General
Regular MeetingLincolnwood, IL · January 29, 2019
Agenda
VILLAGE OF LINCOLNWOOD
PRESIDENT AND BOARD OF TRUSTEES
REGULAR MEETING
VILLAGE HALL COUNCIL CHAMBERS
7:30 PM, JANUARY 15, 2019
AGENDA
I. Call to Order
II. Pledge to the Flag
III. Roll Call
IV. Warrant Approval
1. Warrant List
V. Village President’s Report
1. Approval of a Resolution Consenting to the Village President's Appointment of Anna Marie
Gaura as the Village Manager and Approving a Village Manager Employment Agreement
VI. Consent Agenda (If anyone wishes to speak to any matter on the Consent Agenda, a Speaker’s
Request Form must be completed, presented to the Interim Village Manager, and the matter will be
removed from the Consent Agenda and added to Regular Business.)
1. Approval of a Resolution Authorizing the Execution of a NonExclusive License Agreement with
Buchanan Energy (N), LLC, Owner of 6401 N. Cicero Avenue (Appears on Consent Agenda
Because it is a Routine Function of Government)
2. Approval of the Following Items Pertaining to the Standpipe Rehabilitation Project: A) A
Resolution Approving a Contract with Era Valdivia Contractors, Inc. of Chicago, Illinois in the
Amount of $860,100; and B) An Ordinance Waiving the Competitive Bidding Process and
Approving an Agreement with Christopher B. Burke Engineering, Ltd. of Rosemont, Illinois in
the Amount of $37,400 for Construction Oversight Services (Item Appears on the Consent
Agenda Because it is a Routine Function of Government)
3. Approval of a Resolution Approving an Economic Incentive Agreement By and Between the
Village and Loeber Motors, for the Property at 7101 and 7125 North Lincoln Avenue (Appears on
Consent Agenda Because it was Approved at a Previous Village Board Meeting)
VII. Regular Business
VIII. Manager’s Report
1. Freedom of Information Report
IX. Board, Commission, and Committee Reports
X. Village Clerk’s Report
XI. Trustee Report
XII. Closed Session
Closed Session is Requested to Discuss Probable or Imminent Litigation Per Section 2(c)(11)
XIII. Public Forum
XIV. Adjournment
DATE POSTED: January 11, 2019
All Village Board meetings are broadcast live to residents on Comcast Cable Channel 6, AT&T UVERSE
Channel 99, RCN Channel 49, and online at Lincolnwood.tv at 7:30 p.m. Rebroadcasts of Village Board
meetings can be viewed one week following the live broadcast at 1:00 p.m. and 7:30 p.m. on cable television or
online at lwdtv.org or on the Lincolnwood Mobile App.
Packet
VILLAGE OF LINCOLNWOOD
PRESIDENT AND BOARD OF TRUSTEES
REGULAR MEETING
VILLAGE HALL COUNCIL CHAMBERS
7:30 PM, JANUARY 15, 2019
AGENDA
I. Call to Order
II. Pledge to the Flag
III. Roll Call
IV. Warrant Approval
1. Warrant List
V. Village President’s Report
1. Approval of a Resolution Consenting to the Village President's Appointment of Anna Marie
Gaura as the Village Manager and Approving a Village Manager Employment Agreement
VI. Consent Agenda (If anyone wishes to speak to any matter on the Consent Agenda, a Speaker’s
Request Form must be completed, presented to the Interim Village Manager, and the matter will be
removed from the Consent Agenda and added to Regular Business.)
1. Approval of a Resolution Authorizing the Execution of a NonExclusive License Agreement with
Buchanan Energy (N), LLC, Owner of 6401 N. Cicero Avenue (Appears on Consent Agenda
Because it is a Routine Function of Government)
2. Approval of the Following Items Pertaining to the Standpipe Rehabilitation Project: A) A
Resolution Approving a Contract with Era Valdivia Contractors, Inc. of Chicago, Illinois in the
Amount of $860,100; and B) An Ordinance Waiving the Competitive Bidding Process and
Approving an Agreement with Christopher B. Burke Engineering, Ltd. of Rosemont, Illinois in
the Amount of $37,400 for Construction Oversight Services (Item Appears on the Consent
Agenda Because it is a Routine Function of Government)
3. Approval of a Resolution Approving an Economic Incentive Agreement By and Between the
Village and Loeber Motors, for the Property at 7101 and 7125 North Lincoln Avenue (Appears on
Consent Agenda Because it was Approved at a Previous Village Board Meeting)
VII. Regular Business
VIII. Manager’s Report
1. Freedom of Information Report
IX. Board, Commission, and Committee Reports
X. Village Clerk’s Report
XI. Trustee Report
XII. Closed Session
Closed Session is Requested to Discuss Probable or Imminent Litigation Per Section 2(c)(11)
XIII. Public Forum
XIV. Adjournment
DATE POSTED: January 11, 2019
All Village Board meetings are broadcast live to residents on Comcast Cable Channel 6, AT&T UVERSE
Channel 99, RCN Channel 49, and online at Lincolnwood.tv at 7:30 p.m. Rebroadcasts of Village Board
meetings can be viewed one week following the live broadcast at 1:00 p.m. and 7:30 p.m. on cable television or
online at lwdtv.org or on the Lincolnwood Mobile App.
TO: President and the Board of Trustees
FROM: Robert J. Merkel, Interim Village Manager
SUBJECT: Warrant Approval
DATE: January 11, 2019
The following are the totals for the List of Bills being presented
at the January 15th Village Board meeting.
01/15/2019 423,768.77
01/15/2019 81,106.27
01/15/2019 18,737.97
01/15/2019 81,373.86
Total $ 604,986.87
Accounts Payable
To Be Paid Proof List
User: jmazzeffi
Printed: 01/07/2019 - 10:15AM
Batch: 00200.01.2019
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
Active Electrical Supply Co. Inc. & Fox Lighting
ACTIVELE
10525851-01 10/22/2018 279.00 0.00 01/15/2019
101-440-513-5290 Street lights & traffic signal Utility gloves for Streets
10525851-01 Total: 279.00
10526336-00 10/22/2018 329.94 0.00 01/15/2019
101-440-513-5290 Street lights & traffic signal LED lights for Streets
10526336-00 Total: 329.94
10528968-00 12/18/2018 58.68 0.00 01/15/2019
101-420-511-5405 R&M - buildings Switch for heaters/PW
10528968-00 Total: 58.68
Active Electrical Supply C 667.62
Anderson Pest Solutions
ANDERP
5053707 1/1/2019 292.06 0.00 01/15/2019
101-420-511-5405 R&M - buildings Pest control services for Village Of Lincolnwood
5053707 Total: 292.06
Anderson Pest Solutions To 292.06
Best Quality Cleaning, Inc.
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 1
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
BESTQU
27170 12/20/2018 2,813.34 0.00 01/15/2019
101-420-511-5240 Janitorial Cleaning Services/December 2018
27170 12/20/2018 416.66 0.00 01/15/2019
205-571-515-5240 Janitorial Cleaning Services/December 2018
27170 Total: 3,230.00
Best Quality Cleaning, Inc. 3,230.00
Business Only Broadband
BUSONLY
91102 1/1/2019 250.00 0.00 01/15/2019
101-250-511-5580 Telephone Back up connection - Internet Access
91102 Total: 250.00
91103 1/1/2019 250.00 0.00 01/15/2019
101-250-511-5580 Telephone Wireless Alarm - Internet Access
91103 Total: 250.00
Business Only Broadband 500.00
C and N Lawnmower Repair
CANDN
9084 8/7/2019 579.21 0.00 01/15/2019
205-430-515-5745 Small tools Edger, spring for Parks
9084 Total: 579.21
9341 9/19/2019 129.00 0.00 01/15/2019
205-430-515-5745 Small tools Tire, sprayer for Parks
9341 Total: 129.00
C and N Lawnmower Repa 708.21
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 2
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
Call One
CALLONE
1129134 12/15/2018 1,518.69 0.00 01/15/2019
101-210-511-5580 Telephone Telephone - Admin/Police
1129134 Total: 1,518.69
1129136 12/15/2018 560.80 0.00 01/15/2019
101-210-511-5580 Telephone Telephone - NORCOM
1129136 Total: 560.80
1129137 12/15/2018 42.47 0.00 01/15/2019
101-210-511-5580 Telephone Telephone - Aquatic Center
1129137 Total: 42.47
112914 12/15/2018 48.56 0.00 01/15/2019
660-610-519-5580 Telephone Telephone - Pump House
112914 Total: 48.56
1129140 12/15/2018 45.67 0.00 01/15/2019
660-610-519-5580 Telephone Telephone - Public Works
1129140 Total: 45.67
1129143 12/15/2018 527.42 0.00 01/15/2019
101-210-511-5580 Telephone Telephone - Municipal Center
1129143 Total: 527.42
96780016416 12/15/2018 490.66 0.00 01/15/2019
101-210-511-5580 Telephone Telephone - PRI Data
96780016416 Total: 490.66
Call One Total: 3,234.27
CDW Government
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 3
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
CDWGOV
PLD5298 10/1/2018 2,749.60 0.00 01/15/2019
101-250-511-5340 Maintenance Agreement Expen Veeam Back-up Essentials Enterprise for Vmware - CPU Sockets
PLD5298 10/1/2018 680.60 0.00 01/15/2019
101-250-511-5340 Maintenance Agreement Expen Veeam Standard Support for Veeam Essentials Enterprise
PLD5298 10/1/2018 465.64 0.00 01/15/2019
101-250-511-5340 Maintenance Agreement Expen Veeam Standard Support - Technical Support(renewal) for Veeam Ba
PLD5298 Total: 3,895.84
PLG2100 10/2/2018 1,185.72 0.00 01/15/2019
101-250-511-5340 Maintenance Agreement Expen Veeam Standard Support - Reactivation for Veeam Backup
PLG2100 10/2/2018 1,740.75 0.00 01/15/2019
101-250-511-5340 Maintenance Agreement Expen Veam Standard Support - for Veeam Backup Essentials
PLG2100 10/2/2018 2,042.40 0.00 01/15/2019
101-250-511-5340 Maintenance Agreement Expen Veeam Backup Essentials Enterprise for Vmware - Product Upgrade
PLG2100 Total: 4,968.87
PLK0119 10/2/2018 870.55 0.00 01/15/2019
101-300-512-5640 Computer supplies Magicard printer
PLK0119 10/2/2018 870.55 0.00 01/15/2019
205-500-515-5700 Office supplies Magicard printer
PLK0119 Total: 1,741.10
CDW Government Total: 10,605.81
Chicagoland Paving Contractors, Inc.
CHICAGO
171505-F 12/12/2018 7,784.98 0.00 01/15/2019
217-000-561-6100 Land acquisition & improveme UP Parking lot pay request #5-Final
171505-F Total: 7,784.98
189901-F 12/6/2018 54,496.50 0.00 01/15/2019
220-000-561-6310 Land Acq and Improvment 2018 Alley improvement final payment
189901-F Total: 54,496.50
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 4
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
Chicagoland Paving Contra 62,281.48
City Welding Sales & Services
CITYWELD
65281 12/21/2018 700.30 0.00 01/15/2019
101-420-511-5405 R&M - buildings Welding curtains for Buildings
65281 Total: 700.30
City Welding Sales & Serv 700.30
Classic Design Awards
CLASSICD
181645 12/31/2018 29.15 0.00 01/15/2019
101-100-511-5799 Other materials & supplies Name plate for Traffic Commission
181645 Total: 29.15
Classic Design Awards Tot 29.15
ClientFirst Consulting Group, LLC
CLIENTFI
9528 11/30/2018 10,845.00 0.00 01/15/2019
101-250-511-6530 Equipment - data processing IT Support
9528 Total: 10,845.00
9529 11/30/2018 340.00 0.00 01/15/2019
101-000-210-2650 Contractor Permits Payable IT Support/Community Development
9529 Total: 340.00
9530 11/30/2018 315.00 0.00 01/15/2019
660-620-519-5320 Consulting IT Support/Public Works
9530 Total: 315.00
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 5
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
9531 11/30/2018 885.00 0.00 01/15/2019
101-250-511-6530 Equipment - data processing IT Support/PC Replacement
9531 Total: 885.00
9532 11/30/2018 100.00 0.00 01/15/2019
101-250-511-5330 Data processing IT Support/Club Kid laptop
9532 Total: 100.00
9533 11/30/2018 980.00 0.00 01/15/2019
101-250-511-5320 Consulting IT Support/Strategic Plan
9533 Total: 980.00
9535 11/30/2018 545.00 0.00 01/15/2019
101-250-511-5320 Consulting IT Support/PD
9535 Total: 545.00
9536 11/30/2018 4,370.00 0.00 01/15/2019
101-250-511-5320 Consulting IT Support/PD Squads on Domain
9536 Total: 4,370.00
9537 11/30/2018 2,070.00 0.00 01/15/2019
101-250-511-6530 Equipment - data processing IT Support/SAN Replacement VH
9537 Total: 2,070.00
ClientFirst Consulting Gro 20,450.00
De Lange Landen Financial Services
DELANGE
61799937 12/18/2018 89.92 0.00 01/15/2019
205-571-515-5730 Program supplies Community Center copier - November 2018
61799937 Total: 89.92
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 6
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
De Lange Landen Financia 89.92
Dell Marketing, L.P
DELLMARK
10286996839 12/14/2018 2,053.71 0.00 01/15/2019
101-410-511-5730 Program supplies Toughbooks for Vehicle maintenance division
10286996839 Total: 2,053.71
Dell Marketing, L.P Total: 2,053.71
EC Link
ECLINK
12720 12/18/2018 350.00 0.00 01/15/2019
101-250-511-5340 Maintenance Agreement Expen EC link for upgrade to internet
12720 Total: 350.00
EC Link Total: 350.00
Emcor Services Team Mechanical Inc
EMCOR
930012171 12/14/2018 514.78 0.00 01/15/2019
101-420-511-5405 R&M - buildings Fix heat at Village Hall
930012171 Total: 514.78
Emcor Services Team Mec 514.78
Faddis, Michael
FADDIS
18-9032 9/7/2018 72.50 0.00 01/15/2019
101-400-511-5210 Animal control Animal control services
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 7
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
18-9032 Total: 72.50
Faddis, Michael Total: 72.50
FGM Architects
FGM
14-1815.02-9 12/13/2018 3,517.95 0.00 01/15/2019
217-000-561-5340 Engineering Professional services for PW yard expansion oversight
14-1815.02-9 Total: 3,517.95
FGM Architects Total: 3,517.95
General Code, LLC
GENERAL
PG000017074 12/14/2018 1,921.02 0.00 01/15/2019
101-250-511-5340 Maintenance Agreement Expen Code analysis and supplement No 41
PG000017074 Total: 1,921.02
General Code, LLC Total: 1,921.02
Golf Mill Ford
GOLFMILL
765827 12/13/2018 254.72 0.00 01/15/2019
101-300-512-5480 R&M - vehicles Repairs to Squad #210
765827 Total: 254.72
Golf Mill Ford Total: 254.72
HMO Healthcare Service Corporation
HMO
January 2019 12/17/2018 1,462.11 0.00 01/15/2019
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 8
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
102-000-210-2027 Health insurance premium with Employee Health Insurance/January
January 2019 Total: 1,462.11
HMO Healthcare Service C 1,462.11
Home Depot Credit Services
HOMEDEPO
009141/7062472 8/9/2018 28.60 0.00 01/15/2019
101-420-511-5405 R&M - buildings Elbow for PD door
009141/7062472 Total: 28.60
009362/7073420 8/9/2018 42.67 0.00 01/15/2019
101-420-511-5405 R&M - buildings Fuse, brass adapter for Village Hall
009362/7073420 Total: 42.67
011686/4060272 9/11/2018 183.76 0.00 01/15/2019
205-560-515-5630 Chemicals - swimming pool Chlorine for Pool
011686/4060272 Total: 183.76
012983/2071655 11/12/2018 522.14 0.00 01/15/2019
205-430-515-5730 Program supplies Holiday lights
012983/2071655 Total: 522.14
017793/8074424 10/17/2018 11.46 0.00 01/15/2019
101-420-511-5405 R&M - buildings Drywall for PD
017793/8074424 Total: 11.46
017972/8623361 10/17/2018 1,155.88 0.00 01/15/2019
205-430-515-5730 Program supplies Holiday lights
017972/8623361 Total: 1,155.88
02708-07012001 11/27/2018 18.94 0.00 01/15/2019
101-420-511-5405 R&M - buildings Burlap for Beautification
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 9
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
02708-07012001 Total: 18.94
Home Depot Credit Servic 1,963.45
IL Municipal Retirement Fund
ZZIMRF
Dec-18 12/31/2018 32,053.13 0.00 01/15/2019
102-000-210-2023 Employee IMRF withholding Monthly Employer - Dec 18
Dec-18 12/31/2018 14,089.57 0.00 01/15/2019
102-000-210-2023 Employee IMRF withholding Monthly Employee - Dec 18
Dec-18 Total: 46,142.70
IL Municipal Retirement F 46,142.70
Illinois City/County Management Association
ILCMA
1418 9/11/2018 50.00 0.00 01/15/2019
101-200-511-5510 Advertising Job ad posting
1418 Total: 50.00
Illinois City/County Manag 50.00
IRMA
IRMA
IVC0010984 11/30/2018 15.00 0.00 01/15/2019
101-210-511-5260 Liability insurance IVC0010984
IVC0010984 Total: 15.00
SALES0017149 11/30/2018 4,150.43 0.00 01/15/2019
101-210-511-5260 Liability insurance November Deductible
SALES0017149 Total: 4,150.43
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 10
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
IRMA Total: 4,165.43
Jake the Striper
JAKETHES
16312 12/17/2018 275.00 0.00 01/15/2019
101-300-512-5480 R&M - vehicles Removed graphics from vehicle 214
16312 Total: 275.00
16314 12/17/2018 1,170.00 0.00 01/15/2019
101-000-210-2440 DUI Fines Fund Chevrons added to backs of vehicles
16314 Total: 1,170.00
16315 12/17/2018 100.00 0.00 01/15/2019
101-300-512-5480 R&M - vehicles Replaced unit number 212
16315 Total: 100.00
Jake the Striper Total: 1,545.00
JCK Contractors
JCKCONT
23467 12/22/2018 355.00 0.00 01/15/2019
101-440-513-5599 Other Contractual 1 load of top soil
23467 Total: 355.00
JCK Contractors Total: 355.00
L3 Communications Mobile Vision, Inc.
L3COMM
0338487-IN 12/18/2018 1,865.00 0.00 01/15/2019
101-300-512-5410 R&M - communications equipm Mobile Vision server maintenance
0338487-IN Total: 1,865.00
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 11
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
L3 Communications Mobil 1,865.00
Lawson Products Inc
LAWSNPRO
9306347005 12/13/2018 165.88 0.00 01/15/2019
101-410-511-5730 Program supplies Shop supples
9306347005 Total: 165.88
9306357937 12/18/2018 35.92 0.00 01/15/2019
101-410-511-5730 Program supplies Shop supples
9306357937 Total: 35.92
Lawson Products Inc Total 201.80
Lazar, Mark
LAZAR
8152-000 1/2/2019 15.30 0.00 01/15/2019
660-000-110-1230 Water customer receivables Refund overpayment on closed water account
8152-000 Total: 15.30
Lazar, Mark Total: 15.30
Lowe's Business Acc/GECF
LOWES
01044 12/20/2018 542.42 0.00 01/15/2019
101-420-511-5745 Small Tools Battery kit, cutting rotary, tool, multi tool kit
01044 Total: 542.42
02050 12/11/2018 56.99 0.00 01/15/2019
101-420-511-5405 R&M - buildings Space heater
02050 Total: 56.99
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 12
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
02377 12/17/2018 120.30 0.00 01/15/2019
101-420-511-5405 R&M - buildings Extension cord, electrical tape, gounding plug
02377 Total: 120.30
02459 12/18/2018 2.76 0.00 01/15/2019
101-420-511-5405 R&M - buildings Light switch
02459 Total: 2.76
02686 12/27/2018 81.86 0.00 01/15/2019
101-440-513-5730 Program supplies Plywood, wallboard square
02686 Total: 81.86
02755 12/28/2018 16.69 0.00 01/15/2019
101-420-511-5405 R&M - buildings Extension tube, plastic p-trap
02755 Total: 16.69
02766 12/28/2018 -16.69 0.00 01/15/2019
101-420-511-5405 R&M - buildings Plastic p-trap, extension tube
02766 Total: -16.69
02768 12/28/2018 6.20 0.00 01/15/2019
101-420-511-5405 R&M - buildings Plastic p-trap, extension tube
02768 Total: 6.20
02882 12/31/2018 152.75 0.00 01/15/2019
101-420-511-5405 R&M - buildings Marking wand, broom, nozzle
02882 Total: 152.75
06433 12/27/2018 2.85 0.00 01/15/2019
101-420-511-5405 R&M - buildings Light switch
06433 Total: 2.85
08259 12/18/2018 15.15 0.00 01/15/2019
101-420-511-5405 R&M - buildings Floor cleaner, spray bottle, mop
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 13
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
08259 Total: 15.15
Lowe's Business Acc/GEC 981.28
Madison National Life
MADISON
1325598 12/17/2018 67.32 0.00 01/15/2019
101-200-511-5150 Insurance - group life & AD&D Life insurance - December
1325598 12/17/2018 103.76 0.00 01/15/2019
101-210-511-5150 Insurance - group life & AD&D Life insurance - December
1325598 12/17/2018 68.29 0.00 01/15/2019
101-240-517-5150 Insurance - group life & AD&D Life insurance - December
1325598 12/17/2018 799.55 0.00 01/15/2019
101-300-512-5150 Insurance - group life & AD&D Life insurance - December
1325598 12/17/2018 9.35 0.00 01/15/2019
101-350-512-5150 Insurance - group life & AD&D Life insurance - December
1325598 12/17/2018 28.05 0.00 01/15/2019
101-400-511-5150 Insurance - group life & AD&D Life insurance - December
1325598 12/17/2018 18.70 0.00 01/15/2019
101-410-511-5150 Insurance - group life & AD&D Life insurance - December
1325598 12/17/2018 56.10 0.00 01/15/2019
101-440-513-5150 Insurance - group life & AD&D Life insurance - December
1325598 12/17/2018 65.45 0.00 01/15/2019
205-430-515-5150 Insurance - group life & AD&D Life insurance - December
1325598 12/17/2018 46.75 0.00 01/15/2019
205-500-515-5150 Insurance - group life & AD&D Life insurance - December
1325598 12/17/2018 65.45 0.00 01/15/2019
660-620-519-5150 Insurance - group life & AD&D Life insurance - December
1325598 Total: 1,328.77
Madison National Life Tot 1,328.77
Maine-Niles Association of Special Recreation
MNASR
16-589 12/17/2018 341.12 0.00 01/15/2019
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 14
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
205-580-515-5270 Purchased program services Inclusion services for December A 2018
16-589 Total: 341.12
Maine-Niles Association o 341.12
Malnati Organization
MALNATI
710341 12/18/2018 133.90 0.00 01/15/2019
101-100-511-5840 Meals Dinner Village Board meeting/12/18/18
710341 Total: 133.90
Malnati Organization Total 133.90
Menini Cartage Inc
MENICRT
48725 12/19/2018 981.36 0.00 01/15/2019
660-620-519-5760 Street materials - Aggregate Gravel
48725 Total: 981.36
Menini Cartage Inc Total: 981.36
Palm Electric
PALM
22372-1 12/5/2018 1,340.99 0.00 01/15/2019
101-420-511-5405 R&M - buildings Fan coil for PW Heaters
22372-1 Total: 1,340.99
CM22362CR 12/12/2018 -136.00 0.00 01/15/2019
101-420-511-5405 R&M - buildings Credit
CM22362CR Total: -136.00
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 15
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
Palm Electric Total: 1,204.99
Paramedic Services of Illinois
PARAMEDI
5668 1/1/2019 240,382.66 0.00 01/15/2019
101-350-512-5220 Fire protection Services rendered month ended 1/31/2019
5668 Total: 240,382.66
Paramedic Services of Illin 240,382.66
Printwell Printing
PRINTWEL
53427 12/19/2018 90.00 0.00 01/15/2019
101-200-511-5560 Printing & copying services Business cards/Asst Village Manager
53427 Total: 90.00
Printwell Printing Total: 90.00
RCN Telecom Services of Illinois, LLC
RCNTEL
084380001-00114 11/30/2018 1,131.00 0.00 01/15/2019
101-250-511-5320 Consulting Access point at Skokie
084380001-00114 Total: 1,131.00
084382501-0011 11/30/2018 1,131.00 0.00 01/15/2019
101-250-511-5320 Consulting Access point at Skokie
084382501-0011 Total: 1,131.00
RCN Telecom Services of I 2,262.00
Robbins, Salomon & Patt, LTD
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 16
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
RS&PLTD
230302 12/11/2018 1,478.75 0.00 01/15/2019
101-230-511-5399 Other professional services November - Municipal Prosecution/traffic violations
230302 Total: 1,478.75
230303 12/11/2018 1,823.50 0.00 01/15/2019
101-230-511-5399 Other professional services November - Adjudicative hearings
230303 Total: 1,823.50
Robbins, Salomon & Patt, 3,302.25
Sarju, Mair
SARJUMA
18-8127 8/22/2018 45.00 0.00 01/15/2019
101-400-511-5210 Animal control Animal control services
18-8127 Total: 45.00
Sarju, Mair Total: 45.00
Standard Plumbing
STANDAPL
464290 12/14/2018 148.51 0.00 01/15/2019
101-440-513-5730 Program supplies Flow preventers
464290 Total: 148.51
Standard Plumbing Total: 148.51
Suburban Laboratories, Inc.
SUBURB
156621 6/29/2018 109.50 0.00 01/15/2019
660-620-519-5320 Consulting Coliform testing and disinfectant by products
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 17
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
156621 Total: 109.50
Suburban Laboratories, Inc 109.50
Superion, LLC
SUPERION
219530 11/30/2018 2,354.94 0.00 01/15/2019
101-250-511-5340 Maintenance Agreement Expen Annual maintenance for CAD Export
219530 Total: 2,354.94
Superion, LLC Total: 2,354.94
The Faucet Shoppe
THEFAUCE
63190 12/14/2018 863.20 0.00 01/15/2019
205-430-515-5730 Program supplies Cylinders for Parks fountain
63190 Total: 863.20
The Faucet Shoppe Total: 863.20
Report Total: 423,768.77
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 18
Accounts Payable
To Be Paid Proof List
User: jmazzeffi
Printed: 01/07/2019 - 10:15AM
Batch: 00201.01.2019
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
Bradford Systems Corporation
BRADFORD
BS196 1/3/2019 200.00 0.00 01/15/2019
101-300-512-5440 R&M - office equipment Maintenance agreement/Records filing system
BS196 Total: 200.00
Bradford Systems Corpora 200.00
Caraway, Diane
CARAWAY
BLD18-00001 1/3/2019 2,000.00 0.00 01/15/2019
101-000-210-2620 Contractor bonds payable Refund for Sewer street deposit
BLD18-00001 Total: 2,000.00
Caraway, Diane Total: 2,000.00
Cassidy Tire
CASSIDYT
808000215 12/14/2018 55.00 0.00 01/15/2019
101-300-512-5480 R&M - vehicles Front Alignment - MP 1119
808000215 Total: 55.00
808000316 12/20/2018 150.00 0.00 01/15/2019
101-300-512-5480 R&M - vehicles Tires for Squad 210
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 1
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
808000316 Total: 150.00
808000382 12/27/2018 150.00 0.00 01/15/2019
101-300-512-5480 R&M - vehicles Tires for Squad 21
808000382 Total: 150.00
808000406 12/29/2018 150.00 0.00 01/15/2019
101-300-512-5480 R&M - vehicles Tires for Squad 211
808000406 Total: 150.00
808000434 1/2/2019 150.00 0.00 01/15/2019
101-300-512-5480 R&M - vehicles Tires for Squad 218
808000434 Total: 150.00
Cassidy Tire Total: 655.00
Defensive Edge Training & Consulting, Inc.
