contractual relationship between MWRDGC and any party other than the Village. Article 17.Waivers Whenever a Party to this Agreement by proper authority waives the other Party's performance in any respect or waives a requirement or condition to performance, the waiver so granted, whether express or implied, shall only apply to the particular instance and shall not be deemed a waiver for subsequent instances of the performance, requirement, or condition. No such waiver shall be construed as a modification of this Agreement regardless of the number of times the performance, requirement, or condition may have been waived. 12 Article 18. Severability If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such invalidity,illegality,or unenforceability will not affect any other provisions of this Agreement, and this Agreement will be construed as if such invalid,illegal, or unenforceable provision has never been contained herein. The remaining provisions will remain in full force and will not be affected by the invalid, illegal, or unenforceable provision or by its severance. In lieu of such illegal, invalid, or unenforceable provision, there will be added automatically as part of this Agreement a provision as similar in its terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable. Article 19.Necessary Documents Each Party agrees to execute and deliver all further documents, and take all further action reasonably necessary to effectuate the purpose of this Agreement. Upon the completion of the Project, the Village shall provide MWRDGC with a full sized copy of"As-Built"drawings for the Project. The drawings shall be affixed with the"As-Built"printed mark and must be signed by both the Village resident engineer and the contractor. Article 20. Compliance with Applicable Laws and Deemed Inclusion of Same The Parties agree to observe and comply with all federal, State and local laws, codes and ordinances applicable to the Project. Provisions required (as of the effective date) by law, ordinances, rules, regulations, or executive orders to be inserted in this Agreement are deemed inserted in this Agreement whether or not they appear in this Agreement or,upon application by either Party, this Agreement will be amended to make the insertions. However, in no event will the failure to insert such provisions before or after this Agreement is signed prevent its enforcement. The Parties to this Agreement shall comply with all applicable federal, State and local laws, rules and regulations in carrying out the terms and conditions of this Agreement, including the Equal Opportunity clause set forth in Appendix A to the Illinois Department of Human Rights' regulations, which is incorporated by reference in its entirety as though fully set forth herein. 13 Article 21. Entire Agreement This Agreement, and any exhibits or riders attached hereto, shall constitute the entire agreement between the Parties. No other warranties, inducements, considerations, promises, or interpretations shall be implied or impressed upon this Agreement that are not expressly set forth herein. Article 22.Amendments This Agreement shall not be amended unless it is done so in writing and signed by the authorized representatives of both Parties. Article 23. References to Documents All references in this Agreement to any exhibit or document shall be deemed to include all supplements and/or authorized amendments to any such exhibits or documents to which both Parties hereto are privy. Article 24.Judicial and Administrative Remedies The Parties agree that this Agreement and any subsequent Amendment shall be governed by, and construed and enforced in accordance with, the laws of the State of Illinois in all respects, including matters of construction,validity, and performance. The Parties further agree that the proper venue to resolve any dispute which may arise out of this Agreement is the appropriate Court of competent jurisdiction located in Cook County, Illinois. The rights and remedies of MWRDGC or the Village shall be cumulative, and election by MWRDGC or the Village of any single remedy shall not constitute a waiver of any other remedy that such Party may pursue under this Agreement. Article 25.Notices Unless otherwise stated in this Agreement, any and all notices given in connection with this Agreement shall be deemed adequately given only if in writing and addressed to the Party for whom such notices are intended at the address set forth below. All notices shall be sent by 14 personal delivery, UPS, Fed Ex or other overnight messenger service, first class registered or certified mail,postage prepaid, return receipt requested, by facsimile, or by electronic mail. A written notice shall be deemed to have been given to the recipient Party on the earlier of(a) the date it is hand-delivered to the address required by this Agreement; (b) with respect to notices sent by mail, two days (excluding Sundays and federal holidays) following the date it is properly addressed and placed in the U.S. Mail,with proper postage prepaid; (c)with respect to notices sent by facsimile, on the date sent, if sent to the facsimile number(s) set forth below and upon proof of delivery as evidenced by the sending fax machine; (d)with respect to notices sent by email, on the date of notification of delivery receipt, if delivery was during normal business hours of the recipient, or on the next business day, if delivery was outside normal business hours of the recipient. The name of this Agreement i.e., "INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO FOR DESIGN, CONSTRUCTION, OPERATION AND MAINTENANCE OF THE LEVEE 37 INTERIOR DRAINAGE IMPROVEMENT PROJECT" must be prominently featured in the heading of all notices sent hereunder. Any and all notices referred to in this Agreement, or that either Party desires to give to the other, shall be addressed as set forth in Article 26, unless otherwise specified and agreed to by the Parties. Article 26. Representatives Immediately upon execution of this Agreement, the following individuals will represent the Parties as a primary contact and receipt of notice in all matters under this Agreement. For the MWRDGC: For the Village: Director of Engineering Mr. Mike Cassady Metropolitan Water Reclamation District Village Manager of Greater Chicago 50 S Emerson Street 100 East Erie Street Mount Prospect, Illinois 60056 Chicago, Illinois 60611 Phone: (847) 392-6000 Phone: (312) 751-7905 Fax: (847)-392-6022 Fax: (312) 751-5681 Email: mcassady@mountprospect.org Email: oconnorc@mwrd.org 15 Each Party agrees to promptly notify the other Party of any change in its designated representative, which notice shall include the name, address, telephone number , fax number, and email address of the representative for such Party for the purpose hereof. Article 27. Interpretation and Execution 1. The Parties agree that this Agreement shall not be construed against a Party by reason of who prepared it. 2. Each Party agrees to provide a certified copy of the ordinance, bylaw, or other authority demonstrating that the person(s) signing this Agreement is/are authorized to do so and that this Agreement is a valid and binding obligation of the Party. 3. The Parties agree that this Agreement shall be executed in quadruplicate. IN WITNESS WHEREOF,the Metropolitan Water Reclamation District of Greater Chicago and the Village of Mount Prospect, the parties hereto, have each caused this Agreement to be executed by their duly authorized officers, duly attested and their seals hereunto affixed. VILLAGE OF MOUNT PROSPECT BY: Arlene A. Juracek, Mayor ATTEST: Karen Agoranos, Village Clerk Date 16 METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO Chairman of the Committee on Finance Date Executive Director Date ATTEST: Clerk Date APPROVED AS TO ENGINEERING, OPERATIONS, AND TECHNICAL MATTERS: Engineer of Stormwater Management Date Assistant Director of Engineering Date Director of Engineering Date APPROVED AS TO FORM AND LEGALITY: Head Assistant Attorney Date General Counsel Date 17 Exhibits and Attachments Exhibit l: Project Vicinity Map Exhibit 2: MWRDGC's Purchasing Act Exhibit 3: MPLA Exhibit 4: Affirmative Action Ordinance, Revised Appendix D Exhibit 5: Utilization Plan Exhibit 6: Veteran's Business Enterprise Contracting Policy Requirements Exhibit 7: Veteran's Business Enterprise Commitment Form Exhibit 8: Affirmative Action Status Report Exhibit 9: Operation and Maintenance Plan 18 i ✓':, a r�,;J nc. r �r i ,1,F ���/'� pl p," r+� �r ��fi%y r����1 w � W �rn o x g Q 0 2 2 U +� o ao a ill o ,n ti W m ct of �T�a & x c�"K. m W � T o i7 u_w ,, F- n (7 a > a 9 i; ua7a�U m ° tea °vz wo Q)ti O " , ' a wu0wM� ni- 5; n - p o z w '�," O u CL 's u7 cr cr > AC, ,r n a- are rr s . r 1 coa0 O- O » as OaO aR�OIL Z LL oc3 e`3 e3 X " "P v)ul ul 6 d z Z O H W W fWJy we a N � �I � r� i���, � ��✓%/ y � / � � o OO�� J f�, LL, i ry ' W wz 1 r ,a a t ✓ra „ "°a��� o a w�, � r �"i�� �/ � � � ro�% r 7 �� � �p� � n � c rt9 .r � � ,� y �✓� c � snag. � � yO r; ui ,1 U 6�O W hw7 1 I p w a w au: u U) tk,�, ) n 9 B <W D z he o r �� v f rp. © � ci r c LL W o a rr r s i m O z `S 1- a 14 a u EXHIBIT 2 (70 ILCS 2605/11.1) (from Ch. 42, par. 331 . 1) Sec. 11.1. Sections 11.1 through 11.24 of this amendatory Act of 1963 shall be known and may be cited as the "Purchasing Act for the Metropolitan Sanitary District of Greater Chicago. " (Source: P.A. 82-1046. ) (70 ILCS 2605/11 .2) (from Ch. 42, par. 331.2) Sec. 11.2. In addition to all the rights, powers, privileges, duties and obligations conferred thereon in "An Act to create sanitary districts and to remove obstructions in the Des Plaines and Illinois rivers", approved May 29, 1889, as amended, the Metropolitan Sanitary District of Greater Chicago shall have the rights, powers and privileges and shall be subject to the duties and obligations conferred thereon by this amendatory Act of 1963. (Source: Laws 1963, p. 2498. ) (70 ILCS 2605/11 . 3) (from Ch. 42, par. 331.3) Sec. 11.3. Except as provided in Sections 11 .4 and 11 .5, all purchase orders or contracts involving amounts in excess of the mandatory competitive bid threshold and made by or on behalf of the sanitary district for labor, services or work, the purchase, lease or sale of personal property, materials, equipment or supplies, or the granting of any concession, shall be let by free and open competitive bidding after advertisement, to the lowest responsible bidder or to the highest responsible bidder, as the case may be, depending upon whether the sanitary district is to expend or receive money. All such purchase orders or contracts which shall involve amounts that will not exceed the mandatory competitive bid threshold, shall also be let in the manner prescribed above whenever practicable, except that after solicitation of bids, such purchase orders or contracts may be let in the open market, in a manner calculated to insure the best interests of the public. The provisions of this section are subject to any contrary provisions contained in "An Act concerning the use of Illinois mined coal in certain plants and institutions", filed July 13, 1937, as heretofore and hereafter amended. For purposes of this Section, the "mandatory competitive bid threshold" is a dollar amount equal to 0.1% of the total general fixed assets of the district as reported in the most recent required audit report. In no event, however, shall the mandatory competitive bid threshold dollar amount be less than $10, 000 or more than $40, 000. Notwithstanding the provisions of this Section, the sanitary district is expressly authorized to establish such procedures as it deems appropriate to comply with state or federal regulations as to affirmative action and the utilization of small and minority businesses in construction and procurement contracts. (Source: P.A. 92-195, eff. 1-1-02. ) (70 ILLS 2605/11 . 4) (from Ch. 42, par. 331.4) Sec. 11.4. Contracts which by their nature are not adapted to award by competitive bidding, such as, but not only, contracts for the services of individuals possessing a high degree of professional skill where the ability or fitness of the individual plays an important part, contracts for the purchase or sale of utilities and contracts for materials economically procurable only from a single source of supply and leases of real property where the sanitary district is the lessee shall not be subject to the competitive bidding requirements of this Act. The sanitary district is expressly authorized to procure from any federal, state or local governmental unit or agency such surplus materials, as may be made available without conforming to the competitive bidding requirements of this Act. Regular employment contracts, whether classified in civil service or not, shall not be subject to the competitive bidding requirements of this Act. (Source: Laws 1963, p. 2498. ) (70 ILCS 2605/11 . 5) (from Ch. 42, par. 331.5) Sec. 11.5. In the event of an emergency affecting the public health or safety, so declared by action of the board of trustees, which declaration shall describe the nature of the injurious effect upon the public health or safety, contracts may be let to the extent necessary to resolve such emergency without public advertisement. The declaration shall fix the date upon which such emergency shall terminate. The date may be extended or abridged by the board of trustees as in its judgment the circumstances require. The executive director appointed in accordance with Section 4 of this Act shall authorize in writing and certify to the director of procurement and materials management those officials or employees of the several departments of the sanitary district who may purchase in the open market without filing a requisition or estimate therefor, and without advertisement, any supplies, materials, equipment or services, for immediate delivery to meet bona fide operating emergencies where the amount thereof is not in excess of $50, 000; provided, that the director of procurement and materials management shall be notified of such emergency. A full written account of any such emergency together with a requisition for the materials, supplies, equipment or services required therefor shall be submitted immediately by the requisitioning agent to the executive director and such report and requisition shall be submitted to the director of procurement and materials management and shall be open to public inspection for a period of at least one year subsequent to the date of such emergency purchase. The exercise of authority in respect to purchases for such bona fide operating emergencies shall not be dependent upon a declaration of emergency by the board of trustees under the first paragraph of this Section. (Source: P.A. 95-923, eff. 1-1-09; 96-165, eff. 8-10-09. ) (70 ILCS 2605/11. 6) (from Ch. 42, par. 331. 6) Sec. 11. 6. The head of each department shall notify the director of procurement and materials management of those officers and employees authorized to sign requests for purchases. Requests for purchases shall be void unless executed by an authorized officer or employee and approved by the director of procurement and materials management. Requests for purchases may be executed, approved and signed manually or electronically. Officials and employees making requests for purchases shall not split or otherwise partition for the purpose of evading the competitive bidding requirements of this Act, any undertaking involving amounts in excess of the mandatory competitive bid threshold. (Source: P.A. 95-923, eff. 1-1-09. ) (70 ILCS 2605/11.7) (from Ch. 42, par. 331.7) Sec. 11.7. All proposals to award purchase orders or contracts involving amounts in excess of the mandatory competitive bid threshold shall be published at least 12 calendar days in advance of the date announced for the receiving of bids, in a secular English language newspaper of general circulation in said sanitary district and shall be posted simultaneously on readily accessible bulletin boards in the principal office of the sanitary district. Nothing contained in this section shall be construed to prohibit the placing of additional advertisements in recognized trade journals. Advertisements for bids shall describe the character of the proposed contract or agreement in sufficient detail either in the advertisement itself or by reference to plans, specifications or other detail on file at the time of publication of the first announcement, to enable the bidders to know what their obligation will be. The advertisement shall also state the date, time and place assigned for the opening of bids. No bids shall be received at any time subsequent to the time indicated in the announcement; however, an extension of time may be granted for the opening of such bids upon publication in the same newspaper of general circulation in said sanitary district stating the date to which bid opening has been extended. The time of the extended bid opening shall not be less than 5 days after publication, Sundays and legal holidays excluded. Cash, cashier's check or a certified check payable to the clerk and drawn upon a bank, as a deposit of good faith, in a reasonable amount not in excess of 10% of the contract amount, may be required of each bidder by the director of procurement and materials management on all bids involving amounts in excess of the mandatory competitive bid threshold. If a deposit is required, the advertisement for bids shall so specify. Instead of a deposit, the director of procurement and materials management may allow the use of a bid bond if the bond is issued by a surety company that is listed in the Federal Register and is authorized to do business in the State of Illinois. (Source: P.A. 95-923, eff. 1-1-09. ) (70 ILCS 2605/11 . 8) (from Ch. 42, par. 331.8) Sec. 11. 8. Any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition by agreement to bid a fixed price, or otherwise, shall render the bids of such bidder void. Each bidder shall accompany his bid with a sworn statement, or otherwise swear or affirm, that he has not been a party to any such agreement or collusion. Any disclosure in advance of the opening of bids, on the terms of the bids submitted in response to an advertisement, made or permitted by the director of procurement and materials management or any officer or employee of said sanitary district shall render the proceedings void and shall require re-advertisement and re-award. (Source: P.A. 95-923, eff. 1-1-09. ) (70 ILCS 2605/11 . 9) (from Ch. 42, par. 331. 9) Sec. 11. 9. All sealed bids shall be publicly opened by the director of procurement and materials management, or his designee, and such bids shall be open to public inspection for a period of at least 48 hours before award is made; provided, this provision shall not apply to the sale of bonds, tax anticipation warrants or other financial obligations of the sanitary district. (Source: P.A. 95-923, eff. 1-1-09. ) (70 ILCS 2605/11 . 10) (from Ch. 42, par. 331.10) Sec. 11.10. Every contract or purchase order involving amounts in excess of the mandatory competitive bid threshold shall be signed by the president or other duly authorized officer of the board of commissioners, by the executive director, by the clerk and by the director of procurement and materials management. Each bid with the name of the bidder shall be entered upon a record which shall be open to public inspection in the office of the director of procurement and materials management. After the award is made, the bids shall be entered in the official records of the board of commissioners. All purchase orders or contracts involving amounts that will not exceed the mandatory competitive bid threshold shall be let by the director of procurement and materials management. They shall be signed by the director of procurement and materials management and the clerk. All records pertaining to such awards shall be open to public inspection for a period of at least one year subsequent to the date of the award. An official copy of each awarded purchase order or contract together with all necessary attachments thereto, including assignments and written consent of the director of procurement and materials management shall be retained by the director of procurement and materials management in an appropriate file open to the public for such period of time after termination of contract during which action against the municipality might ensue under applicable laws of limitation. Certified copies of all completed contracts and purchase orders shall be filed with the clerk. After the appropriate period, purchase orders, contracts and attachments in the clerk's possession may be destroyed by direction of the director of procurement and materials management. The provisions of this Act are not applicable to joint purchases of personal property, supplies and services made by governmental units in accordance with Sections 1 through 5 of "An Act authorizing certain governmental units to purchase personal property, supplies and services jointly, " approved August 15, 1961. (Source: P.A. 95-923, eff. 1-1-09. ) (70 ILCS 2605/11 .11) (from Ch. 42, par. 331.11) Sec. 11.11. In determining the responsibility of any bidder, the director of procurement and materials management may take into account, in addition to financial responsibility, past records of transactions with the bidder, experience, adequacy of equipment, ability to complete performance within a specific time and other pertinent factors, including but not limited to whether the equipment or material is manufactured in North America. (Source: P.A. 95-923, eff. 1-1-09. ) (70 ILCS 2605/11 .12) (from Ch. 42, par. 331.12) Sec. 11.12. Any and all bids received in response to an advertisement may be rejected by the director of procurement and materials management if the bidders are not deemed responsible, or the character or quality of the services, supplies, materials, equipment or labor do not conform to requirements, or if the public interest may be better served thereby. (Source: P.A. 95-923, eff. 1-1-09. ) (70 ILLS 2605/11 . 13) (from Ch. 42, par. 331.13) Sec. 11.13. Bond, with sufficient sureties, in such amount as shall be deemed adequate by the director of procurement and materials management not only to insure performance of the contract in the time and manner specified in said contract but also to save, indemnify and keep harmless the sanitary district against all liabilities, judgments, costs and expenses which may in anywise accrue against said sanitary district in consequence of the granting of the contract or execution thereof shall be required for all contracts relative to construction, rehabilitation or repair of any of the works of the sanitary district and may be required of each bidder upon all other contracts in excess of the mandatory competitive bid threshold when, in the opinion of the director of procurement and materials management, the public interest will be better served thereby. In accordance with the provisions of "An Act in relation to bonds of contractors entering into contracts for public construction", approved June 20, 1931, as amended, all contracts for construction work, to which the sanitary district is a party, shall require that the contractor furnish bond guaranteeing payment for materials and labor utilized in the contract. (Source: P.A. 95-923, eff. 1-1-09. ) (70 ILCS 2605/11. 14) (from Ch. 42, par. 331.14) Sec. 11. 14. No contract to which the sanitary district is a party shall be assigned by the successful bidder without the written consent of the director of procurement and materials management. In no event shall a contract or any part thereof be assigned to a bidder who has been declared not to be a responsible bidder in the consideration of bids submitted upon the particular contract. (Source: P.A. 95-923, eff. 1-1-09. ) (70 ILCS 2605/11 . 15) (from Ch. 42, par. 331.15) Sec. 11.15. No person shall be employed upon contracts for work to be done by any such sanitary district unless he or she is a citizen of the United States, a national of the United States under Section 1401 of Title 8 of the United States Code, an alien lawfully admitted for permanent residence under Section 1101 of Title 8 of the United States Code, an individual who has been granted asylum under Section 1158 of Title 8 of the United States Code, or an individual who is otherwise legally authorized to work in the United States. (Source: P.A. 98-280, eff. 8-9-13; 99-231, eff. 8-3-15. ) (70 ILLS 2605/11 . 16) (from Ch. 42, par. 331.16) Sec. 11. 16. The executive director, with the advice and consent of the board of trustees, shall appoint the director of procurement and materials management. Any person appointed as the director of procurement and materials management must have served at least 5 years in a responsible executive capacity requiring knowledge and experience in large scale purchasing activities . In making the appointment, the president shall appoint an advisory committee consisting of 5 persons, one of whom shall be the executive director, which advisory board shall submit not fewer than 3 names to the general superintendent for the appointment. The executive director shall make the appointment from nominees submitted by the Advisory Committee after giving due consideration to each nominee's executive experience and his ability to properly and effectively discharge the duties of the director of procurement and materials management. The director of procurement and materials management may be removed for cause by the executive director. He is entitled to a public hearing before the executive director prior to such anticipated removal. The director of procurement and materials management is entitled to counsel of his own choice. The executive director shall notify the board of trustees of the date, time, place and nature of each hearing and he shall invite the board to appear at each hearing. (Source: P.A. 95-923, eff. 1-1-09. ) (70 ILLS 2605/11 . 17) (from Ch. 42, par. 331.17) Sec. 11.17. Powers of director of procurement and materials management. The director of procurement and materials management shall: (a) adopt, promulgate and from time to time revise rules and regulations for the proper conduct of his office; (b) constitute the agent of the sanitary district in contracting for labor, materials, services, or work, the purchase, lease or sale of personal property, materials, equipment or supplies in conformity with this Act; (c) open all sealed bids; (d) determine the lowest or highest responsible bidder, as the case may be; (e) enforce written specifications describing standards established pursuant to this Act; (f) operate or require such physical, chemical or other tests as may be necessary to insure conformity to such specifications with respect to quality of materials; (g) exercise or require such control as may be necessary to insure conformity to contract provisions with respect to quantity; (h) distribute or cause to be distributed, to the various requisitioning agencies of such sanitary district such supplies, materials or equipment, as may be purchased by him; (i) transfer materials, supplies, and equipment to or between the various requisitioning agencies and to trade in, sell, donate, or dispose of any materials, supplies, or equipment that may become surplus, obsolete, or unusable; except that materials, supplies, and equipment may be donated only to not-for-profit institutions; (j ) control and maintain adequate inventories and inventory records of all stocks of materials, supplies and equipment of common usage contained in any central or principal storeroom, stockyard or warehouse of the sanitary district; (k) assume such related activities as may be assigned to him from time to time by the board of trustees; and (m) submit to the board of trustees an annual report describing the activities of his office. The report shall be placed upon the official records of the sanitary district or given comparable public distribution. (Source: P.A. 95-923, eff. 1-1-09. ) (70 ILLS 2605/11 . 