DEFENSIV
2212 11/2/2018 450.00 0.00 01/15/2019
101-300-512-5590 Training AR15/M16/M4 Armorer Course
2212 Total: 450.00
Defensive Edge Training & 450.00
D'Original Juzz Dance Group
DORIGINA
12172018 12/17/2019 1,225.00 0.00 01/15/2019
205-503-515-5270 Purchased program services December Drop Ins
12172018 Total: 1,225.00
D'Original Juzz Dance Gro 1,225.00
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 2
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
Groot Recycling & Waste Services
GROOT
2826068 1/1/2019 6,469.03 0.00 01/15/2019
101-440-514-5230 Garbage & recycling 3092-182468/Public Works
2826068 Total: 6,469.03
2826069 1/1/2019 396.21 0.00 01/15/2019
101-440-514-5230 Garbage & recycling 3092-156409/Public Works
2826069 Total: 396.21
2827552 1/1/2019 59,991.68 0.00 01/15/2019
101-440-514-5230 Garbage & recycling 3092-291565/Community pick up
2827552 Total: 59,991.68
2827553 1/1/2019 760.32 0.00 01/15/2019
101-440-514-5230 Garbage & recycling 3092-199164/School District 74
2827553 Total: 760.32
2827554 1/1/2019 3,338.68 0.00 01/15/2019
101-440-514-5230 Garbage & recycling 3092-205762/Multi family pick up
2827554 Total: 3,338.68
Groot Recycling & Waste S 70,955.92
Hanchett, Cody
HANCHET
BLD18-00407 1/3/2019 1,000.00 0.00 01/15/2019
101-000-210-2620 Contractor bonds payable Refund for driveway deposit
BLD18-00407 Total: 1,000.00
Hanchett, Cody Total: 1,000.00
Impact Networking, LLC
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 3
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
IMPACT
1278472 11/28/2018 17.00 0.00 01/15/2019
205-571-515-5730 Program supplies 11/29-12/28 Billing Period
1278472 Total: 17.00
1304998 12/27/2018 17.00 0.00 01/15/2019
205-571-515-5730 Program supplies 12/29-1/28 Billing Period
1304998 Total: 17.00
Impact Networking, LLC T 34.00
JG Uniforms Inc
JGUNIFOR
47802 12/22/2018 685.00 0.00 01/15/2019
101-300-512-5730 Program supplies Safety Vest/body armour
47802 Total: 685.00
JG Uniforms Inc Total: 685.00
Lazarevski, Aco
LAZAREV
BLD18-00205 1/3/2019 1,000.00 0.00 01/15/2019
101-000-210-2620 Contractor bonds payable Refund driveway deposit
BLD18-00205 Total: 1,000.00
Lazarevski, Aco Total: 1,000.00
Lund Industries
LUNDIND
93205 12/20/2018 112.50 0.00 01/15/2019
101-300-512-5480 R&M - vehicles Removed air bag shutoff switch
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 4
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
93205 Total: 112.50
Lund Industries Total: 112.50
MOCIC
MOCIC
13142-350 12/19/2018 200.00 0.00 01/15/2019
101-300-512-5570 Professional associations Annual Membership assessment
13142-350 Total: 200.00
MOCIC Total: 200.00
Sam's Club
SAMSCL
873 12/28/2018 20.96 0.00 01/15/2019
205-504-515-5730 Program supplies Noon Year's Eve Program supplies
873 Total: 20.96
Sam's Club Total: 20.96
State Industrial Products
STATE
900816427 12/31/2018 129.47 0.00 01/15/2019
101-300-512-5730 Program supplies Sanitizer for cells/dispatch
900816427 Total: 129.47
State Industrial Products To 129.47
TransUnion Risk and Alternative
TRANSUN
556811123118 1/1/2019 27.40 0.00 01/15/2019
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 5
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
101-300-512-5399 Other professional services Online investigative database system for background
556811123118 Total: 27.40
TransUnion Risk and Alter 27.40
Verizon Wireless
VERIZON
9820759194 12/21/2018 711.52 0.00 01/15/2019
101-210-511-5580 Telephone Verizon phone charges
9820759194 12/21/2018 24.81 0.00 01/15/2019
205-508-515-5580 Telephone Verizon phone charges
9820759194 12/21/2018 19.59 0.00 01/15/2019
205-520-515-5580 Telephone Verizon phone charges
9820759194 12/21/2018 8.70 0.00 01/15/2019
205-530-515-5580 Telephone Verizon phone charges
9820759194 12/21/2018 23.07 0.00 01/15/2019
205-560-515-5580 Telephone Verizon phone charges
9820759194 12/21/2018 1.74 0.00 01/15/2019
205-560-515-5270 Purchased program services Verizon phone charges
9820759194 12/21/2018 20.89 0.00 01/15/2019
101-000-210-2650 Contractor Permits Payable Verizon phone charges
9820759194 12/21/2018 73.93 0.00 01/15/2019
660-610-519-5580 Telephone Verizon phone charges
9820759194 Total: 884.25
9820759195 12/21/2018 70.05 0.00 01/15/2019
101-000-210-2650 Contractor Permits Payable Verizon data charges
9820759195 12/21/2018 62.76 0.00 01/15/2019
660-610-519-5580 Telephone Verizon data charges
9820759195 12/21/2018 1,304.88 0.00 01/15/2019
101-250-511-5580 Telephone Verizon data charges
9820759195 Total: 1,437.69
Verizon Wireless Total: 2,321.94
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 6
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
Welding Supply Inc.
WELDINGS
809929 12/31/2018 7.04 0.00 01/15/2019
205-571-515-5730 Program supplies Helium Tank - Dec. rental fee
809929 12/31/2018 7.04 0.00 01/15/2019
101-350-512-5730 Program supplies Argon Tank - Dec. rental fee
809929 Total: 14.08
Welding Supply Inc. Total: 14.08
Wienski, Jesse
WIENSKI
REIM011419 1/2/2019 75.00 0.00 01/15/2019
101-300-512-5840 Meals Reimburse Meals/Training
REIM011419 Total: 75.00
Wienski, Jesse Total: 75.00
Report Total: 81,106.27
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 7
Accounts Payable
To Be Paid Proof List
User: jmazzeffi
Printed: 01/07/2019 - 10:15AM
Batch: 00202.01.2019
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
Aclara Technologies
ACLARA
18004761 12/26/2018 450.00 0.00 01/15/2019
660-620-519-5796 Water system repair parts Prorated warranty
18004761 Total: 450.00
Aclara Technologies Total: 450.00
Cargill, Inc.
CARGILL
2904492119 12/18/2018 9,352.58 0.00 01/15/2019
101-440-513-5766 Street materials - salt & sand 150.17 tons of salt
2904492119 Total: 9,352.58
Cargill, Inc. Total: 9,352.58
IPELRA
IPELRA
010319 1/3/2019 195.00 0.00 01/15/2019
101-400-511-5590 Training Employment law seminar
010319 1/3/2019 195.00 0.00 01/15/2019
101-400-511-5590 Training Employment law seminar
010319 Total: 390.00
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 1
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
IPELRA Total: 390.00
Menini Cartage Inc
MENICRT
48703 11/30/2018 1,189.90 0.00 01/15/2019
660-620-519-5760 Street materials - Aggregate Gravel
48703 Total: 1,189.90
48732 12/26/2018 998.88 0.00 01/15/2019
660-620-519-5760 Street materials - Aggregate Gravel
48732 Total: 998.88
Menini Cartage Inc Total: 2,188.78
MGP, Inc.
MGPINC
4225 12/31/2018 909.15 0.00 01/15/2019
101-250-511-5599 Other contractual GIS Staffing services
4225 12/31/2018 909.15 0.00 01/15/2019
101-000-210-2650 Contractor Permits Payable GIS Staffing services
4225 12/31/2018 1,818.22 0.00 01/15/2019
660-620-519-5599 Other contractual GIS Staffing services
4225 Total: 3,636.52
MGP, Inc. Total: 3,636.52
Midwest Industrial Lighting
MIDWESTL
126556 1/3/2019 1,807.20 0.00 01/15/2019
101-420-511-5730 Program supplies LED lights for Building
126556 Total: 1,807.20
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 2
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
Midwest Industrial Lightin 1,807.20
Rainbow Farm
RAINBOWF
36890 1/3/2019 650.00 0.00 01/15/2019
101-440-513-5599 Other Contractual Woodchips removal
36890 Total: 650.00
Rainbow Farm Total: 650.00
Russo Power Equipment
RUSSO
5565208 12/14/2018 172.65 0.00 01/15/2019
101-420-511-5730 Program supplies Throttle, blower, carburetor for snow blower
5565208 Total: 172.65
Russo Power Equipment T 172.65
Schuham Builder's Supply Inc
SCHUHAM
57662 12/18/2018 47.40 0.00 01/15/2019
101-420-511-5740 Repair parts Hold open arm door for PD
57662 Total: 47.40
57663 12/18/2018 42.84 0.00 01/15/2019
101-420-511-5740 Repair parts Spring hinge for PD
57663 Total: 42.84
Schuham Builder's Supply 90.24
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 3
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
Report Total: 18,737.97
AP-To Be Paid Proof List (01/07/2019 - 10:15 AM) Page 4
Accounts Payable
To Be Paid Proof List
User: jmazzeffi
Printed: 01/08/2019 - 10:25AM
Batch: 00203.01.2019
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
Fire Engineering
FIREENG
010419 1/4/2019 24.00 0.00 01/15/2019
101-350-512-5620 Books & publications Subscription
010419 Total: 24.00
Fire Engineering Total: 24.00
Flow Municipal Service Provider, LLC
FLOWMUN
1088 1/10/2019 500.00 0.00 01/15/2019
101-350-512-5730 Program supplies Yearly license fee, 2nd quarterly payment
1088 Total: 500.00
Flow Municipal Service Pr 500.00
KnowBe4
KNOWBE
INV48142 12/19/2018 1,227.15 0.00 01/15/2019
101-250-511-5590 Training Security Awareness training
INV48142 Total: 1,227.15
KnowBe4 Total: 1,227.15
AP-To Be Paid Proof List (01/08/2019 - 10:25 AM) Page 1
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
MES
MES
IN1292089 12/18/2018 2,218.00 0.00 01/15/2019
101-350-512-5665 Firefighting supplies Fire hose
IN1292089 Total: 2,218.00
MES Total: 2,218.00
Neofunds
NEOFUNDS
NEO010819 1/8/2019 2.09 0.00 01/15/2019
101-210-511-5720 Postage Neopost postage
NEO010819 1/8/2019 93.69 0.00 01/15/2019
101-210-511-5720 Postage Neopost postage
NEO010819 1/8/2019 166.01 0.00 01/15/2019
101-210-511-5720 Postage Neopost postage
NEO010819 1/8/2019 55.92 0.00 01/15/2019
101-210-511-5720 Postage Neopost postage
NEO010819 1/8/2019 378.94 0.00 01/15/2019
205-500-515-5720 Postage Neopost postage
NEO010819 1/8/2019 123.72 0.00 01/15/2019
101-210-511-5720 Postage Neopost postage
NEO010819 1/8/2019 680.39 0.00 01/15/2019
660-610-519-5720 Postage Neopost postage
NEO010819 1/8/2019 379.95 0.00 01/15/2019
101-210-511-5700 Office supplies Nepost supplies
NEO010819 Total: 1,880.71
Neofunds Total: 1,880.71
Northern IL Fire Inspectors Assoc.
NIFIA
010419 1/4/2019 50.00 0.00 01/15/2019
101-350-512-5570 Professional associations 2019 Membership dues
AP-To Be Paid Proof List (01/08/2019 - 10:25 AM) Page 2
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
010419 Total: 50.00
Northern IL Fire Inspectors 50.00
Quinlan Security Systems
QUINLANS
23726 1/1/2019 4,583.01 0.00 01/15/2019
101-250-511-5340 Maintenance Agreement Expen Annual charges for maintenance of Security System
23726 Total: 4,583.01
Quinlan Security Systems T 4,583.01
Village of Skokie
VILLSKOK
52815 1/1/2019 64,469.25 0.00 01/15/2019
101-300-512-5398 911 combined comm. contract January E911 Dispatch services
52815 1/1/2019 5,991.89 0.00 01/15/2019
101-300-512-5398 911 combined comm. contract Maintenance fees for Additional lines of service
52815 Total: 70,461.14
Village of Skokie Total: 70,461.14
WL Construction Supply
WL CONST
20268 12/21/2018 429.85 0.00 01/15/2019
101-350-512-5770 Training supplies Saw blades
20268 Total: 429.85
WL Construction Supply T 429.85
AP-To Be Paid Proof List (01/08/2019 - 10:25 AM) Page 3
Invoice Number Invoice Date Amount Quantity Payment Date
Account Number Description
Report Total: 81,373.86
AP-To Be Paid Proof List (01/08/2019 - 10:25 AM) Page 4
Request For Board Action
REFERRED TO BOARD: January 15, 2019 AGENDA ITEM NO: 1.
ORIGINATING DEPARTMENT: Village Manager's Office
SUBJECT: Approval of a Resolution Consenting to the Village President's Appointment of Anna Marie
Gaura as the Village Manager and Approving a Village Manager Employment Agreement
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The Village Manager is the chief administrative officer of the Village and reports to and is directed by the Village
President, as chief executive, and the Village Board of Trustees, as the legislative body of the Village. The Village
Manager is responsible for the management and operation of the affairs of the Village and of all Village Departments
and personnel. As chief administrative officer, the Village Manager is responsible for the management and control of
all matters pertaining to the operation and maintenance of Village property. The Village Manager is responsible for
the supervision of all Village and Departments.
After completing the recruitment process for the position of Village Manager, the Village Board and Village
President have selected Anna (Anne) Marie Gaura to serve as Lincolnwood’s Village Manager effective February
19, 2019. Ms. Gaura has previously served in a similar capacity for the communities of Homer Glen, DeKalb, and
Montgomery. As a component of Ms. Gaura’s acceptance of the position of Village Manager, the Village and Ms.
Gaura are seeking to enter into an Employment Agreement that dictates components of her employment with the
Village of Lincolnwood for an initial term of February 19, 2019 until May, 2021 with the option to renew at that
time.
FINANCIAL IMPACT:
The Employment Agreement is an employee wage/benefit agreement and is budgeted in the Fiscal Year 2018-19
Operating Budget.
DOCUMENTS ATTACHED:
1. Resolution
2. Agreement
RECOMMENDED MOTION:
Approval of a Resolution Consenting to the Village President's Appointment of Anna Marie Gaura as the Village
Manager and Approving a Village Manager Employment Agreement.
VILLAGE OF LINCOLNWOOD
RESOLUTION NO. R2019-__________
A RESOLUTION CONSENTING TO THE VILLAGE PRESIDENT’S APPOINTMENT
OF ANNA MARIE GAURA AS THE VILLAGE MANAGER
AND APPROVING A VILLAGE MANAGER EMPLOYMENT AGREEMENT
WHEREAS, pursuant to Section 4-3-1 of the Municipal Code of Lincolnwood, as
amended ("Village Code"), the Village President is authorized to appoint, with the advice and
consent of the Board of Trustees, the Village Manager; and
WHEREAS, the Village President now desires to appoint Anna Marie Gaura (“Gaura”)
as the Village Manager, effective February 19, 2019, pursuant to the Village Manager
Employment Agreement attached to and, by this reference, made a part of this Resolution as
Exhibit A (“Agreement”); and
WHEREAS, the Village Board of Trustees has determined that it will serve and be in the
best interest of the Village and its residents to consent to the appointment of Gaura as the Village
Manager, and to approve the Agreement, all pursuant to this Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LINCOLNWOOD, COOK COUNTY, ILLINOIS, as
follows:
SECTION 1. RECITALS. The facts and statements contained in the preamble to this
Resolution are found to be true and correct and are hereby adopted as part of this Resolution.
SECTION 2. CONSENT TO APPOINTMENT. The Village Board of Trustees hereby
consents to the appointment of Anna Marie Gaura as the Village Manager, effective February
19, 2019, pursuant to the terms of the Agreement and the applicable provisions of the Village
Code and Illinois law.
SECTION 3. APPROVAL OF AGREEMENT. The Village Board of Trustees hereby
approves the Agreement between the Village and Gaura.
SECTION 4. EXECUTION OF AGREEMENT. The Village President and the Village
Clerk are hereby authorized and directed to execute and attest, on behalf of the Village, the
Agreement approved pursuant to Section 3 of this Resolution, upon receipt by the Village Clerk
of at least one original copy of the Agreement executed by Gaura; provided, however, that if the
executed copy of the Agreement is not received by the Village Clerk within 15 days after the
effective date of this Resolution, then this authority to execute and attest will, at the option of the
President and Board of Trustees, be null and void.
SECTION 5. EFFECTIVE DATE. This Resolution will be in full force and effect from
and after its passage and approval as provided by law.
PASSED this ___ day of January, 2019.
AYES: ______
NAYS:
ABSENT:
ABSTENTION:
APPROVED by me this _____ day of January, 2019.
_______________________________________
Barry I. Bass, President
Village of Lincolnwood, Cook County, Illinois
ATTESTED and FILED in my office this
_____ day of _________, 2019
Beryl Herman, Village Clerk
Village of Lincolnwood, Cook County, Illinois
EXHIBIT A
AGREEMENT
Execution Version
VILLAGE OF LINCOLNWOOD
VILLAGE MANAGER EMPLOYMENT AGREEMENT
WITH ANNA MARIE GAURA
This Village Manager Employment Agreement (the “Agreement”) is made and
entered into as of January __, 2019 (the “Effective Date”), by and between the
Village of Lincolnwood, an Illinois home rule municipal corporation (the “Village”),
and Anna Marie Gaura (the “Employee”).
IN CONSIDERATION of the mutual covenants and conditions set forth
below, and pursuant to the Village’s home rule powers, the Village and the
Employee agree as follows:
Section 1. Recitals.
A. The Village is an Illinois home rule municipal corporation in
accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois
of 1970.
B. Pursuant to the authority set forth in Section 3.1-30-5(a) of the Illinois
Municipal Code, 65 ILCS 5/3.1-30-5(a), the Village has created the office of Village
Manager as a full-time position within the Village, in accordance with Article 3 of
Chapter 4 of the Village Code.
C. Pursuant to Section 4-3-1 of the Municipal Code of Lincolnwood, as
amended (“Village Code”), the Village President has appointed, with the advice and
consent of the Village Board of Trustees, the Employee to the office of Village
Manager.
D. The President and Board of Trustees of the Village (collectively, the
“Village Board”) desire to employ the Employee as Village Manager, and the
Employee desires to be employed as Village Manager, pursuant to and in
accordance with Article 3 of Chapter 4 of the Village Code and the terms and
provisions of this Agreement.
E. The Employee desires to accept the terms and provisions of this
Agreement.
Section 2. Employment as Village Manager.
A. Employment. The Village hereby agrees to employ the Employee as
the Village Manager beginning on the Commencement Date, as defined in Section 3
of this Agreement, and the Employee accepts such employment and agrees to
perform the functions and duties set forth in this Agreement and provided in the
Village Code, including without limitation those general duties provided in Section
1
Execution Version
4-3-7 of the Village Code, and to perform such other legally permissible and proper
duties and functions as the Village Board may assign from time to time. The
Employee shall perform all such duties and functions in a manner consistent with
Article 4 of Chapter 1 of the Village Code (“Village Ethics Ordinance”) and with the
ICMA Code of Ethics. In the event of any conflict between the Village Ethics
Ordinance and the ICMA Code of Ethics, the Village Ethics Ordinance shall control.
B. Employment is At-Will. Subject to the notice requirement in
Section 12 of this Agreement, the Employee is employed at the will of the Village,
and nothing in this Agreement shall create any property right in her or any other
right to the continuation of her employment with the Village. No act of the Village
Board, the Village President, any Village Board member, any Village employee, or
any legal representative or other agent of the Village shall create any such property
right or any such other right unless specifically ratified in writing by the Village
Board.
C. Other Terms of Employment. The Village Board, in consultation with
the Employee, shall fix any such other terms and conditions of employment, as it
may determine from time to time, relating to the Employee’s performance as an
employee; provided, however, that such terms and conditions are reasonable and
not inconsistent or in conflict with the provisions of this Agreement or with
applicable law.
D. Employment Rules and Regulations. Except for the benefits
specifically provided herein for the Employee, all other provisions of the Village
Code, and all regulations and rules of the Village relating to employment with the
Village, or to other fringe benefits and working conditions as currently exist or as
may hereafter be amended, shall apply to the Employee as they would to other
employees of the Village.
Section 3. Term.
The Employee's term of employment ("Term") shall commence on
February 19, 2019 ("Commencement Date") and terminate on the date in May 2021
on which the current term of office of the Village President expires, unless the
employment is terminated earlier pursuant to Section 12 of this Agreement. The
Village and the Employee may, but shall have no obligation to, renew the Term for
an additional two-year period, or for such other period of time as both parties may
mutually agree, in accordance with applicable law. In the event that either the
Village or the Employee determine not to renew the Term, that party shall notify
the other party in writing of such determination at least 90 days prior to the
expiration of the Term; provided, however, that the failure to provide such notice
shall not constitute, or be interpreted as, a renewal or extension of the Term.
Section 4. Sole Employment as Manager.
2
Execution Version
The Employee must work diligently, utilizing her best efforts in the
performance of her duties. She must devote her entire business time, attention, and
energies to the performance of her duties. She may not engage in any other
employment, nor actively engage (in contrast to passive engagement) in any income-
or profit-generating activities, without the prior written consent of the Village
Board.
Section 5. Compensation; Benefits.
A. Base Salary. The Village will pay the Employee an annual base salary
in the amount of $175,000.00, payable in installments in accordance with the
Village’s normal payroll practices.
B. Annual Review of Salary. Without being obligated to make any
adjustment in base salary, the Village Board agrees to review the Employee’s base
salary each year based on the Employee’s performance and on any general wage
adjustment granted to other Village senior department heads. That review shall be
undertaken in conjunction with a performance evaluation as provided in Section 6
of this Agreement. The Village Board may adjust the Employee’s base salary and
entire compensation if the Village Board, in its sole discretion, determines that an
adjustment of compensation is appropriate, but in no event shall it be reduced.
C. Employee Benefit Programs. The Employee is entitled to participate
in the employee benefit plans and programs provided by the Village to other Village
department heads in accordance with applicable Village personnel rules and
policies, including life and health insurance benefit programs, as those benefits may
be changed by the Village Board from time to time, and subject to the rules and
policies applicable to those plans and programs. No provision of this Agreement is
intended to limit, and no provision shall be construed or applied to limit, the right
or ability of the Village Board to change or eliminate any employee benefit plan or
program, so long as any changes to such benefit plans or programs apply to both the
Employee and the Village department heads.
D. Health Insurance. Employer agrees to provide hospitalization,
surgical and comprehensive medical and dental insurance for Employee and her
dependents and to pay premiums thereon equal to that which is provided all other
Village Department Heads. To the extent that the Village now, or in the future,
determines to require its employees to contribute some or all of the cost of said
insurance benefits, Employee agrees to contribute in the same amount as is
required of all other Village Department Heads.
E. Vacation and Sick Days. The Employee is entitled to 15 paid vacation
days per calendar year. For calendar year 2019, 10 vacations days will accrue on the
Commencement Date. The Employee is entitled to paid sick days in accordance with
applicable Village personnel rules and policies. The Employee may accumulate up
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to a maximum of 30 vacation days. In the event of renewal, in recognition of her
years of service in the profession, Employee shall be entitled to accrue no more than
twenty paid vacation days, which is in accordance with the Vacation Earning
Schedule as outlined in the Village’s Personnel Manual.
F. Taxes. All payments made, or benefits provided, to the Employee
pursuant to this Section 5 are subject to the usual and appropriate payroll,
personnel, and benefits policies of the Village as well as the requirements of any
applicable federal, state, or local laws, including appropriate tax withholdings.
Nothing in this Agreement may be deemed or interpreted as requiring the Village to
pay, directly or by way of reimbursement to the Employee, any federal or state
income tax liability that the Employee may incur as a result of this Agreement or
any of the transactions, benefits, or payments contemplated in this Agreement. The
Employee shall comply with all applicable Internal Revenue Service and Illinois
Department of Revenue requirements and regulations concerning the transactions,
benefits, or payments contemplated in this Agreement.
G. Retirement Plan. The Employee is entitled to participate in the
Illinois Municipal Retirement Fund retirement program.
H. Deferred Compensation. In addition to the Employee’s base salary, the
Village agrees to pay the Employee annual deferred compensation in monthly
installments equal to 6.5% of the Employee’s base salary, calculated upon the base
salary as of the date of said payment. This deferred compensation shall be paid to
the International City/County Management Association-Retirement Corporation
(“ICMA-RC”), or any other qualified Section 457 deferred compensation plan
designated in writing by the Employee, on or around the first day of each month
during the time the Employee is employed under this Agreement. The Village
agrees to execute all necessary agreements provided by the ICMA-RC or such other
plan for the Employee's continued participation in a supplementary retirement
plan.
Section 6. Annual Performance Evaluation.
The Village Board shall review the performance of the Employee annually,
subject to a process and format for the evaluation agreeable to the Village Board
and the Employee. The evaluation process will include the opportunity for the
Village Board to prepare a written evaluation, meet and discuss the evaluation, and
present a written summary of the evaluation results. The Village and the Employee
shall establish annually a schedule of goals and indicators for the Employee, which
schedule shall be used as a basis of measurement of the Employee’s performance at
the annual evaluation.
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Section 7. General Business Expenses; Electronic Equipment.
A. Professional Associations. The Village agrees to budget for and to pay
for professional dues and subscriptions of the Employee in the International
City/County Management Association (ICMA), the Illinois City/County
Management Association (ILCMA), and such other professional dues and
subscriptions as the Village Board may deem reasonably necessary for participation
in national, regional, State, and local professional associations and organizations
desirable for the advancement of the best interests of the Village.
B. Professional and Official Travel. The Village agrees to budget and pay
for travel and subsistence expenses reasonably incurred by the Employee for
professional and official travel, meetings, conferences, and occasions in pursuit of
official functions or the best interests of the Village, including without limitation
annual attendance by the Employee at two ILCMA or other in-state conferences and
one ICMA or other national conference. The Employee shall timely submit all
receipts and other supporting documentation requested by the Village in accordance
with Village practices and procedures. Travel to any conferences not within the
contiguous United States is prohibited except upon prior approval of the Village
Board.
C. General Expenses. The Village will reimburse the Employee for
reasonable miscellaneous expenses properly incurred in the course of performing
the duties of her position. The Employee shall timely submit all receipts and other
supporting documentation requested by the Village.
D. Communications Equipment. The Village has provided the Employee
with a combined cellular telephone and e-mail device, and a laptop computer for the
Employee’s continued use in the performance of the duties of her position during the
Term of her employment. The Village shall pay all business expenses and fees
associated with such equipment.
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Section 8. Automobile.
The Village agrees to pay to the Employee the sum of $6,000.00 per year,
payable monthly, as a vehicle allowance to be used to purchase or lease a vehicle or
for the use of her existing vehicle. The Employee shall be responsible for paying for
liability, property damage, and comprehensive insurance coverage for such vehicle,
and shall further be responsible for all expenses attendant to the purchase,
operation, maintenance, repair, and regular replacement of such vehicle. The
Employee agrees that her vehicle will be maintained in a manner which reflects a
suitable appearance, working condition and professional image for the Village.
Section 9. Relocation.
A. Relocation. Within a reasonable period of time after the Effective Date
of this Agreement, but in no event later than August 19, 2019, the Employee shall
establish her place of permanent residence within a radius of 17.5 miles of the
Village Hall (6900 North Lincoln Avenue, Lincolnwood, Illinois). The Employee
shall thereafter reside within such area during her term of employment as Village
Manager. In the event Employee is unable to establish residency within the time
frame set forth herein, Employer shall have the right to approve an extension under
such terms and conditions as the parties may mutually agree, which approval shall
not be unreasonably denied.
B. Moving and Temporary Living Expenses. Upon timely submittal by the
Employee of receipts and other supporting documentation reasonably requested by
the Village, the Village will reimburse the Employee in an amount up to, and not to
exceed, $10,000.00 for reasonable and necessary moving-related and temporary
living expenses actually incurred by the Employee prior to, and during, the
establishment of her new residence pursuant to Section 9.A of this Agreement.
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Section 10. Confidentiality.
The Employee acknowledges that the Employee has had and will have access
to confidential information (“Confidential Information”) of, about, and belonging to,
the Village. Confidential Information does not include public documents or
information that would otherwise constitute Confidential Information but that has
become public. The Employee covenants and warrants that, both during and after
the Employee’s term of employment, the Employee will not directly or indirectly
use, divulge, furnish, or make accessible Confidential Information to any person,
firm, or corporation other than persons, firms, or corporations employed and/or
retained by the Village in a fiduciary capacity without the prior express written
authorization of the Village, but instead the Employee will keep all Confidential
Information strictly and absolutely confidential except as otherwise provided in this
Agreement or as required by the Illinois Freedom of Information Act, 5 ILCS 140/1
et seq.
Section 11. Property of the Village.
All business plans, financial data, reports, memoranda, correspondence, and
all other documents pertaining to the current or prospective business of the Village
are and will at all times remain the property of the Village. Upon termination of
the Employee’s employment with the Village, regardless of cause therefor, the
Employee shall promptly surrender to the Village all property provided to her by
the Village for use in relation to her employment, including, without limitation, the
equipment described in Section 7.D of this Agreement.
Section 12. Termination.
A. Basis for Termination. Notwithstanding anything to the contrary
contained elsewhere in this Agreement, this Agreement shall terminate upon the
occurrence of any of the following events: (i) the Employee's death; (ii) the
Employee's "Total Disability" (as defined in this Agreement), provided that such
termination shall be in accordance with all applicable laws governing Total
Disability; (iii) the Employee's resignation; or (iv) termination of the employment of
the Employee pursuant to Section 12.B of this Agreement.