18) (from Ch. 42, par. 331.18) Sec. 11.18. The board of trustees is expressly authorized to establish a revolving fund to enable the director of procurement and materials management to purchase items of common usage in advance of immediate need. The revolving fund shall be reimbursed from appropriations of the using agencies. No officer or employee of a sanitary district organized pursuant to this Act shall be financially interested, directly or indirectly, in any bid, purchase order, lease or contract to which such sanitary district is a party. For purposes of this Section an officer or employee of the sanitary district is deemed to have a direct financial interest in a bid, purchase order, lease or contract with the district, if the officer or employee is employed by the district and is simultaneously employed by a person or corporation that is a party to any bid, purchase order, lease or contract with the sanitary district. Any officer or employee convicted of a violation of this section shall forfeit his office or employment and in addition shall be guilty of a Class 4 felony. (Source: P.A. 95-923, eff. 1-1-09. ) (70 ILCS 2605/11 . 19) (from Ch. 42, par. 331.19) Sec. 11. 19. No department, office, agency or instrumentality, officer or employe of the sanitary district, shall be empowered to execute any purchase order or contract except as expressly authorized by this Act. (Source: Laws 1963, p. 2498. ) (70 ILCS 2605/11. 19a) (from Ch. 42, par. 331.19a) Sec. 11.19a. Purchases made pursuant to this Act shall be made in compliance with the "Local Government Prompt Payment Act", approved by the Eighty-fourth General Assembly. (Source: P.A. 84-731 . ) (70 ILCS 2605/11 .20) (from Ch. 42, par. 331.20) Sec. 11.20. There shall be a board of standardization, composed of the director of procurement and materials management of the sanitary district who shall be chairman, and 4 other members who shall be appointed by the president of the board of trustees of the sanitary district. The members shall be responsible heads of a major office or department of the sanitary district and shall receive no compensation for their services on the board. The board shall meet at least once each 3 calendar months upon notification by the chairman at least 5 days in advance of the date announced for such meeting. Official action of the board shall require the vote of a majority of all members of the board. The chairman shall cause to be prepared a report describing the proceedings of each meeting. The report shall be transmitted to each member and shall be made available to the president and board of trustees of such sanitary district within 5 days subsequent to the date of the meeting and all such reports shall be open to public inspection, excluding Sundays and legal holidays. The board of standardization shall: (a) classify the requirements of the sanitary district, including the departments, offices and other boards thereof, with respect to supplies, materials and equipment; (b) adopt as standards, the smallest numbers of the various qualities, sizes and varieties of such supplies, materials and equipment as may be consistent with the efficient operation of the sanitary district; and (c) prepare, adopt, promulgate, and from time to time revise, written specifications describing such standards. Specifications describing in detail the physical, chemical and other characteristics of supplies, material or equipment to be acquired by purchase order or contract shall be prepared by the board of standardization. However, all specifications pertaining to the construction, alteration, rehabilitation or repair of any real property of such sanitary district shall be prepared by the engineering agency engaged in the design of such construction, alteration, rehabilitation or repair, prior to approval by the director of procurement and materials management. The specification shall form a part of the purchase order or contract, and the performance of all such contracts shall be supervised by the engineering agency designated in the contracts. In the preparation or revision of standard specifications the board of standardization shall solicit the advice, assistance and cooperation of the several requisitioning agencies and shall be empowered to consult such public or non- public laboratory or technical services as may be deemed expedient. After adoption, each standard specification shall, until rescinded, apply alike in terms and effect to every purchase order or contract for the purchase of any commodity, material, supply or equipment. The specifications shall be made available to the public upon request. (Source: P.A. 95-923, eff. 1-1-09. ) (70 ILCS 2605/11 .21) (from Ch. 42, par. 331.21) Sec. 11.21. Official ordinances authorized by this Act shall be adopted by formal action of the board of trustees of the sanitary district and shall be published for the information of the public. (Source: Laws 1963, p. 2498. ) (70 ILCS 2605/11 .22) (from Ch. 42, par. 331.22) Sec. 11.22. Any purchase order or contract executed in violation of this Act shall be null and void. Public funds which have been expended thereon, may be recovered in the name of the sanitary district in any court of competent jurisdiction. (Source: Laws 1963, p. 2498. ) (70 ILCS 2605/11 .23) (from Ch. 42, par. 331.23) Sec. 11.23. The comptroller of the sanitary district shall conduct audits of all expenditures incident to all purchase orders and contracts awarded by the director of procurement and materials management. The comptroller shall report the results of such audits to the president and board of trustees. (Source: P.A. 95-923, eff. 1-1-09. ) (70 ILCS 2605/11 .24) (from Ch. 42, par. 331.24) Sec. 11.24. (a) A person or business entity shall be disqualified from doing business with The Metropolitan Sanitary District of Greater Chicago for a period of 5 years from the date of conviction or entry of a plea or admission of guilt, if that person or business entity: 1. has been convicted of an act of bribery or attempting to bribe an officer or employee of the federal government or of a unit of any state or local government or school district in that officer's or employee's official capacity; or 2. has been convicted of an act of bid-rigging or attempting to rig bids as defined in the Federal Sherman Anti-Trust Act and Clayton Act; or 3. has been convicted of bid-rigging or attempting to rig bids under the laws of the State of Illinois or any other state; or 4. has been convicted of an act of price-fixing or attempting to fix prices as defined by the Federal Sherman Anti-Trust Act and Clayton Act; or 5. has been convicted of price-fixing or attempting to fix prices under the laws of the State of Illinois or any other state; or 6. has been convicted of defrauding or attempting to defraud the Federal government or a unit of any state or local government or school district; or 7. has made an admission of guilt of such conduct as set forth in subsections 1 through 6 above, which admission is a matter of record, whether or not such person or business entity was subject to prosecution for the offense or offenses admitted to; or 8. has entered a plea of nolo contendere to charges of bribery, price-fixing, bid-rigging, or fraud as set forth in subsections 1 through 6 above. (b) "Business entity" as used in this section means a corporation, partnership, trust, association, unincorporated business or individually owned business. (c) A business entity shall be disqualified if the following persons are convicted of, have made an admission of guilt, or enter a plea of nolo contendere to a disqualifying act described in paragraph (a) , subsections 1 through 6, regardless of whether or not the disqualifying act was committed on behalf or for the benefit of such business entity: (1) a person owning or controlling, directly or indirectly, 20% or more of its outstanding shares; or (2) a member of its board of directors; or (3) an agent, officer or employee of such business entity. (d) Disqualification Procedure. After bids are received, whether in response to a solicitation for bids or public advertising for bids, if it shall come to the attention of the director of procurement and materials management that a bidder has been convicted, made an admission of guilt, a plea of nolo contendere, or otherwise falls within one or more of the categories set forth in paragraphs (a) , (b) or (c) of this Section, the director of procurement and materials management shall notify the bidder by certified mail, return receipt requested, that such bidder is disqualified from doing business with the Sanitary District. The notice shall specify the reasons for disqualification. (e) Review Board. A review board consisting of 3 individuals shall be appointed by the Executive Director of the Sanitary District. The board shall select a chairman from its own members. A majority of the members shall constitute a quorum and all matters coming before the board shall be determined by a majority. All members of the review board shall serve without compensation, but shall be reimbursed actual expenses. (f) Review. The director of procurement and materials management's determination of disqualification shall be final as of the date of the notice of disqualification unless, within 10 calendar days thereafter, the disqualified bidder files with the director of procurement and materials management a notice of appeal. The notice of appeal shall specify the exceptions to the director of procurement and materials management' s determination and shall include a request for a hearing, if one is desired. Upon receipt of the notice of appeal, the director of procurement and materials management shall provide a copy to each member of the review board. If the notice does not contain a request for a hearing, the director of procurement and materials management may request one within 5 days after receipt of the notice of appeal. If a hearing is not requested, the review board may, but need not, hold a hearing. If a hearing is not requested, the review board, unless it decides to hold a hearing, shall review the notice of disqualification, the notice of appeal and any other supporting documents which may be filed by either party. Within 15 days after the notice of appeal is filed, the review board shall either affirm or reverse the director of procurement and materials management's determination of disqualification and shall transmit a copy to each party by certified mail, return receipt requested. If there is a hearing, the hearing shall commence within 15 days after the filing of the notice of appeal. A notice of hearing shall be transmitted to the director of procurement and materials management and the disqualified bidder not later than 12 calendar days prior to the hearing date, by certified mail, return receipt requested. Evidence shall be limited to the factual issues involved. Either party may present evidence and persons with relevant information may testify, under oath, before a certified reporter. Strict rules of evidence shall not apply to the proceedings, but the review board shall strive to elicit the facts fully and in credible form. The disqualified bidder may be represented by an attorney. Within 10 calendar days after the conclusion of the hearing, the review board shall make a finding as to whether or not the reasons given in the director of procurement and materials management' s notice of disqualification apply to the bidder, and an appropriate order shall be entered. A copy of the order shall be transmitted to the director of procurement and materials management and the bidder by certified mail, return receipt requested. (g) All final decisions of the review board shall be subject to review under the Administrative Review Law. (h) Notwithstanding any other provision of this section to the contrary, the Sanitary District may do business with any person or business entity when it is determined by the director of procurement and materials management to be in the best interest of the Sanitary District, such as, but not limited to contracts for materials or services economically procurable only from a single source. (Source: P.A. 95-923, eff. 1-1-09. ) EXHIBIT 3 MULTI-PROJECT LABOR AGRE EMENT(COOK COUNTY) With CERTIFICATE OF COMPLIANCE CONTAINS: 1) MPLA-EFf-ECTIVE4 OCTOBER 6,2017 2) CERTIFICATE OF COMPLIANCE N I ? ,,RAL AEQ!JfflAMTS UNDER TB&I LAB TtAqR, NT ,1'he following is a brief summary of a Bidder's responsibilities under the MPLA..Please refer to the terms of the MPLA for a ful I and complete statement of its requirements. Your firm is required to complete the Certificate of Compliance indicating that your firm intends to comply with the Multi-Project Labor Agreement.The Certificate of Compliance raust be signed by an authorized Officer of the firm.71iis may be submitted with the bid or prior to award of contract To be eligible for award,your firm must comply with the Multi-Project Labor Agreement and sign the certificate.Failure of the Bidder to comply with the MPLA will result in a rejection of the bid,and possible retention of the bid deposit.Compliance with the MPLA,is as follows, If the Bidder or any other entity performing work tinder the contract is not already signatory to a current collective bargaining agreement with a union or labor organization affiliated with the AFL-CIO Building Trades Department and the Chicago and Cook County Building and Construction Trades Council,or their affiliates which have jurisdiction over the work to be performed pursuant to ft Contract,(hareaftr referred to as a"participating trade group")It must become a member. Note:*rhe MPLA is not applicable when the perfonnance,of work is outside Cook County,Illinois,or if repair and maintenance work on equipment is performed at a Bidder's facility, Revised October 2017 METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO MULTI-PR03ECT LABOR AGREEMENT FOR COOK COUNTY This Multi-Project labor Agreement("Agreement")is entered Into by and between the Metropolitan Water Reclamation District of Greater Chicago("MWRO"or"District"),a public body,as Owner,in Its proper capacity,on behalf of itself and each of its contractors and subcontractors of whatever tier("Contractor's")and shall be applicable to Construction Werk on Covered Projects, bath defined herein,to be performed by the District's Contractors along with each of the undersigned labor organizations signatory to the Chicago and Cook County Building and Construction Trades Council and, as appropriate,the Teamsters Joint Council filo.25,ortheir affiliates who become signatory hereto (collectively"Union(s)"). This Agreement is entered into In accordance with all applicable local state and federal laws.The District recognizes the public interest In timely construction and labor stability. WHEREAS, fvIWRD is responsible forthe actual construction,demolition, rehabilitation, deconstruction,and/or renovation work("Construction Work")of projects overseen by MWRD in the geographical boundaries ofCook County.All of the District's Construction Work within those boundaries ("Covered projects'")will be recognized as covered under the terms of this Agreement regardless of the source of the Funds for the Project.Due to the size,scope,cost,timing,and duration of the multitude of Covered Projects tradltlonaily performed by MWRD,the Parties to this Agreement have determined that It is in their interests to have these Covered Projects completed in the most productive,economical,and orderly manner possible and without labor disruptions of any kind that might Interfere,with,or delay, any of said Covered Projects; and WHEREAS,the Parties have determined that it Is desirable to eliminate the potential for friction and disruption of these Covered Projects by using their best efforts to ensure that all Construction Work is performed by the Unions that are.signatory hereto and which have traditionally performed and have trade and geographic Jurisdiction over such work regardless of the source of the Funds for the.Project. Experience has proven the value of such cooperation and mutual undertakings;and WHEAFAS,the Parties acknowledge that the District is not to be considered an emplrayer of any employee of any Contractor covered under this Agreement,and the District acknowledges that it has a serious and ongoing concern regarding labor relations associated with its Covered Projects,Irrespective ofthe existence of a collective bargaining relationship with any of the signatory Unions. NOW TWEREFORE,, In orderto further these goals and objectives and to maintain a spirit of harmony, labor-management cooperation,and stability,the Parties agree as follows. 1. inuring the terra of this Agreement,MWRD shall neither contract,nor permit any other person,flan; company,or entity to contract or subcontract for any Construction Work on any Covered Project under this Agreement,unless such work Is performed by a person,firm,or company signatory,or willing to become signatory,to the current applicable area-wide collective bargaining agreement(s)with the appropriate trade/craft Union(s)affiliated with the Chicago&Gook County Building 3" Construction Trades Council or,as appropriate,the Teamsters`Joint Council No. 25.Copies of all applicable, current collective bargaining agreements constitute Appendix A of this Agreement,attached hereto and made an integral part hereof,and,as may be modified from time to time during the terra of this Agreement. MPLA-CC-D3 Sept mb r Cr,2017 Said provisions of this Agreement shall be included In all advertised contracts,excluding non- Construction Work, and shall be explicitly Included in all contracts or subcontracts of whatsoever tier by all Contractors on Covered Projects. a. The Parties agree that the repair of heavy equipment,thermographic inspection,and landscaping shall be defined and/or designated as Construction Work on all Covered Projects. b. The Unions acknowledge that some preassem bled or prefabricated equipment and material will be used on Covered Projects.To the extent consistent with existing collective:bargaining agreements and applicable law,there will be no refusal by the Unions to handle,transport, install,or connect such equipment or materials. Further,equipment and material procured from sources outside of the,geographic boundaries of Cook County may be delivered by independent cargo,haulers,rail,ship and/or truck drivers and such delivery will be made without any disruption as the District will request Its Contractors to request Union-affiliate employees to make deliveries to the Covered Project sites. c Notwithstanding anything to the contrary herein,the terms of this Agreement shall not apply to work perforated at the Contractor's facility for repair and maintenance of equipment or where repair, maintenance,or inspection services are done by highly-skilled technicians trained In servicing equipment,unless otherwise provided by the relevant collective bargaining agreement. d. Nothing herein shall prohibit or otherwise affect the.District's right to cancel or otherwise terminate a contract, e. A prewtonstructlon meeting attended by representatives of the District,the Contractors,and Unions shall be scheduled for a data prior to commencement of a Covered Project. The stature of the project,the May 15,2017 Covered Construction Work,the work assignments,and any other matters of mutual interest will be discussed. All parties participating in the pre-,job conferences shall sign a pre-Job-sign-In street. During the pre job conference, or shortly thereafter,and before the commencement of the project,the contactor or subcontractor shall ensure than there has been submitted to the District a letter of good standing for the applicable trades explaining that the contractor orsubcontractor is not delinquent with respect to any dues owed to the appropriate labor organization or with respect to any fringe contributions owed to the appropriate fringe benefit fund(s). If a union or fringe benefit fund does not produce a letter of good standing within seven(7)days after a request Is made no such letter of good standing shall be required for that particular trade. f The Unions agree to reasonably cooperate with the MWRD and Contractors In order to assist them in .achieving the Worker Percentage Participation goals as defined In subsection(Z) and( )below.The Worker Percentage Participation goals are governed by federal requirements regarding federal construction contracts.To the extent these federal worker percentage participation goals are modified In the future, such modifications will automatically apply; (1) 19.6%of the total aggregate of construction hours worked by employees of contractors and their subcontractors will be performed by African-American, Hispanic, Native American,Asian-pacific,and Subcontinent Asian American workers. (2) X6.9%of the total aggregate of construction hours worked by employees of the corttr actors and their subcontractors wOl be perforated by female workers. FmF'LA C C-o4 September 6,2017 2. A contractor or subcontractor which Is a successful bidder with respect to Covered Projects, but which Is not signatory to the applicable area-wide collective bargaining agreements Incorporated herein, shall be required to execute such applicable area-wide collective bargaining agreements within seven (7) days of being designated a successful bidder. If such an agreement Is not executed within that time period,said contractor or subcontractor will be disqualified. in no event shall a contractor or subcontractor be required to sign any of the applicable agreements constituting Appendix A if the rontractor or subcontractor does not employ the trade covered by the applicable,Appendix A contract. 3. wring the term of this,Agreement,no Union signatory hereto nor any of its members,officers, .stewards,agents, representatives,nor any employee,shall instigate,authorize,support,sanction, maintain,or participate in any strike walkout,work stoppage,work slowdown,work curtailment, cessation,or interruption of production,or in any picketing of any Covered Project site covered by this Agreement for any reason whatsoever,including,but not limited to,the expiration of any collective bargaining agreement referred to in Appendix A,a dispute between the Parties and any Union or employee,or as a show of support or sympathy for any other Union employee or any other group.in the event of art economic strike or other job action upon the termination of an existing collective bargaining agreement,no adverse job action shall be directed against any Covered project sites.All provisions of any subsequently negotiated'collecttive bargaining agreement shall be retroactive for all employees working on the Covered Project. 4, Each Union signatory hereto agrees that It will use its best efforts to prevent any of the acts forbidden in paragraph 4,and that in the event any.such act takes place or is engaged In by any employee or group of employees,each,Union signatory hereto further agrees that It will use its best efforts(including its full disciplinary power under its Constitution acid/or BY-Laws)to cause an irnmedlate cessation thereof. Each union also agrees that if any union,Individual or group of employees on covered projects engages in any handbilling,picketing,strike,walkout,work stoppage,work slowdown,work curtailment,cessation or interruption,the other unions will consider such picketing or other work action as unauthorized and will refuse to honor any picket line established and the unions further agree to instruct their members to cross such unauthorized liner. rallure of any union or groups of employees to cross such unauthorized picket lines on any covered project shall be a violation of this agreement.. 5. Any Contractor signatory or otherwise bound,stipulated to,or required to abide by any provisions of this Agreement may implement reasonable project rules and regulations,and these rules and regulations shall be distributed to all employees on the Covered project.Provided,however,that such rules and regulations shall not be inconsistent with the terms of this Agreement or any applicable area- wide collective bargaining,agreement.Any Contractor shall have the right to discharge or discipline Its Union employees who violate the provisions of this Agreement or any Covered Project's rules and regulations.Such discharge or discipline by a Contractor shall be subject to the Grievance/Arbitration procedure of the applicable area-wide collective bargaining agreement only as to the fact of such employee's violation of this Agreement.if such fact is established,the penalty Imposed shall not be subject to review or disturbed,Construction Work at any Covered Project site under this Agreement shall continue without disruption or hindrance of any kind during any Grievance/Arbitration procedure. 3 MPLA-CC-n6 September B,2017 6. The Unions understand and acknowledge that the District's Contractors are responsible to perform Construction Work as required by the District.The Contractors have complete authority to do the following,subject to District approval,if required,and if consistent with the terms of the collectrve bargaining agreements attached hereto: a. Plan,direct,and control the operations of all work; b. Mire and layoff employees as the Contractor deems appropriate to meet work requirements; C. Determine work methods and procedures; d. Determine the need and number of foremen; e. Require all employees to observe Contractor and/or District rules and regulations; f. Require all employees to work safely and observe all safety regulations prescribed by the Contractor and/or the District;and g. Discharge,,suspend,or discipline employees for proper cause. h. Abide by the rules set forth In each respective Trade Unions'Collectively Bargained Agreement pertaining to apprentice to journeymen ratios. 7. Nothing In the foregoing shall prohibit or restrict any Party from otherwise judicially enforcing any provision of its collective bargaining agreement between any Union and a Contractor with whom it has a collective bargaining relationship. 8. This Agreement shall be incorporated into all advertised contract documents after the Board of Commissioners adopts and ratifies this Agreement, 9. The term of this Agree merit shall be five:(5)years and shall be automatically extended from year to year unless the District or the Council Issues a written notice to terminate prior to ninety(90)days in advance of any expiration.Any Covered project commenced during and/or covered by the terms of this Agreement shall continua to be covered by Its terms until the final completion and acceptance of the Covered Project by the District. :io. in the event a dispute shall arise between a contractor or subcontractor any signatory union and/or fringe benefit fund as to the obligation and/or payment of fringe benefits provided for under the appropriate Collective Bargaining Agreement, upon notice to the District by the appropriate union signatory hereto of a claim for such benefits,the District shall forward such notification to the surety upon the contract,,and to the general contractor, li. In the event of a jurisdictional dispute by and between any Unions,such Unions shall take all steps necessary to promptly resolve the dispute.in the event of a dispute relating to trade or work jurisdiction,Parties,Including Contractors,consent to and agree that a final and binding resolution of the dispute shall be achieved in accordance with the terms of paragraph nine of the Joint Conference Board Standard Agreement between the Chicago&Cook County Building Trades Council and the Construction Employers'Association,attached hereto as Appendix B,and as may be modified from time to time during the term of this Agreement. Q =PLA-CC-0,6 September 6,2017 12. This Agreement shall be incorporated into and become a part of the collective bargaining agreements between the Unions signatory hereto and Contractors and their subcontractors. In the event of any Inconsistency between this Agreement and any collective bargaining agreement,the terms of this Agreement shall supersede and prevail. In the event of any inconsistency between this Agreement and any collective bargaining agreement,the terms of this Agreement shall supersede and prevail except for all work performed under the NTP Articles of Agreement,the National Stack/Chimney Agreement,the National Cooling Tower Agreement,all instruction calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control systems Technicians, and the National Agreement of the International Union of Elevator Contractors with the exception of the content and subject matter of Article V,V1,and Vil of the AFL- CIO's Building&Construction Trades Department model Project Labor Agreement, 13. The Parties agree that in the implementation and administration of this Agreement,it Is vitally necessary to maintain effective and immediate communication so as to minimize the potential of labor relations disputes arising out of this Agreement.To that end,each Party hereto agrees to designate,in writing,a representative to whom problems which arise during the term of this Agreement may be directed.Within forty-eight(48)hours after notice of the existence of any problem,a representative of each Party shall meet to discuss and,where possible,resolve such problems,The representative of the Unions shall be President of the Chicago&Cook County Building&Construction Trades Council or his/her designee.The representative of MWRD shall be the District's Assistant Director of Engineering, Construction Division or his/her designee. 14. The District and the Contractors agree that the applicable substance abuse policy(i.e.,drug,alcohol, etc.)on any Covered Project shall be that as contained or otherwise provided for in the relevant area- wide collective bargaining agreements attached as Appendix A to this Agreement, Nothing In the foregoing shall firnit the District and/or Contractors from initiating their own substance abuse policy governing other employees performing work on a project not otherwise covered under this Agreement. in the event there is no substance abuse policy in the applicable collective bargaining agreements,the policy adopted by the District and/or Contractor may apply.The District is not responsible for administering any substance abuse policy for non-District employees. J.S. The Parties recognize a desire to facilitate the entry Into the building and construction trades of veterans who are interested in careers in the building and construction industry.The Contractors and Unions agree to utilize the services of the Center for Military Recruitment,Assessment and Veterans Employment("Center"),the Center's Helmets to Hardhats program,and the Veteran's In Piping(V.I.P) program(this only pertains to the United Association PipeFitter's Local 597, Plumbers Local 130, and Sprinkler Fitter's Local 281), to serve as a resource for preliminary orientation, assessment of construction aptitude, and referral to apprenticeship programs or hiring halls, counseling and mentoring,support network,employment opportunities,and other needs as Identified by the Parties, The Contractors and Unions also agree to coordinate with the Center to create and maintain an integrated database of veterans Interested In working on Covered Projects, Including apprenticeship and employment opportunities on such projects.To the extent permitted by law,the Parties will give 5 MPLA-CC-07 September 6,20V appropriate credit to such veterans for bona fide,provable past experience in the building and construction Industry. 16. The Parties agree that Contractors working under the terms of this Agreement shall be required to utilize the maximum number of apprentices on Covered Projects as permitted under the applicable area-wide collective bargaining agreements contained In Appendix A,where feasible and practical. 17. Neither the District,the Contractors,nor the Unions shall discriminate against any employees of a protected class,including but not limited to on the basis of race,creed,color,national origin,age,or sex,in accordance with all applicable state and federal laws and regulations. 18. If any provision or other portion of this Agreement shall be determined by any court of competent Jurisdiction to be invalid,illega€,or unenforceable in whole or In part,and such determination shall become final,it shall be deemed to be severed or limited, but only to the extent required to render the remaining provisions and portions of this Agreement enforceable.This Agreement,as amended,small be enforced so as to give effect to the intention of the Parties insofar as possible. 19. Under this Agreement,any liability of the Parties shall be several and not joint.The District shall not be liable for any violations of this Agreement by any Contractor or Union,and any Contractor or Union shall not be liable for any violations of this Agreement by the District,any other Contractor,or any other Union.In the event any provision of this Agreement is determined to be invalid,illegal,or unenforceable as specibed in Paragraph 18,neither the bistrlct,nor any Contractor or Union,shall be liable for any action taken or not taken to comply with any court order. 20. The Parties are mutually committed to promoting a safe working environment for all personnel at the Job site.It shall be the responsibility of+each,employer to which this Agreement applies to provide a work environment free of Illegal drugs and any concealed weapons,to maintain safe working conditions for its employees,and to comply with all applicable federal,state,and local health and safety laws and regulations. 21. The use or furnishing of alcohol,weapons,or illegal drugs and the conduct of any other illegal activities at the Job site Is strictly prohibited.The Parties shalt take every practical measure consistent with the terms of the applicable area-wide collective bargaining agreement to ensure that the job site Is free of weapons,alcohol,and illegal drugs. 22. Each Union representing workers engaged In Construction Work on a Covered Project is bound to this Agreement with full authority to negotiate and sign this Agreement with the District. 23. All Parties represent that they have the full legal authority to enter Into this Agreement. 24. This document,with the attached Appendices,constitutes the entire Agreement of the Parties and may not be modified or changed except by subsequent written agreement of the Parties. 6 MPt.AwCC-C18 September 6,2017 25. Having been adopted by the Board of Commissioners on August 3, 2017,and ratified and effective as of the last date on the signature page,this agreement supersedes any other Multi-Project Labor Agreement previously entered Into by the parties as of the date of ratification. of page intentionally left blank. Signature page follows.] 7 September 6,207 The taidersigned,as a Party hereto,hereby agrees to all the terms and conditions of this Agreeivient. Dated this j2U-14- day of nM6Ff2017 in Chicago, Cook County, Illinois. On behalf of the Netropolitan Water Reclarnation District of Greater Chicago David St piwe Darlene A.LoCasoio Executive Director Director of Procurement and Materials Management Approved as to Form and Legality Helen Shields-Wriglit quell 'I"o ' s head Assistant Attorney itforof finance/Clerk Susan T, Morakalis Acting General Counsel vl rlrAvila Chairman ofFinanoo Chairman, Coni W&e�Wa�rmd� Xndustrial Mations Approved Mariyanal'. 49nrl%I,Pr �� lfptALO�C-i 0 September 6,2017 The undersigned,as a Party hereto,agrees to all the tis and conditions of this Agreement. Dated this the/4—`"e y of M r`'iL,2417 in Chicago,Cook County,Illinois. On behWf of. Teamsters Local Union No. 731 Labor Organization APPRCb"BD: ZVI lts b@yy Authorized Officer Terrence J. Hancock, President 0 MPLA-CC-11 September 6,2017 The undersigned,as a Party hereto,agrees to all the tex7ms and conditions of this Agreement Sated this thel3th day of September ,2017 in Chicago,Cook County,Illinois. On ehalfof: i er Fitters 'Union Local 281, D.A. Labor Organization s yAut , JOfficer .. ... _ .. Dennis J. Fleming, Business Manager 9 NIPl,.A-CC-12 September 6,2017 The undersigned, as a Party hereto,agrees to all the turas and conditions of Us Agmment. Dated this the_Z2Lday of 2017 in Chicago,Cook County,Ulinois. On behalf of- a or Organization APPROVED: Its Duly Authorized Officer 9 C 0-:13] September 6,2017 The undersigned, as a Party her o,agrees to all the terms and conditions of this Agreement. Dated this the jj_day of. ........ 1-t 2017 in Chicago,Cook County,Minois. On behalf of. Hca �t r Labor Organization APPROVED: — its Duly Authoo OIy Lr fficer 9 September 6,20117 The undersigned, as a Party hereto,agrees to all the terms and conditions of this Agreement. Dated this the « day of ✓ ,2017 in Chicago,Cook County,Illinois. On behalf of: UnZb 44.4 Labor Organization APPROVED: Its y Authorized Offic 9 MPLA-CC-15 September 6,2017 The undersiguod,as a Party hereto,agrees to all the terms and conditions of this Agreement. Dated this theay of 2017 in Chicago,Cook County,Illinois. On behalf of -Z�—L- I.Abor Organization APPROVED: Its �zed 0 ecer 9 September 6,2017 The undersigned,as a Party hereto,a to all the t s and conditions of this Agreemexit Dated this the ay of 017 in Chicago,Cote County,Illinois. On behalf of;-PO1.%, Labor Organization It lluS Aut410° er .� 9 MPLA-CC-17 September 6,2012 The mdersiped, as a Party hereto,agrees to all the terms and conditions of this Agreement. Dated this the day of 2017 in Chicago, Cook County,Illinois. On behalf of Labor Organization APPROVED: Ti Baal Autoriz , 1c r,w, MPLA- C-t8 ��yuhnumoNm.wwn�wiizim-mu. l September 6,2017 The undersigned,as a Party hereto,agrees to all the terms and conditions of this Agreement. Dated this the day of 1�# ,2017 in Chicago, Cook County,JIlinois. On behalf ZC, Labor Urge tion APPROVED: Its Duly Xu orf—lized 40te<r MPLA-CC-19 September 6,2017 'I`he undersigned, as a Party hereto,agrees to all the terms and conditions of this Agreement. Dated this the`a day ofg' ,� A-,2017 in Chicago, Cook County,Illinois. On behalf of: Labor Organization APPROVED: s Duiy Authors p. Meet , i4 PLA-CC-20 /Z� September 6,2017 The undtsrai ed,as a Party be Teta,ap=to aU the term auad miditions of this Agement Dated they of '` Cr�? 17 in Chicago,Cao Coiza.y,Dais. is. Labor Orrganizatiou AP PROYM: 9 EMPLA-CLC-21] R� September 6,2017 The undersigned, as a Party hereto,agrees to all the terms and conditions of this Agreement. Dated this the ay of 201'7'n Chicago,Coaly County,Illinois. alaorr Qrgar�izatlon APPROVED: its Duly Authorized Officer 9 September 6,2017 The undersigned, as a Party hereto,agrraes to ell the terms z d Coonditions of this Agreement. Dated this the ,a*ay of4&6&q ,2017 in Chicago,Cook.Coxnnty,Minozs. On behalf of._ Labor Organization APPROVED: Duly Ar orixed Off cer P LA-CC-23 pe-14 September 6,2017 The,undersigned,as a Party hereto,agrees to all the terms and conditions of this Agreement. , Dated this the JK day of�*"Ltr,2017 in Chicago,Cook County,Illinois. h- �� r 1 -7 On bebalf of. Labor Organization APPROVED: WtIM N -Cil� Of&ex Its Duly AU d * d Officer MPI Z-C�C-24 September6,2017 The undersipod, as a Party hereto,agrees to all the terms and conditions of this Agreement. Dated this the LL day of 3cjLTtjM,2017 in Chicago,Cook County,Illinois. On bebalf of- =±:_V 45e-- Labor Organization APPROVED: F PLA-C-0-25] ........... IKIW"'eb / September 6,2017 The undersigned,as a Party hereto,agrees,to all the grams and conditions of this Agreement. Hated this the stay of� � �,2017 in Chicago, Cook County,Illinois. On behalf of; i Ip<A 1 1313 6 <A-I .Labor Qrganixation Its Duly authorized C+ xcer 9 MPA-CC-2.fa IIXWAe-.I) September G,2017 The undersigned,as a Party hereto,agrees to all the t0nns tuid conditions of this Agreement. Dated this the 12--&Y of 2017 in Chicago,Cook County,Illinois. eo- On bebalf of:, A��'/ ,rl,,.4 w Labor Organ* tion APPROVE Nuthorized Officer PLA-CC-27 1*11AFte,p 114�4 September 6,2017 The undersigned, as a Party hereto,agrees to all the to=s and conditions of this Agreement, Dated this the CZ day of 2017 in Chicago,Cook County,Illinois. On behalf Labor Organization APPROVED: is Duly Authorized Off ioer MPLA-CC-28 September 6,2017 The undersigned,as a Party hereto,agrees to all the terms and conditions of this Agreement. Dated this the L.�_day ofk!�� 2017 in Chicago, Cook County,Ill inois. On behalf sof:ILL L( 1�0 0 2A Labor rgari�zatia It "Authorized Offices MP'LA-C - 9 September G,2017 The undersigned, as a Party hereto,agrees to all the toms and conditions of this Agreement Dated this the lg_day Of 2017 in Chicago,Cook County,Illinois. On behalf Labor Orgsmization APPROVED: rt sz tEly��Au oA��ze {.officer e r September 6,2017 18�?LEADIX A For copies of Collective Bargaining Agreements,please go to the MWRD Website and click on: Freedom of Information Act(FOIA)/Category of Records 10 iPLA-CC-31 Septer°riber 6, 2017 APPENDIX 8 11 M�'LA-CG�32 envelope IM SDDgC849-69D8-4E3MA3D-IE642D266425 JOINT CONFEIaNCE BOARD STANDARD AGREEME,NT 6/1115 - 5/31/20 Construction Employers'Association , And Chicago & Cook County Building & Construction Trades Council tip Gin Envelope ID*SDM34"998-4 F.31;;.DA30-1 E0420256426 The Standard Agreement between The Construction Employers'Association and The Chicago & Cook County Building & Construction 'Frades Council Establishing The Joint Conference Board bac rSt a rw 1c � :5D080S48.8998.4 39 D•1 E042D258425 CHRONOLOGY ADOPTED NOVEMBER 18, 1926 AMENDED AND READOPTED JANUARY 11, 1929 AMENDED AND READOPTED.TUNE 24, 1942 READOPTED APRIL 28, 1947 AMENDED AND READOPTED MARCH 19, 1952 READOPTED FEBRUARY 12, 1957 AMENDED AND READOPTED MAY 13, 1958 AMENDED AND READOPTED FEBRUARY 11, 1960 AMENDED AND READOPTED MAY 21, 1963 AMENDED NOVEMBER 16, 1'965 AMENDED MARCH 14, 3967 AMENDED AND READOPTED MARCH 4, 1968 AMENDED AND READOPTED 11, 1971 READOPTED NOVEMBER 20, 1973 READOPTED DECEMBER 12, 1978 READOPTED APRIL 12, 1983 READOPTED MARCH 31, 1988 AMENDED AND READOPTED APRIL 23, 1989 RE:FORMAMD,AMENDED AND READOPTED JUNE 1, 1994 AMENDED AND READOPTED JUNE 1, 1999 AMENDED APRIL 1,2003 AMENDED AND READOPTED JUNE 1,2004 AMENDED AND READOPTED JUNE 1,2005 AMENDED AND READOPTED fL NE 25,2008 AMENDED AND READOPTED FEBRUARY 15,2010 AMENDED AND READOPTED MAY 29,2015 Expiration Date: MAY 31,2020 RMPA- C-3 b4ocuftnEnvelope ID: TABLE OF CONTE,NTS Article Page �ruao\�\m.__.__.,.._._._....._.......~.__._..._._....__..~.__l Declaration ofPrinciples......~...... ,...~.___..~........,..~._.....,.2 Articlesof .~_...-...-..-.._..~..~......_~.__.~...__~.� � l. No Work ............ 11. Stipulation ........3 Paragraph lAbandonment ofWork .~�..~~~~~__�.� Paragraph% Collection ofParagraph T�uoou,~~,~_,__~~,,~~_,� 3 Contracting...., ........ } IV. Apprenticeship V. J0indCon femnpo800rd~.....~,-__'~_.~,~,.~-~-..-4 VI Arbitrator's Criteria................ -~-._._.'.----..~_..~_.4 V11. AzbitradVnParagraph~~~.~__~.__.._..~..~.~--...__-.-..~..~b IAnnual ,.~~__~~._~~ .~~- 6 Paragraph 2 Make DnofJ�B�_._.~__~__.___.� Paragraph 3 Selection of Paragraph 4 l}ufilled]erus._-_-,.__.._-~______6 Paragraph 5 Substitutes at Meetings....___...._.^....6 Paragraph 6 Notice ofParagraph 7 QuorumParagraph --._-~~__~-.---...-_._~..~7 8 hv_ , .�~__~___~~__~�7 Paragraph 9 Initiation ofuHearing... ~__~-....._-~.7 Paragraph}O Presentations..........__ ........ ... _-..~'8 Paragraph ll Other Attendees Paragraph 12 Contacting the Arbitrator -.~~~_.~-_._� Paragraph 13 Board o/Azbitnatboo_'_.~''_-..............Q Vill, Paragraph l Visiting Jobo~-'_._~._'--__._-..^-'8 Paragraph 2 ........ Paragraph 3 Small Tasks-............ ~.~-..___'.-_._9 Paragraph 4 Compliance of '._~~~...9 Paragraph Sbpubstbon-..'.^.........-.''--..-..-_9 Paragraph 0 Labor Agreement Stipulation., ---9 Paragraph 7 Area ofJurisdiction- ...... _____._}0 ParagTaph 8 lJuoisbnuu0 Paragraph 9 Comunlaints_~.-~_-..~..__^.__°_,~IO Paragraph 0 Violations.,--, .. _]U Paragraph ll Notices ........ Paragraph 12 Hol bbzvn..-- ........ .-...~...~~_~ Paragraph 13 Enforzenmeot,.-~~~~._~.~~..~~~.......1l Paragraph 14 Question of Jurisdiction Paragraph IS Terms nfAgreement...... .,~__._~,~l% Oocuftn Envelope ID:6DD9C849-6998AE39-8A30-1 E642=6425 PREAMBLE This Agreement is entered into to prevent strikes and lockouts and to facilitate peaceful adjustment of jurisdictional disputes in the building and construction industry and to prevent waste and unnecessary avoidable delays and expense,and for the further purpose of at all times securing for the employer sufflclent skilled workers and so far as possible to provide for labor continuous employment,such employment to be in accordance with the conditions and at the wages agreed upon,in the particular trade or craft,that stable conditions may prevail in the construction industry,that costs may be as low as possible consistent with fair wages and conditions and further to establish the necessary procedure by which these ends may be accomplished. This Standard Agreement shall be considered and shall constitute a part of all agreements between Employers and Labor Unions,members of the Construction Employers' Association,herein call the Association,and the Chicago&Cook County Building& Construction Trades Council,herein called the Council,as containing within its terms the necessary protection of and assuring undisturbed conditions in the industry. In the event of any inconsistency between this Agreement and any collective bargaining agreement, the terms of this Agreement shall supersede and prevail except for all work performed under the NT Articles of Agreement,the National Stack/Chimney Agreement,the National Cooling Tower Agreement,all instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for instrument and Control Systems Technicians,and the National Agreement of the International Union of Elevator Constructors with the exception of the content and subject matter of Articles V,VI and VII of the AFL-CIO's Building&Construction Trades Department model Project Labor Agreement, EMP L:A-CC�-3 7] ............ bow ftn eivalopv;D:6DDSC$4"9964F39-8A30-IE642t72,W42S DECLARATION OF PRINCIPLES The Principles contained herein are fundamental,and no articles or section in this Agreement or In the collective bargaining agreement pertaining to a specific trade or craft shall be construed as being in conflict with these principles. In the event any conflict exists between this Agreement and any collective bargaining agreement subject to the Provisions of this Agreement and the dispute resolution provisions contained hereunder, and pertaining to a specific trade or craft concerning the resolution of jurisdictional ' disputes, the parties specifically agree that the terms of this Agreement are exclusive and supersede any other provisions or procedures relating to the settlement of jurisdictional disputes contained in such collective bargaining agreernent. 11 There shall be no limitation as to the amount of work a worker shall perform during the work day. 11, There shall be,no restriction on the use of machinery,tools or appliances. 111, There shall be no restriction on the use of any raw or manufactured material, except prison made. IV. No person shall have the right to interfere with workers during working hours, V. The use of apprentices shall not be prohibited. V1. The foreman shall be the agent of the employer. VII. The worker is at liberty to work for whomever he or she secs tit but such worker shall demand and receive the wages agreed upon in the collective bargaining agreement covering the particular trade or craft under any circumstances. VUI. The employer is at liberty to employ and discharge for just cause whomsoever the employer sees fit, F PL A�-C—C3 8] b0cusign-envelop*In:SDD9C$43-+X99"E39-SA30.iES420266426 ARTICLES OF AGREEMENT ARTICLE I Therefore.,with the Preamble and Declaration of Principles as part of and fundamental to this Agreement,the parties hereto hereby agree that there shall be no lookout by any employer,or strikes,stoppage,or the abandonment of work either individually or collectively,by concerted ors to action by any union without arbitration of any jurisdictional dispute as hereinafter provided. ARTICLE 11 The patties hereto hereby agree that in the manner herein set forth,they and the parties whom they represent will submit to arbitration all jurisdictional disputes that may arise between them and any misunderstanding as to the meaning or intent of all,or any part,of this Agreement,and they further agree that work will go on undisturbed during such arbitration,and that the decision of the arbitrator shall be final and binding on the parties hereto as provided in Article VI. ARTICLE M Paragraph 1, Should aUnion affiliated with the Council abandon its work without first submitting any jurisdictional dispute to arbitration as provided herein,or should any employees whom it represents individually or collectively,or by separate or concerted action,leave the work,the employer shall have the right to fill the places of such workers with workers who will agree to work for the employer,and the Union shall not have the right to strike,or abandon the work, because of the employment of such workers. Paragraph 2. 'The Union shall have the right to take the employees whom it represents from the work for the purpose of collecting wages and fringe benefits due, but such matter shall Immediately be referred to arbitration. Should there be dispute as to the amount due,the matter shall be first referred to arbitration as herein sot forth. Paragraph 3. The parties recognize the importance of having all work performed in a satisfactory manner by competent craftsmen. Because the unions affiliated with the Council have through apprenticeship and other training programs consistently striven to create an adequate supply of such skilled workers,and because it is desirable that the unions continue to do so,the Association,for itself and for each employer whom it represents agrees,to the extent permitted by law,that it will contract or subcontract any work to be done at the site of the construction,alteration,painting,or repair of a building, structure,or other work,only with or to a contractor who is a party to a collective bargaining agreement with a union affiliated with the Council and,accordingly,Is bound by all the terms and provisions of this Standard Agreement. 6acuSign Envelope ID:5DD9CB4"9.984E39-BA30-IE642D258425 ARTICLE IV The parties recognize the importance of having available and famishing at all times during the life of this Agreement sufficient skilled workers,capable of performing the work of their trade, and to constantly endeavor to improve the ability of such workers and further to have in the making,through apprenticeship training,workers who can enter the trade properly equipped to perform the work,and to the extent possible,the parties agree to do everything within their power to cooperate in carrying out these purposes. Joint apprenticeship committees shall have the right to maintain schools for the training of apprentices registered under the terms of the particular collective bargaining agreement involved and such apprentices shall be considered skilled and qualified journeymen when adjudged competent by a committee composed of the members of the patties to the particular collective bargaining agreement involved. However,this article shall not be, construed to disturb present systems wherein the labor organization which is a party to the particular collective bargaining agreement involved compels apprentices to attend trade school. ARTICLE V A Joint Conference Board is hereby created by agreement between the Association and the Council,which shall be binding upon the members and affiliates of each,and it is hereby agreed by the parties hereto,together with their members and affiliates,that they will recognize the authority of said Joint Conference Board and that its decisions shall be final and binding upon them as provided in Article VI, The administration of the Joint Conference Board shall be executed by the Secretary of the Board. All normal operating and all extraordinary expenses shall be borne equally. ARTICLE VI The Joint Conference Board shall be responsible for the administration of this Agreement. The primary concern of the Joint Conference Board shall be,the adjustment of jurisdictional disputes by arbitrators selected by the Board, Decisions rendered by any arbitrator under this Agreement appointed by the Joint Conference Board relating to jurisdictional disputes shall be only for the specific job under consideration and shall become effective immediately and complied with by all parties. In rendering a decision, the Arbitrator shall determine: a) First whether a previous Agreement of.Record or applicable agreement, including a disclaimer agreement,between the National or International Unions to the dispute governs. b) Only if the Arbitrator finds that the dispute is not covered by an appropriate or applicable Agreement of Record or agreement between the National or International Unions to the dispute,he shall then consider the established trade practice in the industry and prevailing practice in the locality. Where there is a 4 6ocuslun Envelope ID:5DD8004M984E30�WD-1E642DZW20 previous Decision of Record governing the case,the Arbitrator shall give equal weight to such Decision of Record,unless the prevailing practice in the locality in the past ten years favors one craft. In that case,the Arbitrator shall base his decision on the prevailing practice in the locality. Except that if the Arbitrator finds that a craft has improperly obtained the prevailing practice in the locality through raiding,the undercutting of wages or by the use of vertical agreements, the Arbitrator shall rely on the Decision of Record and established trade practice in the industry rather than the prevailing practice in the locality. o) In order to determine the established trade practice in the industry and prevailing practice in the locality,the Arbitrator may rely on applicable agreements between the Local Unions involved in the dispute,prior decisions of the Joint Conference Board for specific jobs,decisions of the National Plan and the National Labor Relations Board or other jurisdictional dispute decisions,along with any other relevant evidence or testimony presented by those participating In the hearing. d) only If none of the above criteria is found to exist,the Arbitrator shall then consider that because efficiency,cost or continuity and good management are essential to the well being of the industry, the interests of the consumer or the past practices of the employer shall not be ignored. Agreements of Record are those agreements between National and International Unions that have been"attested"by the predecessor of the.National Plan and approved by the AF1,CIO Building and Construction Trades Department and are contained in the Green Book. Such Agreements of Record are binding on employers stipulated to the Plan for the Settlement or Jurisdictional Disputes in the Construotion Industry(the,"National Plan'),the National Plan's predecessor joint boards or stipulated to the Joint Conference Board. Agreements of Record are applicable only to the crafts signatory to such agreements, Decisions of Record are decisions by the National Arbitration Panel or its predecessors and recognized under the provisions of the Constitution of the AFL-CIO Building and Construction Trades Department and the National Plan. Decisions of Record are applicable to all crafts. The Arbitrator shall set forth the basis for his decision and shall explain his findings regarding the applioebility of the above criteria. If lower-ranked criteria are relied'upon, the Arbitrator shall explain why the higher-ranked criteria were not deemed applicable. The Arbitrator's decision shall only apply to the job In dispute. Such decisions of the Arbitrator shall be final and binding subject only to an appeal, if such an appeal is available under conditions determined by the Building and Construction Trades Department of the American Federation of Labor and Congress of Industrial Organizations under the National Plan or any successor plan for the settlement of jurisdictional disputes. 