B. Procedure for Termination by Village. In accordance with Section 4-3-
3 of the Village Code, the Village may terminate the employment of the Employee
upon: (i) the filing by the Village President with the Village Board of Trustees of a
written statement of the reasons for such termination; and (ii) the majority vote of
the Village Board. The Village agrees to provide the Employee with not less than 7
days advance written notice of the Village's intent to terminate the employment of
the Employee pursuant to this Agreement; provided, however, that not less than 24
hours advance written notice need be provided by the Village in the event the
Village Board determines that the Employee has engaged in "Deleterious Conduct",
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which, for purposes of this Agreement, means that the Employee has: (i) been
convicted of fraud, misappropriation, or embezzlement involving property of the
Village, or of a felony offense or other criminal act; (ii) engaged in intentional,
wrongful conduct that causes, or may cause, substantial harm to the Village; (iii)
committed an act of gross insubordination by refusing to take a legal, valid action
that is clearly within the scope of her employment when specifically directed to do
so by a majority of the Board at a duly noticed public meeting, or by failing to
communicate with the Village President or Board in a timely manner on pertinent
Village business (for purposes of this subsection, “timely” shall mean not more than
13 calendar days); (iv) materially failed to perform a significant portion of her duties
as the Manager as set forth in this Agreement or the Village Code; or (v) caused or
allowed any practice, activity, decision or organizational circumstances which is
either illegal, immoral, or in violation of the Village Ethics Ordinance or the ICMA
Code of Ethics.
C. Total Disability. For purposes of this Agreement, "Total Disability"
means the Employee's inability, because of illness, injury or other physical or
mental incapacity, to perform the Employee's duties hereunder (as determined by
the Village Board) for a continuous period of 120 consecutive days, or for a total of
120 days within any 360 consecutive day period, in which case such Total Disability
shall be deemed to have occurred on the last day of such 120-day or 360-day period,
as applicable.
D. Severance. If the Village terminates the employment of the Employee
for any reason other than Deleterious Conduct, the Employee shall be entitled to
severance pay in an amount equal to four months of her annual base salary plus
deferred compensation at the time of such termination ("Severance Pay Benefits").
The Employee shall also be entitled to compensation for earned sick leave, vacation,
and other accrued benefits to date (collectively, “Accrued Benefits”), calculated
based on the Employee's annual base salary at the time of termination, in
accordance with applicable Village personnel rules and policies. These Accrued
Benefits shall terminate at the time of the Employee's termination. Any payment of
Severance Pay Benefits or of Accrued Benefits hereunder is expressly conditioned
upon the Employee's execution of a release of any and all claims the Employee may
have against the Village, its employees and the Village Board.
E. Resignation. In the event that the Employee desires to voluntarily
resign the position of Village Manager, she must provide the Village President with
not less than 30 days advance written notice, unless the Employee and the Village
Board agree otherwise in writing. The Employee shall not be entitled to any
Severance Pay Benefits if she voluntarily resigns her employment. However, the
Employee shall still be entitled to all Accrued Benefits as of the date of such
voluntary resignation.
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F. Outplacement Services. In the event the Board terminates this
Agreement without cause, the Board shall authorize payment of a lump sum cash
payment in the amount of $2,000.00 for outplacement services and for other various
job search expenses to be incurred by the Employee.
Section 13. Indemnification.
The Village will defend, hold harmless, and indemnify the Employee to the
extent, and in the manner required by, Article 6 of Chapter 1 of the Village Code.
Section 14. Bonding.
The Village will pay the full cost of any fidelity or other bonds required of the
Employee under any law or ordinance, including, without limitation, the fidelity
bond required pursuant to Section 4-3-6 of the Village Code.
Section 15. Notices.
Notice pursuant to this Agreement must be given by depositing in the
custody of the United States Postal Service, postage prepaid, addressed as follows:
If to the Village: Village President
Village of Lincolnwood
6900 North Lincoln Avenue
Lincolnwood, Illinois 60712
If to the Employee: Anna Marie Gaura
Alternatively, notice required pursuant to this Agreement may be served
personally. Notice will be deemed given as of the date of personal service or as of
the date of deposit of such written notice in the course of transmission in the United
States Postal Service.
Section 16. General Provisions.
A. Entire Agreement. This Agreement constitutes the sole and entire
agreement between the Village and the Employee relating to the employment of the
Employee by the Village. This Agreement supersedes all prior or contemporaneous
agreements, understandings, and representations, oral and written, with respect to
the employment of the Employee by the Village.
B. Amendments. No amendment or waiver of any provision in this
Agreement will be binding on the Village or the Employee unless and until it has
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been reduced to writing and executed by the Village President, as may be
authorized by the Village Board and the Employee.
C. Binding Effect. This Agreement is binding on the Village and the
Employee as well as their heirs, assigns, executors, personal representatives, and
successors in interest.
D. Severability. The invalidity or partial invalidity of any portion of this
Agreement will not affect the validity of any other provision. If any provision of this
Agreement is held to be invalid, then the remaining provisions will be deemed to
remain in full force and effect.
E. No Waiver. Any failure in the exercise of either party to enforce any
provision of this Agreement shall not prejudice the party's right to demand strict
performance or enforcement of any future performance required under this
Agreement.
F. COBRA. Nothing in this agreement shall be deemed a waiver of
Employee’s rights under applicable COBRA regulations, as may be amended from
time to time.
G. Assignment. This Agreement with respect to the Employee is personal
in nature and the Employee will not assign this Agreement or any of the Employee's
rights or obligations under this Agreement without the written consent of the
Village Board.
H. Governing Law. The execution, validity, construction, interpretation,
performance, and enforcement of this Agreement is governed by the internal laws,
but not the conflict of laws rules, of the State of Illinois. Nothing in this Agreement
is intended to abrogate the Employee's rights and obligations under Illinois law.
I. Acknowledgements. The parties mutually acknowledge that they have
entered into this Agreement voluntarily and have had an opportunity to have this
Agreement reviewed by counsel of their choosing.
J. Interpretation. This Agreement is to be construed without regard to
the identity of the party who drafted the various provisions of this Agreement.
Moreover, each and every provision of this Agreement is to be construed as though
all parties to this Agreement participated equally in the drafting of this Agreement.
As a result of the foregoing, any rule or construction that a document is to be
construed against the drafting party is not applicable to this Agreement.
K. Change in Laws. Except as otherwise explicitly provided in this
Agreement, any reference to laws, ordinances, rules, or regulations of any kind
includes the laws, ordinances, rules, or regulations of any kind as they may be
amended or modified from time to time hereafter.
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L. Headings. The headings, titles, and captions in this Agreement have
been inserted only for convenience and in no way define, limit, extend, or describe
the scope or intent of this Agreement.
M. Time of Essence. Time is of the essence in the performance of this
Agreement.
N. Rights Cumulative. Unless expressly provided to the contrary in this
Agreement, each and every one of the rights, remedies, and benefits provided by
this Agreement are cumulative and are not exclusive of any other rights, remedies,
and benefits allowed by law.
O. This Agreement shall be binding upon and inure to the benefit of the
heirs at law and executors of Employee.
[SIGNATURE PAGE FOLLOWS]
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VILLAGE OF LINCOLNWOOD
By: ___________________________________
Village President
Attest:
By: ___________________________________
Village Clerk
EMPLOYEE
___________________________________
Anna Marie Gaura
#61724147_v6
12
Request For Board Action
REFERRED TO BOARD: January 15, 2019 AGENDA ITEM NO: 1.
ORIGINATING DEPARTMENT: Public Works
SUBJECT: Approval of a Resolution Authorizing the Execution of a Non-Exclusive License Agreement with
Buchanan Energy (N), LLC, Owner of 6401 N. Cicero Avenue (Appears on Consent Agenda
Because it is a Routine Function of Government)
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
Buchanan Energy (N), LLC, the owner of the Mobile gas station at 6401 N. Cicero Avenue, is currently part of the
Illinois Environmental Protection Agency’s (IEPA) Leaking Underground Storage Tank Program, due to a gasoline
release associated with the property. As part of the program, the property owner must monitor the groundwater to
identify the extent of potentially impacted soil and groundwater. Based on the location of the potentially
contaminated soil, the property owner has requested to install a monitoring well in the alley to the north of their
property. Currently, two monitoring wells exist in the alley, and the property owner is requesting to install a third
near the eastern edge of their property line. The existing wells were installed in 1991.The alley serves as an access
for the strip mall to the north of the subject property and the office building to the east.
The new monitoring well will be dug at a depth of 12-feet below the existing grade. The well will be flush mounted
to the ground with an 8-inch diameter cap, allowing access, but not obstructing traffic in the alley. Once the
monitoring is complete and the site is closed in the IEPA’s Leaking Underground Storage Tank Program, the wells
will be abandoned and the surface will be patched with asphalt to match the existing surface material.
Staff and the Village Attorney have worked to develop a non-exclusive license agreement to allow for the new
monitoring well to be constructed on public property and to maintain the existing wells. The license agreement will
be recorded against the property and will remain in effect in the event that 6401 N. Cicero Avenue is sold. Either
party has the right to terminate the agreement with 30 day notice. The property owner has agreed to the terms
outlined in the license agreement. Staff recommends approval of the agreement.
FINANCIAL IMPACT:
None
DOCUMENTS ATTACHED:
1. Proposed Resolution
2. Proposed License Agreement
RECOMMENDED MOTION:
Move to approve a Resolution authorizing execution of a non-exclusive license agreement with Buchanan Energy
(N), LLC, owner of 6401 N. Cicero Avenue
VILLAGE OF LINCOLNWOOD
RESOLUTION NO. R2019-__________
A RESOLUTION APPROVING A LICENSE AGREEMENT
WITH BUCHANAN ENERGY (N), LLC,
FOR THE PROVISION OF AN EMERGENCY MEDICAL SERVICES STATION
WHEREAS, Buchanan Energy (N), LLC, a Delaware limited liability company (“Owner”), is
the record title owner of that certain real property located at the address commonly known as 6401
North Cicero Avenue, Lincolnwood, Illinois (“Property”); and
WHEREAS, the Owner operates a vehicle gas station on the property; and
WHEREAS, the Property is adjacent to, and immediately south of, an alley right-of-way that is
owned by, and under the jurisdiction of, the Village (“Alley”); and
WHEREAS, the Property is currently part of the Illinois Environmental Protection Agency’s
Leaking Underground Storage Tank Program (“Program”) due to a gasoline release associated with the
Property; and
WHEREAS, the Licensee is the owner of two existing underground groundwater monitoring
wells located within the Alley (collectively, the “Existing Wells”); and
WHEREAS, as required by the Program, the Licensee desires to install a new, third underground
groundwater monitoring well within the Alley (“Proposed Well”); and
WHEREAS, the Licensee desires, and the Village desires to permit the Licensee, to install and
maintain Proposed Well, and to maintain the Existing Wells, within a portion of the Alley; and
WHEREAS, the Village and the Licensee desire to enter into an agreement to set forth their
respective rights and responsibilities regarding the installation and maintenance of the Existing Wells
and the Proposed Well within the Alley (“Agreement”); and
WHEREAS, the Village President and Board of Trustees have determined that it will serve and
be in the best interest of the Village to enter into the Agreement with the Owner;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LINCOLNWOOD, COOK COUNTY, ILLINOIS, as follows:
SECTION 1. RECITALS. The facts and statements contained in the preamble to this
Resolution are found to be true and correct and are hereby adopted as part of this Resolution.
SECTION 2. APPROVAL OF AGREEMENT. The Agreement between the Village and the
Owner is hereby approved in substantially the form attached to this Resolution as Exhibit A, and in a
final form to be approved by the Village Manager and the Village Attorney.
SECTION 3. EXECUTION OF AGREEMENT. The Village Manager and the Village Clerk
are hereby authorized and directed to execute and attest, on behalf of the Village, the Agreement upon
receipt by the Village Clerk of at least one original copy of the Agreement executed by the Owner;
provided, however, that if the executed copy of the Agreement is not received by the Village Clerk
within 30 days after the effective date of this Resolution, then this authority to execute and attest will, at
the option of the President and Board of Trustees, be null and void.
SECTION 4. EFFECTIVE DATE. This Resolution will be in full force and effect from and
after its passage and approval as provided by law.
PASSED this ___ day of ______________, 2019.
AYES: ______
NAYS:
ABSENT:
ABSTENTION:
APPROVED by me this _____ day of ____________, 2019.
_______________________________________
Barry I. Bass, President
Village of Lincolnwood, Cook County, Illinois
ATTESTED and FILED in my office this
_____ day of _________, 2019
Beryl Herman, Village Clerk
Village of Lincolnwood, Cook County, Illinois
#62692705_v1
EXHIBIT A
AGREEMENT
Request For Board Action
REFERRED TO BOARD: January 15, 2019 AGENDA ITEM NO: 2.
ORIGINATING DEPARTMENT: Public Works
SUBJECT: Approval of the Following Items Pertaining to the Standpipe Rehabilitation Project: A) A
Resolution Approving a Contract with Era Valdivia Contractors, Inc. of Chicago, Illinois in the
Amount of $860,100; and B) An Ordinance Waiving the Competitive Bidding Process and
Approving an Agreement with Christopher B. Burke Engineering, Ltd. of Rosemont, Illinois in
the Amount of $37,400 for Construction Oversight Services (Item Appears on the Consent
Agenda Because it is a Routine Function of Government)
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The Village operates a 1.5 million gallon standpipe located east of the Public Works facility on Central Park Avenue.
The Standpipe was constructed in 1996 and serves as additional storage for treated, potable water, and also
pressurizes the distribution system. The Standpipe is 47 feet in diameter and is the tallest structure in the Village, at a
height of 125 feet. The Standpipe is currently painted white, which allows it to blend into the background and reduce
its visibility.
In 2017, the Village contracted Midco Diving and Marine Services, Inc. (Midco) to dive the tank and inspect the
interior for damage and rust buildup. Midco noted that there were several areas inside the tank where the coating is
coming off, causing rust. The exterior of the tank was also inspected and is demonstrating a failure of the coating.
The standpipe has not been painted since its constrution in 1996. The paint used to coat the standpipe is also meant
to prevent the steel tank from oxidizing As the coating has deteriorated over the years, the number and severity of
rust spots has increased. The existing rust spots will continue to deteriorate and spread if the interior and exterior are
not recoated, weakening the walls. The standpipe is a critical piece of the Village’s water distribution infrastructure,
and must be maintained in order to prevent a failure.
On June 19, 2018 the Village Board approved a contract with Christopher B. Burke Engineering, Ltd. (CBBEL) for
the design of the Standpipe Rehabilitation Project. At that meeting, a majority of the Village Board agreed to pursue
the project without including a Village identifier on the tank. The proposed project includes repainting the interior
and exterior of the tank, installation of new safety features such as new railings, fall protection devices, and safety
grabs, repairs to failed welding points, and upgrades to the lighting.
On November 29, 2018, a bid notice was published in the Lincolnwood Review. Bid packages were picked up by
four firms who perform this type of work and on December 19, 2018, four sealed bids were received and publicly
opened. Table 1 provides a summary of the bids received.
Table 1. Summary of Bids
Firm Base Bid Alternate Bid
Era Valdivia Contractors, Inc. $860,100 $922,100
Maxcor, Inc. $920,875 $952,875
Jetco, Ltd. $1,004,475 $682,795
Tecorp, Inc. $1,153,300 $1,201,860
Engineer’s Estimate $989,250 $1,170,000
Bidders were requested to submit a base bid where the entire project would be completed in one construction season
and an alternate bid where the exterior work would be done in 2019 and the interior work would be completed in
2020. The purpose of seeking the alternate bid was due to the fact that the exterior work is eligible to be funded by
the Northeast Industrial Tax Increment Financing District (NEID TIF), whereas the interior work could only be paid
for using money from the Water/Sewer Fund. Based on the original estimated cost, staff was concerned that there
would not be sufficient funds in the Water/Sewer Fund to pay for the interior work in 2019.
Upon evaluation of the bids, it was discovered that the alternate bid provided by Jetco, Inc. did not include all of the
work on the exterior of the tank, including welding and containment in their price. For this reason, they informed
CBBEL that they are withdrawing their bid for consideration.
The lowest base bid was submitted by Era Valdivia Contractors, Inc. (Era Valdivia) of Chicago, Illinois. Based on
their bid, $550,100 would be eligible to be expended out of the NEID TIF Fund and the remaining $310,000 from
the Water/Sewer Fund. Both Funds are able to support the project in FY 2019/20.
Era Valdivia has performed 58 tank painting projects throughout the Chicagoland region over the past 18 years. Staff
reached out to several municipalities for whom Era Valdivia has performed work over the past five years and all
provided positive responses with regard to their quality of work. Additionally, CBBEL has worked with Era Valdivia
on two recent projects and provided a positive review. For these reasons, staff recommends awarding a contract to
Era Valdivia. Work is anticipated to begin in early May and be completed in November.
Staff recommends the Village Board waive the competitive bidding process and award a construction oversight
services contract to CBBEL in the amount of $37,400.
CBBEL is intimately familiar with the project, having developed the design and has recently successfully
performed similar work for other communities including the Villages of Deerfield, Chicago Ridge, Dwight,
and Willowbrook.
CBBEL is intimately familiar with the Village’s water distribution system as they have served as the Village
Engineer for four years.
The proposal submitted by CBBEL is 4.3% of construction costs. Staff evaluated six similar oversight
contracts from the past five years and found that they ranged from 4.6% to 9.8% of construction cost, with
the average being 6.7% of construction costs. Only one project Based on this information, the CBBEL
proposal is on the lower end of what has been available in the market.
FINANCIAL IMPACT:
$574,000 will be included in the FY 2019/20 NEID TIF budget and $323,500 in the FY 2019/20 Water/Sewer Fund
budget for the Standpipe Rehabilitation Project.
DOCUMENTS ATTACHED:
1. Proposed Resolution
2. Proposed Construction Contract
3. Bid Proposal
4. Recommendation of Award
5. Proposed Ordinance
6. Construction Oversight Proposal
RECOMMENDED MOTION:
Move to approve the following items pertaining to the standpipe rehabilitation project: A) a Resolution approving a
contract with Era Valdivia of Chicago, IL for construction of the improvements; and B) an Ordinance waiving the
competitive bidding process and approving an agreement with Christopher B. Burke Engineering, Ltd. of Rosemont,
IL for construction oversight services.
VILLAGE OF LINCOLNWOOD
RESOLUTION NO. R2019-__________
A RESOLUTION APPROVING THE AWARD
OF A CONTRACT FOR THE STANDPIPE REHABILITATION PROJECT
TO ERA VALDIVIA CONTRACTORS, INC. OF CHICAGO, ILLINOIS
WHEREAS, the Village is the record title owner of that certain property commonly
known as 7015-17 North Central Park Avenue, which property is improved with a 1.5-million-
gallon water standpipe (“Standpipe”); and
WHEREAS, the Village has identified the need to rehabilitate the Standpipe, including
repainting the interior and exterior of the standpipe and installing new safety features, as part of
its regular maintenance and upkeep (“Standpipe Rehabilitation Project”); and
WHEREAS, the Village sought bids for the award of a contract for the Standpipe
Rehabilitation Project (“Contract”); and
WHEREAS, Era Valdivia Contractors, Inc., of Chicago, Illinois (“Contractor"), was the
low responsible bidder of the firms that submitted bid packages to the Village; and
WHEREAS, the Village President and Board of Trustees have determined that entering
into the Contract with Contractor will serve and be in the best interest of the Village;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LINCOLNWOOD, COOK COUNTY, ILLINOIS, as
follows:
SECTION 1. RECITALS. The facts and statements contained in the preamble to this
Resolution are found to be true and correct and are hereby adopted as part of this Resolution.
SECTION 2. APPROVAL OF CONTRACT. The Contract by and between the Village
and Contractor is hereby approved in substantially the form attached to this Resolution as
Exhibit A.
SECTION 3. EXECUTION OF CONTRACT. The Village Manager and the Village
Clerk are hereby authorized and directed to execute and attest, on behalf of the Village, the
Contract upon receipt by the Village Clerk of at least one original copy of the Contract executed
by Contractor; provided, however, that if the executed copy of the Contract is not received by
the Village Clerk within 60 days after the effective date of this Resolution, then this authority to
execute and attest will, at the option of the President and Board of Trustees, be null and void.
SECTION 4. EFFECTIVE DATE. This Resolution will be in full force and effect from
and after its passage and approval as provided by law.
[SIGNATURE PAGE FOLLOWS]
PASSED this ___ day of January, 2019.
AYES: ______
NAYS:
ABSENT:
ABSTENTION:
APPROVED by me this _____ day of January, 2019.
_______________________________________
Barry I. Bass, President
Village of Lincolnwood, Cook County, Illinois
ATTESTED and FILED in my office this
_____ day of _________, 2019
Beryl Herman, Village Clerk
Village of Lincolnwood, Cook County, Illinois
EXHIBIT A
CONTRACT
CONTRACT BETWEEN
VILLAGE OF LINCOLNWOOD
AND
ERA VALDIVIA CONTRACTORS, INC.
FOR THE CONSTRUCTION OF
1.5 MG STANDPIPE PAINTING AND REHABILITATION PROJECT
TABLE OF CONTENTS
Page
ARTICLE I .....................................................................................................................................1
1.1 PERFORMANCE OF THE WORK .......................................................................................1
1.2 COMMENCEMENT AND COMPLETION DATES .................................................................2
1.3 REQUIRED SUBMITTALS ..................................................................................................2
1.4 REVIEW AND INTERPRETATION OF CONTRACT PROVISIONS ........................................3
1.5 CONDITIONS AT THE WORK SITE; RECORD DRAWINGS ................................................3
1.6 TECHNICAL ABILITY TO PERFORM ................................................................................4
1.7 FINANCIAL ABILITY TO PERFORM ..................................................................................4
1.8 TIME.................................................................................................................................4
1.9 SAFETY AT THE WORK SITE ...........................................................................................4
1.10 CLEANLINESS OF THE WORK SITE AND ENVIRONS ........................................................5
1.11 DAMAGE TO THE WORK, THE WORK SITE, AND OTHER PROPERTY ............................5
1.12 SUBCONTRACTORS AND SUPPLIERS ................................................................................5
1.13 SIMULTANEOUS WORK BY OTHERS ...............................................................................6
1.14 OCCUPANCY PRIOR TO FINAL PAYMENT .......................................................................6
1.15 OWNER'S RIGHT TO TERMINATE OR SUSPEND WORK FOR CONVENIENCE ..................6
ARTICLE II ...................................................................................................................................6
2.1 CHANGES .........................................................................................................................6
2.2 DELAYS ............................................................................................................................7
ARTICLE III..................................................................................................................................7
3.1 INSPECTION; TESTING; CORRECTION OF DEFECTS .......................................................7
3.2 WARRANTY OF WORK ....................................................................................................7
3.3 OWNER'S RIGHT TO CORRECT .......................................................................................8
ARTICLE IV ..................................................................................................................................8
4.1 BONDS ..............................................................................................................................8
4.2 INSURANCE ......................................................................................................................8
4.3 INDEMNIFICATION ...........................................................................................................9
ARTICLE V ...................................................................................................................................9
5.1 CONTRACT PRICE ............................................................................................................9
5.2 TAXES AND BENEFITS ......................................................................................................9
5.3 PROGRESS PAYMENTS .....................................................................................................9
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5.4 FINAL ACCEPTANCE AND FINAL PAYMENT ..................................................................10
5.5 LIENS .............................................................................................................................10
5.6 DEDUCTIONS ..................................................................................................................11
ARTICLE VI ................................................................................................................................12
6.1 DISPUTE RESOLUTION PROCEDURE .............................................................................12
6.2 CONTRACTOR'S REMEDIES ...........................................................................................12
6.3 OWNER'S REMEDIES .....................................................................................................12
6.4 OWNER'S SPECIAL REMEDY FOR DELAY .....................................................................14
6.5 TERMINATIONS AND SUSPENSIONS DEEMED FOR CONVENIENCE ...............................14
ARTICLE VII ..............................................................................................................................14
7.1 BINDING EFFECT ...........................................................................................................14
7.2 RELATIONSHIP OF THE PARTIES ...................................................................................14
7.3 NO COLLUSION ..............................................................................................................14
7.4 ASSIGNMENT ..................................................................................................................15
7.5 CONFIDENTIAL INFORMATION......................................................................................15
7.6 NO WAIVER ...................................................................................................................15
7.7 NO THIRD PARTY BENEFICIARIES ................................................................................15
7.8 NOTICES .........................................................................................................................15
7.9 GOVERNING LAWS ........................................................................................................16
7.10 CHANGES IN LAWS ........................................................................................................16
7.11 COMPLIANCE WITH LAWS ............................................................................................16
7.12 COMPLIANCE WITH PATENTS .......................................................................................17
7.13 TIME OF THE ESSENCE ..................................................................................................17
7.14 CALENDAR DAYS AND TIME .........................................................................................17
7.15 SEVERABILITY ...............................................................................................................17
7.16 ENTIRE AGREEMENT .....................................................................................................18
7.17 AMENDMENTS AND MODIFICATIONS ............................................................................18
CONTRACTOR'S CERTIFICATION
ATTACHMENT A - Supplemental Schedule of Contract Terms
ATTACHMENT A1- Schedule of Contract Prices
ATTACHMENT B - Specifications
ATTACHMENT C - List of Drawings
ATTACHMENT D – Special Project Requirements
APPENDIX 1 - Prevailing Wage Ordinance
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In consideration of the mutual promises set forth below, the VILLAGE OF
LINCOLNWOOD, 6900 North Lincoln Avenue, Lincolnwood, Illinois, 60712, a municipal
corporation (“Owner”), and Era Valdivia Contractors, Inc., 11909 South Avenue O, Chicago,
Illinois 60617 an Illinois corporation (“Contractor”), make this Contract as of the __________
day of ______________________, 2019, and hereby agree as follows:
ARTICLE I
THE WORK
1.1 Performance of the Work
Contractor shall, at its sole cost and expense, provide, perform, and complete all of the
following, all of which is herein referred to as the “Work”:
1. Labor, Equipment, Materials, and Supplies. Provide, perform, and complete, in
the manner described and specified in this Contract, all necessary work, labor, services,
transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water,
waste disposal, information, data, and other means and items necessary to accomplish the Project
at the Work Site, both as defined in Attachment A, in accordance with the specifications attached
hereto as Attachment B, the drawings identified in the list attached hereto as Attachment C4, and
the Special Project Requirements attached hereto as Attachment D.
2. Permits. Except as otherwise provided in Attachment A, procure and furnish all
permits, licenses, and other governmental approvals and authorizations necessary in connection
therewith.
3. Bonds and Insurance. Procure and furnish all Bonds and all certificates and
policies of insurance specified in this.
4. Taxes. Pay all applicable federal, state, and local taxes.
5. Miscellaneous. Do all other things required of Contractor by this Contract,
including, without limitation, arranging for utility and other services needed for the work and for
testing, including the installation of temporary utility lines, wiring, switches, fixtures, hoses,
connections, and meters, and providing sufficient sanitary conveniences and shelters to
accommodate all workers and all personnel of Owner engaged in the Work.
6. Quality. Provide, perform and complete all of the foregoing in a proper and
workmanlike manner, consistent with the highest standards of professional and construction
practices and in full compliance with, and as required by or pursuant to, this Contract, and with
the greatest economy, efficiency, and expedition consistent therewith, with only new,
undamaged and first quality equipment, materials, and supplies.
1.2 Commencement and Completion Dates
Contractor shall commence the Work not later than the “Commencement Date” set forth
on Attachment A and shall diligently and continuously prosecute the Work at such a rate as will
allow the Work to be fully provided, performed, and completed in full compliance with this
Contract not later than the “Completion Date” set forth in Attachment A. The time of
commencement, rate of progress, and time of completion are referred to in this Contract as the
“Contract Time.”
1.3 Required Submittals
A. Submittals Required. Contractor shall submit to Owner all documents, data, and
information specifically required to be submitted by Contractor under this Contract and shall, in
addition, submit to Owner all such drawings, specifications, descriptive information, and
engineering documents, data, and information as may be required, or as may be requested by
Owner, to show the details of the Work, including a complete description of all equipment,
materials, and supplies to be provided under this Contract (“Required Submittals”). Such details
shall include, but shall not be limited to, design data, structural and operating features, principal
dimensions, space required or provided, clearances required or provided, type and brand of
finish, and all similar matters, for all components of the Work.
B. Number and Format. Contractor shall provide three complete sets for each
Required Submittal. All Required Submittals, except drawings, shall be prepared on 8-1/2 inch
by 11-inch paper. Two blueline prints and one sepia transparency of each drawing shall be
provided. All prints of drawings shall be folded to 8-1/2 inches by 11 inches, or less. All
drawings shall be clearly marked in the lower right-hand corner with the names of Owner and
Contractor.
C. Time of Submission and Owner's Review. All Required Submittals shall be
provided to Owner no later than the time, if any, specified in this Contract for their submission
or, if no time for submission is specified, in sufficient time, in Owner's sole opinion, to permit
Owner to review the same prior to the commencement of the part of the Work to which they
relate and prior to the purchase of any equipment, materials, or supplies that they describe.