6ocuSign envelope ID:6D09C84"998AE39.8A30-IE$42D266426 ARTICLE VII This is an arbitration agreement and the intent of this agreement is that all unresolved jurisdictional disputes must be arbitrated under the authority of the Joint Conference Board and that the decisions,subject to the right of appeal provided in Article V1,shall be final and binding upon the parties hereto and upon their affiliates and the members of such affiliates,and that there shall be no abandonment of the work during such arbitration or in violation of the arbitration decision. The Joint Conference Board shall administer the neutral arbitration system of this agreement. Any party bound to this Agreement through a collective bargaining agreement with any Local Union affiliated with the Council shall be bound to this Agreement for all jurisdictional disputes that may arise between any Local Unions affiliated with the Council. Employers bound to this Agreement shall require that this Agreement be a part of all agreements with contractors or subcontractors covering work performed by any trade or craft affiliated with the Council. All parties to this Agreement release the Board from any liability arising from its action or inaction and covenant not to sue the Board. Any damages incurred by the Board for any breach of this covenant shall include, but are not limited to,the Board's costs, expenses and attorneys fees incurred as a result of said legal proceedings. Paragraph I -The annual meeting of the Joint Conference Board shall be held in June, unless another date is agreed upon by the parties. Paragraph 2 -The parties hereto shall designate an equal number of members who shall serve upon the Joint Conference Board. The members of the Board shall annually be certified by the Association and the Council in written communications addressed to the Board by the President and Secretary of the respective organizations. Each year the Joint Conference Board shall select a Chairman from among its members. The Joint Con. ference Board shall also select from among its members a Vice Chairman. The Board shall also select a Secretary. All members shall serve for one year or until their successors have been selected. Paragraph 3 -At the annual meeting,the Association and Council shall each name at least .rive and up to ten impartial arbitrators. Paragraph 4- In the event the Chairman or Vice-Chairman is unable to serve by reason of resignation, death or otherwise,a successor may be selected for the remainder of the term by the party which made the original selection. Should a member of the Joint Conference Board be unable to serve,because of resignation, death or any other reason,the successor shall be selected by the Association or Council respectively in which such member holds membership. Paragraph 5 -Should any member of the Board for any reason be unable to attend any meeting of the Board,the President of his respective organization shall be empowered to name a substitute for each absentee for that meeting, 6 6ocuSign Envelope 10:SOK)DC$49-69-48.4E3"A30-lEr>42D256425 Paragraph 6 -Meetings of the Board may be called at any time by the Chairman, Secretary or three members of the Board. Seventy-two hours written notice of such meeting must be given to each member of the Board. Paragraph 7-Twelve members of the Board,six from each of the parties,present at the executive session,shall be a quorum for the transaction of business. The Chairman,or Vice-Chairman,when presiding,shall not be counted for the purpose of determining a quorum. Whenever the number of members present from each party at the executive .session are unequal,he party with the fewer members present shall be entitled to cast a total number of votes equal to the number of the present members of the other party with the additional votes of said party being cast in accordance with the vote of the majority of its members who are present. Paragraph 8-If it is brought to the attention of the Chairman that any member(other than the Chairman)is not impartial with respect to a particular matter before the Board,the Chairman may excuse such member from the executive session if the Chairman concludes that such member has a conflict of interest with respect to such matter. Paragraph 9-Should a jurisdictional dispute arise between the parties hereto,among or between any members or affiliates of the parties hereto,or among or between any members or affiliates of the parties hereto and some other body of employers or employees, the disposition of such dispute shall be as follows: a) The crafts involved shall meet on the jobsite or a mutually agreed location to resolve the jurisdictional dispute. b) If the said dispute is not settled it shall be submitted immediately in writing to the Secretary of the Joint Conference Board, Unless agreed to in writing (correspondence,email,etc.)by the trades involved in the dispute,the trades and contractors shall make themselves available,to meet within 72 hours at a neutral site with representatives of the Chicago&Cook County Building&Construction Trades Council and the Construction Employers' Association to resolve this jurisdictional issue. c) Failure to meet within seventy-two(72)hours of receiving written notice or e- mail to the meetings contemplated in"a"or"b"above will automatically advance the case to the next level of adjudication. d) Should this jurisdictional issue be unresolved ,the matter shall,within 72 hours not counting,Saturday,Sunday and Holidays, hereafter,be referred to an Arbitrator for adjudication if requested in writing by any party. The Arbitrator shall hear the evidence and render a prompt decision within forty-eight(48 hours) of the conclusion of the hearing based on the criteria in Article V1. The arbitrator chosen shall be randomly selected based on availability from the list 7 6ocu5ign invefope 10:50D9C849-6998,4E39-8A30-IF-642D2664253 submitted in Article VII Paragraph 3. The decision of the Arbitrator shall be subject to appeal only under the terms of Article V1. The written decision shall be final and binding upon all parties to the dispute and may be a short form decision. The fees and costs of the arbitrator shall be divided evenly between the contesting parties except that any party wishing a full opinion and decision beyond the short form decision shall bear the reasonable fees and costs of such fall opinion, e) Should said dispute not be so referred by either or both of the parties,the Joint Conference Board may, upon its own initiative, or at the request of others interested,take up and decide such dispute,and its decision shall be final and binding upon the parties hereto and upon their members and affiliates as provided for in Article VI. In either circumstance all of the parties are committed to a case until it is finalized,even if there is an appeal, However,in cases of jurisdictional or other disputes between a union and another union,which is a member of the same International Union,the matter in dispute shall be settled in the manner set forth by their International Constitution,but there shall be no abandonment of the work pending such settlement. Paragraph 10-All interested parties shall be entitled to make presentations to the Arbitrator. Any interested party present at the hearing,whether making a presentation or not,by such presence shall be deemed to accept the jurisdiction of the arbitrator and to agree to be bound by its decision and further agrees to be bound by the Standard Agreement,for that case only if not otherwise so bound. Paragraph I I -Upon approval of the Arbitrator other parties not directly involved in the dispute may be invited to be present during the presentation and discussion portions of an arbitration hearing. Attorneys shall not be permitted to attend or participate in any portion of a hearing. Paragraph 12—At no time shall any party to a pending dispute unilaterally or independently contact the Arbitrator assigned to hear the case. All inquiries must be submitted W the Secretary of the Joint Conference Board. Paragraph 13 -The Joint Conference Board may also serve as a board of arbitration in other disputes, including wages,but only when requested to do so by all parties involved in the particular dispute or controversy. It is not the Intention of this Agreement that the Joint Conference Board shall take part in such disputes except by mutual consent of all parties involved. ARTICLE VIII Paragraph I -The duly authorized representatives of members of affiliates of either party hereto, if having in their possession proper credentials,shall be permitted to visit jobs E-CC-44 bocuftn'L-Avdope ID:5009C840-e."8-4i-3"A30-lES421)2M425 during working hours,to interview the contractor or the workers,but they shall in no way interfere with the progress of the work. Paragraph 2-The handling of tools,machinery and appliances necessary In the performance of the work covered by a particular collective bargaining agreement,shall be done by journeymen covered by such agreement and by helpers and apprentices in that trade,but similar tools,machinery and appliances used by other trades in the performance of their work shall be handled in accordance with the particular collective bargaining agreement of that trade. Paragraph 3 -Tin the,interest of the public economy and at the discretion of the employer or foreman, all small tasks covered by a particular collective bargaining agreement may be done,by workers or laborers of other trades,If mechanic's or laborers of this trade are not on the building or job,but same are not to be of longer duration than one-half hour in any one day. The Joint Conference Board may tender a decision Involving a composite crew. Paragraph 4-It is fundamental to the Standard Agreement that all members and affiflates of the parties to this Agreement W stipulated to the Standard Agreement and the Joint Conference Board. All current members of the Chicago and Cook County Building and Construction Trades Council,and their affiflates,by this Agreement are stipulated to the Standard Agreement and Joint Conference Board for the term of the current Standard Agreement. The area labor agreements of the members and affiliates of the parties setting forth language stipulating those parties to the Standard Agreement and Joint Conference Board shall be filed with the Secretary of the Joint Conference Board annually,at the time of the Joint Conference Board appointments. Current trade or craft agreements will prevail as interim agreements in the event labor negotiations are incomplete or in process at the time of the annual meeting. Paragraph 5-All members and affiliates of the patties with labor agreements containing language stipulating those parties to the Standard Agreement and Joint Conference Board shall remain stipulated for the term of the current Standard Agreement. Any members or afni ittes of the parties;who negotiate language stipulating the parties to the Standard Agreement and/or the Joint Conference Board in their area labor agreement shall remain stipulated for the term of the current Standard Agreement. Any Association that incorporates Standard Agreement and/or Joint Conference Board stipulation language into their collective bargaining agreement will automatically have representation on the Joint Conference Board. Paragraph 6-Only those crafts with stipulation language in their area labor agreements will be allowed to bring jurisdictional dispute cases to the Joint Conference Board. Those crafts without stipulation language in their area labor agreements will be allowed to participate if a,jurisdictional dispute case is brought against their craft and will have the right to appeal any decision,If such an appeal is available,as provided In Article VI of this Agreement. F1'E-CC-45] 150CUSIgn'Envelope ID:5DD9C049-6998-4E39-8A30-IE042D256425 Paragraph 7-This agreement applies only to work performed within Cook County, Illinois. Paragraph 8-As herein before provided in Article VII,decisions or awards as to jurisdictional claims and decisions determining whether or not said decisions or awards have been violated rendered by the Joint Conference Board shall be final,binding and conclusive on all the parties hereto,on all of their members and affiliates,and on all employers subject only to the right of appeal herein provided for in Article VI. Paragraph 9-To further implement the decision of the Joint Conference Board,it is agreed that any party hereto,any of their members or affiliates,and any employer may at any time file a Verified Complaint in writing with the Joint Conference.Board alleging a violation of a decision or award previously made. The Board shall thereupon set a hearing,to be held within three days of receipt of the Verified Complaint with respect to the alleged violation,and shall notify all interested parties of the time and place thereof. An Arbitrator selected pursuant to Article VII,Paragraph 9(c) shall conduct a hearing at the time and place specified in its notice. All parties shall be given an opportunity to testify and to present documentary evidence relating to the subject matter of the hearing within forty-eight(48)hours after the,conclusion thereof,the Arbitrator shall render a written decision in the matter and shall state whether or not there has been a violation of its prior decision or award. Copies of the decision shall be served,by certified mail or by personal service,upon all parties hereto. Paragraph 10 - Should the Arbitrator determine that there has been a violation of the Board's prior decision or award,the Arbitrator shall order immediate compliance by the offending party or parties. The Arbitrator may take one or more of the following courses of action in order to enforce compliance with the Board's decision: a) The Arbitrator may assess liquidated damages not to exceed$5,000 for each violation by individual members of, or employees represented by the parties hereto,and may assess liquidated damages not to exceed$10,000 for each violation by either party hereto,or any of its officers or representatives, If a fine is rendered by the Arbitrator, it should be commensurate with the seriousness of the violation having a relationship to lost hours for the Unions and lost efficiency for the employer. Each of the parties hereto hereby agrees for itself, and its members, to pay to the other party within thirty days any sum,or sums,so assessed because of violations of a decision or award by itself, its officers,or representatives,or Its member or members. Should either party to this agreement,or any of its members fall to pay the amount so assessed within thirty days of its assessment, the party or member so failing to pay shall be deprived of all the benefits of this agreement until such time as the matter is adjusted to the satisfaction of the Arbitrator. 10 bocuS1gn'Enve1qw ID:5DD9C849-6998-4E3"A30-1 E6420256425 b) It may order cessation of all work by the employers and the employees on the job or project involved. Paragraph 11 -All Notices under this Agreement shall be in writing and sent by the Administrator of the Joint Conference Board via facsimile or email. For all notifications to affiliates of the Chicago&Cook County Building and Construction Trades Council, the Administrator may rely up the facsimile numbers,addresses and email addresses in the current directory of the Council. For notifications to all contractors and subcontractors,the,Administrator may rely on corporate information on the Illinois Secretary of State website or other appropriate databases. Original Notices of all Joint Conference Board decisions will be sent to each of the parties involved via certified mail. The notice provisions shall not include Saturday,Sunday or legal holidays. Paragraph 12-The following days shall be recognized as legal holidays: New Years Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day and Christmas Day. Paragraph 13 -The Board shall have no authority to undertake any action to enforce its decision after a hearing beyond informing the affected parties of its decision. Rather, it shall be the responsibility of the prevailing.party to seek appropriate enforcement of a decision,including findings,orders or awards of the Board determining non-compliance with a prior award or decision. The prevailing party in any enforcement proceeding shall be entitled to recover its costs and attorneys fees from the non-prevailing party. In the event the Board is made a party to,or is otherwise required to participate in any such enforcement proceeding for whatever reason,the non-prevailing party shall bear all costs, attorneys fees, and any other expenses incurred by the Board in those proceedings. Paragraph 14-In establishing the jurisdiction of the Joint Conference Board over all parties to the dispute,the primary responsibility for the judicial determination of the arbitrability of a dispute and the jurisdiction of the Joint Conference Board shall be borne by the party requesting the Board to hear the underlying jurisdictional dispute. If all of the parties to the dispute do not attend the arbitration hearing or otherwise agree in writing that t the parties are stipulated to the Joint Conference Board and Standard Agreement, the affected party or parties may proceed at the Joint Conference Board even in the absence of one or more parties to the dispute. In such instances,the issue of jurisdiction is an additional item that must be determined in the first instance by the Arbitrator who shall set forth basis of his determination in his decision, The Joint Conference Board may participate in any proceedings seeking a declaration or determination that the underlying dispute is subject to the jurisdiction and process of the Joint Conference Board. In any such proceedings,the non-prevailing party and/or the party challenging the jurisdiction of the Joint Conference Board shall bear all the costs, expenses and attorneys fees incurred by the Board in establishing its jurisdiction. The provision of Paragraph 13 regarding obtaining attorney fees shall apply. 6owSign,Emwlope 10:$009C849-8998-4E39-8A3D-liE642C>25642$ Paragraph 15-It is agreed by the patios hereto that this agreement shall remain In full force and effect until Juno 1,2020 unloss otherwise amended by agreement of parties. IN WITNESS WBEMF,the parties have caused this dDCUMMt to be executed at Chicago,Illinois this 28th day of May,2015, CONSTRUCTION EMPLOYERS' C)4lCA0O&COOK COUNTY ASSOCIATION BUILDING&CONMUCTION TRADES COUNCIL 16 VIWW. UAAP(0 0;4r, BY Charles M.Usher BY Thomas Villanova Contract No. CERTIFICATE OF COMPLIANCE WITH MULTI-PROJECT LABOR AGREEMENT(MPLA) I/WE hereby acknowledge that IIWE (Name of company) have read the Metropolitan Water Reclamation District of Greater Chicago's Multi-Project Labor Agreement. 1/WE and all my/our subcontractors certify that we are in compliance with the Agreement in that UWE and all my/our subcontractors have agreed to be bound by and operate under a current collective bargaining agreement with a union or labor organization affiliated with the AFL-CIO Building Trades Department and the Chicago and Cook County Building and Construction Trades Council, or their affiliates which have jurisdiction over the work to be performed pursuant to this Contract, (hereafter referred to as a "participating trade group"). State the name of the participating trade group(s)that your firm is currently signatory with in order to comply with the MPLA:(e.g.: Operating Engineers 150). (Identify all such participating unions or labor organizations. Attach a separate sheet if necessary); If your firm is not currently signatory with a participating union or labor organization,complete the following: I intend to comply with the MPLA by: Entering into a collective bargaining agreement with the following participating trade group(s): _ (Identify all such participating unions or labor organizations. Attach a separate sheet if necessary); Name of Company or Corporation By: Signature of Authorized Officer Attest: _—..... –.._._ --- Secretary Dated: Revised April 2018 MPLA-CC-49 EXHIBIT 4 AFFIRMATIVE ACTION ORDINANCE REVISED APPENDIX D OF THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO AS REVISED .TUNE 4,2015 AFFIRMATIVE ACTION ORDINANCE REVISED APPENDIX D OF THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO Section 1. Declaration of Policy Whereas, it is the policy of the Metropolitan Water Reclamation District of Greater Chicago (the "District") to ensure competitive business opportunities for small, minority- and women-owned business enterprises in the award and performance of District contracts, to prohibit discrimination on the basis of race, sex, gender, color, racial group or perceived racial group, disability, age, religion, national origin or ethnicity, sexual orientation, veteran or military discharge status, association with anyone with these characteristics, or any other legally protected characteristic in the award of or participation in District contracts, and to abolish barriers to full participation in District contracts by all person, regardless of race, ethnicity or sex; Whereas, the District pursuant to its authority under 70 ILCS 2605/11.3, is committed to establishing procedures to implement this policy as well as state and federal regulations to assure the utilization of minority-owned, women-owned and small business enterprises in a manner consistent with constitutional requirements; Whereas, the District is committed to equal opportunity for minority-,women-owned and small businesses to participate in the award and performance of District contracts; Whereas, the Supreme Court of the United States in City of Richmond v. J.A. Croson Co., 488 U.S. 469 (1989), has enunciated certain standards that are necessary to maintain effective contracting affirmative action programs in compliance with constitutional requirements; Whereas, the District is committed to implementing its affirmative action program in conformance with the United States Supreme Court's decision in Croson and its progeny; Whereas, in furtherance of this commitment, the Board of Commissioners directed the District staff and its outside consultants in 1990 to conduct an investigation into the scope of any discrimination in the award of and participation in District construction contracts as well as in the construction industry in Metropolitan Chicago, the extent to which such discrimination or the effects thereof has denied and continues to deny minority and women's business enterprises equal opportunity to participate in District contracts and to recommend the appropriate affirmative action steps to be taken to eliminate any such discrimination and its continuing effects. Whereas, on June 21, 2001, the District adopted its Revised Appendix D, Notice of Requirements for Affirmative Action Program to Ensure Minority, Small and Women's Business Participation ("Appendix D"); and Whereas, in 2006 the Board of Commissioners undertook a review of Appendix D, the District's contracting policy and operation under Appendix D and an investigation into the existence of continued discrimination against minority and women-owned businesses in the Metropolitan Chicago construction industry to evaluate the continued need for Appendix D and D-2 any necessary revisions thereto; Whereas, the Board of Commissioners undertook a review in 2012 of Appendix D, the District's contracting policy and operation under Appendix D and an investigation into the existence of continued discrimination against minority- and women-owned businesses in the Metropolitan Chicago construction industry to evaluate the continued need for Appendix D and any necessary revisions thereto; Whereas, in 2014, the Board of Commissioners undertook another review of Appendix D, the District's contracting policy and operation under Appendix D and an investigation into the existence of continued discrimination against minority- and women-owned businesses in the District's geographic and procurement market areas to evaluate the continued need for Appendix D and any necessary revisions thereto. That review resulted in commissioning a comprehensive disparity study conducted by an outside consultant that was finalized in 2015. Section 2, Findings The Board of Commissioners, having reviewed the 2015 report of its outside consultant finds: 1. In 2003, the U.S. District Court in Builders Association ref Greater Chicago v, City qf'Chicago, 298 F. Supp.2d 725 (N.D. 111. 2003) held that the evidence introduced at trial demonstrated that past and current discriminatory practices continue to place MBE and VVBE firms at a competitive disadvantage in the award of governmental contracts and such practices have and continue to impede the growth and success of MBEs and WBEs. 2. In 2004, a study of the Metropolitan Chicago Construction Industry by Timothy Bates, Distinguished Professor, Wayne State University, concluded that the evidence that African-American, Hispanic and women-owned businesses have been, and continue to be disadvantaged in the construction industry and small businesses is strong, has remained consistent and that compelling evidence indicates that African-American, Hispanic, and women- owned businesses face barriers in the Metropolitan. Chicago construction industry greater than those faced by white males. 3. A November, 2005 study of the Metropolitan Chicago construction industry by David Blancliflower, Professor of Economics at Dartmouth College, has determined that discrimination against Asian-owned businesses existed in the business community in areas of business financing and construction wages and that this, together with evidence of individual discrimination against Asian-owned construction companies, leads to the conclusion that discrimination against Asian owned businesses continues to exist in the Metropolitan Chicago construction industry. 4. In 2005, the U.S. District Court held in Northern Contracting, Inc. v. Illinois Department of Transportation, 2005 U.S. Dist. LEXIS 19868 (N.D. 111. Sept. 8, 2005) that there is strong evidence of the effects of past and current discrimination against MBEs and WBEs in the construction industry in the Chicago area. 5. The trial court's decision was affirmed in Northern Contracting, Inc. v. Illinois Department of'Transportation, 473 F.3d 715 (7t' Cir. 2007). 6. In 2006, Board of Commissioners of Cook County, Illinois accepted a report it had commissioned titled, "Review of Compelling Evidence of Discrimination Against Minority- and Women-Owned Business Enterprise in the Chicago Area Construction Industry and Recommendations for Narrowly Tailored Remedies for Cook County, Illinois" (Cook County D-3 2006 Report), which concluded that there is extensive evidence of discrimination against MBEs and WBEs in the Chicago area construction marketplace, and the participation of MBEs and WBEs in the County's construction prime contracts and subcontracts is below the availability of such firms. 7. In 2006, the Illinois State Toll Highway Authority commissioned a study for the availability of Disadvantaged Business Enterprises ("DBEs") in its geographic and procurement markets, to ensure that its DBE program was narrowly tailored as required by constitutional standard, which found 19.56% DBE availability in construction, 19.36% DBE availability in construction-related professional services, and that DBE utilization had steadily increased from 2.40% in 2004 to 24.72% in 2010.8. The Board of Commissioners of Cook County commissioned a new report, entitled "The Status of Minority and Women-Owned Business Enterprises Relevant to Construction Activity In and Around Cook County, Illinois" (Cook County 2010 Study), which found that MBEs and WBEs were not utilized in all aspects in proportion to their availability. 9. In 2010 the U.S. Department of Justice produced a report to Congress, entitled "Compelling Interest for Race- and Gender-Conscious Federal Contracting Programs: An Update to the May 23, 1996 Review of Barriers to Minority- and Women-Owned Businesses," that updated the original basis for the U.S. Department of Transportation's DBE program and concluded that discriminatory barriers continue to impede the ability of MBEs and WBEs to compete with other firms on a fair and equal• footing in government contracting markets, including in the construction industry. 10. In 2012, the District commissioned a report on barriers to construction opportunities in the Chicago area market and recommendations for District efforts to reduce such barriers, which found continuing disparities in the Chicago area construction market. 11. In 2014, The District commissioned its first comprehensive disparity study to investigate barriers to equal opportunities in the District's geographic and industry market areas and make recommendations for District efforts to reduce such barriers, which found continuing disparities in the District's market areas. 12. In 2015, the trial court in Midwest Fence, Corp. v. U.S. Department Of Transportation et al, 2015 WL 139676 (N.D. 111. March 24, 2015(Held that discrimination continues to impede full and fair opportunities for disadvantaged business enterprise in the Illinois construction industry). 13. The District has determined that it has a continuing compelling interest in preventing public funds in construction contracts from perpetuating the effects of past discrimination and current discrimination against minority- and women-owned firms in its market. 14. The Affirmative Action Program adopted by the District is hereby modified to further continue to ameliorate the effects of racial and gender discrimination in the construction market. 15. The remedies adopted herein by the District will not overly burden non-MBE and non-WBE firms in the award of District Contracts. 16. The Commissioners shall periodically review minority-owned and women-owned participation in contracts awarded by the District to ensure that the District continues to have a D-4 compelling interest in remedying discrimination against minority and women-owned firms in the award of District contracts and that the measures adopted herein remain narrowly tailored to accomplish that objective. Now, therefore, the District Board of Commissioners hereby adopts this Revised Appendix D: Section 3. Purpose and Intent The purpose and intent of this Ordinance is to mitigate the present effects of discrimination on the basis of race, ethnicity or sex in opportunities to participate on the District's prime contracts and associated subcontracts and to achieve equitable utilization of minority-owned, women-owned and small business enterprises in District construction contracts. Section 4. Coverage The following provisions, to be known as "Appendix D" together with relevant forms, shall apply and be appended to every construction contract awarded by the District where the estimated total expenditure is in excess of $100,000.00, except contracts let in the event of an emergency pursuant to 70 ILCS 2605/11.5. Section S. Definitions The meaning of these terms in this Ordinance are as follows: (a) "Administrator" means the District's Affirmative Action Program Administrator. (b) "Affiliate" of a person or entity means a person or entity that directly or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the person or entity. In determining Affiliation, the District shall consider all appropriate factors, including common ownership, common management, and contractual relationships. (c) "Annual Participation Goals" mean the targeted levels established by the District for the annual aggregate participation of MBEs and WBEs in District construction contracts (d) "Bidder" means an individual, a business enterprise, including a sole proprietorship, a partnership, a corporation, a not for profit corporation, a limited liability company or any other entity which has submitted a bid on a District contract. (e) "Books and Records" include, but are not limited to, payroll records, bank statements, bank reconciliations, accounts payable documents, account receivable documents, ledgers, all financial software, and all employer business tax returns. (f) "Contract Specific Goals" means the Goals established for a particular project or contract based upon the availability of MBEs or WBEs in the scope(s) of work of the Project. (g) "Construction contract" means any District contract or amendment thereto, providing for a total expenditure in excess of One Hundred Thousand Dollars ($100,000.00) for the construction, demolition, replacement, major repair or renovation and maintenance of real property and improvement thereon or sludge hauling and any other related contract which the District deems appropriate to be subject to Appendix D consistent with the Ordinance. D-5 (h) "Commercially Useful Function" means responsibility for the execution of a distinct element of the work of the contract, which is carried out by actually performing, managing, and supervising the work involved, or fulfilling responsibilities. (i) "Contract Goals" means the numerical percentage goals for MBE, WBE or SBE participation to be applied to an eligible District construction contract subject to Appendix D for the participation of MBEs, WBEs and SBEs, based upon the scopes of work of the contract, the availability of MBEs, WBEs and SBEs to meet the goals, and the District's progress towards meeting its Annual MBE, WBE and SBE goals. (j) "Director" means the District's Director of Procurement and Materials Management, formerly known as the Purchasing Agent. (k) "Economically Disadvantaged" means an individual with a Personal Net Worth less than $2,000,000.00, indexed annually for the Chicago Metro Area Consumer Price Index, published by the U.S. Department of Labor, Bureau of Labor Standards, beginning January 2008. (1) "Executive Director" means the chief administrative officer of the District, formerly known as the General Superintendent. (in) "Expertise" means demonstrated skills, knowledge or ability to perform in the field of endeavor in which certification is sought by the firm as defined by normal industry practices, including licensure where required. (n) "Good Faith Efforts" means those honest, fair and commercially reasonable actions undertaken by a contractor to meet the MBE or WBE goal, which by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the Program's goals. (o) "Hearing Officer" is an attorney licensed to practice in the State of Illinois, appointed by the Board of Commissioners, to conduct hearings as provided in this Ordinance regarding a contractor's compliance or non-compliance with this Ordinance. (p) "Joint Venture" means an association of two or more persons, or any combination of types of business enterprises and persons numbering two or more, proposing to perform a single for profit business enterprise, in which each Joint Venture partner contributes property, capital, efforts, skill and knowledge, and in. which the certified firm is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the Joint Venture are equal to its ownership interest. Joint Ventures must have an agreement in writing specifying the terms and conditions of the relationships between the partners and their relationship and responsibility to the contract. (q) "Job Order Contract" or "JOC" means a firm, fixed price, indefinite quantity contract designed to complete a large number of construction projects quickly. (r) "Local business" means a business located within the counties of Cook, DuPage, Kane Lake, McHenry or Will in the State of Illinois or Lake County in the State of Indiana which has the majority of its regular full-time work force located in this region or a business which has been placed on the District's vendor list or has bid on or sought District construction work. (s) "Minority-owned business enterprise" or "MBE" means a Local Small business entity, including a sole proprietorship, partnership, corporation, limited liability company, Joint Venture or any other business or professional entity, which is at least fifty-one percent (5 1%) owned by one or more members of one or more minority groups, or, in the case of a publicly held D-6 corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more members of one or more minority groups, and whose management, policies, major decisions and daily business operations are controlled by one or more Minority Individuals. (t) "Minority Individual" means a natural person who is a citizen of the United States or lawful permanent resident of the United States and one of the following: (i) African-American - A person having origins in any of the Black racial groups of Africa and is regarded as such by the African American Community of which the person claims to be a part. (iii) Asian-American — A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands or the Northern Marianas, and is regarded as such by the Asian American community of which the person claims to be a part. (ii) Hispanic-American - A person having origins from Mexico, Puerto Rico, Cuba and South or Central America and is regarded as such by the Hispanic community of which the person claims to be a part, regardless of race. (iv) Native-American— A person having origins in any of the original peoples of North America and who is recognized through tribal certification as a Native American by either a tribe or a tribal organization recognized by the Government of the United States of America. (v) Individual members of other groups whose participation is required under state or federal regulations or by court order. (vi) Individual members of other groups found by the District to be Socially Disadvantaged by having suffered racial or ethnic prejudice or cultural bias within American society, without regard to individual qualities, resulting in decreased opportunities to compete in the District's marketplace or to do business with the District. (u) "Personal Net Worth" means the net value of the assets of an individual after total liabilities are deducted. An individual's personal net worth does not include the individual's ownership interest in an applicant or other certified MBE or WBE, provided that the other firm is certified by a governmental agency that meets the District's eligibility criteria or the individual's equity in his or her primary place or residence. As to assets held jointly with his or her spouse or recognized civil partner, an individual's personal net worth includes only that individual's share of such assets. An individual's net worth also includes the present value of the individual's interest in any vested pension plans, individual retirement accounts, or other retirement savings or investment programs less the tax and interest penalties that would be imposed if the asset were distributed at the present time. (v) "Prime Contractor" means a Contractor that is awarded a District contract and is at risk for the completion of an entire District project, including purchasing all materials, hiring and paying subcontractors, and coordinating all the work. (w) "Small Business Enterprise" or "SBE" means a small business as defined by the U.S. Small Business Administration (SBA), pursuant to the business size standards found in 13 CFR Part 121, relevant to the scope(s) of work the firm seeks to perform on District contracts, except that the size standard for specialty trade construction firms shall be 150 percent of the SBA size standard. A firm is not an eligible SBE in any calendar fiscal year in which its gross receipts, averaged over the firm's previous five fiscal years, exceed the size standards of 13 CFR Part 121. D-7 (x) "Socially Disadvantaged" means a Minority Individual or Woman who has been subjected to racial, ethnic or gender prejudice or cultural bias within American society because of his or her identity as a member of a group and without regard to individual qualities. Social disadvantage must stem from circumstances beyond the individual's control. A Socially Disadvantaged individual must be a citizen or lawfully admitted permanent resident of the United States. (y) "Subcontractor" means a party that enters into a subcontract agreement with a District Prime Contractor to perform work or provide materials on a District project. (z) "Tier" refers to the relationship of a subcontractor to the prime contractor. A subcontractor having a contract with the prime contractor, including a material supplier to the prime contractor, is considered a "first-tier subcontractor," while a subcontractor's subcontractor is a "second-tier subcontractor" and the subcontractor's material supplier is a "third-tier subcontractor." The subcontractor is subject to the same duties, obligations and sanctions as the contractor under this Ordinance. (aa) "Utilization Plan" means the plan, in the form specified by the District, which must be submitted by a Bidder listing the MBEs, WBEs and SBE that the Bidder intends to use in the performance of a contract, the scopes of the work and the dollar values or the percentages of the work to be performed. (bb) "Vendor list" means the District's list of firms that are certified as minority-owned or women-owned by the City of Chicago, the County of Cook, the State of Illinois, the Women's Business Development Center, or the Chicago Minority Supplier Development Council, or as a Disadvantaged Business Enterprise by the Illinois Unified Certification Program, or as a Small Disadvantaged Business by the U.S. Small Business Administration. (cc) "Women-owned business enterprise" or "WBE" means a Local and Small business entity which is at least fifty-one percent (51%) owned by one or more women, or, in the case of a publicly held corporation, fifty-one percent (51%) of the stock of which is owned by one or more women, and whose management and daily business operations are controlled by one or more women. Determination of whether a business is at least fifty-one percent (51%) owned by a woman or women shall be made without regard to community property laws. Section 6. Non-Discrimination and Affirmative Action Clause As a precondition to selection, a Contractor must include in its bid proposal fora covered contract the following commitments: During the performance of this contract, the Contractor agrees: (a) It shall not discriminate on the basis of race, sex, gender, color, racial group or perceived racial group, disability, age, religion, national origin or ethnicity, sexual orientation, veteran or military discharge status, association with anyone with these characteristics, or any other legally protected characteristic in the solicitation for or purchase of goods in the performance of this contract. (b) It shall actively solicit bids for the purchase or subcontracting of goods or services from qualified MBEs, WBEs and SBEs. U-s (c) It shall undertake Good Faith Efforts in accordance with the criteria established in this Ordinance, to ensure that qualified MBEs, WBE, and SBEs are utilized in the performance of this contract and share in the total dollar value of the contract in accordance with each of the applicable utilization goals established by the District for the participation of qualified MBEs, WBEs and SBEs. (d) It shall require its subcontractors to make similar good faith efforts to utilize qualified MBEs, WBEs and SBEs. (e) It shall maintain records and furnish the District all information and reports required by the District for monitoring its compliance with this Ordinance. (f) It shall designate a person to act as an Affirmative Action Coordinator to facilitate the review of all concerns related to the participation MBEs, WBEs and SBEs. Section 7. Race- and Gender-Neutral Measures to Ensure Equal Opportunities for All Contractors and Subcontractors The District shall develop and use measures to facilitate the participation of all firms in District construction contracting activities. These measures shall include, but are not limited to: (a) Unbundling contracts to facilitate the participation of MBEs, WBEs and SBEs as Prime Contractors. (b) Arranging solicitation times for the presentations of bids, specifications, and delivery schedules to facilitate the participation of interested contractors and subcontractors. (c) Providing timely information on contracting procedures, bid preparation and specific contracting opportunities, including through an electronic system and social media. (d) Assisting MBEs, WBEs and SBEs with training seminars on the technical aspects of preparing a bid for a District contract. (e) Providing assistance to businesses in overcoming barriers such as difficulty in obtaining bonding and financing, and support for business development such as accounting, bid estimation, safety requirements, quality control. (f) Prohibiting Prime Contractors from requiring bonding for subcontractors, where appropriate. (g) Holding pre-bid conferences, where appropriate, to explain the contract and to encourage Bidders to use all available firms as subcontractors. (h) Adopting prompt payment procedures, including, requiring by contract that Prime Contractors promptly pay subcontractors and investigating complaints or charges of excessive delay in payments. (i) Developing Linked Deposit and other financing and bonding assistance programs to assist small firms. 0) Reviewing retainage, bonding and insurance requirements and their application to bid calculations to eliminate unnecessary barriers to contracting with the District. (k) Collecting information from Prime Contractors on District construction contracts detailing the bids received from all subcontractors for District on construction contracts and the expenditures to subcontractors utilized by Prime Contractors on District construction contracts. (1) Limiting the self-performance of prime contractors, where appropriate. (in) To the extent practicable, developing future policies to award contracts to SBEs. (n) Maintaining information on all firms bidding on District prime contracts and subcontracts. D-9 (o) At the discretion of the Board of Commissioners, awarding a representative sample of District construction contracts without goals, to determine MBE, WBE and SBE utilization in the absence of goals. (p) Referring complaints of discrimination against MBEs, WBEs or SBEs to the appropriate authority for investigation and resolution. Section 8. Certification Eligibility (a) Only businesses that meet the criteria for certification as a MBE, WBE or SBE may be eligible for credit towards meeting Utilization Contract Goals. The applicant has the burden of production and persuasion by a preponderance of the evidence at all stages of the certification process. (b) Only a firm owned by a Socially and Economically Disadvantaged person(s) may be certified as a MBE or WBE. (i) The firm's ownership by a Socially and Economically Disadvantaged person(s) must be real, substantial, and continuing, going beyond pro forma ownership of the firm as reflected in ownership documents. The owner(s) must enjoy the customary incidents of ownership and share in the risks and profits commensurate with that ownership interest. (ii) The contributions of capital or Expertise by the Socially and Economically Disadvantaged owner(s) to acquire the ownership interest must be real and substantial. If Expertise is relied upon as part of a Socially and Economically Disadvantaged owner's contribution to acquire ownership, the Expertise must be of the requisite quality generally recognized in a specialized field, in areas critical to the firm's operations, indispensable to the firm's potential success, specific to the type of work the firm performs and documented in the firm's records. The individual whose Expertise is relied upon must have a commensurate financial investment in the firm. (c) Only a firm that is managed and controlled by a Socially and Economically Disadvantaged person(s) may be certified as a MBE or WBE. (i) A firm must not be subject to any formal or informal restrictions that limit the customary discretion of the Socially and Economically Disadvantaged owner(s). There can be no restrictions through corporate charter provisions, by-law provisions, contracts or any other formal or informal devices that prevent the Socially and Economically Disadvantaged owner(s), without the cooperation or vote of any non-Socially and Economically Disadvantaged person, from making any business decision of the firm, including the making of obligations or the dispersing of funds. (ii) The Socially and Economically Disadvantaged owner(s) must possess the power to direct or cause the direction of the management and policies of the firm and to make day-to-day as well as long term decisions on management, policy, operations and work. (iii) The Socially and Economically Disadvantaged owner(s) may delegate various areas of the management or daily operations of the firm to persons who are not Socially and Economically Disadvantaged. Such delegations of authority must be revocable, and the Socially and Economically Disadvantaged owner(s) must retain the power to hire and fire any such person. The Socially and Economically Disadvantaged owner(s) must actually exercise control over the firm's operations, work, management and policy. (iv) The Socially and Economically Disadvantaged owner(s) must have an overall understanding of, and managerial and technical competence, experience and Expertise, directly related to the firm's operations and work. The Socially and Economically Disadvantaged owner(s) must have the ability to intelligently and critically evaluate information presented by D-10 other participants in the firm's activities and to make independent decisions concerning the firm's daily operations, work, management, and policymaking. (v) If federal, state and/or local laws, regulations or statutes require the owner(s) to have a particular license or other credential to own and/or control a certain type of firm, then the Socially and Economically Disadvantaged owner(s) must possess the required license or credential. If state law, District ordinance or other law regulations or statute does not require that the owner posses the license or credential., that the owner(s) lacks such license or credential is a factor, but is not dispositive, in determining whether the Socially and Economically Disadvantaged owner(s) actually controls the firm. (vi) A Socially and Economically Disadvantaged owner cannot engage in outside employment or other business interests that conflict with the management of the firm or prevent the owner from devoting sufficient time and attention to the affairs of the firm to manage and control its day to day activities. (d) Only an independent firm may be certified as a MBE, WBE or SBE. An independent firm is one whose viability does not depend on its relationship with another firm. Recognition of an applicant as a separate entity for tax or corporate purposes is not necessarily sufficient to demonstrate that a firm is independent and non-Affiliated. In determining whether an applicant is an independent business, the Director will: (i) Evaluate relationships with non-certified firms in such areas as personnel, facilities, equipment, financial and/or bonding support, and other resources. (ii) Consider whether present or recent employer/employee relationships between the Socially and Economically Disadvantaged owner(s) of the applicant for MBE or WBE certification or any owners of the applicant for SBE certification and non-certified firms or persons associated with non-certified firms compromise the applicant's independence. (iii) Examine the applicant's relationships with non-certified firms to determine whether a pattern of exclusive or primary dealings with non-certified firm compromises the applicant's independence. (iv) Consider the consistency of relationships between the applicant and non- certified firms with normal industry practice. (e) An applicant shall be certified only for specific types of work in which the Socially and Economically Disadvantaged owner(s) for MBEs and WBEs or the majority owner for SBEs has the ability and Expertise to manage and control the firm's operations and work. (f) The District shall certify the eligibility of Joint Ventures involving MBEs, WBEs or SBEs and non-certified firms. (g) The certification status of all MBEs, WBEs and SBEs shall be reviewed periodically by the Administrator. Failure of the firm to seek recertification by filing the necessary documentation with the Administrator as provided by rule may result in decertification. (h) It is the responsibility of the certified firm to notify the Administrator of any change in its circumstances affecting its continued eligibility. Failure to do so may result in the firm's decertification. (i) The Administrator shall decertify a firm that does not continuously meet the eligibility criteria. (j) Decertification by another agency shall create a prima facie case for decertification by the District. The challenged firm shall have the burden of proving by a preponderance of the evidence that its District certification should be maintained. (k) A firm that has been denied certification or recertification or has been decertified may protest the denial or decertification by filing a written appeal with the Executive Director within D-11 10 calendar days of receipt of the denial of District certification, recertification or decertification. The appeal should set forth in detail the facts upon which it is based, and attach all relevant documentations. The Executive Director shall render a decision within 15 calendar days of receipt of a timely appeal. The Executive Director's decision shall be final. (1) A firm found to be ineligible may not apply for certification for two years after the effective date of the final decision. Section 9. Schedule of Goals for Minority-Owned, Women-Owned and Small Business Enterprise Utilization In fulfillment of its policy to provide MBEs, WBEs, and SBEs full and equitable opportunities to participate in the District's construction prime contracts and subcontracts, the District shall establish annually goals for MBE, WBE and SBE participation, based on the availability of MBEs and WBEs in the District's geographic and procurement market. Section 10. Contract Goals. (a) The Director, in consultation with the Administrator and the User Department, shall establish Contract Goals for construction contracts based upon the availability of at least three MBEs and three WBEs registered on the District's vendor list to perform the anticipated subcontracting functions of the contract and the District's utilization of MBEs and WBEs to date. (b) Where a substantial portion of the total construction contract cost is for the purchase of equipment, the Director may designate goals for only that portion of the contract relating to construction work and related supplies and/or modify the limitations on the credit for MBE or WBE suppliers herein. (c) The Contract Goal(s) shall be designated in the contract documents. Section 11. Counting MBE, WBE, and SBE Participation towards Contract Goals (a) A Bidder may achieve the Utilization Contract Goals by its status as a MBE, WBE or SBE or by entering into a Joint Venture with one or more MBEs, WBEs and SBEs or by first-tier subcontracting a portion of the work to one or more MBEs, WBEs and SBEs or by direct purchase of materials or services from one or more MBEs, WBEs and SBEs or by any combination of the above. (b) If a firm is certified as both a MBE and a WBE, the Bidder may count the firm's participation either toward the achievement of its MBE or WBE goal, but not both. (c) A Bidder may count toward the achievement of its SBE goal the utilization of any MBE or WBE that also satisfies the definition of a SBE. (d) A Bidder may count the entire amount of that portion of a contract that is performed by MBEs, WBEs or SBEs own forces, including the cost of supplies and materials obtained and installed by the MBE, WBE or SBE for the work of the contract, and supplies purchased or equipment leased by the MBE, WBE or SBE used to directly perform the work of the contract (except supplies and equipment the MBE, WBE or SBE purchases or leases from the Prime Contractor or the Prime Contractor's Affiliate). (e) Where a Bidder or first-tier subcontractor engages in a Joint Venture to meet the Contract Goal, the Administrator shall review the profits and losses, initial capital investment, D-12 actual participation of the Joint Venture in the performance of the contract with its own forces and for which it is separately at risk, and other pertinent factors of the joint venture, which must be fully disclosed and documented in the Utilization Plan in the same manner as for other types of participation, to determine the degree of MBE, WBE or SBE participation that will be credited towards the Contract Goal. The Joint Venture's Utilization Plan must evidence how it will meet the goal or document the Bidder's Good Faith Efforts to do so. The Administrator has the authority to review all records pertaining to Joint Venture agreements before and after the award of a contract in order to assess compliance with this Ordinance. The MBE, WBE or SBE Joint Venture partner must have a history of proven expertise in performance of a specific area of work and will not be approved for performing only general management of the Joint Venture. The specific work activities for which the MBE, WBE or SBE Joint Venture partner will be responsible and the assigned individuals must be clearly designated in the Joint Venture Agreement. The Joint Venture must submit to the Administrator quarterly work plans, including scheduling dates of the tasks. The Administrator must approve the quarterly plans for the MBE, WBE or SBE Joint Venture partner's participation to be credited towards the Contract Goals. (f) Only the participation of MBEs, WBEs or SBEs that will perform as first-tier subcontractors will be counted towards meeting the Utilization Contract Goals. (g) Only expenditures to a MBE, WBE or SBE that is performing a Commercially Useful Function shall be counted towards the Utilization Contract Goal. (i) A firm is considered to perform a commercially useful function when it is responsible for execution of a distinct element of the work of a contract and carries out its responsibilities by actually performing, managing, and supervising the work involved. The firm must pay all costs associated with personnel, materials and equipment. The firm must be formally and directly responsible for the employment, supervision and payment of its workforce must own and /or lease equipment, and must be responsible for negotiating price, determining quality and quantity and paying for and ordering materials used. The firm cannot share employees with the Prime Contractor or its Affiliates. No payments for use of equipment or materials by the firm can be made through deductions by the Prime Contractor. No family members who own related businesses are allowed to lease, loan or provide equipment, employees or materials to the firm. (ii) A firm does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction through which funds are passed in order to obtain the appearance of MBE, WBE or SBE participation. The Prime Contractor is responsible for ensuring that the firm is performing a commercially useful function. (iii) The District will evaluate the amount of work subcontracted, industry practices, whether the amount the MBE, WBE or SBE is to be paid under the contract is commensurate with the work it is actually performing and other relevant factors. (iv) If a firm subcontracts a greater portion of the work of a contract than would be expected based on normal industry practice, it is presumed not to perform a Commercially Useful Function. When a firm is presumed not to be performing a Commercially Useful Function, the firm may present evidence to rebut this presumption. (h) Credit towards the Contract Goals will be allowed only for those direct services performed or materials supplied by MBEs, WBEs or SBEs or first-tier subcontractor MBEs, WBEs or SBEs. MBEs, WBEs or SBEs must perform no less than eighty-five percent (85%) of D-13 their work with their own forces, through the use of its own management and supervision, employees and equipment. If industry standards and practices differ, the firm must furnish supporting documentation for consideration by the District. (i) Purchase of materials and supplies must be pre-approved if their purchase is related to goal attainment. Bidder may count payments to MBE, WBE or SBE regular dealers or manufacturers who offer only furnish and deliver contracts for materials and supplies for no more than twenty-five percent (25%) of each MBE, WBE or SBE goal, unless approved by the Administrator. If the bidder exceeds the supplier exception amount allowable as stated in the bid documents, the bid will be viewed as non-responsive. 