Owner shall have the right to require such corrections as may be necessary to make such
submittals conform to this Contract. All such submittals shall, after final processing and review
with no exception noted by Owner, become a part of this Contract. No Work related to any
submittal shall be performed by Contractor until Owner has completed review of such submittal
with no exception noted. Owner's review and stamping of any Required Submittal shall be for
the sole purpose of examining the general management, design, and details of the proposed
Work, shall not relieve Contractor of the entire responsibility for the performance of the Work in
full compliance with, and as required by or pursuant to this Contract, and shall not be regarded as
any assumption of risk or liability by Owner.
D. Responsibility for Delay. Contractor shall be responsible for any delay in the
Work due to delay in providing Required Submittals conforming to this Contract.
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1.4 Review and Interpretation of Contract Provisions
Contractor represents and warrants that it has carefully reviewed this Contract, including
all of its Attachments, and the drawings identified in Attachment C, all of which are by this
reference incorporated into and made a part of this Contract. Contractor shall, at no increase in
the Contract Price, provide workmanship, equipment, materials, and supplies that fully conform
to this Contract. Whenever any equipment, materials or supplies are specified or described in
this Contract by using the name or other identifying feature of a proprietary product or the name
or other identifying feature of a particular manufacturer or vendor, the specific item mentioned
shall be understood as establishing the type, function and quality desired. Other manufacturers'
or vendors' products may be accepted, provided that the products proposed are equivalent in
substance and function to those named as determined by Owner in its sole and absolute
discretion.
Contractor shall promptly notify Owner of any discrepancy, error, omission, ambiguity,
or conflict among any of the provisions of this Contract before proceeding with any Work
affected thereby. If Contractor fails to give such notice to Owner, then the subsequent decision
of Owner as to which provision of this Contract shall govern shall be final, and any corrective
work required shall not entitle Contractor to any damages, to any compensation in excess of the
Contract Price, or to any delay or extension of the Contract Time.
When the equipment, materials, or supplies furnished by Contractor cannot be installed as
specified in this Contract, Contractor shall, without any increase in the Contract Price, make all
modifications required to properly install the equipment, materials, or supplies. Any such
modification shall be subject to the prior review and consent of Owner.
1.5 Conditions at the Work Site; Record Drawings
Contractor represents and warrants that it has had a sufficient opportunity to conduct a
thorough investigation of the Work Site and the surrounding area and has completed such
investigation to its satisfaction. Contractor shall have no claim for damages, for compensation in
excess of the Contract Price, or for a delay or extension of the Contract Time based upon
conditions found at, or in the vicinity of, the Work Site. When information pertaining to
subsurface, underground or other concealed conditions, soils analysis, borings, test pits, utility
locations or conditions, buried structures, condition of existing structures, and other
investigations is or has been provided by Owner, or is or has been otherwise made available to
Contractor by Owner, such information is or has been provided or made available solely for the
convenience of Contractor and is not part of this Contract. Owner assumes no responsibility
whatever in respect to the sufficiency or accuracy of such information, and there is no guaranty
or warranty, either expressed or implied, that the conditions indicated are representative of those
existing throughout the Work or the Work Site, or that the conditions indicated are representative
of those existing at any particular location, or that the conditions indicated may not change, or
that unanticipated conditions may not be present.
Contractor shall be solely responsible for locating all existing underground installations
by prospecting no later than two workdays prior to any scheduled excavation or trenching,
whichever is earlier. Contractor shall check all dimensions, elevations, and quantities indicated
in this Contract within the same time period as set forth above for prospecting underground
installations. Contractor shall lay out the Work in accordance with this Contract and shall
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establish and maintain such locations, lines and levels. Wherever pre-existing work is
encountered, Contractor shall verify and be responsible for dimensions and location of such pre-
existing work. Contractor shall notify Owner of any discrepancy between the dimensions,
elevations and quantities indicated in this Contract and the conditions of the Work Site or any
other errors, omissions or discrepancies which Contract may discover during such inspections.
Full instructions will be furnished by Owner should such error, omission, or discrepancy be
discovered, and Contractor shall carry out such instructions as if originally specified and without
any increase in Contract Price.
Before Final Acceptance of the Work, Contractor shall submit to Owner two sets of
Drawings of Record, unless a greater number is specified elsewhere in this Contract, indicating
al field deviations from Attachment B or the drawings identified in Attachment C.
1.6 Technical Ability to Perform
Contractor represents and warrants that it is sufficiently experienced and competent, and
has the necessary capital, facilities, plant, organization, and staff, to provide, perform and
complete the Work in full compliance with, and as required by or pursuant to, this Contract.
1.7 Financial Ability to Perform
Contractor represents and warrants that it is financially solvent, and Contractor has the
financial resources necessary to provide, perform and complete the Work in full compliance
with, and as required by or pursuant to, this Contract.
1.8 Time
Contractor represents and warrants that it is ready, willing, able and prepared to begin the
Work on the Commencement Date and that the Contract Time is sufficient time to permit
completion of the Work in full compliance with, and as required by or pursuant to, this Contract
for the Contract Price, all with due regard to all natural and man-made conditions that may affect
the Work or the Work Site and all difficulties, hindrances, and delays that may be incident to the
Work.
1.9 Safety at the Work Site
Contractor shall be solely and completely responsible for providing and maintaining safe
conditions at the Work Site, including the safety of all persons and property during performance
of the Work. This requirement shall apply continuously and shall not be limited to normal
working hours. Contractor shall take all safety precautions as shall be necessary to comply with
all applicable laws and to prevent injury to persons and damage to property.
Contractor shall conduct all of its operations without interruption or interference with
vehicular and pedestrian traffic on public and private rights-of-way, unless it has obtained
permits therefore from the proper authorities. If any public or private right-of-way shall be
rendered unsafe by Contractor's operations, Contractor shall make such repairs or provide such
temporary ways or guards as shall be acceptable to the proper authorities.
4
1.10 Cleanliness of the Work Site and Environs
Contractor shall keep the Work Site and adjacent areas clean at all times during
performance of the Work and shall, upon completion of the Work, leave the Work Site and
adjacent areas in a clean and orderly condition.
1.11 Damage to the Work, the Work Site, and Other Property
The Work and everything pertaining thereto shall be provided, performed, completed,
and maintained at the sole risk and cost of Contractor from the Commencement Date until Final
Payment. Contractor shall be fully responsible for the protection of all public and private
property and all persons. Without limiting the foregoing, Contractor shall, at its own cost and
expense, provide all permanent and temporary shoring, anchoring and bracing required by the
nature of the Work in order to make all parts absolutely stable and rigid, even when such
shoring, anchoring and bracing is not explicitly specified, and support and protect all buildings,
bridges, roadways, conduits, wires, water pipes, gas pipes, sewers, pavements, curbs, sidewalks,
fixtures and landscaping of all kinds and all other public or private property that may be
encountered or endangered in providing, performing and completing the Work. Contractor shall
have no claim against Owner because of any damage or loss to the Work or to Contractor's
equipment, materials, or supplies from any cause whatsoever, including damage or loss due to
simultaneous work by others. Contractor shall, promptly and without charge to Owner, repair or
replace, to the satisfaction of Owner, any damage done to, and any loss suffered by, the Work
and any damage done to, and any loss suffered by, the Work Site or other property as a result of
the Work. Notwithstanding any other provision of this Contract, Contractor's obligations under
this Section shall exist without regard to, and shall not be construed to be waived by, the
availability or unavailability of any insurance, either of Owner or Contractor, to indemnify, hold
harmless, or reimburse Contractor for the cost of any repair or replacement work required by this
Section.
1.12 Subcontractors and Suppliers
A. Approval and Use of Subcontractors and Suppliers. Contractor shall perform the
Work with its own personnel and under the management, supervision, and control of its own
organization unless otherwise approved by Owner in writing. All subcontractors, suppliers, and
subcontracts used by Contractor shall be acceptable to, and approved in advance by, Owner.
Owner's approval of any subcontractor, supplier, and subcontract shall not relieve Contractor of
full responsibility and liability for the provision, performance, and completion of the Work in
full compliance with, and as required by or pursuant to, this Contract. All Work performed
under any subcontract shall be subject to all of the provisions of this Contract in the same
manner as if performed by employees of Contractor. Every reference in this Contract to
“Contractor” shall be deemed also to refer to all subcontractors and suppliers of Contractor.
Every subcontract shall include a provision binding the subcontractor or supplier to all
provisions of this Contract.
B. Removal of Subcontractors and Suppliers. If any subcontractor or supplier fails
to perform the part of the Work undertaken by it in a manner satisfactory to Owner, Contractor
shall immediately upon notice from Owner terminate such subcontractor or supplier. Contractor
shall have no claim for damages, for compensation in excess of the Contract Price, or for a delay
or extension of the Contract Time as a result of any such termination.
5
1.13 Simultaneous Work By Others
Owner shall have the right to perform or have performed such other work, as Owner may
desire in, about, or near the Work Site during the performance of the Work by Contractor.
Contractor shall make every reasonable effort to perform the Work in such manner as to enable
both the Work and such other work to be completed without hindrance or interference from each
other. Contractor shall afford Owner and other contractors reasonable opportunity for the
execution of such other work and shall properly coordinate the Work with such other work.
1.14 Occupancy Prior to Final Payment
Owner shall have the right, at its election, to occupy, use, or place in service any part of
the Work prior to Final Payment. Such occupancy, use, or placement in service shall be
conducted in such manner as not to damage any of the Work or to unreasonably interfere with
the progress of the Work. No such occupancy, use, or placement in service shall be construed as
an acceptance of any of the Work or a release or satisfaction of Contractor's duty to insure and
protect the Work, not shall it, unless conducted in an unreasonable manner, be considered as an
interference with Contractor's provision, performance, or completion of the Work.
1.15 Owner's Right to Terminate or Suspend Work for Convenience
A. Termination or Suspension for Convenience. Owner shall have the right, for its
convenience, to terminate or suspend the Work in whole or in part at any time by written notice
to Contractor. Every such notice shall state the extent and effective date of such termination or
suspension. On such effective date, Contractor shall, as and to the extent directed, stop Work
under this Contract, cease all placement of further orders or subcontracts, terminate or suspend
Work under existing orders and subcontracts, cancel any outstanding orders or subcontracts that
may be cancelled, and take any action necessary to protect any property in its possession in
which Owner has or may acquire any interest and to dispose of such property in such manner as
may be directed by Owner.
B. Payment for Completed Work. In the event of any termination pursuant to
Subsection 1.15A above, Owner shall pay Contractor (1) such direct costs, excluding overhead,
as Contractor shall have paid or incurred for all Work done in compliance with, and as required
by or pursuant to, this Contract up to the effective date of termination together with ten percent
of such costs for overhead and profit; and (2) such other costs pertaining to the Work, exclusive
of overhead and profit, as Contractor may have reasonably and necessarily incurred as the result
of such termination. Any such payment shall be offset by any prior payment or payments and
shall be subject to Owner's rights to withhold and deduct as provided in this Contract.
ARTICLE II
CHANGES AND DELAYS
2.1 Changes
Owner shall have the right, by written order executed by Owner, to make changes in the
Contract, the Work, the Work Site, and the Contract Time (“Change Order”). If any Change
Order causes an increase or decrease in the amount of the Work, an equitable adjustment in the
Contract Price or Contract Time may be made. All claims by Contractor for an equitable
adjustment in either the Contract Price or the Contract Time shall be made within two business
6
days following receipt of such Change Order, and shall, if not made prior to such time, be
conclusively deemed to have been waived. No decrease in the amount of the Work caused by
any Change Order shall entitle Contractor to make any claim for damages, anticipated profits, or
other compensation.
2.2 Delays
A. Extensions for Unavoidable Delays. For any delay that may result from causes
that could not be avoided or controlled by Contractor, Contractor shall, upon timely written
application, be entitled to issuance of a Change Order providing for an extension of the Contract
Time for a period of time equal to the delay resulting from such unavoidable cause. No
extension of the Contract Time shall be allowed for any other delay in completion of the Work.
B. No Compensation for Delays. No payment, compensation, damages, or
adjustment of any kind, other than the extension of the Contract Time provided in Subsection
2.2A above, shall be made to, or claimed by, Contractor because of hindrances or delays from
any cause in the commencement, prosecution, or completion of the Work, whether caused by
Owner or any other party and whether avoidable or unavoidable.
ARTICLE III
CONTRACTOR'S RESPONSIBILITY FOR DEFECTIVE WORK
3.1 Inspection; Testing; Correction of Defects
A. Inspection. Until Final Payment, all parts of the Work shall be subject to
inspection and testing by Owner or its designated representatives. Contractor shall furnish, at its
own expense, all reasonable access, assistance, and facilities required by Owner for such
inspection and testing.
B. Re-Inspection. Re-inspection and re-testing of any Work may be ordered by
Owner at any time, and, if so ordered, any covered or closed Work shall be uncovered or opened
by Contractor. If the Work is found to be in full compliance with this Contract, then Owner shall
pay the cost of uncovering, opening, re-inspecting, or re-testing, as the case may be. If such
Work is not in full compliance with this Contract, then Contractor shall pay such cost.
C. Correction. Until Final Payment, Contractor shall, promptly and without charge,
repair, correct, or replace all or any part of the Work that is defective, damaged, flawed, or
unsuitable or that in any way fails to conform strictly to the requirements of this Contract.
3.2 Warranty of Work
A. Scope of Warranty. Contractor warrants that the Work and all of its components
shall be free from defects and flaws in design, workmanship, and materials; shall strictly
conform to the requirements of this Contract; and shall be fit, sufficient and suitable for the
purposes expressed in, or reasonably inferred from, this Contract. The warranty herein expressed
shall be in addition to any other warranties expressed in this Contract, or expressed or implied by
law, which are hereby reserved unto Owner.
B. Repairs; Extension of Warranty. Contractor shall, promptly and without charge,
correct any failure to fulfill the above warranty that may be discovered or develop at any time
7
within one year after Final Payment or such longer period as may be prescribed in Attachment B
or Attachment D to this Contract or by law. The above warranty shall be extended automatically
to cover all repaired and replacement parts and labor provided or performed under such warranty
and Contractor's obligation to correct Work shall be extended for a period of one year from the
date of such repair or replacement. The time period established in this Subsection 3.2B relates
only to the specific obligation of Contractor to correct Work and shall not be construed to
establish a period of limitation with respect to other obligations that Contractor has under this
Contract.
C. Subcontractor and Supplier Warranties. Whenever Attachment B or Attachment
D requires a subcontractor or supplier to provide a guaranty or warranty, Contractor shall be
solely responsible for obtaining said guaranty or warranty in form satisfactory to Owner and
assigning said warranty or guaranty to Owner. Acceptance of any assigned warranties or
guaranties by Owner shall be a precondition to Final Payment and shall not relieve Contractor of
any of its guaranty or warranty obligations under this Contract.
3.3 Owner's Right to Correct
If, within two business days after Owner gives Contractor notice of any defect, damage,
flaw, unsuitability, nonconformity, or failure to meet warranty subject to correction by
Contractor pursuant to Section 3.1 or Section 3.2 of this Contract, Contractor neglects to make,
or undertake with due diligence to make, the necessary corrections, then Owner shall be entitled
to make, either with its own forces or with contract forces, the corrections and to recover from
Contractor all resulting costs, expenses, losses, or damages, including attorneys' fees and
administrative expenses.
ARTICLE IV
FINANCIAL ASSURANCES
4.1 Bonds
Contemporaneous with Contractor's execution of this Contract, Contractor shall provide a
Performance Bond and a Labor and Material Payment Bond, on forms provided by, or otherwise
acceptable to, Owner, from a surety company licensed to do business in the State of Illinois with
a general rating of A minus and a financial size category of Class X or better in Best's Insurance
Guide, each in the penal sum of the Contract Price (“Bonds”). Contractor shall, at all times
while providing, performing, or completing the Work, including, without limitation, at all times
while correcting any failure to meet warranty pursuant to Section 3.2 of this Contract, maintain
and keep in force, at Contractor's expense, the Bonds required hereunder.
4.2 Insurance
Contemporaneous with Contractor's execution of this Contract, Contractor shall provide
certificates and policies of insurance evidencing the minimum insurance coverage and limits set
forth in Attachment A. For good cause shown, Owner may extend the time for submission of the
required policies of insurance upon such terms, and with such assurances of complete and
prompt performance, as Owner may impose in the exercise of its sole discretion. Such policies
shall be in a form, and from companies, acceptable to Owner. Such insurance shall provide that
no change, modification in, or cancellation of any insurance shall become effective until the
8
expiration of 30 days after written notice thereof shall have been given by the insurance
company to Owner. Contractor shall, at all times while providing, performing, or completing the
Work, including, without limitation, at all times while correcting any failure to meet warranty
pursuant to Section 3.2 of this Contract, maintain and keep in force, at Contractor's expense, the
minimum insurance coverage and limits set forth in Attachment A.
4.3 Indemnification
Contractor shall indemnify, save harmless, and defend Owner and Christopher B. Burke
Engineering, Ltd. against any and all lawsuits, claims, demands, damages, liabilities, losses, and
expenses, including attorneys' fees and administrative expenses, that may arise, or be alleged to
have arisen, out of or in connection with Contractor's performance of, or failure to perform, the
Work or any part thereof, whether or not due or claimed to be due in whole or in part to the
active, passive, or concurrent negligence or fault of Contractor, except to the extent caused by
the sole negligence of Owner or Christopher B. Burke Engineering, Ltd.
ARTICLE V
PAYMENT
5.1 Contract Price
Owner shall pay to Contractor, in accordance with and subject to the terms and
conditions set forth in this Article V and Attachment A, and Contractor shall accept in full
satisfaction for providing, performing, and completing the Work, the amount or amounts set
forth in Attachment A (“Contract Price”), subject to any additions, deductions, or withholdings
provided for in this Contract.
5.2 Taxes and Benefits
Owner is exempt from and shall not be responsible to pay, or reimburse Contractor for,
any state or local sales, use, or excise taxes. The Contract Price includes all other applicable
federal, state, and local taxes of every kind and nature applicable to the Work as well as all taxes,
contributions, and premiums for unemployment insurance, old age or retirement benefits,
pensions, annuities, or other similar benefits. All claim or right to claim additional compensation
by reason of the payment of any such tax, contribution, or premium is hereby waived and
released by Contractor.
5.3 Progress Payments
A. Payment in Installments. The Contract Price shall be paid in monthly installments
in the manner set forth in Attachment A (“Progress Payments”).
B. Pay Requests. Contractor shall, as a condition precedent to its right to receive
each Progress Payment, submit to Owner a pay request in the form provided by Owner (“Pay
Request”). The first Pay Request shall be submitted not sooner than 60 days following
commencement of work. Owner may, by written notice to Contractor, designate a specific day
of each month on or before which Pay Requests must be submitted. Each Pay Request shall
include (a) Contractor's certification of the value of, and partial or final waivers of lien covering,
all Work for which payment is then requested and (b) Contractor's certification that all prior
9
Progress Payments have been properly applied to the payment or reimbursement of the costs
with respect to which they were paid.
C. Work Entire. This Contract and the Work are entire and the Work as a whole is
of the essence of this Contract. Notwithstanding any other provision of this Contract, each and
every part of this Contract and of the Work are interdependent and common to one another and
to Owner's obligation to pay all or any part of the Contract Price or any other consideration for
the Work. Any and all Progress Payments made pursuant to this Article are provided merely for
the convenience of Contractor and for no other purpose.
5.4 Final Acceptance and Final Payment
A. Notice of Completion. When the Work has been completed and is ready in all
respects for acceptance by Owner, Contractor shall notify Owner and request a final inspection
(“Notice of Completion”). Contractor's Notice of Completion shall be given sufficiently in
advance of the Completion Date to allow for scheduling of the final inspection and for
completion or correction before the Completion Date of any items identified by such inspection
as being defective, damaged, flawed, unsuitable, nonconforming, incomplete, or otherwise not in
full compliance with, or as required by or pursuant to, this Contract (“Punch List Work”).
B. Punch List and Final Acceptance. The Work shall be finally accepted when, and
only when, the whole and all parts thereof shall have been completed to the satisfaction of
Owner in full compliance with, and as required by or pursuant to, this Contract. Upon receipt of
Contractor's Notice of Completion, Owner shall make a review of the Work and notify
Contractor in writing of all Punch List Work, if any, to be completed or corrected. Following
Contractor's completion or correction of all Punch List Work, Owner shall make another review
of the Work and prepare and deliver to Contractor either a written notice of additional Punch List
Work to be completed or corrected or a written notice of final acceptance of the Work (“Final
Acceptance”).
C. Final Payment. As soon as practicable after Final Acceptance, Contractor shall
submit to Owner a properly completed final Pay Request in the form provided by Owner (“Final
Pay Request”). Owner shall pay to Contractor the balance of the Contract Price, after deducting
therefrom all charges against Contractor as provided for in this Contract (“Final Payment”).
Final Payment shall be made not later than 60 days after Owner approves the Final Pay Request.
The acceptance by Contractor of Final Payment shall operate as a full and complete release of
Owner of and from any and all lawsuits, claims, demands, damages, liabilities, losses, and
expenses of, by, or to Contractor for anything done, furnished for, arising out of, relating to, or in
connection with the Work or for or on account of any act or neglect of Owner arising out of,
relating to, or in connection with the Work.
5.5 Liens
A. Title. Nothing in this Contract shall be construed as vesting in Contractor any
right of property in any equipment, materials, supplies, and other items provided under this
Contract after they have been installed in, incorporated into, attached to, or affixed to, the Work
or the Work Site. All such equipment, materials, supplies, and other items shall, upon being so
installed, incorporated, attached or affixed, become the property of Owner, but such title shall
10
not release Contractor from its duty to insure and protect the Work in accordance with the
requirements of this Contract.
B. Waivers of Lien. Contractor shall, from time to time at Owner's request and in
any event prior to Final Payment, furnish to Owner such receipts, releases, affidavits, certificates,
and other evidence as may be necessary to establish, to the reasonable satisfaction of Owner, that
no lien against the Work or the public funds held by Owner exists in favor of any person
whatsoever for or by reason of any equipment, material, supplies, or other item furnished, labor
performed, or other thing done in connection with the Work or this Contract (“Lien”) and that no
right to file any Lien exists in favor of any person whatsoever.
C. Removal of Liens. If at any time any notice of any Lien is filed, then Contractor
shall, promptly and without charge, discharge, remove, or otherwise dispose of such Lien. Until
such discharge, removal, or disposition, Owner shall have the right to retain from any money
payable hereunder an amount that Owner, in its sole judgment, deems necessary to satisfy such
Lien and to pay the costs and expenses, including attorneys' fees and administrative expenses, of
any actions brought in connection therewith or by reason thereof.
D. Protection of Owner Only. This Section shall not operate to relieve Contractor's
surety or sureties from any of their obligations under the Bonds, nor shall it be deemed to vest
any right, interest, or entitlement in any subcontractor or supplier. Owner's retention of funds
pursuant to this Section shall be deemed solely for the protection of its own interests pending
removal of such Liens by Contractor, and Owner shall have no obligation to apply such funds to
such removal but may, nevertheless, do so where Owner's interests would thereby be served.
5.6 Deductions
A. Owner's Right to Withhold. Notwithstanding any other provision of this Contract
and without prejudice to any of Owner's other rights or remedies, Owner shall have the right at
any time or times, whether before or after approval of any Pay Request, to deduct and withhold
from any Progress or Final Payment that may be or become due under this Contract such amount
as may reasonably appear necessary to compensate Owner for any actual or prospective loss due
to: (1) Work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete;
(2) damage for which Contractor is liable under this Contract; (3) state or local sales, use, or
excise taxes from which Owner is exempt; (4) Liens or claims of Lien regardless of merit;
(5) claims of subcontractors, suppliers, or other persons regardless of merit; (6) delay in the
progress or completion of the Work; (7) inability of Contractor to complete the Work; (8) failure
of Contractor to properly complete or document any Pay Request; (9) any other failure of
Contractor to perform any of its obligations under this Contract; or (10) the cost to Owner,
including attorneys' fees and administrative costs, of correcting any of the aforesaid matters or
exercising any one or more of Owner's remedies set forth in Section 6.3 of this Contract.
B. Use of Withheld Funds. Owner shall be entitled to retain any and all amounts
withheld pursuant to Subsection 5.6A above until Contractor shall have either performed the
obligations in question or furnished security for such performance satisfactory to Owner. Owner
shall be entitled to apply any money withheld or any other money due Contractor under this
Contract to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits,
judgments, awards, attorneys' fees and administrative expenses incurred, suffered, or sustained
by Owner and chargeable to Contractor under this Contract.
11
ARTICLE VI
DISPUTES AND REMEDIES
6.1 Dispute Resolution Procedure
A. Notice of Disputes and Objections. If Contractor disputes or objects to any
requirement, direction, instruction, interpretation, determination, or decision of Owner,
Contractor may notify Owner in writing of its dispute or objection and of the amount of any
equitable adjustment to the Contract Price or Contract Time to which Contractor claims it will be
entitled as a result thereof; provided, however, that Contractor shall, nevertheless, proceed
without delay to perform the Work as required, directed, instructed, interpreted, determined, or
decided by Owner, without regard to such dispute or objection. Unless Contractor so notifies
Owner within two business days after receipt of such requirement, direction, instruction,
interpretation, determination, or decision, Contractor shall be conclusively deemed to have
waived all such disputes or objections and all claims based thereon.
B. Negotiation of Disputes and Objections. To avoid and settle without litigation
any such dispute or objection, Owner and Contractor agree to engage in good faith negotiations.
Within three business days after Owner's receipt of Contractor's written notice of dispute or
objection, a conference between Owner and Contractor shall be held to resolve the dispute.
Within three business days after the end of the conference, Owner shall render its final decision,
in writing, to Contractor. If Contractor objects to the final decision of Owner, then it shall,
within three business days, give Owner notice thereof and, in such notice, shall state its final
demand for settlement of the dispute. Unless Contractor so notifies Owner, Contractor shall be
conclusively deemed (1) to have agreed to and accepted Owner's final decision and (2) to have
waived all claims based on such final decision.
6.2 Contractor's Remedies
If Owner fails or refuses to satisfy a final demand made by Contractor pursuant to
Section 6.1 of this Contract, or to otherwise resolve the dispute which is the subject of such
demand to the satisfaction of Contractor, within ten days following receipt of such demand, then
Contractor shall be entitled to pursue such remedies, not inconsistent with the provisions of this
Contract, as it may have in law or equity.
6.3 Owner's Remedies
If it should appear at any time prior to Final Payment that Contractor has failed or refused
to prosecute, or has delayed in the prosecution of, the Work with diligence at a rate that assures
completion of the Work in full compliance with the requirements of this Contract on or before
the Completion Date, or has attempted to assign this Contract or Contractor's rights under this
Contract, either in whole or in part, or has falsely made any representation or warranty in this
Contract, or has otherwise failed, refused, or delayed to perform or satisfy any other requirement
of this Contract or has failed to pay its debts as they come due (“Event of Default”), and has
failed to cure any such Event of Default within five business days after Contractor's receipt of
written notice of such Event of Default, then Owner shall have the right, at its election and
without prejudice to any other remedies provided by law or equity, to pursue any one or more of
the following remedies:
12
1. Owner may require Contractor, within such reasonable time
as may be fixed by Owner, to complete or correct all or any
part of the Work that is defective, damaged, flawed,
unsuitable, nonconforming, or incomplete; to remove from
the Work Site any such Work; to accelerate all or any part
of the Work; and to take any or all other action necessary to
bring Contractor and the Work into strict compliance with
this Contract.
2. Owner may perform or have performed all Work necessary
for the accomplishment of the results stated in Paragraph 1
above and withhold or recover from Contractor all the cost
and expense, including attorneys' fees and administrative
costs, incurred by Owner in connection therewith.
3. Owner may accept the defective, damaged, flawed,
unsuitable, nonconforming, incomplete, or dilatory Work
or part thereof and make an equitable reduction in the
Contract Price.
4. Owner may terminate this Contract without liability for
further payment of amounts due or to become due under
this Contract.
5. Owner may, without terminating this Contract, terminate
Contractor's rights under this Contract and, for the purpose
of completing or correcting the Work, evict Contractor and
take possession of all equipment, materials, supplies, tools,
appliances, plans, specifications, schedules, manuals,
drawings, and other papers relating to the Work, whether at
the Work Site or elsewhere, and either complete or correct
the Work with its own forces or contracted forces, all at
Contractor's expense.
6. Upon any termination of this Contract or of Contractor's
rights under this Contract, and at Owner's option exercised
in writing, any or all subcontracts and supplier contracts of
Contractor shall be deemed to be assigned to Owner
without any further action being required, but Owner shall
not thereby assume any obligation for payments due under
such subcontracts and supplier contracts for any Work
provided or performed prior to such assignment.
7. Owner may withhold from any Progress Payment or Final
Payment, whether or not previously approved, or may
recover from Contractor, any and all costs, including
attorneys' fees and administrative expenses, incurred by
Owner as the result of any Event of Default or as a result of
13
actions taken by Owner in response to any Event of
Default.
8. Owner may recover any damages suffered by Owner.
6.4 Owner's Special Remedy for Delay
If the Work is not completed by Contractor, in full compliance with, and as required by
or pursuant to, this Contract, within the Contract Time as such time may be extended by Change
Order, then Owner may invoke its remedies under Section 6.3 of this Contract or may, in the
exercise of its sole and absolute discretion, permit Contractor to complete the Work but charge to
Contractor, and deduct from any Progress or Final Payments, whether or not previously
approved, administrative expenses and costs for each day completion of the Work is delayed
beyond the Completion Date, computed on the basis of the “Per Diem Administrative Charge”
set forth in Attachment A, as well as any additional damages caused by such delay.
6.5 Terminations and Suspensions Deemed for Convenience
Any termination or suspension of Contractor's rights under this Contract for an alleged
default that is ultimately held unjustified shall automatically be deemed to be a termination or
suspension for the convenience of Owner under Section 1.15 of this Contract.
ARTICLE VII
LEGAL RELATIONSHIPS AND REQUIREMENTS
7.1 Binding Effect
This Contract shall be binding upon Owner and Contractor and upon their respective
heirs, executors, administrators, personal representatives, and permitted successors and assigns.
Every reference in this Contract to a party shall also be deemed to be a reference to the
authorized officers, employees, agents, and representatives of such party.
7.2 Relationship of the Parties
Contractor shall act as an independent contractor in providing and performing the Work.
Nothing in, nor done pursuant to, this Contract shall be construed (1) to create the relationship of
principal and agent, partners, or joint ventures between Owner and Contractor or (2) except as
provided in Paragraph 6.3(6) above, to create any relationship between Owner and any
subcontractor or supplier of Contractor.
7.3 No Collusion
Contractor hereby represents that the only persons, firms, or corporations interested in
this Contract as principals are those disclosed to Owner prior to the execution of this Contract,
and that this Contract is made without collusion with any other person, firm, or corporation. If at
any time it shall be found that Contractor has, in procuring this Contract, colluded with any other
person, firm, or corporation, then Contractor shall be liable to Owner for all loss or damage that
Owner may suffer thereby, and this Contract shall, at Owner's option, be null and void.
14
7.4 Assignment
Contractor shall not (1) assign this Contract in whole or in part, (2) assign any of
Contractor's rights or obligations under this Contract, or (3) assign any payment due or to
become due under this Contract without the prior express written approval of Owner, which
approval may be withheld in the sole and unfettered discretion of Owner; provided, however,
that Owner's prior written approval shall not be required for assignments of accounts, as defined
in the Illinois Commercial Code, if to do so would violate Section 9-318 of the Illinois
Commercial Code, 810 ILCS 5/9-318. Owner may assign this Contract, in whole or in part, or
any or all of its rights or obligations under this Contract, without the consent of Contractor.
7.5 Confidential Information
All information supplied by Owner to Contractor for or in connection with this Contract
or the Work shall be held confidential by Contractor and shall not, without the prior express
written consent of Owner, be used for any purpose other than performance of the Work.
7.6 No Waiver
No examination, inspection, investigation, test, measurement, review, determination,
decision, certificate, or approval by Owner, nor any order by Owner for the payment of money,
nor any payment for, or use, occupancy, possession, or acceptance of, the whole or any part of
the Work by Owner, nor any extension of time granted by Owner, nor any delay by Owner in
exercising any right under this Contract, nor any other act or omission of Owner shall constitute
or be deemed to be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming
or incomplete Work, equipment, materials, or supplies, nor operate to waive or otherwise
diminish the effect of any warranty or representation made by Contractor; or of any requirement
or provision of this Contract; or of any remedy, power, or right of Owner.
7.7 No Third Party Beneficiaries
No claim as a third party beneficiary under this Contract by any person, firm, or
corporation other than Contractor shall be made, or be valid, against the Owner or the
Contractor.
7.8 Notices
All notices required or permitted to be given under this Contract shall be in writing and
shall be delivered (i) personally, (ii) by a reputable overnight courier or (iii) by certified mail,
return receipt requested, and deposited in the U.S. mail, postage prepaid. Unless otherwise
expressly provided in this Agreement, notices shall be deemed received upon the earlier of (a)
actual receipt; (b) one business day after deposit with an overnight courier as evidenced by a
receipt of deposit; or (c) three business days following deposit in the U.S. mail, as evidenced by
a return receipt. By notice complying with the requirements of this Section, each party shall
have the right to change the address or addressee, or both, for all future notices and
communications to the other party but no notice of a change of address or addressee shall be
effective until actually received. Notices and communications to the Owner shall be addressed
to, and delivered at, the following address:
15
Village of Lincolnwood
6900 North Lincoln Avenue
Lincolnwood, IL 60712
Attention: Andrew Letson, Director of Public Works
With a copy to: Holland & Knight LLP
131 S. Dearborn Street, 30th Floor
Chicago, Illinois 60603
Attention: Steven M. Elrod, Corporation Counsel
Notices and communications to the Contractor shall be addressed to, and delivered at, the
following address:
Era Valdivia Contractors, Inc.
11909 S. Avenue O
Chicago, Illinois 60617
7.9 Governing Laws
This Contract shall be governed by, construed and enforced in accordance with the
internal laws, but not the conflicts of laws rules, of the State of Illinois.
7.10 Changes in Laws
Unless otherwise provided in this Contract, any reference to existing law shall be deemed
to include any modifications of, or amendments, to existing law that may occur in the future.
7.11 Compliance with Laws
Contractor shall give all notices, pay all fees, and take all other action that may be
necessary to ensure that the Work is provided, performed, and completed in accordance with all
required governmental permits, licenses or other approvals and authorizations that may be
required in connection with providing, performing, and completing the Work, and with all
applicable statutes, ordinances, rules, and regulations, including without limitation the Prevailing
Wage Act, 820 ILCS 130/0.01 et seq. (in furtherance of which, a copy of Owner's ordinance
ascertaining the prevailing rate of wages, in effect as of the date of this Contract, has been
attached as an Appendix to this Contract; if the Illinois Department of Labor revises the
prevailing rate of hourly wages to be paid, the revised rate shall apply to this Contract); any other
prevailing wage laws; the Fair Labor Standards Act; any statutes regarding qualification to do
business; any statutes requiring preference to laborers of specified classes; the Illinois Steel
Products Procurement Act, 30 ILCS 565/1 et seq.; any statutes prohibiting discrimination
because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex,
or other prohibited classification, including, without limitation, the Americans with Disabilities
Act of 1990, 42 U.S.C. §§ 12101 et seq., the Illinois Human Rights Act, 775 ILCS 5/1-101 et
seq., and the Public Works Discrimination Act, 775 ILCS 10/1 et seq.; and any statutes regarding
safety or the performance of the Work, including the Illinois Structural Work Act, the Illinois
Underground Utility Facilities Damage Prevention Act, and the Occupational Safety and Health
Act. Contractor shall also comply with all conditions of any federal, state, or local grant
received by Owner or Contractor with respect to this Contract or the Work. Further, Bidder shall
16
have a written sexual harassment policy in compliance with Section 2-105 of the Illinois Human
Rights Act .
Contractor shall be solely liable for any fines or civil penalties that are imposed by any
governmental or quasi-governmental agency or body that may arise, or be alleged to have arisen,
out of or in connection with Contractor's, or its subcontractors' or suppliers', performance of, or
failure to perform, the Work or any part thereof.
Every provision of law required by law to be inserted into this Contract shall be deemed
to be inserted herein.
7.12 Compliance with Patents
A. Assumption of Costs, Royalties, and Fees. Contractor shall pay or cause to be
paid all costs, royalties, and fees arising from the use on, or the incorporation into, the Work, of
patented equipment, materials, supplies, tools, appliances, devices, processes, or inventions.
B. Effect of Contractor Being Enjoined. Should Contractor be enjoined from
furnishing or using any equipment, materials, supplies, tools, appliances, devices, processes, or
inventions supplied or required to be supplied or used under this Contract, Contractor shall
promptly offer substitute equipment, materials, supplies, tools, appliances, devices, processes, or
inventions in lieu thereof, of equal efficiency, quality, suitability, and market value, for review
by Owner. If Owner should disapprove the offered substitutes and should elect, in lieu of a
substitution, to have supplied, and to retain and use, any such equipment, materials, supplies,
tools, appliances, devices, processes, or inventions as may by this Contract be required to be
supplied, Contractor shall pay such royalties and secure such valid licenses as may be requisite
and necessary for Owner to use such equipment, materials, supplies, tools, appliances, devices,
processes, or inventions without being disturbed or in any way interfered with by any proceeding
in law or equity on account thereof. Should Contractor neglect or refuse to make any approved
substitution promptly, or to pay such royalties and secure such licenses as may be necessary,
then Owner shall have the right to make such substitution, or Owner may pay such royalties and
secure such licenses and charge the cost thereof against any money due Contractor from Owner
or recover the amount thereof from Contractor and its surety or sureties notwithstanding that
Final Payment may have been made.
7.13 Time of the Essence
Time is of the essence in the performance of all terms and provisions of this Contract
Calendar Days and Time.
7.14 Calendar Days and Time
Unless otherwise provided in this Contract, any reference in this Contract to "day" or
"days" shall mean calendar days and not business days. If the date for giving of any notice
required to be given, or the performance of any obligation, under this Contract falls on a
Saturday, Sunday, or federal holiday, then the notice or obligation may be given or performed on
the next business day after that Saturday, Sunday, or federal holiday.
7.15 Severability
17
It is hereby expressed to be the intent of the parties to this Contract that should any
provision, covenant, agreement, or portion of this Contract or its application to any Person or
property be held invalid by a court of competent jurisdiction, the remaining provisions of this
Contract and the validity, enforceability, and application to any Person or property shall not be
impaired thereby, but the remaining provisions shall be interpreted, applied, and enforced so as
to achieve, as near as may be, the purpose and intent of this Contract to the greatest extent
permitted by applicable law.
7.16 Entire Agreement
This Contract constitutes the entire agreement between the parties to this Contract
concerning the work and supercedes all prior agreements and negotiations between the parties,
whether written or oral relating to the subject matter of this Contract.
7.17 Amendments and Modifications
No amendment or modification to this Contract shall be effective until it is reduced to
writing and approved and executed by the corporate authorities of the parties in accordance with
all applicable statutory procedures.
IN WITNESS WHEREOF, Owner and Contractor have caused this Contract to be
executed in five original counterparts as of the day and year first written above.
ATTEST: VILLAGE OF LINCOLNWOOD
By:
Beryl Herman, Village Clerk Robert Merkel, Interim Village Manager
ATTEST: ERA VALDIVIA CONTRACTORS,
INC.
By: By:
[NAME OF CONTRACTOR’S
EXECUTING OFFICER]
Title: Title:
[TITLE OF CONTRACTOR’S
EXECUTING OFFICER]
18
STATE OF ILLINOIS )
) SS
COUNTY OF __________ )
CONTRACTOR'S CERTIFICATION
________________________________________________ EXECUTING OFFICER,
being first duly sworn on oath, deposes and states that all statements herein made are made on
behalf of Contractor, that this deponent is authorized to make them, and that the statements
contained herein are true and correct.
Contractor deposes, states, and certifies that Contractor is not barred from contracting
with a unit of state or local government as a result of (i) a delinquency in the payment of any tax
administered by the Illinois Department of Revenue unless Contractor is contesting, in
accordance with the procedures established by the appropriate Revenue Act, its liability for the
tax or the amount of tax, as set forth in 65 ILCS 5/11-42.1-1; or (ii) a violation of either
Section 33E-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1
et seq.
DATED this ____________ day of ___________, 20__.
ATTEST: ERA VALDIVIA CONTRACTORS,
INC.
By: ______________________ By: ______________________________
[INSERT NAME OF
CONTRACTOR'S EXECUTING
OFFICER]
Title: ______________________ Title: [INSERT TITLE OF
CONTRACTOR’S EXECUTING
OFFICER]
Subscribed and Sworn to My Commission Expires: __________________
before me this ____ day
of _____________, 20__.
____________________________ [SEAL]
Notary Public
19
ATTACHMENT A
SUPPLEMENTAL SCHEDULE OF CONTRACT TERMS
1. Project:
Painting work required for surface preparation and painting of existing potable water
storage tanks, miscellaneous welding and tank maintenance repairs.
2. Work Site:
7034 N. Central Park Avenue, Lincolnwood, IL 60712
3. Permits, Licenses, Approvals, and Authorizations:
Contractor shall obtain all required governmental permits, licenses, approvals, and
authorizations
4. Commencement Date:
May 1, 2019
5. Completion Date:
180 calendar days following the Commencement Date plus extensions, if any, authorized
by a Change Order issued pursuant to Subsection 2.2A of the Contract
6. Insurance Coverage:
A. Worker's Compensation and Employer's Liability with limits not less than:
(1) Worker's Compensation: Statutory;
(2) Employer's Liability:
$300,000 injury-per occurrence
$500,000 disease-per employee
$500,000 disease-policy limit
Such insurance shall evidence that coverage applies in the State of Illinois Article
107.02.
B. Comprehensive Motor Vehicle Liability with a combined single limit of liability
for bodily injury and property damage of not less than $1,000,000 for vehicles
owned, non-owned, or rented.
-1-
ATTACHMENT A
All employees shall be included as insured.
C. Comprehensive General Liability with coverage written on an “occurrence” basis
and with limits no less than:
(1) General Aggregate: $2,000,000
(2) Bodily Injury:
$500,000 per person
$1,000,000 per occurrence
(3) Property Damage:
$1,000,000 per occurrence, and
$2,000,000 aggregate.
(4) Other Coverage:
Coverage’s shall include:
- Premises/Operations
- Products/Completed Operations (to be maintained for two years following
Final Payment)
- Independent Contractors
- Personal Injury (with Employment Exclusion deleted)
- Broad Form Property Damage Endorsement
- Blanket Contractual Liability (must expressly cover the indemnity
provisions of the Contract)
- Bodily Injury and Property Damage
“X”, “C”, and “U” exclusions shall be deleted.
Railroad exclusions shall be deleted if Work Site is within 50 feet of any railroad
track.
All employees shall be included as insured.
-2-
ATTACHMENT A
D. Umbrella Policy. The required coverage may be in any combination of primary,
excess, and umbrella policies. Any excess or umbrella policy must provide
excess coverage over underlying insurance on a following-form basis such that
when any loss covered by the primary policy exceeds the limits under the primary
policy, the excess or umbrella policy becomes effective to cover such loss.
E. Owner as Additional Insured. Owner and Christopher B. Burke Engineering, Ltd.
shall be named as an Additional Insured on the required policies excluding
worker’s compensation.
7. Contract Price:
SCHEDULE OF PRICES (SEE ATTACHMENT A-1)
[TO BE SUPPLIED BY BIDDER]
8. Progress Payments:
A. General. Owner shall pay to Contractor 90 percent of the Value of Work,
determined in the manner set forth below, installed and complete in place up to
the day before the Pay Request, less the aggregate of all previous Progress
Payments, until 50 percent of contract Value of Work is completed. The total
amount of Progress Payments made prior to Final Acceptance by Owner shall not
exceed 95 percent of the Contract Price.
B. Value of Work. The Value of the Work shall be determined as follows (when
applicable):
(1) Lump Sum Items. For all Work to be paid on a lump sum basis,
Contractor shall, not later than 10 days after execution of the Contract and
before submitting its first Pay Request, submit to Owner a schedule
showing the value of each component part of such Work in form and with
substantiating data acceptable to Owner (“Breakdown Schedule”). The
sum of the items listed in the Breakdown Schedule shall equal the amount
or amounts set forth in the Schedule of Prices for Lump Sum Work. An
unbalanced Breakdown Schedule providing for overpayment of Contractor
on component parts of the Work to be performed first will not be accepted.
The Breakdown Schedule shall be revised and resubmitted until
acceptable to Owner. No payment shall be made for any lump sum item
until Contractor has submitted, and Owner has approved, an acceptable
Breakdown Schedule.
-3-
ATTACHMENT A
Owner may require that the approved Breakdown Schedule be revised
based on developments occurring during the provision and performance of
the Work. If Contractor fails to submit a revised Breakdown Schedule
that is acceptable to Owner, Owner shall have the right either to suspend
Progress and Final Payments for Lump Sum Work or to make such
Payments based on Owner's determination of the value of the Work
completed.
(2) Unit Price Items. For all Work to be paid on a unit price basis, the value
of such Work shall be determined by Owner on the basis of the actual
number of acceptable units of Unit Price Items installed and complete in
place, multiplied by the applicable Unit Price set forth in the Schedule of
Prices. The actual number of acceptable units installed and complete in
place shall be measured on the basis described in Attachment B to the
Contract or, in the absence of such description, on the basis determined by
Owner. The number of units of Unit Price Items stated in the Schedule of
Prices are Owner's estimate only and shall not be used in establishing the
Progress or Final Payments due Contractor. The Contract Price shall be
adjusted to reflect the actual number of acceptable units of Unit Price
Items installed and complete in place upon Final Acceptance.
C. Application of Payments. All Progress and Final Payments made by Owner to
Contractor shall be applied to the payment or reimbursement of the costs with
respect to which they were paid and shall not be applied to or used for any pre-
existing or unrelated debt between Contractor and Owner or between Contractor
and any third party.
9. Tank Evaluation Report
A tank inspection has previously been made and the results are available for
inspection by prospective Bidders, but are not a part nor do they constitute a
portion of these Contract Documents whether attached or not. The Owner nor the
Owner’s Consultant assumes any responsibility whatever with respect to the
sufficiency or accuracy of these investigations, nor of their interpretation, and
there is no guarantee, either expressed or implied, that the conditions indicated are
representative of those existing, or that unforeseen developments may not occur.
-4-
ATTACHMENT A
ATTACHMENT A-1
SCHEDULE OF PRICES
[TO BE SUPPLIED BY BIDDER]
-5-
ATTACHMENT B
SPECIFICATIONS
-1-
ATTACHMENT D
Except for such work as may be required to properly maintain lights and
barricades, no work will be permitted on Sundays, legal holidays, Passover, Rosh Hashanah,
Yom Kippur, Hanukkah, and on weekdays between 6:00 p.m. and 7:00 a.m. On Saturdays, no
work shall begin before 9:00 a.m. or proceed after 12:00 p.m. without specific permission of the
Engineer (Village of Lincolnwood).
-1-
APPENDIX 1
PREVAILING WAGE ORDINANCE
[TO BE SUPPLIED BY OWNER]
CONTRACT DOCUMENTS
FOR
1.5 MG STANDPIPE PAINTING AND REHABILITATION PROJECT
FOR
LINCOLNWOOD, IL
BID SUBMITTED BY
____________________________________________________
COMPANY NAME
____________________________________________________
STREET ADDRESS
____________________________________________________
DATE
CBBEL PROJECT NO. 14-0090.C1805
FOR BID
BID DUE DECEMBER 19, 2018 (BEFORE 10:30 A.M. LOCAL TIME)
PROJECT SPECIFICATIONS AND INFORMATION
FOR
1.5 MG STANDPIPE PAINTING AND REHABILITATION PROJECT
FOR
LINCOLNWOOD, IL
OWNER: VILLAGE OF LINCOLNWOOD
6900 N. LINCOLN AVENUE
LINCOLNWOOD, IL 60712
CONSULTANT: CHRISTOPHER B. BURKE ENGINEERING, LTD.
9575 WEST HIGGINS ROAD
SUITE 600
ROSEMONT, IL 60018
(847) 823-0500
CONTRACT DOCUMENTS CONSISTING
OF
BIDDING REQUIREMENTS
CONTRACTUAL DOCUMENTS
TECHNICAL SPECIFICATIONS
TABLE OF CONTENTS
BIDDING REQUIREMENTS
CONTRACT FORMS
GENERAL CONDITIONS
Section Title
00 72 43 Standard General Conditions of the Construction Contract
GENERAL REQUIREMENTS
Section Title
00 73 93 Liquidated Damages
00 85 00 Project Drawings and Photos
01 01 20 General Requirements for Tank Painting
01 11 00 Summary of Work
01 11 13 Responsibilities of Contractor
01 31 19 Project Meetings
01 33 00 Equipment & Material Submittals
01 60 00 Material and Equipment
01 73 29 Cutting and Patching
01 74 00 Maintenance of Work Site and Daily Clean-Up
01 77 00 Testing, Chlorinating, Filling and Final Inspection and Acceptance
DIVISION 05 – METALS
Section Title
05 50 00 Miscellaneous Metal Repairs
05 52 13 Water Storage Tank Rehabilitation and Repairs
DIVISION 09 – FINISHES
Section Title
09 91 13 Painting Water Storage Tank
DIVISION 26 – ELECTRICAL
Section Title
26 00 10 General Provisions for Electrical Work
26 42 00 Cathodic Protection
26 56 00 Lighting Equipment
DIVISION 33 – UTILITIES
Section Title
33 05 50 General Provisions for Mechanical Work
140090.C1805 10/22/18 i
ADVERTISEMENT FOR BIDS
SECTION 00 11 13
The Village of Lincolnwood, Cook County, Illinois will receive sealed proposals for the following
improvements at the Village Hall, 6900 N. Lincoln Avenue, Lincolnwood, IL 60712 until 10:30 a.m. local
time on December 19, 2018.
VILLAGE OF LINCOLNWOOD, IL
1.5 MG STANDPIPE PAINTING AND REHABILITATION PROJECT
Proposals will be publicly read aloud in the Village Hall at 10:30 a.m. local time on December 19,
2018. No bid shall be withdrawn after the opening of the proposals without the consent of the Mayor and
Board of Trustees for a period of forty-five days after the scheduled time of closing bids.
This project generally consists of painting work required for surface preparation and painting of existing
potable water storage tanks, miscellaneous welding and tank maintenance repairs.
A pre-bid meeting will be held at 11:00 a.m. on December 10, 2019 at 7001 N. Lawndale Avenue
followed by a tour of the 1.5 Million Gallon Standpipe site. The purpose of the pre-bid meeting is to
allow Bidders to inspect the facility scheduled for improvements. The address of the 1.5 MG Standpipe
is 7034 N. Central Park Avenue.
All proposals shall be sealed in an envelope, addressed to the Village of Lincolnwood, attention Village
Clerk. The name, address and phone number of the bidder and the name of the project shall also appear
on the outside of the envelope. Proposals must be submitted on the forms provided by the Engineer.
A hard copy of the plans may also be viewed at CBBEL’s offices located at 9575 W. Higgins Road, Suite
600, Rosemont, IL 60018. Contractors must purchase bid documents and be shown on the Bidder’s
Planholder List in order to bid. Bids received from contractors who are not in the Bidder’s Planholder
List will be rejected.
A certified check/bank draft drawn on a solvent bank, payable without condition to the Village of
Lincolnwood, or a bid bond in an amount not less than ten percent (10%) of the bid shall be submitted
with each proposal as a guarantee that, if the proposal is accepted, a contract will be entered into and
the performance of the contract is properly secured.
A Performance Bond and Payment Bond, each in a sum equal to one hundred percent (100%) of the
amount of the bid with sureties to be approved by the Village, must be furnished by the successful
bidder. All bids or proposals shall contain an offer to furnish bonds upon acceptance of such bid or
proposal.
Contractors and Subcontractors shall conform to the “Public Works Preference Project” Act, (30 ILCS
560/1, et Seq.)
Contractors shall be required to pay not less than the prevailing wage rates on the Project as established
by the United States Department of Labor and the State of Illinois Department of Labor. Copies of these
wage rates are incorporated in the Contract Documents.
Bids will only be received from qualified contractors. The right is reserved to reject any or all proposals,
to waive technicalities, to postpone the bid opening, or to advertise for new proposals, if in the judgment
of the President and Board of Trustees their best interests will be promoted thereby.
END OF SECTION
140090.C1805 10/22/18 00 11 13-1
VILLAGE OF LINCOLNWOOD
CONTRACT FOR THE
1.5 MG STANDPIPE PAINTING AND REHABILITATION PROJECT
BID PACKAGE
TABLE OF CONTENTS
1. INVITATION TO BID ..........................................................................................................1
2. DEFINED TERMS ................................................................................................................1
3. THE BID PACKAGE ............................................................................................................1
4. INSPECTION AND EXAMINATION ................................................................................2
5. BID OPENING .......................................................................................................................2
6. BID SECURITY AND INSURANCE ..................................................................................2
Contractor's Certification
Attachment A - Supplemental Schedule of
Contract Terms
Attachment A-1
Schedule of Contract Prices
Attachment B -
Specifications
Attachment D -
Special Project Requirements
Appendix - Prevailing Wage Ordinance
VILLAGE OF LINCOLNWOOD
CONTRACT FOR THE
1.5 MG STANDPIPE PAINTING AND REHABILITATION PROJECT
INVITATION FOR BIDDER'S PROPOSALS
OWNER: Village of Lincolnwood (“Owner”)
6900 North Lincoln Avenue
Lincolnwood, Illinois 60712
Attn: Andrew Letson, Director of Public Works
1. Invitation to Bid
Owner invites sealed Bidder's Proposals for the Work described in detail in the
Contract and generally described as painting work required for surface preparation and painting
of existing potable water storage tanks, miscellaneous welding and tank maintenance repairs.
The Work shall be performed at the following Work Site: 7034 N. Central Park Avenue,
Lincolnwood, IL 60712.
2. Defined Terms
All terms capitalized in this Invitation for Bidder's Proposals and in the other
documents included in the Bid Package are defined in the documents included in the Bid
Package, as hereinafter defined, and shall have such defined meanings wherever used.
3. The Bid Package
The Bid Package consists of the following documents, all of which are by this
reference made a part of this Invitation for Bidder's Proposals as though fully set forth herein:
(1) Invitation for Bidder's Proposals;
(2) General Instructions to Bidders;
(3) Addenda, if issued;
(4) Bidder's Proposal;
(5) Bidder's Sworn Acknowledgement;
(6) Bidder's Sworn Work History Statement;
(7) Other Information Submitted by Bidder, if requested;
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INVITATION
(8) Notice of Award; and
(9) Contract, including all of its Attachments and Appendices, if any.
4. Inspection and Examination
The Bid Package may be examined at the office of Owner as listed above. A
copy of the Bid Package in making copies of the Bid Package available to prospective Bidders,
Owner does so only for the purpose of obtaining Bidder's Proposals and such provision does not
confer a license or grant for any other use.
Each prospective Bidder shall, before submitting its Bidder's Proposal, carefully
examine the Bid Package. Each prospective Bidder shall then inspect in detail the Work Site and
the surrounding area and shall familiarize itself with all local conditions, including subsurface,
underground and other concealed conditions, affecting the Contract, the Work and the Work Site.
The Bidder whose Bidder's Proposal is accepted will be responsible for all errors in its Bidder's
Proposal including those resulting from its failure or neglect to make a thorough examination and
investigation of the Bid Package and the conditions of the Work Site and the surrounding area.
5. Mandatory Pre-Bid Meeting
A mandatory pre-bid meeting will be held on at 11:00 a.m., local time, on
Monday December 10, 2018 with all prospective bidders for the purposes of clarification,
questions, site inspection, etc. Bidders will be responsible for signing an attendance register.
Meeting will be held at the Lincolnwood Public Works Facility located at 7001 N. Lawndale
Avenue, followed by a visit to the Work Site. No other individual information session will be
held by the Owner relating to this bid.
6. Bid Opening
Owner will receive sealed Bidder's Proposals for the Work until 10:30 a.m., local
time, December 19, 2018, at Owner's office listed above, at which time, or as soon thereafter as
possible, all Bidder's Proposals will be publicly opened and read aloud. Bidders or their agents
are invited to be present.
7. Bid Security and Insurance
A. Bid Security. Each Bidder's Proposal shall be accompanied by a security
deposit in the form of a Bid Bond, a Cashier's Check or Certified Check drawn on a solvent bank
insured by the Federal Deposit Insurance Corporation and payable without condition to Owner in
an amount not less than 10% of the Bidder’s highest aggregate bid amount.
B. Performance and Payment Bonds. The successful Bidder will be required
to furnish a Performance Bond and a Labor and Material Payment Bond upon award of the
Contract, each in the penal sum of the full amount of the Contract Price, on forms provided by,
or otherwise acceptable to, Owner, from a surety company meeting the requirements set forth
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INVITATION
above. Each Bidder's Proposal must be accompanied by a letter from such a surety company
stating that it will execute Bonds on forms provided by, or otherwise acceptable to, Owner, upon
award of the Contract to Bidder.
C. Insurance. The successful Bidder will be required to furnish certificates
and policies of insurance as required by Section 4.2 of the Contract upon award of the Contract.
Each Bidder's Proposal must be accompanied by a letter from Bidder's insurance carrier or its
agent certifying that said insurer has read the requirements set forth in the Contract and will issue
the required certificates and policies of insurance upon award of the Contract to Bidder.