0) A dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a regular dealer, the firm must engage in, as its principal business, and in its own name, the purchase and sale of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or regular dealers within the meaning of this section. A manufacturer is a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Bidder. (k) If a firm ceases to be a certified during its performance on a contract, the dollar value of work performed under a contract with that firm after it has ceased to be certified shall not be counted. (1) In determining achievement of Utilization Contract Goals, the participation of a MBE, WBE or SBE shall not be counted until that amount has been paid to the MBE, WBE or SBE. Section 12. Utilization Plan Submission (a) Compliance documents must be submitted as provided in the solicitation. Failure to do so will render the bid non-responsive. The Director shall review each bid submission to determine if it meets the requirements herein, (b) A Bidder must either meet the Utilization Contract Goals or establish its Good Faith Efforts to do so as described in Appendix D and the solicitation. (c) Each Bidder shall submit with its bid a completed and signed Utilization Plan that lists the names, addresses, telephone numbers, email addresses and a description of the work with contract item number and contact person of the businesses intended to be used as subcontractors, subconsultants and suppliers, including those firms proposed to meet the Contract Goal(s); the type of work or service each business will perform; and the dollar amount to be allocated to the certified firm(s). Each Bidder's Utilization Plan shall commit to MBE, WBE or SBE participation equal to or greater than each of the Contract Goals set forth in the solicitation, unless the Bidder requests a partial or total waiver of the requirement that it file a Utilization Plan or achieve a particular goal by submitting with the bid a signed Waiver Request in the form specified in the solicitation. (d) Each Bidder must submit with its bid a signed MBE, WBE or SBE Subcontractor's Letter of Intent for each firm in the -form specified in the solicitation, with either a copy of each MBE, WBE or SBEs current Letter of Certification from a state or local government or agency D-14 or documentation demonstrating that the firm is a MBE, WBE or SBE within the meaning of this Appendix D. In the event of a conflict between the amounts stated on the Utilization Plan and the MBE, WBE or SBE Subcontractor's Letter of Intent, the terms stated on the Utilization Plan shall control. An original or facsimile copy of the MBE, WBE or SBE Subcontractor's Letter of Intent will be acceptable. (e) Where a Bidder had failed to meet the Contract Goal(s), it must file a Waiver Request documenting its Good Faith Efforts to meet the Goal(s) as provided in the format described in the solicitation, the Administrator shall require the contractor to file a Contractor Information Form and provide additional documentation of its good faith efforts in attempting to fulfill such goals. (i) Such Good Faith Efforts, as defined herein, shall include, but are not limited to,the following: (i) Attend any pre-bid conference conducted by the District to acquaint contractors with MBEs, WBEs and SBEs available to provide relevant goods and services and to inform MBEs, WBEs and SBEs of subcontract opportunities on the contract; (ii) Review lists of available MBEs, WBEs and SBEs maintained by the District and other state and local governments and agencies prior to the bid opening to identify qualified MBEs, WBEs and SBEs for solicitation for bids; (iii) Advertise, not less than 15 calendar days before the bid opening date, in one or more daily newspapers and/or trade publications, for proposals or bids by MBEs, WBEs and SBEs for subcontracts or the supply of goods and services on the contract; (iv) Make timely written solicitations of available MBEs, and WBEs and SBEs identified on the District's vendor list that provide relevant services for subcontracts or the supply of goods and services; (v) Provide MBEs, WBES and SBEs with convenient and timely opportunities to review and obtain relevant plans, specifications or terms and conditions of the contract to enable such MBEs, WBEs and SBEs to prepare an informed response to a contractor solicitation; (vi) Divide total contract requirements into small tasks or quantities and adjust performance bond and insurance requirements or otherwise assist MBEs, WBEs and SBEs in obtaining the required bonding, insurance or financing, where economically feasible, to encourage participation of MBEs, WBEs and SBEs; (vii) Follow up initial solicitation of MBEs, WBEs and SBEs by contacting them to determine if the enterprises are interested in making bids or proposals; (viii)Negotiate in good faith with MBEs, WBEs and SBEs prior to the bid opening and do not reject as unsatisfactory any bids or proposals submitted by M/WBEs without justifiable reason, including the lack of bonding capacity or the ability to obtain insurance requirements such as Completed Builders Risk (All Risk) Insurance, Comprehensive General Liability Insurance, Contractor Contractual Liability Insurance and Public Liability Insurance; (ix) Establish delivery schedules, where the requirements of the work permit, which will encourage participation by MBEs, WBEs and SBEs; (x) Establish joint ventures with MBEs, WBEs and SBEs; D-15 (xi) Use the services and assistance of the District, the Small Business Administration, the Office of Minority Business Enterprises of the U.S. Department of Commerce and appropriate community and minority and women's business organizations; (ii) Failure of a Bidder to provide requested information to the Administrator or to cooperate with the Administrator's investigation, may be grounds for the rejection of a bid and/or a Waiver request. (iii) Upon completion of the investigation, the Administrator shall inform the Director of his or her findings. (iv) The Director, after consultation with the Administrator, shall determine whether to grant the waiver request based on the Bidder's Good Faith Efforts at the time of bid submission. (v) Where the Director determines that a Bidder has not made Good Faith Efforts, the Director shall declare the bid submission non-responsive and will reject the bid. (d) A contractor's submission of a Utilization Plan that commits to a MBE or WBE participation equal to or greater than the applicable utilization goals shall not provide a basis for a higher bid, an increase in contract price or a later change order. (e) The requirement to submit a Utilization Plan and MBE, WBE or SBE Subcontractor's Letters of Intent applies when the individual project is awarded under Job Order Contracts awarded by the District. (i) A Prime Contractor issued a Job Order Contract shall submit with each work order issued under such a Contract its Utilization Plan that lists the name, address, telephone number, email address and contact person for each MBE, WBE or SBE to be used on the work order, as well as a description of work to be performed and a dollar amount to be allocated to such MBE, WBE or SBE. The Prime Contractor shall submit with each work order a MBE, WBE or SBE Subcontractor's Letter of Intent from each certified firm. (ii) A Prime Contractor awarded a Job Order Contract shall be subject to the compliance monitoring provisions herein. The Prime Contractor must submit to the Administrator monthly documentation, as specified by the Administrator, demonstrating that the Contractor has attained the Contract Goals for the completed portion of the Job Order Contract, or that it has been unable to do so despite its good faith efforts. Good Faith Efforts must be documented as provided in this Ordinance. Section 13. Compliance Review (a) The Director shall declare the bid submission non-responsive if a Bidder: (i) Failed to submit with its bid a completed and signed Utilization Plan; (ii) Failed to commit in its Utilization Plan to MBE, WBE and SBE participation equal to or greater than each of the Utilization Contract Goals unless the Bidder submitted with its bid a request for a total or partial waiver of the Goal(s). D-16 (iii) Failed to identify in its Utilization Plan the MBE, WBE or SBE by name, scope of work, contract item number, and dollar value of work or percentage of participation equal to or greater than each of the Contract Goal(s). (iv) Failed to submit with its bid the MBE, WBE and SBE Subcontractor's Letter of Intent from each MBE, WBE and SBE listed on its Utilization Plan. (b) Where, after consultation with the Administrator, the Director determines that the Utilization Plan submitted by a Bidder is false or fraudulent, the bid shall be rejected or, if the determination is made after the bid award, the contract may be forfeited in accordance with the provision of Article 28 of the General Conditions. (c) If a Mentor-Prot6g6 relationship is proposed to meet the Contract Goal, the Mentor- Prot6g6 Development Plan must be submitted to the Administrator for approval prior to contract award. Mentor-Protdg6 relationship" describes an association between large business prime contractor firms and socially disadvantaged firms designed to motivate, encourage and to provide mutually beneficial developmental assistance to those socially disadvantaged firms. (d) Prior to the award of any contract, the Administrator shall review the Utilization Plan, MBE, WBE and SBE Subcontractor's Letter(s) of Intent and Letter(s) of Certification, and Contractor Information and Waiver Request Forms as specified in the solicitation, submitted by the apparent low bidder on a contract and conduct any other investigation the Administrator deems appropriate to determine compliance. (e) Within 30 calendar days after demand, the Prime Contractor shall furnish executed copies of all MBE, WBE and SBE subcontracts to the Administrator. Subsequently, the contractor shall obtain and submit a copy of all MBE, WBE and SBE related subtier contracts on demand. (f) The Prime Contractor shall set timetables for use of its subcontractors before fifty percent (50%) of the work is completed. (g) If requested by the Administrator, the Prime Contractor must submit a MBE, WBE and SBE Work Plan projecting the work tasks associated with certified firms' commitments prior to the award of the contract. The Work Plan must provide a description of the work to be subcontracted to other MBEs, WBEs and SBEs and non-certified firms and the dollar amount and the name of the all tiers of subcontractors. The Work Plan becomes part of the Prime Contractor's contractual commitment and the contract record, and may not be changed without prior approval of the Administrator. Section 14. Contract Performance Compliance (a) After the award of a contract, the Administrator shall review the Prime Contractor's compliance with its MBE, WBE and SBE commitments during the performance of the contract. (b) The Prime Contractor shall be required to submit the Affirmative Action Monthly MBE/WBE/SBE Status Report providing the information and in the format as specified by the District with every payment request. The Contractor's failure to do so may result in a delay of the progress payment. D-17 (c) Evidence of MBE, WBE and SBE subcontractor participation and payments must be submitted as required by the District to confirm subcontractors' participation and payment. (d) District contract compliance officers and auditors, or their designees, shall have access to the contractor's and subcontractor's books and records, including certified payroll records, bank statements, employer business tax returns and all records including all computer records and books of account to determine the contractor and MBE, WBE and SBE subcontractor compliance with the goal commitment. Audits may be conducted at any time and without notice in the total discretion of the District. A Prime Contractor must provide the Administrator any additional compliance documentation within 14 calendar days of such request. Audits may be conducted without notice at any time at the discretion of the District. (e) If District personnel observe that any purported MBE, WBE and SBE subcontractor other than those listed on the Utilization Plan are performing work or providing materials and/or equipment for those MBE and WBE subcontractors listed on the Utilization Plan, the Prime Contractor will be notified in writing of an apparent violation is taking place and progress payments may be withheld. The contractor will have the opportunity to meet with the Affirmative Action Administrator prior to a finding of noncompliance. (f) Where a partial or total waiver of the Contract Goal(s) has been granted, the Prime Contractor must continue to make Good Faith Efforts during the performance of the contract to meet the Goal(s), and the Administrator shall provide technical assistance with respect to such efforts. The Administrator shall require the Prime Contractor to provide documentation of its continuing Good Faith Efforts in attempting to fulfill its commitments. (g) The Prime Contractor cannot make any changes to the approved Utilization Plan or substitutions of the MBE(s), WBE(s) or SBE(s) listed in the Utilization Plan throughout the life of the contract without the prior, written approval of the Administrator. This includes, but is not limited to, instances in which the Prime Contractor seeks to perform work originally designated for a MBE, WBE or SBE subcontractor with its own forces or those of an affiliate, a non- certified firm or another MBE, WBE or SBE. Failure to obtain the prior, written approval of the Administrator in the format specified by the District shall constitute a breach of the contract, and subject the Prime Contractor to any and all available sanctions. The participation of certified firms that did not receive prior, written approval by the Administrator will not be counted towards the Contract Goal(s). (i) The Prime Contractor must demonstrate good cause to terminate or reduce the scope of work of the MBE, WBE or SBE to the satisfaction of the Administrator. Good cause is limited to the following circumstances: (1) The listed MBE, WBE, or SBE subcontractor fails or refuses to execute a written contract. (2) The listed MBE, WBE or SBE subcontractor becomes bankrupt, insolvent or exhibits credit unworthiness. (3) The listed MBE, WBE or SBE is ineligible to work on public works projects because of suspension and debarment proceedings pursuant to federal or state or local law. (4) The Administrator has determined that the listed MBE, WBE or SBE subcontractor is not a responsible contractor. D-18 (5) The listed MBE, WBE or SBE subcontractor voluntarily withdraws from the project and provides the Administrator written notice of its withdrawal. (6) The listed MBE, WBE or SBE subcontractor is ineligible to receive credit for the type of work required. (7) The MBE, WBE or SBE owner dies or becomes disabled with the result that the listed MBE, WBE or SBE subcontractor is unable to complete its work on the contract. (8) Other good cause as determined in the Administrator's sole discretion. (ii) Good cause does not include where the Contractor seeks to terminate a MBE, WBE or SBE it relied upon to obtain the contract so that the Contractor can self-perform the work or substitute another MBE, WBE or SBE or non-certified subcontractor to perform the work for which the MBE, WBE or SBE was engaged or listed on the Utilization Plan. (iii) The Prime Contractor must give the MBE, WBE or SBE notice in writing, with a copy to the Administrator, of its intent to request to terminate and/or substitute, and the detailed reasons for the request. (iv) If the Prime Contractor proposes to terminate or substitute a MBE, WBE or SBE subcontractor for any reason, the Contractor must make Good Faith Efforts as defined herein to find a substitute MBE, WBE or SBE subcontractor for the original MBE, WBE or SBE to meet its MBE, WBE or SBE contractual commitment. Its Good Faith Efforts shall be directed at finding another MBE, WBE or SBE to perform or provide at least the same amount of work, material or service under the contract as the original MBE, WBE or SBE to the extent necessary to meet its MBE, WBE or SBE contractual commitment. (v) The Prime Contractor must submit a MBE, WBE or SBE Subcontractor's Letter of Intent for each proposed new MBE, WBE or SBE subcontractor. (vi) The Administrator will approve or disapprove the substitution based on the Prime Contractor's documented compliance with these provisions. (h) In the event a Prime Contractor fails to achieve the level of MBE, WBE or SBE participation described in its Utilization Plan as the result of the District's deletion of the work to be performed by a MBE, WBE or SBE, the Prime Contractor shall notify the Administrator in writing and may request an amendment of its Utilization Plan. A letter of release signed by the subcontractor must be included with the request. (i) In the event a Prime Contractor, in the performance of its contract, determines that the conditions of the work warrant a reduction in the scope of work to be performed by a MBE, WBE or SBE the Prime Contractor must utilize Good Faith Efforts to fulfill its MBE, WBE or SBE contractual commitment. The Prime Contractor must notify the Administrator in writing within 14 calendar days of the determination to request an amendment of its Utilization Plan. The Prime Contractor must give the MBE, WBE or SBE notice in writing, with a copy to the Administrator, of its intent to request to reduce the scope of work, and the detailed reasons for the request. The Administrator will approve or disapprove the reduction based on the Prime Contractor's documented compliance with these provisions. 0) Where contract change orders are made individually or in the aggregate that increase the total value of the contract by more than ten percent (10%) of the original contract value, the D-19 Prime Contractor shall increase the utilization of all MBEs, WBEs or SBEs, where feasible, so that the total value of the percentage of work performed by MBEs, WBEs or SBEs as to increased contract value bears the same relationship to the total value of the contract (as modified by change orders) as the percentage of MBEs, WBEs or SBEs utilization committed to in the contractor's original Utilization Plan. Section IS. Sanctions for Non-Compliance (a) Where the Administrator believes that the Prime Contractor or subcontractor has committed fraud or misrepresentation against the District or has failed to comply with this Ordinance or its contract, or provided false or fraudulent documentation, the Administrator shall notify the Prime Contractor and/or subcontractor in writing of such determination of noncompliance and withhold up to one hundred percent (100%) of the current progress or final payment due the Prime Contractor for up to 90 days. The amount to be withheld shall be based upon a determination of the degree to which the Prime Contractor has failed to meet its MBE, WBE or SBE contractual commitments and to what extent the Prime Contractor has made Good Faith Efforts to achieve such commitments. The Prime Contractor and/or subcontractor shall have the right to meet with the Administrator within 10 calendar days of receipt of the notice. After conference and conciliation, the Administrator will determine whether the Prime Contractor and/or subcontractor is in compliance. (b) If the Administrator determines the Prime Contractor and/or subcontractor is not in compliance and the violation cannot be resolved by conference and conciliation, the Administrator shall refer the matter to the Executive Director and the Executive Director may return the referral to the Administrator with direction or may direct the Prime Contractor and/or subcontractor to show cause on a date certain why further sanctions should not be imposed. (i) The Prime Contractor or subcontractor shall have 15 calendar days after receipt of the show cause notice within which to file a response in writing with the Administrator. A hearing before a duly appointed Hearing Officer shall be convened to provide the contractor and/or subcontractor an opportunity to be heard with respect to the non-compliance. Within 30 calendar days after the Executive Director's referral, the Hearing Officer shall schedule a hearing to be held within 30 calendar days of receipt of the referral for hearing at which the District, the contractor and/or subcontractor may present evidence of the purported violation. and/or the absence thereof. The District will carry the burden of proof by a preponderance of the evidence. The Prime Contractor and/or subcontractor may present additional evidence and witnesses to show cause why sanctions should not be imposed. An official record will be kept with the Clerk of the District. All filings by the District or the respondents should be made with the Clerk of the District, with courtesy copies going to the parties and the Hearing Officer. (ii) The Hearing Officer shall conduct such show cause hearings involving the Ordinance and shall render findings of fact, conclusions of law and recommendations regarding disposition of the hearings. Procedures and rules governing the show cause hearings will be adopted by the Board of Commissioners. The Hearing Officer will not become co-counsel with any attorneys appearing before hirn/her at any time during the hearing. (iii) All Show Cause Hearings must be conducted on the record and all testimony must be under oath and transcribed verbatim by a court reporter. All parties shall be given the opportunity to present and respond to evidence. The Hearing Officer shall conduct a fair hearing and maintain order and shall abide by the Judicial. Canons of Ethics enacted by the Illinois Supreme Court. D-20 (iv) Within 30 calendar days after the hearing with the Prime Contractor and/or subcontractor, the Hearing Officer shall issue in writing to the Executive Director his/her written findings of fact, conclusions of law as to compliance and recommendations with respect to any appropriate sanctions. The Executive Director shall transmit the Hearing Officer's findings, conclusions and recommendations to the Board of Commissioners which may impose sanctions for a Prime Contractor's and/or subcontractor's noncompliance with this Ordinance including, but not limited to: (1) Withholding up to fifty percent (50%) of the current progress or final payment due the contractor until the Administrator determines that the contractor is in compliance. Following the withholding of up to fifty percent (50%) of the current progress payment, up to one hundred percent (100%) of further progress payments may be withheld until the contractor is found to be in compliance with the requirements of this Ordinance. The amount to be withheld will be based upon a determination of the degree to which the Prime Contractor has failed to meet its MBE, WBE or SBE contractual commitments and to what extent the Prime Contractor has made good faith efforts to achieve such commitments. (2) Declaring the Prime Contractor and/or subcontractor to be non- responsible and disqualify/debar the Prime Contractor and/or subcontractor from eligibility to bid on District construction contracts for a period of not less than one (1) year, and not more than three (3) years. An entity that is disqualified pursuant to the provisions of this Ordinance shall be precluded from participation on any District contract as a Prime Contractor, subcontractor and supplier for the period of disqualification. In cases of the use of false documentation, the making of false statements, fraud or misrepresentation, the disqualification period will be not less than eighteen(18) months, and not more than three (3) years for the second violation of the Ordinance and not less than twenty-four (24) months and not more than three (3) years for the third violation of the Ordinance from the date of disqualification established in the Board Order. (3) Rejecting bids by the Prime Contractor for other contract(s) not yet awarded to that Bidder in instances of the use of false documentation, the making of false statements, fraud or misrepresentation. (4) For any MBE, WBE or SBE that has misrepresented its MBE, WBE or SBE status and/or failed to operate as an independent business concern performing a Commercially Useful Function, declaring by the Director that the MBE, WBE or SBE ineligible to participate as a MBE, WBE or SBE in District contracts. A firm that has been declared ineligible may not participate as a MBE, WBE or SBE for a period of not less than one (1) year and not more than three (3) years. (5) Forfeiting and deducting from. the Prime Contractor's progress or final payments under the contract an amount up to the dollar amount of its MBE, WBE goal commitment that the contractor has failed to meet. The amount to be deducted will be based upon a determination of the extent to which the Prime Contractor made Good Faith Efforts to achieve such commitments. (6) Referring the matter to the Office of the Attorney General or Cook County State's Attorney for follow-up action. (e) The Administrator and Director will take action to prevent a contract from being awarded to a Prime Contractor or first-tier subcontractor disqualified from bidding hereunder for the period of disqualification. (d) The District's attorneys' fees and costs will be assessed against the Prime Contractor and/or subcontractor where the Hearing Officer makes a finding that the Prime D-21 Contractor or subcontractor used false documentation, made false statements, or committed fraud or misrepresentation. (e) Notice of sanctions imposed by the Board of Commissioners for violations of the Ordinance by the Prime Contractor, subcontractor and/or supplier will be spread upon the public record by the District, including but not limited to publication in the Record of Proceedings of the Board of Commissioners, posting on the District's web site, publication in any type of media, newspaper publication and direct notice by letter to governmental entities. (f) Any sanctions imposed against an entity shall also apply personally to all officers and directors of the entity or partners of the entity, and their successors and assigns with knowledge of the acts and omissions that give rise to the sanctions against the entity. (g) The District may take other action, as appropriate, within the discretion of the Administrator, subject to the approval of the Hearing Officer and the Board of Commissioners. Section 16. Other Federal Regulations The provisions of this Ordinance shall not apply to any contract to the extent that different procedures or standards are required by any law or regulation of the United States and nothing herein shall be interpreted to diminish or supplant the present Equal Employment Opportunity Requirements contained in Appendices B, C, G, and I of Grant funded contracts or Appendix C of non-Grant funded contracts. Section 17. Reporting and Review The Board of Commissioners directs the District staff to report to the Board of Commissioners on an annual basis with respect to the following: (a) The level of MBE, WBE or SBE participation achieved in each year in District construction contracts subject to Appendix D. (b) Identification of any problems with the enforcement of Appendix D; and (c) Any recommendations with respect to improving the implementation of Appendix D. Section 18. Sunset Provision This Appendix D shall be reviewed no later than five years from its adoption and shall expire on June 4, 2020 unless the District finds that its remedial purposes have not been fully achieved and that there is a compelling interest in continuing to implement narrowly tailored remedies to redress discrimination against MBEs and WBEs so that the District will not function as a passive participant in a discriminatory market in the Metropolitan Chicago construction industry. Section 19. Repeal of Prior Inconsistent Provisions All enactments and provisions heretofore adopted by this Board of Commissioners in the area of affirmative action in connection with construction contracts subject to this Ordinance that are inconsistent with the provisions of this Ordinance are hereby expressly repealed. D-22 Section 20. Severability If any clause, sentence, paragraph, section or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this Ordinance directly involved in the controversy in which the judgment shall have been rendered. Section 21. Effective Dates This amendment to revised Appendix D shall be effective and apply to all bids for contracts advertised after June 4, 2015. ADOPTED: anaT. S Mari �, � � .,. y Spyt-6 !":s,A5ent Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago Approved as to form and legality: Head Assistant Attorney General Counsel D-23 EXHIBIT 5 METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO MBE, WBE, SBE UTILIZATION PLAN For Local and Small business entities - Definitions for terms used below can be found in Appendix D: MBE - Section 5(s); WBE- Section 5(cc); SBE - Section 5(w). NOTE: The Bidder shall submit with the Bid, originals or facsimile copies of all MBE, WBE, SBE Subcontractor's Letter of Intent furnished to all MBEs, WBEs, and SBEs. IF A BIDDER FAILS TO INCLUDE signed copies of the MBE, WBE, SBE Utilization Plan and all signed MBE, WBE, SBE Subcontractor's Letter of Intent with its bid, said bid will be deemed nonresponsive and rejected. All Bidders must sign the signature page UP-5 of the Utilization Plan, even if a waiver is requested. Name of Bidder: Contract No.: Affirmative Action Contact&Phone No.: E-Mail Address: Total Bid: MBE, WBE, SBE UTILIZATION PLAN AND ALL SIGNED MBE, WBE, SBE SUBCONTRACTOR'S LETTER OF INTENT MUST BE COMPLETED, SIGNED AND ACCOMPANY YOUR BID!!! The bidder should indicate on the Utilization Plan explicitly if the dollar amounts for the MBE participation will also be counted toward the achievement of its SBE participation. See Affirmative Action Ordinance,Revised Appendix D,Section 11,Counting MBE,WBE and SBE Participation towards Contract Goals.(a)(b)(c) MBE UTILIZATION Name of MBE and contact person: Business Phone Number: Email Address: Address: Description of Work,Services or Supplies to be provided: CONTRACT ITEM NO.: Total Dollar Amount Participation: If the MBE participation will be counted towards the achievement of the SBE goal please indicate here: ❑ ❑ YES NO The MBE,WBE,SBE Utilization Plan and the MBE,WBE,SBE Subcontractor's Letter of Intent MUST Accompany the Bid! MBE UTILIZATION Name of MBE and contact person: Business Phone Number: Email Address: Address: Description of Work,Services or Supplies to be provided: CONTRACT ITEM NO.: Total Dollar Amount Participation: If the MBE participation will be counted towards the achievement of the SBE goal please indicate here: ❑ ❑ YES NO The MBE,WBE,SBE Utilization Plan and the MBE,WBE,SBE Subcontractor's Letter of Intent MUST Accompany the Bid! MBE UTILIZATION Name of MBE and contact person: Business Phone Number: Email Address: Address: Description of Work,Services or Supplies to be provided: CONTRACT ITEM NO.: Total Dollar Amount Participation: Ifthe MBE participation will be counted towards the achievement of the SBE goal please indicate here: ❑ ❑ YES NO The MBE,WBE,SBE Utilization Plan and the MBE,WBE,SBE Subcontractor's Letter of Intent MUST Accompany the Bid! (Attach additional sheets as needed) The bidder should indicate on the Utilization Plan explicitly if the dollar amounts for the WBE participation will also be counted toward the achievement of its SBE participation. See Affinuative Action Ordinance, Revised Appendix D, Section 11, Counting MBE,WBE and SBE Participation towards Contract Goals.(a)(b)(c) WBE UTILIZATION Name of WBE and contact person: Business Phone Number: Email Address: Address: Description of Work,Services or Supplies to be provided: CONTRACT ITEM NO.: Total Dollar Amount Participation: If the WBE participation will be counted towards the achievement of the SBE goal please indicate here: ❑ ❑ YES NO The MBE,WBE,SBE Utilization Plan and the MBE,WBE,SBE Subcontractor's Letter of Intent MUST Accompany the Bid! WBE UTILIZATION Name of WBE and contact person: Business Phone Number: Email Address: Address: Description of Work,Services or Supplies to be provided: CONTRACT ITEM NO.: Total Dollar Amount Participation: If the WBE participation will be counted towards the achievement of the SBE goal please indicate here: ❑ ❑ YES NO The MBE,WBE,SBE Utilization Plan and the MBE,WBE,SBE Subcontractor's Letter of Intent MUST Accompany the Bid! WBE UTILIZATION Name of WBE and contact person: Business Phone Number: Email Address: Address: Description of Work,Services or Supplies to be provided: CONTRACT ITEM NO.: Total Dollar Amount Participation: Ifthe WBE participation will be counted towards the achievement of the SBE goal please indicate here: ❑ ❑ YES NO The MBE,WBE,SBE Utilization Plan and the MBE,WBE,SBE Subcontractor's Letter of Intent MUST Accompany the Bid! (Attach additional sheets as needed) SBE UTILIZATION Name of SBE and contact person: Business Phone Number: Email Address: Address: Description of Work,Services or Supplies to be provided: CONTRACT ITEM NO.: Total Dollar Amount Participation: The MBE,WBE,SBE Utilization Plan and the MBE,WBE,SBE Subcontractor's Letter of Intent MUST Accompany the Bid! SBE UTILIZATION Name of SBE and contact person: Business Phone Number: Email Address: Address: Description of Work,Services or Supplies to be provided: CONTRACT ITEM NO.: Total Dollar Amount Participation: The MBE,WBE,SBE Utilization Plan and the MBE,WBE,SBE Subcontractor's Letter ofIntent MUST Accompany the Bid! SBE UTILIZATION Name of SBE and contact person: Business Phone Number: Email Address: Address: Description of Work,Services or Supplies to be provided: CONTRACT ITEM NO.: Total Dollar Amount Participation: (Attach additional sheets as needed) SIGNATURE SECTION On Behalf of I/We hereby acknowledge that (name of company) I/WE have read Revised Appendix D, will comply with the provisions of Revised Appendix D,and intend to use the MBEs,WBEs,and SBEs listed above in the performance of this contract and/or have completed the Waiver Request Form. To the best of my knowledge, information and belief, the facts and representations contained in this Exhibit are true,and no material facts have been omitted. I do solemnly declare and affirm under penalties of perjury that the contents of the foregoing document are true and correct, and that I am authorized, on behalf of the bidder, to make this affidavit. Date Signature ofAuthorized officer ATTEST: Print name and title Secretary Phone number 1)The Bidder is required to sign and execute this pale, EVEN IF A WAIVER IS BEING REQUESTED. 2)Failure to do so will result in a nonresponsive bid and rejection of the bid. 3)If a waiver is requested, the bidder must also complete the following "WAIVER REQUEST FORM." Page Intentionally Left Blank WAIVER REQUEST FORM If a waiver is requested, the Bidder is required to sign and execute this page. Contract No. : Name of Bidder: Contact Person and Phone Number: With respect to the contract specified above, the Bidder hereby requests a total or partial waiver of the requirement that, pursuant to Section 12 (a) - (d) of the Affirmative Action Ordinance, Revised Appendix D, it files a MBE, WBE, SBE Utilization Plan or achieve a particular goal for MBE, WBE, SBE participation in the contract. The reasons for the request are as follows: On Behalf of I/We hereby acknowledge that (name of company) I/WE have read Affirmative Action Ordinance,Revised Appendix D,will comply with the provisions of Affirmative Action Ordinance, Revised Appendix D, and intend to use the MBEs, WBEs, and SBEs listed in the MBE, WBE, SBE Utilization Plan in the performance of this contract and have completed the Waiver Request Form. To the best of my knowledge, information and belief, the facts and representations contained in this Waiver Request Form are true,and no material facts have been omitted. I do solemnly declare and affirm under penalties of perjury that the contents of the foregoing document are true and correct,and that I am authorized,on behalf of the contractor,to make this affidavit. Date Signature ofAuthorized officer ATTEST: Print nanae and title SPCretary Phone number NOTE TO BIDDERS All Waiver requests are evaluated carefully by the District . The evaluation is based on your firm' s documented GOOD FAITH EFFORTS. The GOOD FAITH EFFORTS MUST be Undertaken PRIOR to your bid submittal to the District. Good Faith Efforts are identified on pp. D15-D16, Section 12 . Utilization Plan Submission (e) , (i) (i) - (xi) . Page Intentionally Left Blank MBE, WBE, SBE SUBCONTRACTOR'S LETTER OF INTENT To: (Name of Bidder) and the MWRDGC RE: Contract Name: (Insert Name) Contract Number: (Insert Number) From: (Name of MBE/WBE/SBE Firm) MBE: Yes No WBE: Yes No SBE: Yes No The MBE/WBE status of the undersigned is confirmed by the attached letter of Certification. A certification letter must be attached hereto. The undersigned is prepared to provide the following described services or supply the following described goods in connection with the above named project/contract: If more space is needed to fully describe the MBE/WBE/SBE firms' proposed scope of work and/or payment schedule, attach additional sheets. The above described performance is offered for the following total price: (Written in Figures) (Written in Words) In the event of a discrepancy between the "Written in Words" price and the "Written in Figures" price, the "Written in Words" price shall govern." The undersigned will enter into a formal written agreement for the above work with the Prime Contractor, conditioned upon the execution of a contract by the Prime contractor with the MWRDGC. (Signature of Owner, President or Authorized Agent of MBE/WBE/SBE) Name/Title (Print) Date Phone THIS SIGNED DOCUMENT MUST BE SUBMITTED WITH THE BID . FAILURE TO DO SO WILL RESULT IN A NONRESPONSIVE BID AND REJECTION OF THE BID . All bidders shall submit with the Bid, copies of MBE, WBE, SBE Subcontractor's Letter of Intent in paper form with signatures, which were furnished to each MBE, WBE, and SBE listed in its MBE,WBE, SBE Utilization Plan and must be submitted to the District with its bid as part of its bid packet with either a copy of each MBE,WBE,and SBE current Letter of Certification from a state or local government or agency or documentation demonstrating that the MBE, WBE, SBE is a MBE, WBE or SBE within the meaning of this Revised Appendix D. Failure to submit the MBE, WBE, SBE Subcontractor's Letter of Intent signed by each MBE, WBE, SBE subcontractor will be viewed as nonresponsive and the bid will be rejected. All MBE, WBE, SBE Subcontractor's Letter of Intent must conform to the MBE, WBE, SBE Utilization Plan submitted with the bid. An original or facsimile copy of MBE, WBE, SBE Subcontractor's Letter of Intent will be acceptable. EXHIBIT 6 APPENDIX V VETERAN-OWNED BUSINESS ENTERPRISE CONTRACTING POLICY REQUIREMENTS Section 1. Purpose The purpose of this policy is to increase contracting opportunities with the Metropolitan Water Reclamation District of Greater Chicago for veteran-owned and operated small business enterprises. Section 2. Definitions (a) "Eligible Veteran"means an individual who has been a member of the armed forces of the United States and served for a total of at least six months, or for the duration of hostilities regardless of the length of engagement; and a. was discharged on the basis of hardship; or b. was released from active duty because of a service connected disability; or c. was discharged under honorable conditions Former members of the military with the following type of discharges are excluded from the District's Veteran-owned Business Enterprise Contracting Policy: a. dishonorably discharged; or b. bad conduct discharge; or c. general discharge under other-than-honorable conditions (b) "Good Faith Efforts"means those honest, fair and commercially reasonable actions undertaken by a construction contractor or professional services consultant to meet the VBE goal,which by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the Policy's goals. (c) "Participating Business"means a business located within the counties of Cook, DuPage, Kane, Lake,McHenry or Will in the State of Illinois or Lake County in the State of Indiana which has the majority of its regular full-time work force located in this region and/or a business which has been placed on the District's vendor list and/or has bid or sought District contract(s)for construction or professional services work. (d) "Small Business Enterprise" (SBE)in this Appendix has the meaning consistent with Appendix D for construction contracts or Appendix A for professional services contracts, as applicable. (e) "Veteran-owned Business Enterprise" (VBE)means both a small business enterprise and participating business, including a sole proprietorship,partnership, corporation,limited liability company,joint venture or any other business or professional entity which is at least fifty-one(51%)directly and unconditionally owned by one or more eligible veterans, or, in the case of a publicly held corporation, at least fifty-one (51%)of the stock which is owned by one or more eligible veterans, and whose control and management of the business including long-term goals for the company as well as day-to-day operations are controlled by one or more eligible veterans. Section 3. Certification Eligibility (a) Only a firm owned by an Eligible Veteran(s)may be certified as a VBE. (i) Ownership by one or more Eligible Veterans must be direct ownership. (ii) A business or professional enterprise owned principally by another business entity that is in turn owned and controlled by one or more veterans would not qualify. (b) Only a firm that is managed and controlled by an Eligible Veteran(s) may be certified as a VBE. (c) For the purposes of this policy,there is no distinction between service-disabled(SDVBE) and non-service disabled veteran-owned businesses. Section 4. Contract Goals (a) The standard participation goal for VBEs is three-percent(3%), unless otherwise specified in the Invitation to Bid. The participation goals are applicable to District contracts where the estimated total expenditure is in excess of$100,000.00, or in a lesser amount as authorized by the Board of Commissioners. (b) VBE goals are separate from the Minority Business Enterprise (MBE), Women's Business Enterprise(WBE), and Small Business Enterprise(SBE) goals. (c) VBE contract goals will only be applied to a contract when there are at least two (2) qualified VBE contractors or professional services consultants registered on the District's vendor list to perform the anticipated subcontracting functions of the contract. (d) VBE goals are separate from Minority-owned Business Enterprise (MBE), Women-owned Business Enterprise (WBE) and Small Business Enterprise (SBE) goals. An Eligible Veteran who is also an MBE, WBE, or SBE may be dual-utilized to fulfill both goals. However, the three-percent (3%) VBE goal must be accomplished in addition to the M/W/SBE goals set forth in a contract. Section S. Good Faith Efforts The Contractor must undertake "Good Faith Efforts" to ensure that qualified VBE firms are utilized in the performance of the contract and provide maximum opportunities for VBE participation, notwithstanding the fact that the Contractor may have the capability to complete the project without the use of subcontractors. Section 6. VBE Commitment Form Submission Complete the VBE COMMITMENT FORM. (a) Provide the names, contact information and qualifications for the prospective VBE firms that you plan to use. Delineate the various anticipated categories and/or disciplines of work/services to be provided by VBE firms. (b) Summarize Contractor's or Consultant's commitment to comply with the VBE goals regarding this project. (c) Where a Contractor or Consultant is a business owned and controlled by a VBE or where the Contractor or Consultant utilizes a VBE in a joint venture or as a subcontractor, a Contractor or Consultant may count toward the achievement of its VBE goals the utilization of any VBE that also satisfies the definition of a SBE, as set forth in the Revised Appendix D or Appendix A, as applicable to construction or professional services contracts. Section 7. Effective Date This policy is effective on January 1, 2019, and applies only to qualifying contracts advertised after the effective date. RDB/MTC/PJS/ps Adopted by Order of the Board November 15,2018 EXHIBIT 7 VBE COMMITMENT FORM 1. Name of VBE: Identify MBE,WBE,SBE Status: Address: City,State,Zip Code: Contact Person: Telephone Number: eMail Address: Dollar Amount of Participation: $ Percent of Participation: % Scope of Work: 2. Name of VBE: Identify MBE,WBE,SBE Status: Address: City,State Zip Code: Contact Person: Telephone Number: eMail Address: Dollar Amount of Participation: $ Percent of Participation: % Scope of Work: 3. Name of VBE: Identify MBE,WBE,SBE Status: Address: City,State Zip Code: Contact Person: Telephone Number: entail Address: Dollar Amount of Participation: $ Percent of Participation: % Scope of Work: 4. Name of VBE: Identify MBE,WBE,SBE Status: Address: City,State,Zip Code: Contact Person: Telephone Number: eMail Address: Dollar Amount of Participation: $ Percent of Participation: % Scope of Work: Attach a copy of qualifications for each VBE firm EXHIBIT 8 AFFIDAVIT -AFFIRMATIVE ACTION STATUS REPORT Notice: This report is required to be submitted at 25%,50%,75%, and 100% completion of construction. Contract Title: Contract Number: Prime Contractor's Name: Prime's Contact Name: Estimated Completion Date: Prime's Contact Phone#: ( ) Status Report No.: 25% - 50% - 75% - 100% (CIRCLE ONE) In connection with the above-captioned contract: For each MBE, WBE, and SBE subcontractor, including third tier contracts awarded by your MBE/WBE/SBE company, describe the work or goods or services provided in relation to this contract (indicate line items, if applicable) performed during the report period. MBE,WBE,and SBE Subcontractor MBE/WBE AMOUNT OF CONTRACT AMOUNT PAID TO DATE /SBE DESCRIPTION OF WORK/SERVICES AND/OR GOODS PROVIDED. BE SPECIFIC. MBE,WBE,and SBE Subcontractor MBE/WBE AMOUNT OF CONTRACT AMOUNT PAID TO DATE /SBE DESCRIPTION OF WORK/SERVICES AND/OR GOODS PROVIDED. BE SPECIFIC. MBE,WBE,and SBE Subcontractor MBE/WBE AMOUNT OF CONTRACT AMOUNT PAID TO DATE /SBE DESCRIPTION OF WORK/SERVICES AND/OR GOODS PROVIDED. BE SPECIFIC. Page 2 of 2 MBE,WBE,and SBE Subcontractor MBE/WBE AMOUNT OF CONTRACT AMOUNT PAID TO DATE /SBE DESCRIPTION OF WORK/SERVICES AND/OR GOODS PROVIDED. BE SPECIFIC. MBE,WBE,and SBE Subcontractor MBE/WBE AMOUNT OF CONTRACT AMOUNT PAID TO DATE /SBE DESCRIPTION OF WORK/SERVICES AND/OR GOODS PROVIDED. BE SPECIFIC. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS DOCUMENT ARE TRUE AND CORRECT,AND THAT I AM AUTHORIZED TO MAKE THIS AFFIDAVIT. I CERTIFY THAT THE ABOVE NAMED FIRMS WERE AWARDED CONTRACT(S), PERFORMED THE WORK WITH THEIR OWN FORCES,AMOUNTS LISTED ARE ACCURATE AND PAYMENTS WERE MADE IN ACCORDANCE WITH CONTRACTUAL OBLIGATIONS. CANCELLED CHECKS AND/OR SUPPORTING INFORMATION WILL BE ON FILE FOR INSPECTION OR AUDIT. Name of Affiant: Title: Signature: (Signature of Affiant) Date: State of County(City) of This instrument was SUBSCRIBED and SWORN TO before me on Signature of Notary Public EXHIBIT 9 EXHIBIT 9:VILLAGE OF MOUNT PROSPECT OPERATIONS AND MAINTENNACE PLAN Burning Bush Trails Park Stormwater Improvements Operation and Maintenance Plan The Burning Bush Trails Park Stormwater Improvements Project includes construction of a 13.4 acre-feet detention storage area and a 54" diameter storm sewer to connect the detention area to an existing Village of Mount Prospect-owned storm sewer system tributary to the Des Plaines River via Levee 37 Pump Station 1. The purpose of the project is to reduce street and residential flooding in the adjacent neighborhood. Operations: The Burning Bush Trails Park detention area and storm sewer system is a passive system with no mechanical components.There is no operational plan. Maintenance: The following maintenance activities shall occur on an annual basis, unless otherwise indicated: a. Village staff shall open manhole lids in the system and perform a visual inspection of the storm sewer to check the condition of the manhole structures and look for excessive debris. If excessive debris or siltation is noted,the sewer shall be cleaned to maintain required capacity. b. Village staff shall perform visual inspections to check for erosion in the detention area. c. Village staff will also inspect detention area inflow structures, outflow structures, and underdrain systems for any blockages,failures, or obstructions. Any blockages shall be removed, and erosion shall be appropriately addressed. d. Whenever possible, Village staff shall check the condition of street inlets in the storm sewer system tributary to the improvements. Residents should be encouraged to keep inlets free of leaves, yard waste, debris, etc. The Village shall coordinate annual inspections with the Metropolitan Water Reclamation District of Greater Chicago (MWRDGC) in accordance with the intergovernmental agreement by and between the Village and MWRDGC. INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement (the "Agreement") is made and entered into by and between the Village of Mount Prospect ("Mount Prospect"), an Illinois municipal corporation and the River Trails Park District ("River Trails"), an Illinois municipal corporation (collectively "the Parties"). RECITALS WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate amongst themselves in any manner not prohibited by law or ordinance; and WHEREAS, the provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorize and encourage intergovernmental cooperation; and WHEREAS, the Parties are units of government within the meaning of the Constitution of the State of Illinois, 1970, Article VII, Section 10, having the power and authority to enter into an intergovernmental agreement; and WHEREAS, Mount Prospect seeks to reduce stormwater-induced flooding in residential neighborhoods by constructing detention facilities and other storm sewer improvements at and near Burning Bush Trails Park and Aspen Trails Park in order to improve the storage and conveyance capacity of the municipally-owned separate storm sewer system serving the area; and WHEREAS, River Trails owns, maintains and operates Burning Bush Trails Park located at 1313 North Burning Bush Lane, Mount Prospect, Illinois, and legally described as follows: The West 10 acres of the following tract of land: The North 315.9 feet of the South 449.4 feet of that part of the Northwest '/4 of Section 25, Township 42 North, Range 11 East of the 3rd Principal Meridian, lying West of the center line of River Road and also the North 210.6 feet of the South 40 rods of that part of the Northeast '/4 of Section 25, Township 42 North, Range 11, East of the 3rd Principal Meridian, lying West of the center line of River Road, all in Cook County, Illinois WHEREAS, River Trails owns, maintains and operates Aspen Trails Park located at 1814 East Maya Lane, Mount Prospect, Illinois, and legally described as follows: The East half of the South West quarter of Section 26, Township 42 North, Range 11, East of the Third Principal Meridian (except the West 38 acres of the West half thereof and (except the East 20 acres of the East half thereof) and (except that part thereof described as follows: commencing at the point of intersection of the East line of the premises above described with the South right-of-way line of Euclid Road for a point of beginning; running thence South a distance of 208.71 feet along said East line to a point; Page 1 of 13 running thence West along a line parallel with the South right-of-way line of Euclid Road a distance of 208.71 feet; and running thence North along a line parallel with the East line of the premises above described a distance of 208.71 feet to the South right-of-way line of said Euclid Road; thence East along the South right-of way line of said Euclid Road to the Place of beginning) and (excepting from the premises above described that part thereof falling within a 100 foot strip the center line of said strip being defined as follows: Beginning at the north West corner of the South East quarter of Section twenty seven (27); thence East along the North line of said South East quarter, a distance of five hundred fifty (550) feet to the point of curve; thence in a general Easterly direction along curved line tangent to said North line of the South East quarter convex to the Northerly and having a radius of twenty four thousand five hundred fifty five and thirty five one hundredths (24555.35) feet a distance of one thousand twenty eight and fifty seven one hundredths (1028.57) feet to a point of tangency; thence in a general Easterly direction along a straight line tangent to the last described curved line a distance of one hundred sixty five and three one hundredths (165.03) feet to a point of curve; thence in a general Easterly direction along curved line tangent to last described straight line convex to the Southerly and having a radius of twenty four thousand five hundred fifty five and thirty five one hundredths (24555.35) feet a distance of one thousand twenty eight and fifty seven one hundredths (1028.57) feet to a point of tangency; thence East along straight line tangent to last described curved line (said line being fifty (50) feet South of and parallel to the North line of the South West quarter of Section twenty six (26), Township fortytwo (42) North, Range eleven (11), East of the Third Principal Meridian), a distance of two thousand four, hundred eighty seven and eighty one one hundredths (2487.81) feet to a point in the East line of the South West quarter of Section twenty six (26); thence continuing East along straight line (being prolongation of last described straight line) said line being fifty (50) feet South of and parallel to the North line of the South East quarter of Section twenty six (26), a distance of one hundred thirty five and thirty one one hundredths (135.31) feet to a point of curve; thence in a general Easterly direction along curved line tangent to last described straight line convex to the Southerly and having a radius of twenty four thousand five hundred fifty five and thirty five one hundredths (24555.35) feet a distance of one thousand twenty eight and fifty seven one hundredths (1028.57) feet to a point of tangency; thence in a general Easterly direction along straight line tangent to the last described curved line, a distance one hundred sixty five and three one hundredths (165.03) feet to a point of curve; thence in a general Easterly direction along curved line tangent to last described straight line convex to the Northerly and having a radius of twenty four thousand five hundred fifty five and thirty five one hundredths (24555.35) feet, a distance of one thousand twenty eight and fifty seven one hundredths (1028.57) feet to a point in the North line of the South East quarter of Section twenty six (26), said point being two hundred eighty (280) feet West of the North East corner of the South East quarter of Section twenty six(26); thence East along straight line (being North line of the South East quarter of Section twenty six (26) aforesaid, the North line of the South West quarter and the North line of the South East quarter of Section twenty five (25), Township forty two (42) North, Range eleven (11), East of the Third Principal Meridian), tangent to last described curved line a distance of three thousand nine hundred twenty one and thirty three one hundredths (3921.33) feet to a point of curve; thence in a Page 2 of 13 general Easterly direction along curved line tangent to last described straight line convex to the Northerly and having a radius of two thousand eight hundred sixty four and ninety three one hundredths (2864.93)feet, a distance of six hundred thirty eight and twenty two one hundredths (638.22) feet to a point in Des Plaines River Road, said point being seventy one and fifteen one hundredths (71.15) feet Southerly of the North line of the South East quarter of Section twenty five (25) aforesaid (measured along Des Plaines River Road), in COOK COUNTY, ILLINOIS. WHEREAS, the River Trails Board and staff have expressed support for developing the Public Improvements in conjunction with planned Recreational Park Amenity Improvements at the referenced facilities; and WHEREAS, the costs for the proposed Improvements is estimated to be $9,472,778; and WHEREAS, Mount Prospect agrees to fund and River Trails agrees to allow Mount Prospect to construct said Public Improvements and Recreational Park Amenity Improvements in accordance with this Agreement. NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this Agreement, the Parties hereto agree as follows: Section 1. The above recitals are incorporated into this Agreement as if fully set forth herein. Section 2. " ,g= Section 2.1. "Public Improvements" for purposes of this Agreement shall mean those improvements which improve the storage and conveyance capacity of the municipally-owned storm sewer system serving the area, including, but not limited to, detention basins, underdrains, inflow and outflow structures, storm sewer pipe and other storm water conveyance and/or storage appurtenances. Section 2.2 "Recreational Park Amenity Improvements" for purposes of this Agreement shall mean improvements to recreational equipment and the layout and landscaping of the parks. Section 2.3. "Improvements" for purposes of this Agreement shall mean "Public Improvements" and "Recreational Park Amenity Improvements" referred to together. Section 3. Section 3.1. The Agreement will cover Improvements in Burning Bush Trails Park and Aspen Trails Park. Page 3 of 13 Section 3.2. The proposed Improvements are conceptually represented in Attachment A and made a part hereof. Section 3.3. The proposed Improvements to Burning Bush Trails Park shall include, but not be limited to the following: a. The Public Improvements shall include the detention basin, underdrains, inflow and outflow structures, storm sewer pipe, and other stormwater conveyance and/or storage appurtenances. b. The estimated cost to construct the proposed Improvements at Burning Bush Trails Park is $5,713,631. This sum includes a $1,845,000 estimate for Recreational Park Amenity Improvements and a $3,868,631 estimate for the Public Improvements. Mount Prospect will finance all of the Public Improvements. River Trails will initially finance the Recreation Park Amenity Improvements and will submit to Mount Prospect for reimbursement, the cost for all of the identified improvements minus the items identified in Section 3.3.c. and 5.2.h. c. Mount Prospect agrees to limit the total expenditures of River Trails to $250,000 plus the $400,000 OSLAD Grant funds for all capital improvements including Recreational Park Amenity Improvements and the Public Improvements. Mount Prospect shall be responsible for the balance of costs. d. The Recreational Park Amenity Improvements and Public Improvements shall be procured and constructed utilizing separate and distinct purchasing procedures. River Trails will complete independent public bidding procedures for the Recreational Park Amenity Improvements and Mount Prospect will complete independent public bidding procedures for the Public Improvements. Section 3.4. The proposed Public Improvements to Aspen Trails Park shall include, but not be limited to the following: a. The Public Improvements shall include the detention basin, underdrains, inflow and outflow structures, storm sewer pipe, and other stormwater conveyance and/or storage appurtenances. b. The estimated cost to construct the proposed Improvements at Aspen Trails Park is $5,600,000. This estimate includes a $550,000 estimate for the Recreational Park Amenity Improvements and a $5,050,000 estimate for the Public Improvements. c. The Recreational Park Amenity Improvements and Public Improvements shall be procured and constructed utilizing separate and distinct purchasing Page 4 of 13 procedures. River Trails will complete independent public bidding procedures for the Recreational Park Amenity Improvements and Mount Prospect will complete independent public bidding procedures for the Public Improvements. d. Mount Prospect shall fund the costs of the Improvements at Aspen Trails Park. Section 3. . Mount Prospect agrees that it shall provide River Trails with the ability to review and approve the plans and specifications for the construction of the Public Improvements and the Recreational Park Amenity Improvements provided for in this Section 2 of this Agreement and Mount Prospect shall conduct at least one public informational meeting regarding such plans. River Trails agrees it will review such plans and specifications within thirty(30)days of its receipt of same. If River Trails fails to review such plans and specifications within this 30-day time frame and advise Mount Prospect regarding its acceptance or rejection of such plans and specifications, such plans and specifications shall be deemed approved by River Trails. Approval of such plans and specifications shall not be unreasonably withheld. Plans and specifications for each of the two parks can be approved and constructed independently. Specifically, plans and specifications for Burning Bush Trails Park Improvements can be approved, and subsequently constructed, separately and prior to the plans and specifications for Aspen Trails Park. Section 4. Section 4.1. For Burning Bush Trails Park, the proposed construction of the Improvements is anticipated to commence in 2019. Substantial completion of the Improvements is anticipated by the end of the 2019 construction season. Section 4.2, For Aspen Trails Park, the design and development of the proposed Aspen Trails Park Improvements are anticipated to commence in 2019. Construction of proposed Improvements at Aspen Trails Park is anticipated to commence in 2020. Substantial completion of the proposed Improvements is anticipated by the end of the 2020 construction season. Section 4.3, Notwithstanding any unforeseen circumstances, Mount Prospect shall adhere to the best of its ability to the anticipated project schedule set forth herein. If deviation or revision of this schedule is necessary, Mount Prospect shall advise River Trails of the same and Mount Prospect and River Trails shall jointly accommodate any issues that may arise as a result of the deviation or revision in the schedule. Construction of the Improvements shall not commence until River Trails is satisfied that Mount Prospect has provided sufficient assurance and security to reasonably guarantee the design, construction and completion of all the Improvements according to the construction schedule. For illustration purposes only, sufficient security may include performance bonds posted by contractors, irrevocable letters of credit which can be drawn upon by both Mount Prospect and, if necessary, River Trails, or any other legally permissible assurance or security agreed to by the Parties. Further, all contractors performing work Page 5 of 13 on the Improvements shall warrant their work and such warranties shall extend to both Mount Prospect and River Trails. River Trails shall designate a representative for the Improvements project. The River Trails representative shall be invited and permitted to attend and participate in all design, pre-construction and construction progress meetings and shall be permitted to observe the construction work in progress during normal business hours. River Trails shall be copied on all project-related correspondence. .Section 4.4. If it is necessary to demolish any River Trails facilities in order to fully implement the approved plans, Mount Prospect shall be responsible for the cost of such demolition/site preparation. It is agreed that River Trails will be given reasonable notice which shall not be less than five (5) business days in advance of such action by Mount Prospect in the event River Trails desires to salvage any fixtures from the site. Section 4.5. It is agreed by both parties that if during the construction of the Improvements, or at any time prior to such construction, Mount Prospect discovers environmental contamination or hazardous materials on the River Trails property, Mount Prospect shall handle and dispose of such materials pursuant to State law and at its own expense. River Trails, as the owner of the parks, shall fully cooperate with Mount Prospect with regard to any environmental remediation. This includes, but is not limited to, execution of any documents regarding environmental remediation at the parks. Section 4.6. Mount Prospect shall be permitted reasonable access to Burning Bush Trails Park and Aspen Trails Park for the purpose of designing, constructing and maintaining the Improvements set forth in Section 2. Upon providing reasonable written notice, not less than five (5) business days, and receiving written approval from River Trails, Mount Prospect also shall be permitted, upon the same notice and provision terms, to access Burning Bush Trails Park and Aspen Trails Park for the purpose of performing soil borings and other due diligence testing as may reasonably be required by Mount Prospect. It shall be the responsibility of Mount Prospect to repair any damage to the parks resulting from such activity. Any such damage shall be repaired within 30 days or within a longer time frame as mutually agreed to by both Mount Prospect and River Trails and shall be performed to the unilateral satisfaction and approval of River Trails, such approval not being unreasonably withheld. Section 5. R21l gf the Parties. Section 5.1. For the proposed Improvements to Burning Bush Trails Park, Mount Prospect shall: a Assume sole and exclusive responsibility for the design of proposed Public Improvements. b. Agree and affirm full responsibility for the maintenance of the Public Improvements in perpetuity. Except for emergency situations, Mount Prospect shall provide no less than five (5) days advance written notice to River Trails Page 6 of 13 before beginning any work or maintenance on the Public Improvements. In the event of an emergency, if prior notice is not possible, Mount Prospect shall provide notice at the earliest reasonable opportunity. It is agreed that maintenance shall not include routine hardscape, turf, landscaping, lawn mowing or upkeep of athletic fields and appurtenances in the stormwater detention area(s). Any damage to the Public Improvements shall be reported to Mount Prospect by River Trails within a reasonable period of time after it is discovered by River Trails after which Mount Prospect shall be provided a reasonable period of time to make such repairs as are deemed necessary. c Mount Prospect and River Trails intend to install a well to irrigate drained athletic fields in the stormwater detention area(s). Mount Prospect will be responsible for installation, River Trails will be responsible for upkeep and maintenance of the well system. In the event well installation becomes infeasible, the detention area(s) will be irrigated by a new connection to the nearby Illinois American water distribution system. In this circumstance, Mount Prospect will install a separately metered water service connection for the irrigation system. Mount Prospect will be liable for the cost of water utilized to irrigate the drained athletic fields in detention area(s). Any requisite backflow testing of subject irrigation system is also the responsibility of Mount Prospect. d Procure and construct the Public Improvements. Section 5.2. For the proposed Improvements to Burning Bush Trails Park, River Trails shall: a. Assume sole and exclusive responsibility for the design of Recreational Park Amenity Improvements. b. Act as a professional consultant in the design of the Recreational Park Amenity Improvements located within the stormwater detention basin. c. Grant necessary easements to Mount Prospect, so that Mount Prospect may design, construct, and maintain the Public Improvements. d. Retain sole and exclusive responsibility for the maintenance and operation of Recreational Park Amenity Improvements as well as other hardscape, turf, and landscaping improvements. e. Procure and construct Recreational Park Amenity Improvements. f. The irrigation system maintenance and upkeep after installation will be the responsibility of River Trails. Page 7 of 13 g. Pursue a $400,000.00 OSLAD Grant to be used to offset the balance of the cost of the Recreational Park Amenity Improvements. h. Provide Special Recreation Funds for ADA compliance as needed with respect to the Recreational Park Amenity Improvements only not to exceed $35,000. Any additional ADA costs would be covered by Mount Prospect. Section 5.3. For the proposed Improvements to Aspen Trails Park, Mount Prospect shall: a Assume sole and exclusive responsibility for the design of proposed Public Improvements. Except for emergency situations, Mount Prospect shall provide no less than five (5) days advance written notice to River Trails before beginning any work or maintenance on the Public Improvements. In the event of an emergency, if prior notice is not possible, Mount Prospect shall provide notice at the earliest reasonable opportunity. It is agreed that maintenance shall not include routine hardscape, turf, landscaping and lawn mowing. Any damage to the Public Improvements shall be reported to Mount Prospect by River Trails within a reasonable period of time after it is discovered by River Trails after which Mount Prospect shall be provided a reasonable period of time to make such repairs as are deemed necessary. b. Agree and affirm responsibility for the maintenance of the Public Improvements in perpetuity. c If the design warrants, Mount Prospect and River Trails intend to install a well to irrigate drained athletic fields in the stormwater detention area(s). Mount Prospect will be responsible for installation, River Trails will be responsible for upkeep and maintenance of the well system. In the event well installation becomes infeasible, the detention area(s)will be irrigated by a new connection to the nearby Illinois American water distribution system. In this circumstance, Mount Prospect will install a separately metered water service connection for the irrigation system. . Mount Prospect will be liable for the cost of water utilized to irrigate the drained athletic fields in detention area(s). Any requisite backflow testing of subject irrigation system is also the responsibility of Mount Prospect. d Procure and construct the Public Improvements. e Organize and host community meetings regarding the Aspen Trails Public Improvements project. Section 5.4. For the proposed improvements to Aspen Trails Park, River Trails shall: Page 8 of 13 a. Assume sole and exclusive responsibility for the design of Recreational Park Amenity Improvements. The design of the Recreational Park Amenity Improvements shall be included in the construction costs covered by Mount Prospect. b. Grant necessary easements to Mount Prospect, so that Mount Prospect may design, construct, and maintain the Public Improvements. c. Retain sole and exclusive responsibility for the maintenance and operation of Recreational Park Amenity Improvements as well as other hardscape, turf, and landscaping improvements. d. Procure and construct the Recreational Park Amenity Improvements which shall be funded by Mount Prospect per Section 3.4.d. e. The irrigation system maintenance and upkeep after installation will be the responsibility of River Trails. f. Attend and participate in community meetings regarding the Aspen Trails Public Improvements project organized and hosted by Mount Prospect. Section 5.5. If at any time after construction of any of the Public Improvements, River Trails desires to make modifications to existing facilities or install additional facilities on River Trails property for which Mount Prospect has been granted a permanent easement under this Agreement, River Trails shall provide Mount Prospect prior notice of such modification prior to any work being conducted. Similarly, if at any time after construction of any of the Public Improvements, Mount Prospect desires to make modifications to existing facilities or install additional facilities in the same area of the easement, notice shall be provided to River Trails prior to any work being constructed. It is agreed by both Parties that neither Mount Prospect nor River Trails will construct or modify any improvements in a manner that will interfere with the operation or maintenance of the Improvements. Section 5.6. Each of the parties is a key stakeholder that will be included throughout the process and will have the ability to provide input in the project decisions. Section 6. Section 6.1. This Agreement shall be interpreted under, and governed by, the laws of the State of Illinois, without regard to conflicts of laws principles. Any claim, suit, action, or proceeding brought in connection with this Agreement shall be in the Circuit Court of Cook County, Illinois. Section 6. . This Agreement may not be altered, modified or amended except by a written instrument signed by all Parties. Provided, however, the Parties agree that provisions required to be inserted in this Agreement by laws, ordinances, rules, Page 9 of 13 regulations or executive orders are deemed inserted whether or not they appear in this Agreement and that in no event will the failure to insert such provisions prevent the enforcement of this Agreement. Section 6.3. Unless otherwise specified, any notices, demands or requests required under this Agreement must be given in writing at the addresses set forth below by any of the following means: personal service, overnight courier or first class mail. Section 6.4. River Trails shall retain specific authority to withdraw support for the proposed Public Improvements at Aspen Trails Park or deny access to Aspen Trails Park property for the purposes of constructing proposed Public Improvements in the event its governing board expressly determines there is insufficient constituency support. Section 6.5. At all times while this Agreement remains in effect, each party shall procure adequate insurance and/or self-insurance to protect itself, its officers, employees and agents from any liability for bodily injury, death, and property damage in connection with the Improvements covered by this Agreement. The limits of liability for the insurance required shall provide coverage for not less than the following amounts, or greater where required by law: 6.5.a. Comprehensive general liability,with a general aggregate of$5,000,000.00 and $1,000,000.00 for each occurrence. 6.5.b. Workman's compensation insurance in accordance with the provisions of the laws of the State of Illinois, including occupational disease provisions, for all applicable employees pursuant to this Agreement. 6.5.c. Comprehensive automobile liability, with coverage to include all owned, hired, non-owned vehicles, and/or trailers and other equipment required to be licensed, covering personal injury, bodily injury and property damage, with a combined single limit coverage of$1,000,000.00. 6.5.d. Each Party and its officers,employees and agents shall be named as additional non-contributory co-insureds on all of the other Party's insurance policies, except Workman's Compensation, during the entire term of this Agreement. Said policies shall not be allowed to expire or be cancelled, nor shall said coverages be reduced, without fourteen (14) days prior written notice to the other Party. 6.5.e. Each Party understands and agrees that any insurance protection required by this Agreement or otherwise provided by that Party, shall in no way limit the responsibility to indemnify, keep and save harmless, and defend the other Party and its officers, employees and agents as herein provided. 6.5.f. Each Party shall require any contractor performing any work on Property subject to this Agreement to carry liability insurance and name the other Party Page 10 of 13 as an additional non-contributory co-insured under such policies. The first Party shall furnish copies of certificates of insurance evidencing coverage for any contractor performing any such work to the otherParty. Section 6.6. Mount Prospect may in its sole discretion and prior to the construction of any Public Improvements declare this Agreement null and void by sending the appropriate notice hereunder. River Trails may in its discretion, and prior to Mount Prospect incurring the costs for design of the Recreational Park Amenity, Improvements declare this Agreement null and void by sending the appropriate notice hereunder. Section 6.7. This Agreement represents the entire agreement between the Parties and supersedes all prior agreements, covenants, arrangements, understandings, communications, representations or warranties whether oral or written by any officer, representative, agent or employee of either Mount Prospect or River Trails as relates to these Improvements. This Agreement shall inure to the benefit of all successors and assigns of the parties hereto. TO THE VILLAGE OF MOUNT PROSPECT; Michael J. Cassady Village Manager Village of Mount Prospect 50 South Emerson Street Mount Prospect, Illinois 60056 TO THE RIVER TRAILS PARK DISTRICT: Bret Fahnstrom Executive Director River Trails Park District 401 East Camp McDonald Road Prospect Heights, Illinois 60070 Section 6.8 Mount Prospect shall indemnify, hold harmless and defend River Trails and its officers,employees and agents for and against all injuries,deaths,losses,damages, including property damage, claims, suits, liabilities, judgments, costs and expenses, including reasonable attorneys'fees, which may in any way accrue against River Trails and its officers, employees and agents as a consequence of the acts or omissions of Mount Prospect's officers, employees, agents and independent contractors pursuant to this Agreement, and Mount Prospect shall, at its own expense, appear, defend and pay all charges of attorneys' fees and costs and other expenses. River Trails shall indemnify, hold harmless and defend Mount Prospect and its officers, employees and agents for and against all injuries, deaths, losses, damages, including property damages, claims, suits, liabilities, judgments, costs and expenses, including reasonable attomeys' fees, which may in any way accrue against Mount Prospect and its officers, employees and agents as a consequence of the acts or omissions of River Trail's officers, employees, agents and independent contractors pursuant to this Page 11 of 13 Agreement, and River Trails shall, at its own expense, appear, defend and pay all charges of attorneys'fees and costs and otherexpenses. A Party shall provide notice to the other Party pursuant to Section 6.7 of this Agreement in the event that any person or entity shall in any way provide notice to the Party of any claim or demand pursuant to this Agreement from which the other Party shall be obligated to indemnify, hold harmless and defend the Party pursuant tothis Section. Nothing in this Agreement shall be construed as prohibiting Mount Prospect or River Trails, and their officers, employees and agents from defending, through the selection and use of their own agents, attorneys and experts, any claims, actions or suits brought against them arising out of the performance of this Agreement. Section 6.9. This Agreement constitutes the entire agreement between the Parties, merges all discussion between them and supersedes and replaces any and every other prior or contemporaneous agreement, negotiation, understanding, commitments and writing with respect to such subject matter hereof. This Agreement sets forth the Parties' understanding as to how the Im rovements described herein will be carried out. going forward It should not be construed as irrevocably committing Parties to undertakin and completing the Improvements, Notwithstanding anything to the contrary above, should Mount Prospect decide to terminate this Agreement at any time after work on the proposed Public Improvements has begun, Mount Prospect agrees to repair/replace/restore Burning Bush Trails Park and/or Aspen Trails Park to the same condition as they existed prior to the start of work on the Public Improvements. The cost of such repair/replacement/restoration work shall be paid for by and be the sole responsibility of Mount Prospect. Page 12 of 13 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective officials on the dates as shown. 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