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VILLAGE OF LINCOLNWOOD
CONTRACT FOR THE
1.5 MG STANDPIPE PAINTING AND REHABILITATION PROJECT
GENERAL INSTRUCTIONS TO BIDDERS
TABLE OF CONTENTS
Section Page
1. INTERPRETATION OF DOCUMENTS INCLUDED IN BID PACKAGE ...................1
2. CALCULATION OF UNIT PRICE PROPOSALS............................................................2
3. PREVAILING WAGES ........................................................................................................2
4. TAXES AND BENEFITS ......................................................................................................2
5. PERMITS AND LICENSES .................................................................................................2
6. PREPARATION OF BIDDER'S PROPOSAL ...................................................................3
7. SIGNATURE REQUIREMENTS ........................................................................................3
8. BID SECURITY .....................................................................................................................4
9. SUBMISSION OF BIDDER'S PROPOSAL .......................................................................5
10. WITHDRAWAL OF BIDDER'S PROPOSAL ...............................................................5
11. QUALIFICATION OF BIDDERS ...................................................................................5
12. DISQUALIFICATION OF BIDDERS ............................................................................6
13. AWARD OF CONTRACT................................................................................................6
14. NOTICE OF AWARD; EFFECTIVE DATE OF AWARD ..........................................7
15. CLOSING OF CONTRACT .............................................................................................7
16. FAILURE TO CLOSE ......................................................................................................8
17. SPECIAL INSTRUCTIONS .............................................................................................8
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VILLAGE OF LINCOLNWOOD
CONTRACT FOR THE
1.5 MG STANDPIPE PAINTING AND REHABILITATION PROJECT
GENERAL INSTRUCTIONS TO BIDDERS
1. Interpretation of Documents Included in Bid Package
A. Defined Terms. All terms capitalized in these General Instructions to
Bidders and in the other documents included in the Bid Package are defined in the documents
included in the Bid Package and shall have such defined meanings wherever used.
B. Implied Terms. If any personnel, equipment, materials, or supplies that
are not directly or indirectly set forth in the Contract are nevertheless necessary to the proper
provision, performance, and completion of the whole of the Work in accordance with the intent
of the Contract, each prospective Bidder shall understand such personnel, equipment, materials,
or supplies to be implied and shall provide for such personnel, equipment, materials, or supplies
in its Bidder's Proposal as fully as if it were particularly described.
C. Information Provided by Owner. When information pertaining to
subsurface, underground or other concealed conditions, soils analysis, borings, test pits, utility
locations or conditions, buried structures, condition of existing structures, and other preliminary
investigations is distributed with the Bid Package, or such information is otherwise made
available to any prospective Bidder by Owner, such information is distributed or made available
solely for the convenience of such prospective Bidder and is not part of the Bid Package. Owner
assumes no responsibility whatever in respect to the sufficiency or accuracy of any such
information, and there is no guaranty or warranty, either expressed or implied, that the conditions
indicated are representative of those existing throughout the Work or the Work Site, or that the
conditions indicated are representative of those existing at any particular location, or that
unanticipated conditions may not be present.
D. Addenda. No interpretation of the documents included within the Bid
Package will be made except by written addendum duly issued by Owner (“Addendum”). No
interpretation not contained in an Addendum shall be valid or have any force or effect whatever,
nor entitle any Bidder to assert any claim or demand against Owner on account thereof.
All Addenda issued prior to the opening of Bidder's Proposals shall become a part
of the Bid Package. Each prospective Bidder shall be responsible for inquiring from time to time
as to the availability of Addenda.
If any prospective Bidder is in doubt as to the true meaning of any part of the Bid
Package, such prospective Bidder shall submit to Owner a written request for an interpretation
thereof as far in advance of the scheduled opening of Bidder's Proposals as possible.
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INSTRUCTIONS
Owner shall use its best efforts to issue Addenda in response to all valid,
appropriate, and timely inquiries, but accepts no responsibility for doing so. Inquiries not
answered by Addenda shall be considered invalid, inappropriate, or untimely inquiries.
Direct questions to Mr. Gerry Hennelly, at 847-823-0500.
2. Calculation of Unit Price Proposals
On all items for which Bidder's Proposals are to be received on a unit price basis,
the approximate quantities stated in the Schedule of Prices are Owner's estimate only for Owner's
convenience in comparing Bidder's Proposals and shall not be relied upon by Prospective
Bidders. Each prospective Bidder shall, before submitting its Bidder's Proposal, make its own
estimate of the quantities of Unit Price Items required to complete the Work and shall determine
its Price Proposal for each Unit Price Item in light of its own estimate.
3. Prevailing Wages
In accordance with the Prevailing Wage Act, 820 ILCS 130/0.01 et seq., not less
than the prevailing rate of wages for similar work in the locality in which the Work is to be
performed shall be paid to all laborers. A copy of Owner's ordinance ascertaining the prevailing
rate of wages, in effect as of the date of the Invitation for Bidder's Proposals, is included in the
Bid Package. If the Illinois Department of Labor revises the prevailing rate of hourly wages to
be paid, the revised rate shall apply to the Contract (when applicable).
4. Taxes and Benefits
Owner is exempt from state and local sales, use, and excise taxes. Bidder's Price
Proposal shall not include any such taxes. A letter of exemption will be provided to the
successful Bidder, if necessary. Owner will not reimburse, nor assist the successful Bidder in
obtaining reimbursement for, any state or local sales, use or excise taxes paid by the successful
Bidder.
Bidder's Price Proposal shall include all other applicable federal, state, and local
taxes of every kind or nature applicable to the Work as well as all taxes, contributions, and
premiums for unemployment insurance, old age or retirement benefits, pensions, annuities or
other similar benefits.
5. Permits and Licenses
Except as otherwise expressly provided in Attachment A to the Contract, Bidder's
Price Proposal shall include the cost of obtaining all permits, licenses, and other approvals and
authorizations required by law for performance of the Work. It shall be the sole responsibility of
each prospective Bidder to determine the applicable permits, licenses, and other approvals and
authorizations and no extra compensation shall be paid by Owner for the successful Bidder's
failure to include these costs in its Bidder's Proposal.
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INSTRUCTIONS
6. Preparation of Bidder's Proposal
Bidder's Proposals to enter into the Contract for the Work shall be made only on
the blank Bidder's Proposal form furnished by Owner and included in the Bid Package. The
Bidder's Proposal form included in the Bid Package shall be removed from the Bid Package
prior to preparation for submission.
Entries on the Bidder's Proposal form shall be typed or legibly written in ink.
Price Proposals are to be written by words and by figures as provided on the Bidder's Proposal
form. In case of any conflict, words shall prevail. In case of any error in adding or multiplying
individual items, the prices listed for individual items shall control over any incorrect total of
such items. A Bidder's Proposal may be rejected if it does not contain a requested price for each
and every item named in the Bidder's Proposal form or may be interpreted as bidding “no
charge” to Owner for any item left blank.
Prospective Bidders are warned against making alterations of any kind to the
Bidder's Proposal form or to any entry thereon. Bidder's Proposals that contain omissions,
conditions, alterations, or additions not called for may be rejected or interpreted so as to be most
favorable to Owner.
Each Bidder shall securely staple into its Bidder's Proposal a copy of each
Addendum issued and shall include in the place provided therefore in the Bidder's Proposal form
a listing of all such Addenda.
Each Bidder shall complete and securely staple into its Bidder's Proposal the
Bidder's Sworn Acknowledgement (both Sealed and Notarized) and the Bidder's Sworn Work
History Statement (when applicable) included in the Bid Package, and shall staple into its
Bidder's Proposal the Bid Security and the surety and insurance commitment letters as specified
in the Invitation for Bidder's Proposals.
Every Bidder submitting a Bidder's Proposal shall be conclusively deemed to
have evidenced an intention to be bound thereby whether or not the requirements for signing
Bidder's Proposals found in Section 7 of these General Instructions to Bidders are satisfied.
However, any Bidder's Proposal that fails to comply with Section 7 of these General Instructions
to Bidders may nevertheless be rejected.
Bidder's Proposals that are not submitted on the Bidder's Proposal form furnished
by Owner or that are not prepared in accordance with these General Instructions to Bidders may
be rejected. If a deficiently prepared Bidder's Proposal is not rejected, Owner may demand
correction of any deficiency and award the Contract to Bidder upon satisfactory compliance with
these General Instructions to Bidders.
7. Signature Requirements
A. Bidder's Proposals. The following requirements shall be observed in the
signing of each Bidder's Proposal:
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INSTRUCTIONS
(1) Corporations. Each Bidder's Proposal submitted by a corporation
shall be signed by the President or other authorized officer of the
corporation and shall also bear the attesting signature of the
Secretary or Assistant Secretary of the corporation.
(2) Partnerships. Each Bidder's Proposal submitted by a partnership
shall be signed by all of its general partners or by an attorney-in-
fact.
(3) Individuals. Each Bidder's Proposal submitted by an individual
shall be signed by such individual or by an attorney-in-fact.
(4) Joint Ventures. Each Bidder's Proposal submitted by a joint
venture shall be signed by each signatory of the joint venture
agreement by which such joint venture was formed in accordance
with the applicable provisions of (1), (2), and (3) above or by an
attorney-in-fact.
When requested by Owner, satisfactory evidence of the authority of the person or persons
signing on behalf of Bidder shall be furnished.
B. Other Documents. The signature requirements set forth in Subsection 7A
shall apply to all other documents in the Bid Package required to be executed by Bidder, Bidder's
sureties and Bidder's insurance representatives as well as to the Contract, the Contractor's
Certification, and all other required documentation related to the Contract.
8. Bid Security
A. Required Bid Security. Every Bidder's Proposal shall be accompanied by
bid security in the form of a Bid Bond, Cashier's Check or Certified Check as specified in the
Invitation for Bidder's Proposals (“Bid Security”), which Bid Security shall stand as a guaranty
that (1) Bidder will submit all additional information requested by Owner; (2) if such Bidder's
Proposal is accepted, Bidder will timely file the Bonds and the certificates and policies of
insurance required by the Contract; and (3) if such Bidder's Proposal is accepted, Bidder will
timely execute the Contract, the Contractor's Certification, and all other required documentation
related to the Contract.
B. Return of Bid Security. The Village will hold the Bid Security from the
two lowest Bidders until the contract is signed. Bid Security submitted in the form of Cashier's
Checks or Certified Checks will be returned within five days after execution of the Contract by
Owner.
C. Liquidated Damages. If a Bidder fails to timely submit all additional
information requested by Owner, or if the successful Bidder fails to timely and properly submit
all required Bonds, certificates and policies of insurance, or if the successful Bidder fails to
timely and properly execute the Contract, the Contractor's Certification, and all other required
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INSTRUCTIONS
documentation related to the Contract, it will be difficult and impracticable to ascertain and
determine the amount of damage that Owner will sustain by reason of any such failure. For such
reason, every Bidder shall, by submitting its Bidder's Proposal, be deemed to agree that Owner
shall have the right, at its option in the event of any such default, to retain or recover as
reasonably estimated liquidated damages, and not as a penalty, the entire amount of the Bid
Security, or to exercise any and all equitable remedies it may have against the defaulting Bidder.
9. Submission of Bidder's Proposal
One copy of each Bidder's Proposal, properly signed, together with all other
required documents, shall be enclosed in a sealed envelope or package and shall be addressed
and delivered to the place, before the time, and in the manner designated in the Invitation for
Bidder's Proposals. All Bidder's Proposals received after the time for the opening of bids
specified in the Invitation for Bidder's Proposals will be returned unopened.
Each sealed envelope or package containing a Bidder's Proposal shall be
identified as such and shall be visibly marked with the title of the Contract and Bidder's full legal
name. All Addenda will be considered part of each Bidder's Proposal whether attached or not.
10. Withdrawal of Bidder's Proposal
Any Bidder's Proposal may be withdrawn at any time prior to the opening of any
Bidder's Proposal, provided that a request in writing, executed by Bidder in the manner specified
in Section 7 of these General Instructions to Bidders, for the withdrawal of such Bidder's
Proposal is filed with Owner prior to the opening of any Bidder's Proposal. The withdrawal of a
Bidder's Proposal prior to opening of any Bidder's Proposal will not prejudice the right of Bidder
to file a new Bidder's Proposal.
No Bidder's Proposal shall be withdrawn without the consent of Owner for a
period of 60 days after the opening of any Bidder's Proposal. Any Bidder's Proposal may be
withdrawn at any time following the expiration of said 60 day period, provided that a request in
writing, executed by Bidder in the manner specified in Section 7 of these General Instructions to
Bidders, for the withdrawal of such Bidder's Proposal is filed with Owner after said
60 day period. If no such request is filed, the date for acceptance of such Bidder's Proposal shall
be deemed to be extended until such a request is filed or until Owner executes a Contract
pursuant to the Invitation for Bidder's Proposals or until Owner affirmatively and in writing
rejects such Bidder's Proposal.
11. Qualification of Bidders
A. Factors. Owner intends to award the Contract only to a Bidder that
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 for the Contract Price and within the Contract Time.
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INSTRUCTIONS
B. Additional Information. Owner reserves the right to require from any
Bidder, prior to award of the Contract, a detailed statement regarding the business and technical
organizations and plant of Bidder that is available for the Work. Information pertaining to
financial resources, experience of personnel, contract defaults, litigation history, and pending
construction projects may also be requested.
C. Final Determination. The final selection of the successful Bidder shall be
made on the basis of the amount of the Bidder's Price Proposals, Owner's prior experience with
the Bidders, Owner's knowledge of the Bidders' performance on other relevant projects, any
additional information submitted by Bidders to satisfy Owner that Bidders are adequately
prepared to fulfill the Contract, and all other relevant facts or matters mentioned in the Bid
Package or that Owner may legally consider in making its determination.
12. Disqualification of Bidders
A. More Than One Bidder's Proposal. No more than one Bidder's Proposal
for the Work described in the Contract shall be considered from any single corporation,
partnership, individual or joint venture, whether under the same or different names and whether
or not in conjunction with any other corporation, partnership, individual or joint venture.
Reasonable grounds for believing that any corporation, partnership, individual or joint venture is
interested in more than one Bidder's Proposal for the Work may cause the rejection of all
Bidder's Proposals in which such corporation, partnership, individual or joint venture is
interested. Nothing contained in this Subsection 12A shall prohibit any single corporation,
partnership, individual or joint venture, whether under the same or different names and whether
or not in conjunction with any other corporation, partnership, individual or joint venture, from
submitting a bid or quoting prices to more than one Bidder for equipment, materials and supplies
or labor to be furnished as a subcontractor or supplier.
B. Collusion. If there are reasonable grounds for believing that collusion
exists among any Bidders, all Bidders’ Proposals of the participants in such collusion will not be
considered.
C. Default. If a Bidder is or has been in default on a contract with Owner or
in the payment of monies due Owner, its Bidder's Proposal will not be considered.
13. Award of Contract
A. Reservation of Rights. Owner reserves the right to accept the Bidder's
Proposal that is, in its judgment, the best and most favorable to the interests of Owner and the
public; to reject the low Price Proposal; to accept any item of any Bidder's Proposal; to reject any
and all Bidder's Proposals; to accept and incorporate corrections, clarifications or modifications
following the opening of the Bidder's Proposals when to do so would not, in Owner's opinion,
prejudice the bidding process or create any improper advantage to any Bidder; and to waive
irregularities and informalities in the bidding process or in any Bidder's Proposal submitted;
provided, however, that the waiver of any prior defect or informality shall not be considered a
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INSTRUCTIONS
waiver of any future or similar defects or informalities, and Bidders should not rely upon, or
anticipate, such waivers in submitting their Bidder's Proposals.
B. Firm Offers. All Bidder's Proposals are firm offers to enter into the
Contract and no Bidder's Proposals shall be deemed rejected, notwithstanding acceptance of any
other Bidder's Proposal, until the Contract has been executed by both Owner and the successful
Bidder or until Owner affirmatively and in writing rejects such Bidder's Proposal.
C. Time of Award. It is expected that the award of the Contract, if it is
awarded, will be made within 60 days following the opening of the Bidder's Proposals. Should
administrative difficulties be encountered after the opening of the Bidder's Proposals, including
the annulment of any award, that may delay an award or subsequent award beyond such 60 day
period, Owner may accept any Bidder's Proposal for which the date for acceptance has been
extended as provided in Section 10 of these General Instructions to Bidders in order to avoid the
need for readvertisement. No Bidder shall be under any obligation to extend the date for
acceptance of its Bidder's Proposal. Failure of one or more of the Bidders or their sureties to
extend the date for acceptance of its Bidder's Proposal shall not prejudice the right of Owner to
accept any Bidder's Proposal for which the date for acceptance has been extended.
14. Notice of Award; Effective Date of Award
If the Contract is awarded by Owner, such award shall be effective when a Notice
of Award in the form included in the Bid Package has been delivered to the successful Bidder
(“Effective Date of Award”). Owner will prepare four copies of the Contract based upon
Bidder's Proposal and will submit them to the successful Bidder with the Notice of Award.
15. Closing of Contract
A. Closing Date. Unless otherwise stated in the Notice of Award, the
successful Bidder shall satisfactorily complete all Conditions Precedent to Closing before, and
the Contract and all related documents shall be executed, submitted and exchanged by Owner
and Bidder (“Closing”) on, the tenth day following the Effective Date of Award or within such
extended period as Owner may, in the exercise of its sole discretion, authorize in writing after
issuance of the Notice of Award (“Closing Date”).
B. Conditions Precedent to Closing. On or before the Closing Date, the
successful Bidder shall: (1) sign (see Section 7), date as of the Closing Date, and submit to
Owner all four copies of the Contract, the Contractor's Certification, and all other required
documentation related to the Contract on or before the Closing Date; and (2) submit four
executed copies of all required Bonds dated as of the Closing Date and all certificates and
policies of insurance (see Contract, Article IV) (“Conditions Precedent to Closing”).
Failure to timely execute or submit any of the aforesaid documents shall be
grounds for the imposition of liquidated damages as more specifically set forth in Section 8
above. If the submitted documents or any of them fail to comply with these General Instructions
to Bidders or the Contract or are not timely executed and submitted, Owner may, in its sole
-7-
INSTRUCTIONS
discretion, annul the award or allow the successful Bidder an opportunity to correct the
deficiencies.
In no event will Owner execute the Contract until any and all such deficiencies
have been cured or Owner has received adequate assurances, as determined by Owner, of
complete and prompt performance.
C. Closing. At the Closing, and provided that all documents required to be
submitted prior to or at the Closing have been reviewed and determined by Owner to be in
compliance with these General Instructions to Bidders and the Contract, or assurances of
complete and prompt performance satisfactory to Owner have been received, Owner shall
execute all copies of the Contract, retain three copies of the completed Contract, and tender one
copy to the successful Bidder at the Closing.
16. Failure to Close
A. Annulment of Award; Liquidated Damages. The failure or refusal of a
successful Bidder to comply with the Conditions Precedent to Closing or to Close shall be just
cause for the annulment of the award and the imposition of liquidated damages or the exercise of
equitable remedies, both as more specifically set forth in Section 8 above.
B. Subsequent Awards. Upon annulment of an award, Owner may accept,
and award a Contract based on, any other Bidder's Proposal as Owner, in its sole judgment,
deems to be the best or may invite new Proposals or may abandon the bidding process or the
Work.
17. Special Instructions
See Attachment D of Contract
-8-
PROPOSAL
VILLAGE OF LINCOLNWOOD
CONTRACT FOR THE
1.5 MG STANDPIPE PAINTING AND REHABILITATION PROJECT
BIDDER'S PROPOSAL
Full Name of Bidder ___________________________________________________(“Bidder”)
Principal Office Address _________________________________________________________
Local Office Address ___________________________________________________________
Contact Person ____________________________ Telephone ___________________________
TO: Village of Lincolnwood (“Owner”)
6900 North Lincoln Avenue
Lincolnwood, Illinois 60712
Attention: Andrew Letson, Director of Public Works
Bidder warrants and represents that Bidder has carefully examined the Work Site
described below and its environs and has reviewed and understood all documents included,
referred to, or mentioned in this bound set of documents, including Addenda
Nos. ________, which are securely stapled to the end of this Bidder's Proposal [if none,
write “NONE”] (“Bid Package”).
Bidder acknowledges and agrees that all terms capitalized in this Bidder's Proposal shall
have the meaning given to them in the documents included in the Bid Package.
1. Work Proposal
A. Contract and Work. If this Bidder's Proposal is accepted, Bidder
proposes, and agrees, that Bidder will contract with Owner, in the form of the Contract included
in the Bid Package: (1) to provide, perform and complete at the site or sites described in the Bid
Package (“Work Site”) and in the manner described and specified in the Bid Package all
necessary work, labor, services, transportation, equipment, materials, apparatus, machinery,
tools, fuels, gas, electric, water, waste disposal, information, data and other means and items
necessary for the painting work required for surface preparation and painting of existing potable
water storage tanks, miscellaneous welding and tank maintenance repairs.; (2) to procure and
furnish all permits, licenses and other governmental approvals and authorizations necessary in
connection therewith except as otherwise expressly provided in Attachment A to the Contract
-9-
PROPOSAL
included in the Bid Package; (3) to procure and furnish all Bonds and all certificates and policies
of insurance specified in the Bid Package; (4) to pay all applicable federal, state and local taxes;
(5) to do all other things required of Contractor by the Contract; and (6) to provide, perform and
complete all of the foregoing in a proper and workmanlike manner and in full compliance with,
and as required by or pursuant to, the Contract; all of which is herein referred to as the “Work.”
B. Manner and Time of Performance. If this Bidder's Proposal is accepted,
Bidder proposes, and agrees, that the Bidder will perform the Work in the manner and time
prescribed in the Bid Package and according to the requirements of Owner pursuant thereto.
C. General. If this Bidder's Proposal is accepted, Bidder proposes, and
agrees, that Bidder will do all other things required of Bidder or Contractor, as the case may be,
by the Bid Package.
2. Contract Price Proposal
If this Bidder's Proposal is accepted, Bidder will, except as otherwise provided in
Section 2.1 of the Contract, take in full payment for all Work and other matters set forth under
Section 1 above, including overhead and profit; taxes, contributions, and premiums; and
compensation to all subcontractors and suppliers, the compensation set forth on the following
“Schedule of Prices” (“Price Proposal”), which Schedule of Prices Bidder understands and
agrees will be made a part of the Contract:
SCHEDULE OF PRICES
B. UNIT PRICE CONTRACT
For providing, performing, and completing all Work, the sum of the products resulting
from multiplying the number of acceptable units of Unit Price Items listed below incorporated in
the Work by the Unit Price set forth below for such Unit Price Item:
COMPLETE TABLE AS INDICATED
BASE BID
Approximate
Price
Item No. Description Unit Number of Per Unit Extension
Units
Continuous Seal Weld
05 50 00/01 LIN FT 100 $ $
Repairs
05 50 00/02 Interior Pit Weld Repairs EACH 50 $ $
Remove and Replace
05 52 13/01 LSUM 1 $ $
Existing Roof Vent
-10-
PROPOSAL
Approximate
Price
Item No. Description Unit Number of Per Unit Extension
Units
Installation of New Painters
05 52 13/02 Rail, Safety Grabs and LSUM 1 $ $
Rigging Couplings
Installation of New Fall
05 52 13/03 LSUM 1 $ $
Protection Devices
Repair and Replace Existing
05 52 13/04 LSUM 1 $ $
Pilaster Lighting
Remove and Replace
05 52 13/05 Existing Manway Hatch at LSUM 1 $ $
Base of Tank
Interior Wet Surfaces; all
09 91 13/01 surface preparation, priming LSUM 1 $ $
and painting
Exterior Surfaces; all surface
09 91 13/02 preparation, priming and LSUM 1 $ $
painting
Interior Dry Surfaces; all
09 91 13/03 surface preparation, priming, LSUM 1 $ $
and painting
09 91 13/04 Full Containment as required LSUM 1 $ $
Proper and Legal Disposal of
09 91 13/05 Paint Chips/Flakes and Other LSUM 1 $ $
Debris
Remove and Reinstall
26 42 00/01 LSUM 1 $ $
Existing Cathodic Protection
Continuation of Service
26 42 00/02 LSUM 1 $ $
Agreement
26 56 00/01 Lighting Equipment LSUM 1 $ $
Modifications to Existing
27 51 25/01 LSUM 1 $ $
SCADA System
TOTAL BASE BID PRICE:
___________________________ Dollars and ____________ Cents
(in writing) (in writing)
___________________________ Dollars and ____________ Cents
(in figures) (in figures)
-11-
PROPOSAL
ALTERNATIVE BID 1A (All Exterior Prep Painting, Containment & Welding in 2019)
Approximate
Price
Item No. Description Unit Number of Per Unit Extension
Units
Exterior Surfaces; all
surfaces preparation,
09 91 13/02A LSUM 1 $ $
priming and painting (Bid
1A)
ALTERNATIVE BID 1B (All Interior Prep and Painting in 2020)
Approximate
Price
Item No. Description Unit Number of Per Unit Extension
Units
Interior Surfaces; all
surfaces preparation,
09 91 13/03A LSUM 1 $ $
priming and painting (Bid
1B)
TOTAL ALTERNATIVE BID PRICE:
___________________________ Dollars and ____________ Cents
(in writing) (in writing)
___________________________ Dollars and ____________ Cents
(in figures) (in figures)
D. BASIS FOR DETERMINING PRICES
It is expressly understood and agreed that:
1. The approximate quantities set forth in this Schedule of Prices for each
Unit Price Item are Owner's estimate only, that Owner reserves the right to
increase or decrease such quantities, and that payment for each Unit Price
Item shall be made only on the actual number of acceptable units of such
Unit Price Item installed complete in place, measured on the basis defined
in the Contract;
2. Owner is not subject to state or local sales, use and excise taxes and no
such taxes are included in this Schedule of Prices;
3. All other applicable federal, state, and local taxes of every kind and nature
applicable to the Work as well as all taxes, contributions, and premiums
for unemployment insurance, old age or retirement benefits, pensions,
-12-
PROPOSAL
annuities, or other similar benefits are included in this Schedule of Prices;
and
4. All costs, royalties, and fees arising from the use on, or the incorporation
into, the Work of patented equipment, materials, supplies, tools,
appliances, devices, processes, or inventions are included in this Schedule
of Prices.
All claim or right to dispute or complain of any such estimated quantity, or to assert that there
was any misunderstanding in regard to the nature or amount of any Unit Price Item to be
provided or performed, or to claim any additional compensation by reason of the payment of any
such tax, contribution, or premium or any such cost, royalty or fee is hereby waived and released.
3. Contract Time Proposal
If this Bidder's Proposal is accepted, Bidder will commence the Work not later
than the “Commencement Date” set forth in Attachment A to the Contract and will perform the
Work diligently and continuously and will complete the Work not later than the “Completion
Date” set forth in Attachment A to the Contract.
4. Firm Proposal
All prices and other terms stated in this Bidder's Proposal are firm and shall not be
subject to withdrawal, escalation, or change for a period of 60 days after the date on which any
Bidder's Proposal is opened or such extended acceptance date for Bidder's Proposals as may be
established pursuant to Sections 10 and 13 of the General Instructions to Bidders.
5. Bidder Representations
A. No Collusion. Bidder warrants and represents that the only persons, firms,
or corporations interested in this Bidder's Proposal as principals are those named in Bidder's
Sworn Acknowledgment attached hereto and that this Bidder's Proposal is made without
collusion with any other person, firm or corporation.
B. Not Barred. Bidder warrants, represents and certifies that it is not barred
by law from contracting with Owner or with any unit of state or local government.
C. Qualified. Bidder warrants and represents that it has the requisite
experience, ability, capital, facilities, plant, organization and staff to enable Bidder to perform
the Work successfully and promptly and to commence and complete the Work within the
Contract Price and Contract Time Proposals set forth above. In support thereof, Bidder submits
the attached Sworn Work History Statement. In the event Bidder is preliminarily deemed to be
one of the most favorable to the interests of Owner, Bidder hereby agrees to furnish upon
request, within two business days or such longer period as may be set forth in the request, such
additional information as may be necessary to satisfy Owner that Bidder is adequately prepared
to fulfill the Contract.
-13-
PROPOSAL
D. Owner's Reliance. Bidder acknowledges that Owner is relying on all
warranties, representations and statements made by Bidder in this Bidder's Proposal.
6. Surety and Insurance
Bidder herewith tenders surety and insurance commitment letters as specified in
Section 6 of the Invitation for Bidder's Proposals.
7. Bid Security
Bidder herewith tenders a Cashier's Check or Certified Check as specified in
Section 6 of the Invitation for Bidder's Proposals for the sum of _________________ dollars
(“Bid Security”).
8. Owner's Remedies
Bidder acknowledges and agrees that should Bidder fail to timely submit all
additional information that is requested of it; or should Bidder, if Owner awards Bidder the
Contract, fail to timely submit all the Bonds and all the certificates and policies of insurance
required of it; or should Bidder, if Owner awards Bidder the Contract, fail to timely execute the
Contract, Contractor's Certification and all other required documentation related to the Contract,
it will be difficult and impracticable to ascertain and determine the amount of damage that
Owner will sustain by reason of any such failure and, for such reason, Owner shall have the
right, at its option in the event of any such default by Bidder, to retain or recover as reasonably
estimated liquidated damages, and not as a penalty, the entire amount of the Bid Security or to
exercise any and all equitable remedies it may have against Bidder.
9. Owner's Rights
Bidder acknowledges and agrees that Owner reserves the right to reject any and
all Bidder's Proposals, reserves the right to accept or reject any item of any Bidder's Proposal and
reserves such other rights as are set forth in Section 13 of the General Instructions to Bidders.
10. Bidder's Obligations
In submitting this Bidder's Proposal, Bidder understands and agrees that it shall be
bound by each and every term, condition or provision contained in the Bid Package, which are
by this reference incorporated herein and made a part hereof.
DATED this ______ day of ____________, 2018.
-14-
PROPOSAL
ATTEST: __________________________________________
Bidder
By: _______________________ By: ____________________________________
Title: _______________________ Title: ____________________________________
SEE GENERAL INSTRUCTIONS TO BIDDERS, SECTION 7,
FOR SIGNATURE REQUIREMENTS
-15-
VILLAGE OF LINCOLNWOOD
CONTRACT FOR THE CONSTRUCTION OF
NAME OF WORK
BIDDER'S SWORN ACKNOWLEDGEMENT
________________________________ NAME OF DEPONENT]
(“Deponent”), being first duly sworn on oath, deposes and states that the undersigned Bidder is
organized as indicated below and that all statements herein made are made on behalf of such
Bidder in support of its Bidder's Proposal for the above Contract and that Deponent is authorized
to make them.
Deponent also deposes and states that Bidder has carefully prepared, reviewed
and checked its Bidder's Proposal and that the statements contained in its Bidder's Proposal and
in this Acknowledgement are true and correct.
COMPLETE APPLICABLE SECTION ONLY
1. Corporation
Bidder is a corporation that is organized and existing under the laws of the State
of ____________, that is qualified to do business in the State of Illinois, and that is operating
under the legal name of ____________________________________.
The officers of the corporation are as follows:
TITLE NAME ADDRESS
President ____________________ ______________________________
Vice President ____________________ ______________________________
Secretary ____________________ ______________________________
Treasurer ____________________ ______________________________
2. Partnership
Bidder is a partnership that is organized, existing and registered under the laws of
the State of _____________________ pursuant to that certain Partnership Agreement dated as of
__/__/__ that is qualified to do business in the State of Illinois, and that is operating under the
legal name of _________________________.
-1-
ACKNOWLEDGEMENT
The general partners of the partnership are as follows:
NAME ADDRESS
____________________ ________________________________________________
____________________ ________________________________________________
____________________ ________________________________________________
____________________ ________________________________________________
____________________ ________________________________________________
3. Individual
Bidder is an individual whose full name is __________________________ whose
residence address is and whose business address is _______________________________. If
operating under a trade or assumed name said trade or assumed name is as follows:
________________________________________[ TRADE OR ASSUMED NAME].
4. Joint Venture
Bidder is a joint venture that is organized and existing under the laws of the State
of __________________________________ pursuant to that certain Joint Venture Agreement
dated as of __/__/__ that is qualified to do business in the State of Illinois, and that is operating
under the legal name of _________________________________________________.
-2-
ACKNOWLEDGEMENT
The signatories to the aforesaid Joint Venture Agreement are as follows:
NAME (and ENTITY TYPE) ADDRESS
_________________(___) ________________________________________________
_________________(___) ________________________________________________
_________________(___) ________________________________________________
[For each signatory, indicate type of entity (Corporation = “C”; Partnership = “P”; and
Individual = “I”) and provide, on separate sheets, the information required in Paragraph 1,
2, or 3 above, as applicable]
DATED this ______ day of ____________, 200_.
ATTEST: __________________________________________
Bidder
By: _______________________ By: ____________________________________
Title: _______________________ Title: ____________________________________
Subscribed and Sworn to My Commission Expires: _______________
Before me this ____ day
of _____________, 200__.
___________________________ [SEAL]
Notary Public
SEE GENERAL INSTRUCTIONS TO BIDDERS, SECTION 7,
FOR SIGNATURE REQUIREMENTS
-3-
VILLAGE OF LINCOLNWOOD
CONTRACT FOR THE CONSTRUCTION OF
NAME OF WORK
BIDDER'S SWORN WORK HISTORY STATEMENT (Only required of new Bidders)
______________________________________________________
(“Deponent”), being first duly sworn on oath, deposes and states that all statements made in this
Sworn Work History Statement are made on behalf of the undersigned Bidder in support of its
Bidder's Proposal for the above Contract and that Deponent is authorized to make them.
Deponent also deposes and states that Bidder has carefully prepared, reviewed
and checked this Sworn Work History Statement and that the statements contained in this Sworn
Work History Statement are true and correct.
IF NECESSARY FOR FULL DISCLOSURE, ADD SEPARATE SHEETS
JOINT VENTURES MUST SUBMIT SEPARATE
SWORN WORK HISTORY STATEMENTS FOR THE JOINT VENTURE
AND FOR EACH SIGNATORY TO THE JOINT VENTURE AGREEMENT
1. Nature of Business
State the nature of Bidder's business: __________________________________
______________________________________________________________________________
2. Composition of Work
During the past three years, Bidder's work has consisted of:
____% Federal ____% As Contractor ____% Bidder's Forces
____% Other Public ____% As Subcontractor ____% Subcontractors
____% Private ____% Materials
3. Years in Business
State the number of years that Bidder, under its current name and organization,
has been continuously engaged in the aforesaid business: __________ years
-1-
WORK HISTORY STATEMENT
4. Predecessor Organizations
If Bidder has been in business under its current name and organization for less
than five years, list any predecessor organizations:
NAME ADDRESS YEARS
____________________ ________________________________ ______
____________________ ________________________________ ______
5. Business Licenses
List all business licenses currently held by Bidder:
ISSUING AGENCY TYPE NUMBER EXPIRATION
__________________________ __________ __________ _____________
__________________________ __________ __________ _____________
6. Related Experience
List three projects most comparable to the Work completed by Bidder, or its
predecessors, in the past five years:
PROJECT ONE PROJECT TWO PROJECT THREE
Owner Name ______________ ______________ __________________
Owner Address ______________ ______________ __________________
______________ ______________ __________________
Reference ______________ ______________ __________________
Telephone Number ______________ ______________ __________________
Type of Work ______________ ______________ __________________
______________ ______________ __________________
-2-
WORK HISTORY STATEMENT
PROJECT ONE PROJECT TWO PROJECT THREE
Contractor ______________ ______________ __________________
(If Bidder was)
(Subcontractor) ______________ ______________ __________________
______________ ______________ __________________
Amount of Contract ______________ ______________ __________________
Date Completed ______________ ______________ __________________
DATED this ______ day of ____________, 200__.
ATTEST: __________________________________________
Bidder
By: _______________________ By: ____________________________________
Title: _______________________ Title: ____________________________________
Subscribed and Sworn to My Commission Expires: _______________
Before me this ____ day
of _____________, 20__.
___________________________ [SEAL]
Notary Public
SEE GENERAL INSTRUCTIONS TO BIDDERS, SECTION 7,
FOR SIGNATURE REQUIREMENTS
-3-
VILLAGE OF LINCOLNWOOD
CONTRACT FOR THE CONSTRUCTION OF
NAME OF WORK
NOTICE OF AWARD
CERTIFIED MAIL/RETURN RECEIPT REQUESTED OR PERSONAL DELIVERY
TO: _______ _____________ FROM: Village of Lincolnwood
BIDDER_ ________ 6900 North Lincoln Avenue
ADDRESS ________ Lincolnwood, IL
60712
(“Contractor”) (“Owner”)
On the ______________ day of ________________, 20__, Owner found to be
most favorable to the interests of Owner the Bidder's Proposal submitted by Contractor and dated
on the _________ day of ___________________, 20__, in which Contractor proposes to
contract with Owner, in the form of the Contract included in the Bid Package to perform the
following Work: (1) to provide, perform and complete at the Work Site and in the manner
described and specified in the Bid Package all necessary work, labor, services, transportation,
equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal,
information, data and other means and items necessary for the
_____________________________ DESCRIPTION OF WORK; (2) to procure and furnish all
permits, licenses and other governmental approvals and authorizations necessary in connection
therewith except as otherwise expressly provided in Attachment A to the Contract included in the
Bid Package; (3) to procure and furnish all Bonds and all certificates and policies of insurance
specified in the Bid Package; (4) to pay all applicable federal, state and local taxes; (5) to do all
other things required of the Contractor by the Contract; and (6) to provide, perform and complete
all of the foregoing in a proper and workmanlike manner and in full compliance with, and as
required by or pursuant to, the Contract.
OWNER ACCORDINGLY AWARDS CONTRACTOR, EFFECTIVE AS
OF THE DATE OF DELIVERY OF THIS NOTICE OF AWARD, THE CONTRACT
FOR SAID WORK FOR THE LUMP SUM AND/OR UNIT PRICES, AS THE CASE
MAY BE, SET FORTH IN THE BIDDER'S PROPOSAL.
The Closing will be by mail. The Bidder will mail all signed documents to the
Owner at 6900 North Lincoln Avenue, Lincolnwood, Illinois provided that all Conditions have
-1-
NOTICE OF AWARD
been satisfied. Contractor must have complied with all Conditions set forth in Section 15 of the
General Instructions to Bidders included in the Bid Package, on or before __/__/__.
The failure or refusal to comply with the Conditions Precedent to Closing on or
before the Closing Date or to Close on the Closing Date shall result, at Owner's option, in the
imposition of liquidated damages and the annulment of this award, or in Owner's exercise of any
or all equitable remedies Owner may have, all as more specifically set forth in Sections 8, 15,
and 16 of the General Instructions to Bidders.
DATED this ______ day of ____________, 20__.
VILLAGE OF LINCOLNWOOD
By: __________________________
CERTIFICATION OF CONTRACTOR RESPONSIBILITY
SECTION 00 62 00
(To be submitted at Preconstruction Meeting)
The following information is hereby submitted. It is understood that this Certificate shall be submitted
prior to the initiation of executing the Work of this Contract and prior to or at the time of any change in
the personnel assigned as the construction supervisor or safety supervisor. It is further understood that
the construction supervisor and the safety supervisor shall be available on a twenty four (24) hour will
call basis.
Date: __________________ By: ___________________________________________________
(Name and Title)
PROJECT
1.5 MG Standpipe Painting and Rehabilitation Project
Construction Supervisor: Safety Supervisor:
Name ______________________________ Name _____________________________
Address ____________________________ Address _____________________________
Phone _____________________________ Phone ______________________________
Fax _______________________________ Fax _______________________________
E-Mail ______________________________ E-Mail _____________________________
END OF SECTION
140090.C1805 10/22/18 00 62 00-1
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
SECTION 00 72 43
PART 1- GENERAL
1.01 Engineers Joint Contract Documents Committee 1910-8 (Latest Edition) Standard
General Conditions of the Construction Contract shall apply to the Work in this Contract.
END OF SECTION
140090.C1805 10/22/18 00 72 43-1
BID BOND
KNOW ALL MEN BY THESE PRESENTS: that
,
(Here insert full name and address of Bidder)
as Principal, hereinafter called Bidder, and
,
(Here insert full name and address of Surety)
as Surety, a corporation organized and existing under the laws of the State of ,
hereinafter called Surety, are held and firmly bound unto Village of ______________________________________,
as Obligee, hereinafter called Owner, in the full and just sum of Dollars
($________________), for the payment of which sum of money well and truly to be made, Bidder and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, Bidder has submitted a Bidder's Proposal dated _________________, to Owner entitled
"__________________________________________________" (the "Proposal"), the terms and conditions of which
are by this reference incorporated herein as though fully set forth herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if Bidder shall timely submit
all additional information that is required of it and, if the Proposal shall be accepted by Owner, Bidder shall (1)
timely submit all the Bonds and all the certificates and policies of insurance required of it, (2) timely execute the
Contract Agreement and the Contractor's Certification, in the form included in the bound Bid Package, and all other
required documentation related to the Contract, and (3) in all other respects, perform the agreement created by
Owner's acceptance of the Proposal, then this obligation shall be null and void; otherwise it shall remain in full force
and effect.
Surety, for value received, hereby stipulates and agrees that the obligations of Surety under this bond shall be in no
way impaired or affected by any extension of the time within which Owner may accept the Proposal, and Surety
does hereby waive notice of any such extension. Owner shall have no obligation to actually incur any expense or
correct any deficient performance of Bidder in order to be entitled to receive the proceeds of this bond. No right of
action shall accrue on this bond to or for the use of any person or corporation other than Owner or the heirs,
executors, administrators or successors of Owner.
Signed and sealed this day of , 201__.
Attest/Witness: PRINCIPAL
By: ______________ By: ______________
Title: ______________ Title: ______________
Attest/Witness: SURETY
By: ______________ By: ______________
Title: ______________ Title: ______________
CONTRACT BETWEEN
VILLAGE OF LINCOLNWOOD
AND
NAME OF SUCCESSFUL BIDDER
FOR THE CONSTRUCTION OF
1.5 MG STANDPIPE PAINTING AND REHABILITATION PROJECT
TABLE OF CONTENTS
Page
ARTICLE I .....................................................................................................................................1
1.1 PERFORMANCE OF THE WORK .......................................................................................1
1.2 COMMENCEMENT AND COMPLETION DATES .................................................................2
1.3 REQUIRED SUBMITTALS ..................................................................................................2
1.4 REVIEW AND INTERPRETATION OF CONTRACT PROVISIONS ........................................3
1.5 CONDITIONS AT THE WORK SITE; RECORD DRAWINGS ................................................3
1.6 TECHNICAL ABILITY TO PERFORM ................................................................................4
1.7 FINANCIAL ABILITY TO PERFORM ..................................................................................4
1.8 TIME.................................................................................................................................4
1.9 SAFETY AT THE WORK SITE ...........................................................................................4
1.10 CLEANLINESS OF THE WORK SITE AND ENVIRONS ........................................................5
1.11 DAMAGE TO THE WORK, THE WORK SITE, AND OTHER PROPERTY ............................5
1.12 SUBCONTRACTORS AND SUPPLIERS ................................................................................5
1.13 SIMULTANEOUS WORK BY OTHERS ...............................................................................6
1.14 OCCUPANCY PRIOR TO FINAL PAYMENT .......................................................................6
1.15 OWNER'S RIGHT TO TERMINATE OR SUSPEND WORK FOR CONVENIENCE ..................6
ARTICLE II ...................................................................................................................................6
2.1 CHANGES .........................................................................................................................6
2.2 DELAYS ............................................................................................................................7
ARTICLE III..................................................................................................................................7
3.1 INSPECTION; TESTING; CORRECTION OF DEFECTS .......................................................7
3.2 WARRANTY OF WORK ....................................................................................................7
3.3 OWNER'S RIGHT TO CORRECT .......................................................................................8
ARTICLE IV ..................................................................................................................................8
4.1 BONDS ..............................................................................................................................8
4.2 INSURANCE ......................................................................................................................8
4.3 INDEMNIFICATION ...........................................................................................................9
ARTICLE V ...................................................................................................................................9
5.1 CONTRACT PRICE ............................................................................................................9
5.2 TAXES AND BENEFITS ......................................................................................................9
5.3 PROGRESS PAYMENTS .....................................................................................................9
-i-
5.4 FINAL ACCEPTANCE AND FINAL PAYMENT ..................................................................10
5.5 LIENS .............................................................................................................................10
5.6 DEDUCTIONS ..................................................................................................................11
ARTICLE VI ................................................................................................................................12
6.1 DISPUTE RESOLUTION PROCEDURE .............................................................................12
6.2 CONTRACTOR'S REMEDIES ...........................................................................................12
6.3 OWNER'S REMEDIES .....................................................................................................12
6.4 OWNER'S SPECIAL REMEDY FOR DELAY .....................................................................14
6.5 TERMINATIONS AND SUSPENSIONS DEEMED FOR CONVENIENCE ...............................14
ARTICLE VII ..............................................................................................................................14
7.1 BINDING EFFECT ...........................................................................................................14
7.2 RELATIONSHIP OF THE PARTIES ...................................................................................14
7.3 NO COLLUSION ..............................................................................................................14
7.4 ASSIGNMENT ..................................................................................................................15
7.5 CONFIDENTIAL INFORMATION......................................................................................15
7.6 NO WAIVER ...................................................................................................................15
7.7 NO THIRD PARTY BENEFICIARIES ................................................................................15
7.8 NOTICES .........................................................................................................................15
7.9 GOVERNING LAWS ........................................................................................................16
7.10 CHANGES IN LAWS ........................................................................................................16
7.11 COMPLIANCE WITH LAWS ............................................................................................16
7.12 COMPLIANCE WITH PATENTS .......................................................................................17
7.13 TIME OF THE ESSENCE ..................................................................................................17
7.14 CALENDAR DAYS AND TIME .........................................................................................17
7.15 SEVERABILITY ...............................................................................................................18
7.16 ENTIRE AGREEMENT .....................................................................................................18
7.17 AMENDMENTS AND MODIFICATIONS ............................................................................18
CONTRACTOR'S CERTIFICATION
ATTACHMENT A - Supplemental Schedule of Contract Terms
ATTACHMENT A1- Schedule of Contract Prices
ATTACHMENT B - Specifications
ATTACHMENT C - List of Drawings
ATTACHMENT D – Special Project Requirements
APPENDIX 1 - Prevailing Wage Ordinance
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In consideration of the mutual promises set forth below, the VILLAGE OF
LINCOLNWOOD, 6900 North Lincoln Avenue, Lincolnwood, Illinois, 60712, a municipal
corporation (“Owner”), and _____________________________________________ NAME
AND ADDRESS OF SUCCESSFUL BIDDER, a
_____________________________________________ TYPE OF ORGANIZATION
(“Contractor”), make this Contract as of the __________ day of ______________________,
2018, and hereby agree as follows:
ARTICLE I
THE WORK
1.1 Performance of the Work
Contractor shall, at its sole cost and expense, provide, perform, and complete all of the
following, all of which is herein referred to as the “Work”:
1. Labor, Equipment, Materials, and Supplies. Provide, perform, and complete, in
the manner described and specified in this Contract, all necessary work, labor, services,
transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water,
waste disposal, information, data, and other means and items necessary to accomplish the Project
at the Work Site, both as defined in Attachment A, in accordance with the specifications attached
hereto as Attachment B, the drawings identified in the list attached hereto as Attachment C4, and
the Special Project Requirements attached hereto as Attachment D.
2. Permits. Except as otherwise provided in Attachment A, procure and furnish all
permits, licenses, and other governmental approvals and authorizations necessary in connection
therewith.
3. Bonds and Insurance. Procure and furnish all Bonds and all certificates and
policies of insurance specified in this.
4. Taxes. Pay all applicable federal, state, and local taxes.
5. Miscellaneous. Do all other things required of Contractor by this Contract,
including, without limitation, arranging for utility and other services needed for the work and for
testing, including the installation of temporary utility lines, wiring, switches, fixtures, hoses,
connections, and meters, and providing sufficient sanitary conveniences and shelters to
accommodate all workers and all personnel of Owner engaged in the Work.
6. Quality. Provide, perform and complete all of the foregoing in a proper and
workmanlike manner, consistent with the highest standards of professional and construction
practices and in full compliance with, and as required by or pursuant to, this Contract, and with
the greatest economy, efficiency, and expedition consistent therewith, with only new,
undamaged and first quality equipment, materials, and supplies.
1.2 Commencement and Completion Dates
Contractor shall commence the Work not later than the “Commencement Date” set forth
on Attachment A and shall diligently and continuously prosecute the Work at such a rate as will
allow the Work to be fully provided, performed, and completed in full compliance with this
Contract not later than the “Completion Date” set forth in Attachment A. The time of
commencement, rate of progress, and time of completion are referred to in this Contract as the
“Contract Time.”
1.3 Required Submittals
A. Submittals Required. Contractor shall submit to Owner all documents, data, and
information specifically required to be submitted by Contractor under this Contract and shall, in
addition, submit to Owner all such drawings, specifications, descriptive information, and
engineering documents, data, and information as may be required, or as may be requested by
Owner, to show the details of the Work, including a complete description of all equipment,
materials, and supplies to be provided under this Contract (“Required Submittals”). Such details
shall include, but shall not be limited to, design data, structural and operating features, principal
dimensions, space required or provided, clearances required or provided, type and brand of
finish, and all similar matters, for all components of the Work.
B. Number and Format. Contractor shall provide three complete sets for each
Required Submittal. All Required Submittals, except drawings, shall be prepared on 8-1/2 inch
by 11-inch paper. Two blueline prints and one sepia transparency of each drawing shall be
provided. All prints of drawings shall be folded to 8-1/2 inches by 11 inches, or less. All
drawings shall be clearly marked in the lower right-hand corner with the names of Owner and
Contractor.
C. Time of Submission and Owner's Review. All Required Submittals shall be
provided to Owner no later than the time, if any, specified in this Contract for their submission
or, if no time for submission is specified, in sufficient time, in Owner's sole opinion, to permit
Owner to review the same prior to the commencement of the part of the Work to which they
relate and prior to the purchase of any equipment, materials, or supplies that they describe.
Owner shall have the right to require such corrections as may be necessary to make such
submittals conform to this Contract. All such submittals shall, after final processing and review
with no exception noted by Owner, become a part of this Contract. No Work related to any
submittal shall be performed by Contractor until Owner has completed review of such submittal
with no exception noted. Owner's review and stamping of any Required Submittal shall be for
the sole purpose of examining the general management, design, and details of the proposed
Work, shall not relieve Contractor of the entire responsibility for the performance of the Work in
full compliance with, and as required by or pursuant to this Contract, and shall not be regarded as
any assumption of risk or liability by Owner.
D. Responsibility for Delay. Contractor shall be responsible for any delay in the
Work due to delay in providing Required Submittals conforming to this Contract.
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1.4 Review and Interpretation of Contract Provisions
Contractor represents and warrants that it has carefully reviewed this Contract, including
all of its Attachments, and the drawings identified in Attachment C, all of which are by this
reference incorporated into and made a part of this Contract. Contractor shall, at no increase in
the Contract Price, provide workmanship, equipment, materials, and supplies that fully conform
to this Contract. Whenever any equipment, materials or supplies are specified or described in
this Contract by using the name or other identifying feature of a proprietary product or the name
or other identifying feature of a particular manufacturer or vendor, the specific item mentioned
shall be understood as establishing the type, function and quality desired. Other manufacturers'
or vendors' products may be accepted, provided that the products proposed are equivalent in
substance and function to those named as determined by Owner in its sole and absolute
discretion.
Contractor shall promptly notify Owner of any discrepancy, error, omission, ambiguity,
or conflict among any of the provisions of this Contract before proceeding with any Work
affected thereby. If Contractor fails to give such notice to Owner, then the subsequent decision
of Owner as to which provision of this Contract shall govern shall be final, and any corrective
work required shall not entitle Contractor to any damages, to any compensation in excess of the
Contract Price, or to any delay or extension of the Contract Time.
When the equipment, materials, or supplies furnished by Contractor cannot be installed as
specified in this Contract, Contractor shall, without any increase in the Contract Price, make all
modifications required to properly install the equipment, materials, or supplies. Any such
modification shall be subject to the prior review and consent of Owner.
1.5 Conditions at the Work Site; Record Drawings
Contractor represents and warrants that it has had a sufficient opportunity to conduct a
thorough investigation of the Work Site and the surrounding area and has completed such
investigation to its satisfaction. Contractor shall have no claim for damages, for compensation in
excess of the Contract Price, or for a delay or extension of the Contract Time based upon
conditions found at, or in the vicinity of, the Work Site. When information pertaining to
subsurface, underground or other concealed conditions, soils analysis, borings, test pits, utility
locations or conditions, buried structures, condition of existing structures, and other
investigations is or has been provided by Owner, or is or has been otherwise made available to
Contractor by Owner, such information is or has been provided or made available solely for the
convenience of Contractor and is not part of this Contract. Owner assumes no responsibility
whatever in respect to the sufficiency or accuracy of such information, and there is no guaranty
or warranty, either expressed or implied, that the conditions indicated are representative of those
existing throughout the Work or the Work Site, or that the conditions indicated are representative
of those existing at any particular location, or that the conditions indicated may not change, or
that unanticipated conditions may not be present.
Contractor shall be solely responsible for locating all existing underground installations
by prospecting no later than two workdays prior to any scheduled excavation or trenching,
whichever is earlier. Contractor shall check all dimensions, elevations, and quantities indicated
in this Contract within the same time period as set forth above for prospecting underground
installations. Contractor shall lay out the Work in accordance with this Contract and shall
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establish and maintain such locations, lines and levels. Wherever pre-existing work is
encountered, Contractor shall verify and be responsible for dimensions and location of such pre-
existing work. Contractor shall notify Owner of any discrepancy between the dimensions,
elevations and quantities indicated in this Contract and the conditions of the Work Site or any
other errors, omissions or discrepancies which Contract may discover during such inspections.
Full instructions will be furnished by Owner should such error, omission, or discrepancy be
discovered, and Contractor shall carry out such instructions as if originally specified and without
any increase in Contract Price.
Before Final Acceptance of the Work, Contractor shall submit to Owner two sets of
Drawings of Record, unless a greater number is specified elsewhere in this Contract, indicating
al field deviations from Attachment B or the drawings identified in Attachment C.
1.6 Technical Ability to Perform
Contractor represents and warrants that it is sufficiently experienced and competent, and
has the necessary capital, facilities, plant, organization, and staff, to provide, perform and
complete the Work in full compliance with, and as required by or pursuant to, this Contract.
1.7 Financial Ability to Perform
Contractor represents and warrants that it is financially solvent, and Contractor has the
financial resources necessary to provide, perform and complete the Work in full compliance
with, and as required by or pursuant to, this Contract.
1.8 Time
Contractor represents and warrants that it is ready, willing, able and prepared to begin the
Work on the Commencement Date and that the Contract Time is sufficient time to permit
completion of the Work in full compliance with, and as required by or pursuant to, this Contract
for the Contract Price, all with due regard to all natural and man-made conditions that may affect
the Work or the Work Site and all difficulties, hindrances, and delays that may be incident to the
Work.
1.9 Safety at the Work Site
Contractor shall be solely and completely responsible for providing and maintaining safe
conditions at the Work Site, including the safety of all persons and property during performance
of the Work. This requirement shall apply continuously and shall not be limited to normal
working hours. Contractor shall take all safety precautions as shall be necessary to comply with
all applicable laws and to prevent injury to persons and damage to property.
Contractor shall conduct all of its operations without interruption or interference with
vehicular and pedestrian traffic on public and private rights-of-way, unless it has obtained
permits therefore from the proper authorities. If any public or private right-of-way shall be
rendered unsafe by Contractor's operations, Contractor shall make such repairs or provide such
temporary ways or guards as shall be acceptable to the proper authorities.
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1.10 Cleanliness of the Work Site and Environs
Contractor shall keep the Work Site and adjacent areas clean at all times during
performance of the Work and shall, upon completion of the Work, leave the Work Site and
adjacent areas in a clean and orderly condition.
1.11 Damage to the Work, the Work Site, and Other Property
The Work and everything pertaining thereto shall be provided, performed, completed,
and maintained at the sole risk and cost of Contractor from the Commencement Date until Final
Payment. Contractor shall be fully responsible for the protection of all public and private
property and all persons. Without limiting the foregoing, Contractor shall, at its own cost and
expense, provide all permanent and temporary shoring, anchoring and bracing required by the
nature of the Work in order to make all parts absolutely stable and rigid, even when such
shoring, anchoring and bracing is not explicitly specified, and support and protect all buildings,
bridges, roadways, conduits, wires, water pipes, gas pipes, sewers, pavements, curbs, sidewalks,
fixtures and landscaping of all kinds and all other public or private property that may be
encountered or endangered in providing, performing and completing the Work. Contractor shall
have no claim against Owner because of any damage or loss to the Work or to Contractor's
equipment, materials, or supplies from any cause whatsoever, including damage or loss due to
simultaneous work by others. Contractor shall, promptly and without charge to Owner, repair or
replace, to the satisfaction of Owner, any damage done to, and any loss suffered by, the Work
and any damage done to, and any loss suffered by, the Work Site or other property as a result of
the Work. Notwithstanding any other provision of this Contract, Contractor's obligations under
this Section shall exist without regard to, and shall not be construed to be waived by, the
availability or unavailability of any insurance, either of Owner or Contractor, to indemnify, hold
harmless, or reimburse Contractor for the cost of any repair or replacement work required by this
Section.
1.12 Subcontractors and Suppliers
A. Approval and Use of Subcontractors and Suppliers. Contractor shall perform the
Work with its own personnel and under the management, supervision, and control of its own
organization unless otherwise approved by Owner in writing. All subcontractors, suppliers, and
subcontracts used by Contractor shall be acceptable to, and approved in advance by, Owner.
Owner's approval of any subcontractor, supplier, and subcontract shall not relieve Contractor of
full responsibility and liability for the provision, performance, and completion of the Work in
full compliance with, and as required by or pursuant to, this Contract. All Work performed
under any subcontract shall be subject to all of the provisions of this Contract in the same
manner as if performed by employees of Contractor. Every reference in this Contract to
“Contractor” shall be deemed also to refer to all subcontractors and suppliers of Contractor.
Every subcontract shall include a provision binding the subcontractor or supplier to all
provisions of this Contract.
B. Removal of Subcontractors and Suppliers. If any subcontractor or supplier fails
to perform the part of the Work undertaken by it in a manner satisfactory to Owner, Contractor
shall immediately upon notice from Owner terminate such subcontractor or supplier. Contractor
shall have no claim for damages, for compensation in excess of the Contract Price, or for a delay
or extension of the Contract Time as a result of any such termination.
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1.13 Simultaneous Work By Others
Owner shall have the right to perform or have performed such other work, as Owner may
desire in, about, or near the Work Site during the performance of the Work by Contractor.
Contractor shall make every reasonable effort to perform the Work in such manner as to enable
both the Work and such other work to be completed without hindrance or interference from each
other. Contractor shall afford Owner and other contractors reasonable opportunity for the
execution of such other work and shall properly coordinate the Work with such other work.
1.14 Occupancy Prior to Final Payment
Owner shall have the right, at its election, to occupy, use, or place in service any part of
the Work prior to Final Payment. Such occupancy, use, or placement in service shall be
conducted in such manner as not to damage any of the Work or to unreasonably interfere with
the progress of the Work. No such occupancy, use, or placement in service shall be construed as
an acceptance of any of the Work or a release or satisfaction of Contractor's duty to insure and
protect the Work, not shall it, unless conducted in an unreasonable manner, be considered as an
interference with Contractor's provision, performance, or completion of the Work.
1.15 Owner's Right to Terminate or Suspend Work for Convenience
A. Termination or Suspension for Convenience. Owner shall have the right, for its
convenience, to terminate or suspend the Work in whole or in part at any time by written notice
to Contractor. Every such notice shall state the extent and effective date of such termination or
suspension. On such effective date, Contractor shall, as and to the extent directed, stop Work
under this Contract, cease all placement of further orders or subcontracts, terminate or suspend
Work under existing orders and subcontracts, cancel any outstanding orders or subcontracts that
may be cancelled, and take any action necessary to protect any property in its possession in
which Owner has or may acquire any interest and to dispose of such property in such manner as
may be directed by Owner.
B. Payment for Completed Work. In the event of any termination pursuant to
Subsection 1.15A above, Owner shall pay Contractor (1) such direct costs, excluding overhead,
as Contractor shall have paid or incurred for all Work done in compliance with, and as required
by or pursuant to, this Contract up to the effective date of termination together with ten percent
of such costs for overhead and profit; and (2) such other costs pertaining to the Work, exclusive
of overhead and profit, as Contractor may have reasonably and necessarily incurred as the result
of such termination. Any such payment shall be offset by any prior payment or payments and
shall be subject to Owner's rights to withhold and deduct as provided in this Contract.
ARTICLE II
CHANGES AND DELAYS
2.1 Changes
Owner shall have the right, by written order executed by Owner, to make changes in the
Contract, the Work, the Work Site, and the Contract Time (“Change Order”). If any Change
Order causes an increase or decrease in the amount of the Work, an equitable adjustment in the
Contract Price or Contract Time may be made. All claims by Contractor for an equitable
adjustment in either the Contract Price or the Contract Time shall be made within two business
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days following receipt of such Change Order, and shall, if not made prior to such time, be
conclusively deemed to have been waived. No decrease in the amount of the Work caused by
any Change Order shall entitle Contractor to make any claim for damages, anticipated profits, or
other compensation.
2.2 Delays
A. Extensions for Unavoidable Delays. For any delay that may result from causes
that could not be avoided or controlled by Contractor, Contractor shall, upon timely written
application, be entitled to issuance of a Change Order providing for an extension of the Contract
Time for a period of time equal to the delay resulting from such unavoidable cause. No
extension of the Contract Time shall be allowed for any other delay in completion of the Work.
B. No Compensation for Delays. No payment, compensation, damages, or
adjustment of any kind, other than the extension of the Contract Time provided in Subsection
2.2A above, shall be made to, or claimed by, Contractor because of hindrances or delays from
any cause in the commencement, prosecution, or completion of the Work, whether caused by
Owner or any other party and whether avoidable or unavoidable.
ARTICLE III
CONTRACTOR'S RESPONSIBILITY FOR DEFECTIVE WORK
3.1 Inspection; Testing; Correction of Defects
A. Inspection. Until Final Payment, all parts of the Work shall be subject to
inspection and testing by Owner or its designated representatives. Contractor shall furnish, at its
own expense, all reasonable access, assistance, and facilities required by Owner for such
inspection and testing.
B. Re-Inspection. Re-inspection and re-testing of any Work may be ordered by
Owner at any time, and, if so ordered, any covered or closed Work shall be uncovered or opened
by Contractor. If the Work is found to be in full compliance with this Contract, then Owner shall
pay the cost of uncovering, opening, re-inspecting, or re-testing, as the case may be. If such
Work is not in full compliance with this Contract, then Contractor shall pay such cost.
C. Correction. Until Final Payment, Contractor shall, promptly and without charge,
repair, correct, or replace all or any part of the Work that is defective, damaged, flawed, or
unsuitable or that in any way fails to conform strictly to the requirements of this Contract.
3.2 Warranty of Work
A. Scope of Warranty. Contractor warrants that the Work and all of its components
shall be free from defects and flaws in design, workmanship, and materials; shall strictly
conform to the requirements of this Contract; and shall be fit, sufficient and suitable for the
purposes expressed in, or reasonably inferred from, this Contract. The warranty herein expressed
shall be in addition to any other warranties expressed in this Contract, or expressed or implied by
law, which are hereby reserved unto Owner.
B. Repairs; Extension of Warranty. Contractor shall, promptly and without charge,
correct any failure to fulfill the above warranty that may be discovered or develop at any time
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within one year after Final Payment or such longer period as may be prescribed in Attachment B
or Attachment D to this Contract or by law. The above warranty shall be extended automatically
to cover all repaired and replacement parts and labor provided or performed under such warranty
and Contractor's obligation to correct Work shall be extended for a period of one year from the
date of such repair or replacement. The time period established in this Subsection 3.2B relates
only to the specific obligation of Contractor to correct Work and shall not be construed to
establish a period of limitation with respect to other obligations that Contractor has under this
Contract.
C. Subcontractor and Supplier Warranties. Whenever Attachment B or Attachment
D requires a subcontractor or supplier to provide a guaranty or warranty, Contractor shall be
solely responsible for obtaining said guaranty or warranty in form satisfactory to Owner and
assigning said warranty or guaranty to Owner. Acceptance of any assigned warranties or
guaranties by Owner shall be a precondition to Final Payment and shall not relieve Contractor of
any of its guaranty or warranty obligations under this Contract.
3.3 Owner's Right to Correct
If, within two business days after Owner gives Contractor notice of any defect, damage,
flaw, unsuitability, nonconformity, or failure to meet warranty subject to correction by
Contractor pursuant to Section 3.1 or Section 3.2 of this Contract, Contractor neglects to make,
or undertake with due diligence to make, the necessary corrections, then Owner shall be entitled
to make, either with its own forces or with contract forces, the corrections and to recover from
Contractor all resulting costs, expenses, losses, or damages, including attorneys' fees and
administrative expenses.
ARTICLE IV
FINANCIAL ASSURANCES
4.1 Bonds
Contemporaneous with Contractor's execution of this Contract, Contractor shall provide a
Performance Bond and a Labor and Material Payment Bond, on forms provided by, or otherwise
acceptable to, Owner, from a surety company licensed to do business in the State of Illinois with
a general rating of A minus and a financial size category of Class X or better in Best's Insurance
Guide, each in the penal sum of the Contract Price (“Bonds”). Contractor shall, at all times
while providing, performing, or completing the Work, including, without limitation, at all times
while correcting any failure to meet warranty pursuant to Section 3.2 of this Contract, maintain
and keep in force, at Contractor's expense, the Bonds required hereunder.
4.2 Insurance
Contemporaneous with Contractor's execution of this Contract, Contractor shall provide
certificates and policies of insurance evidencing the minimum insurance coverage and limits set
forth in Attachment A. For good cause shown, Owner may extend the time for submission of the
required policies of insurance upon such terms, and with such assurances of complete and
prompt performance, as Owner may impose in the exercise of its sole discretion. Such policies
shall be in a form, and from companies, acceptable to Owner. Such insurance shall provide that
no change, modification in, or cancellation of any insurance shall become effective until the
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expiration of 30 days after written notice thereof shall have been given by the insurance
company to Owner. Contractor shall, at all times while providing, performing, or completing the
Work, including, without limitation, at all times while correcting any failure to meet warranty
pursuant to Section 3.2 of this Contract, maintain and keep in force, at Contractor's expense, the
minimum insurance coverage and limits set forth in Attachment A.
4.3 Indemnification
Contractor shall indemnify, save harmless, and defend Owner and Christopher B. Burke
Engineering, Ltd. against any and all lawsuits, claims, demands, damages, liabilities, losses, and
expenses, including attorneys' fees and administrative expenses, that may arise, or be alleged to
have arisen, out of or in connection with Contractor's performance of, or failure to perform, the
Work or any part thereof, whether or not due or claimed to be due in whole or in part to the
active, passive, or concurrent negligence or fault of Contractor, except to the extent caused by
the sole negligence of Owner or Christopher B. Burke Engineering, Ltd.
ARTICLE V
PAYMENT
5.1 Contract Price
Owner shall pay to Contractor, in accordance with and subject to the terms and
conditions set forth in this Article V and Attachment A, and Contractor shall accept in full
satisfaction for providing, performing, and completing the Work, the amount or amounts set
forth in Attachment A (“Contract Price”), subject to any additions, deductions, or withholdings
provided for in this Contract.
5.2 Taxes and Benefits
Owner is exempt from and shall not be responsible to pay, or reimburse Contractor for,
any state or local sales, use, or excise taxes. The Contract Price includes all other applicable
federal, state, and local taxes of every kind and nature applicable to the Work as well as all taxes,
contributions, and premiums for unemployment insurance, old age or retirement benefits,
pensions, annuities, or other similar benefits. All claim or right to claim additional compensation
by reason of the payment of any such tax, contribution, or premium is hereby waived and
released by Contractor.
5.3 Progress Payments
A. Payment in Installments. The Contract Price shall be paid in monthly installments
in the manner set forth in Attachment A (“Progress Payments”).
B. Pay Requests. Contractor shall, as a condition precedent to its right to receive
each Progress Payment, submit to Owner a pay request in the form provided by Owner (“Pay
Request”). The first Pay Request shall be submitted not sooner than 60 days following
commencement of work. Owner may, by written notice to Contractor, designate a specific day
of each month on or before which Pay Requests must be submitted. Each Pay Request shall
include (a) Contractor's certification of the value of, and partial or final waivers of lien covering,
all Work for which payment is then requested and (b) Contractor's certification that all prior
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Progress Payments have been properly applied to the payment or reimbursement of the costs
with respect to which they were paid.
C. Work Entire. This Contract and the Work are entire and the Work as a whole is
of the essence of this Contract. Notwithstanding any other provision of this Contract, each and
every part of this Contract and of the Work are interdependent and common to one another and
to Owner's obligation to pay all or any part of the Contract Price or any other consideration for
the Work. Any and all Progress Payments made pursuant to this Article are provided merely for
the convenience of Contractor and for no other purpose.
5.4 Final Acceptance and Final Payment
A. Notice of Completion. When the Work has been completed and is ready in all
respects for acceptance by Owner, Contractor shall notify Owner and request a final inspection
(“Notice of Completion”). Contractor's Notice of Completion shall be given sufficiently in
advance of the Completion Date to allow for scheduling of the final inspection and for
completion or correction before the Completion Date of any items identified by such inspection
as being defective, damaged, flawed, unsuitable, nonconforming, incomplete, or otherwise not in
full compliance with, or as required by or pursuant to, this Contract (“Punch List Work”).
B. Punch List and Final Acceptance. The Work shall be finally accepted when, and
only when, the whole and all parts thereof shall have been completed to the satisfaction of
Owner in full compliance with, and as required by or pursuant to, this Contract. Upon receipt of
Contractor's Notice of Completion, Owner shall make a review of the Work and notify
Contractor in writing of all Punch List Work, if any, to be completed or corrected. Following
Contractor's completion or correction of all Punch List Work, Owner shall make another review
of the Work and prepare and deliver to Contractor either a written notice of additional Punch List
Work to be completed or corrected or a written notice of final acceptance of the Work (“Final
Acceptance”).
C. Final Payment. As soon as practicable after Final Acceptance, Contractor shall
submit to Owner a properly completed final Pay Request in the form provided by Owner (“Final
Pay Request”). Owner shall pay to Contractor the balance of the Contract Price, after deducting
therefrom all charges against Contractor as provided for in this Contract (“Final Payment”).
Final Payment shall be made not later than 60 days after Owner approves the Final Pay Request.
The acceptance by Contractor of Final Payment shall operate as a full and complete release of
Owner of and from any and all lawsuits, claims, demands, damages, liabilities, losses, and
expenses of, by, or to Contractor for anything done, furnished for, arising out of, relating to, or in
connection with the Work or for or on account of any act or neglect of Owner arising out of,
relating to, or in connection with the Work.
5.5 Liens
A. Title. Nothing in this Contract shall be construed as vesting in Contractor any
right of property in any equipment, materials, supplies, and other items provided under this
Contract after they have been installed in, incorporated into, attached to, or affixed to, the Work
or the Work Site. All such equipment, materials, supplies, and other items shall, upon being so
installed, incorporated, attached or affixed, become the property of Owner, but such title shall
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not release Contractor from its duty to insure and protect the Work in accordance with the
requirements of this Contract.
B. Waivers of Lien. Contractor shall, from time to time at Owner's request and in
any event prior to Final Payment, furnish to Owner such receipts, releases, affidavits, certificates,
and other evidence as may be necessary to establish, to the reasonable satisfaction of Owner, that
no lien against the Work or the public funds held by Owner exists in favor of any person
whatsoever for or by reason of any equipment, material, supplies, or other item furnished, labor
performed, or other thing done in connection with the Work or this Contract (“Lien”) and that no
right to file any Lien exists in favor of any person whatsoever.
C. Removal of Liens. If at any time any notice of any Lien is filed, then Contractor
shall, promptly and without charge, discharge, remove, or otherwise dispose of such Lien. Until
such discharge, removal, or disposition, Owner shall have the right to retain from any money
payable hereunder an amount that Owner, in its sole judgment, deems necessary to satisfy such
Lien and to pay the costs and expenses, including attorneys' fees and administrative expenses, of
any actions brought in connection therewith or by reason thereof.
D. Protection of Owner Only. This Section shall not operate to relieve Contractor's
surety or sureties from any of their obligations under the Bonds, nor shall it be deemed to vest
any right, interest, or entitlement in any subcontractor or supplier. Owner's retention of funds
pursuant to this Section shall be deemed solely for the protection of its own interests pending
removal of such Liens by Contractor, and Owner shall have no obligation to apply such funds to
such removal but may, nevertheless, do so where Owner's interests would thereby be served.
5.6 Deductions
A. Owner's Right to Withhold. Notwithstanding any other provision of this Contract
and without prejudice to any of Owner's other rights or remedies, Owner shall have the right at
any time or times, whether before or after approval of any Pay Request, to deduct and withhold
from any Progress or Final Payment that may be or become due under this Contract such amount
as may reasonably appear necessary to compensate Owner for any actual or prospective loss due
to: (1) Work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete;
(2) damage for which Contractor is liable under this Contract; (3) state or local sales, use, or
excise taxes from which Owner is exempt; (4) Liens or claims of Lien regardless of merit;
(5) claims of subcontractors, suppliers, or other persons regardless of merit; (6) delay in the
progress or completion of the Work; (7) inability of Contractor to complete the Work; (8) failure
of Contractor to properly complete or document any Pay Request; (9) any other failure of
Contractor to perform any of its obligations under this Contract; or (10) the cost to Owner,
including attorneys' fees and administrative costs, of correcting any of the aforesaid matters or
exercising any one or more of Owner's remedies set forth in Section 6.3 of this Contract.
B. Use of Withheld Funds. Owner shall be entitled to retain any and all amounts
withheld pursuant to Subsection 5.6A above until Contractor shall have either performed the
obligations in question or furnished security for such performance satisfactory to Owner. Owner
shall be entitled to apply any money withheld or any other money due Contractor under this
Contract to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits,
judgments, awards, attorneys' fees and administrative expenses incurred, suffered, or sustained
by Owner and chargeable to Contractor under this Contract.
11
ARTICLE VI
DISPUTES AND REMEDIES
6.1 Dispute Resolution Procedure
A. Notice of Disputes and Objections. If Contractor disputes or objects to any
requirement, direction, instruction, interpretation, determination, or decision of Owner,
Contractor may notify Owner in writing of its dispute or objection and of the amount of any
equitable adjustment to the Contract Price or Contract Time to which Contractor claims it will be
entitled as a result thereof; provided, however, that Contractor shall, nevertheless, proceed
without delay to perform the Work as required, directed, instructed, interpreted, determined, or
decided by Owner, without regard to such dispute or objection. Unless Contractor so notifies
Owner within two business days after receipt of such requirement, direction, instruction,
interpretation, determination, or decision, Contractor shall be conclusively deemed to have
waived all such disputes or objections and all claims based thereon.
B. Negotiation of Disputes and Objections. To avoid and settle without litigation
any such dispute or objection, Owner and Contractor agree to engage in good faith negotiations.
Within three business days after Owner's receipt of Contractor's written notice of dispute or
objection, a conference between Owner and Contractor shall be held to resolve the dispute.
Within three business days after the end of the conference, Owner shall render its final decision,
in writing, to Contractor. If Contractor objects to the final decision of Owner, then it shall,
within three business days, give Owner notice thereof and, in such notice, shall state its final
demand for settlement of the dispute. Unless Contractor so notifies Owner, Contractor shall be
conclusively deemed (1) to have agreed to and accepted Owner's final decision and (2) to have
waived all claims based on such final decision.
6.2 Contractor's Remedies
If Owner fails or refuses to satisfy a final demand made by Contractor pursuant to
Section 6.1 of this Contract, or to otherwise resolve the dispute which is the subject of such
demand to the satisfaction of Contractor, within ten days following receipt of such demand, then
Contractor shall be entitled to pursue such remedies, not inconsistent with the provisions of this
Contract, as it may have in law or equity.
6.3 Owner's Remedies
If it should appear at any time prior to Final Payment that Contractor has failed or refused
to prosecute, or has delayed in the prosecution of, the Work with diligence at a rate that assures
completion of the Work in full compliance with the requirements of this Contract on or before
the Completion Date, or has attempted to assign this Contract or Contractor's rights under this
Contract, either in whole or in part, or has falsely made any representation or warranty in this
Contract, or has otherwise failed, refused, or delayed to perform or satisfy any other requirement
of this Contract or has failed to pay its debts as they come due (“Event of Default”), and has
failed to cure any such Event of Default within five business days after Contractor's receipt of
written notice of such Event of Default, then Owner shall have the right, at its election and
without prejudice to any other remedies provided by law or equity, to pursue any one or more of
the following remedies:
12
1. Owner may require Contractor, within such reasonable time
as may be fixed by Owner, to complete or correct all or any
part of the Work that is defective, damaged, flawed,
unsuitable, nonconforming, or incomplete; to remove from
the Work Site any such Work; to accelerate all or any part
of the Work; and to take any or all other action necessary to
bring Contractor and the Work into strict compliance with
this Contract.
2. Owner may perform or have performed all Work necessary
for the accomplishment of the results stated in Paragraph 1
above and withhold or recover from Contractor all the cost
and expense, including attorneys' fees and administrative
costs, incurred by Owner in connection therewith.
3. Owner may accept the defective, damaged, flawed,
unsuitable, nonconforming, incomplete, or dilatory Work
or part thereof and make an equitable reduction in the
Contract Price.
4. Owner may terminate this Contract without liability for
further payment of amounts due or to become due under
this Contract.
5. Owner may, without terminating this Contract, terminate
Contractor's rights under this Contract and, for the purpose
of completing or correcting the Work, evict Contractor and
take possession of all equipment, materials, supplies, tools,
appliances, plans, specifications, schedules, manuals,
drawings, and other papers relating to the Work, whether at
the Work Site or elsewhere, and either complete or correct
the Work with its own forces or contracted forces, all at
Contractor's expense.
6. Upon any termination of this Contract or of Contractor's
rights under this Contract, and at Owner's option exercised
in writing, any or all subcontracts and supplier contracts of
Contractor shall be deemed to be assigned to Owner
without any further action being required, but Owner shall
not thereby assume any obligation for payments due under
such subcontracts and supplier contracts for any Work
provided or performed prior to such assignment.
7. Owner may withhold from any Progress Payment or Final
Payment, whether or not previously approved, or may
recover from Contractor, any and all costs, including
attorneys' fees and administrative expenses, incurred by
Owner as the result of any Event of Default or as a result of
13
actions taken by Owner in response to any Event of
Default.
8. Owner may recover any damages suffered by Owner.
6.4 Owner's Special Remedy for Delay
If the Work is not completed by Contractor, in full compliance with, and as required by
or pursuant to, this Contract, within the Contract Time as such time may be extended by Change
Order, then Owner may invoke its remedies under Section 6.3 of this Contract or may, in the
exercise of its sole and absolute discretion, permit Contractor to complete the Work but charge to
Contractor, and deduct from any Progress or Final Payments, whether or not previously
approved, administrative expenses and costs for each day completion of the Work is delayed
beyond the Completion Date, computed on the basis of the “Per Diem Administrative Charge”
set forth in Attachment A, as well as any additional damages caused by such delay.
6.5 Terminations and Suspensions Deemed for Convenience
Any termination or suspension of Contractor's rights under this Contract for an alleged
default that is ultimately held unjustified shall automatically be deemed to be a termination or
suspension for the convenience of Owner under Section 1.15 of this Contract.
ARTICLE VII
LEGAL RELATIONSHIPS AND REQUIREMENTS
7.1 Binding Effect
This Contract shall be binding upon Owner and Contractor and upon their respective
heirs, executors, administrators, personal representatives, and permitted successors and assigns.
Every reference in this Contract to a party shall also be deemed to be a reference to the
authorized officers, employees, agents, and representatives of such party.
7.2 Relationship of the Parties
Contractor shall act as an independent contractor in providing and performing the Work.
Nothing in, nor done pursuant to, this Contract shall be construed (1) to create the relationship of
principal and agent, partners, or joint ventures between Owner and Contractor or (2) except as
provided in Paragraph 6.3(6) above, to create any relationship between Owner and any
subcontractor or supplier of Contractor.
7.3 No Collusion
Contractor hereby represents that the only persons, firms, or corporations interested in
this Contract as principals are those disclosed to Owner prior to the execution of this Contract,
and that this Contract is made without collusion with any other person, firm, or corporation. If at
any time it shall be found that Contractor has, in procuring this Contract, colluded with any other
person, firm, or corporation, then Contractor shall be liable to Owner for all loss or damage that
Owner may suffer thereby, and this Contract shall, at Owner's option, be null and void.
14
7.4 Assignment
Contractor shall not (1) assign this Contract in whole or in part, (2) assign any of
Contractor's rights or obligations under this Contract, or (3) assign any payment due or to
become due under this Contract without the prior express written approval of Owner, which
approval may be withheld in the sole and unfettered discretion of Owner; provided, however,
that Owner's prior written approval shall not be required for assignments of accounts, as defined
in the Illinois Commercial Code, if to do so would violate Section 9-318 of the Illinois
Commercial Code, 810 ILCS 5/9-318. Owner may assign this Contract, in whole or in part, or
any or all of its rights or obligations under this Contract, without the consent of Contractor.
7.5 Confidential Information
All information supplied by Owner to Contractor for or in connection with this Contract
or the Work shall be held confidential by Contractor and shall not, without the prior express
written consent of Owner, be used for any purpose other than performance of the Work.
7.6 No Waiver
No examination, inspection, investigation, test, measurement, review, determination,
decision, certificate, or approval by Owner, nor any order by Owner for the payment of money,
nor any payment for, or use, occupancy, possession, or acceptance of, the whole or any part of
the Work by Owner, nor any extension of time granted by Owner, nor any delay by Owner in
exercising any right under this Contract, nor any other act or omission of Owner shall constitute
or be deemed to be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming
or incomplete Work, equipment, materials, or supplies, nor operate to waive or otherwise
diminish the effect of any warranty or representation made by Contractor; or of any requirement
or provision of this Contract; or of any remedy, power, or right of Owner.
7.7 No Third Party Beneficiaries
No claim as a third party beneficiary under this Contract by any person, firm, or
corporation other than Contractor shall be made, or be valid, against the Owner or the
Contractor.
7.8 Notices
All notices required or permitted to be given under this Contract shall be in writing and
shall be delivered (i) personally, (ii) by a reputable overnight courier or (iii) by certified mail,
return receipt requested, and deposited in the U.S. mail, postage prepaid. Unless otherwise
expressly provided in this Agreement, notices shall be deemed received upon the earlier of (a)
actual receipt; (b) one business day after deposit with an overnight courier as evidenced by a
receipt of deposit; or (c) three business days following deposit in the U.S. mail, as evidenced by
a return receipt. By notice complying with the requirements of this Section, each party shall
have the right to change the address or addressee, or both, for all future notices and
communications to the other party but no notice of a change of address or addressee shall be
effective until actually received. Notices and communications to the Owner shall be addressed
to, and delivered at, the following address:
15
Village of Lincolnwood
6900 North Lincoln Avenue
Lincolnwood, IL 60712
Attention: Andrew Letson, Director of Public Works
With a copy to: Holland & Knight LLP
131 S. Dearborn Street, 30th Floor
Chicago, Illinois 60603
Attention: Steven M. Elrod, Corporation Counsel
Notices and communications to the Contractor shall be addressed to, and delivered at, the
following address:
[INSERT NAME OF SUCCESSFUL BIDDER]
[INSERT ADDRESS OF SUCCESSFUL BIDDER]
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
7.9 Governing Laws
This Contract shall be governed by, construed and enforced in accordance with the
internal laws, but not the conflicts of laws rules, of the State of Illinois.
7.10 Changes in Laws
Unless otherwise provided in this Contract, any reference to existing law shall be deemed
to include any modifications of, or amendments, to existing law that may occur in the future.
7.11 Compliance with Laws
Contractor shall give all notices, pay all fees, and take all other action that may be
necessary to ensure that the Work is provided, performed, and completed in accordance with all
required governmental permits, licenses or other approvals and authorizations that may be
required in connection with providing, performing, and completing the Work, and with all
applicable statutes, ordinances, rules, and regulations, including without limitation the Prevailing
Wage Act, 820 ILCS 130/0.01 et seq. (in furtherance of which, a copy of Owner's ordinance
ascertaining the prevailing rate of wages, in effect as of the date of this Contract, has been
attached as an Appendix to this Contract; if the Illinois Department of Labor revises the
prevailing rate of hourly wages to be paid, the revised rate shall apply to this Contract); any other
prevailing wage laws; the Fair Labor Standards Act; any statutes regarding qualification to do
business; any statutes requiring preference to laborers of specified classes; the Illinois Steel
Products Procurement Act, 30 ILCS 565/1 et seq.; any statutes prohibiting discrimination
because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex,
or other prohibited classification, including, without limitation, the Americans with Disabilities
Act of 1990, 42 U.S.C. §§ 12101 et seq., the Illinois Human Rights Act, 775 ILCS 5/1-101 et
seq., and the Public Works Discrimination Act, 775 ILCS 10/1 et seq.; and any statutes regarding
safety or the performance of the Work, including the Illinois Structural Work Act, the Illinois
16
Underground Utility Facilities Damage Prevention Act, and the Occupational Safety and Health
Act. Contractor shall also comply with all conditions of any federal, state, or local grant
received by Owner or Contractor with respect to this Contract or the Work. Further, Bidder shall
have a written sexual harassment policy in compliance with Section 2-105 of the Illinois Human
Rights Act .
Contractor shall be solely liable for any fines or civil penalties that are imposed by any
governmental or quasi-governmental agency or body that may arise, or be alleged to have arisen,
out of or in connection with Contractor's, or its subcontractors' or suppliers', performance of, or
failure to perform, the Work or any part thereof.
Every provision of law required by law to be inserted into this Contract shall be deemed
to be inserted herein.
7.12 Compliance with Patents
A. Assumption of Costs, Royalties, and Fees. Contractor shall pay or cause to be
paid all costs, royalties, and fees arising from the use on, or the incorporation into, the Work, of
patented equipment, materials, supplies, tools, appliances, devices, processes, or inventions.
B. Effect of Contractor Being Enjoined. Should Contractor be enjoined from
furnishing or using any equipment, materials, supplies, tools, appliances, devices, processes, or
inventions supplied or required to be supplied or used under this Contract, Contractor shall
promptly offer substitute equipment, materials, supplies, tools, appliances, devices, processes, or
inventions in lieu thereof, of equal efficiency, quality, suitability, and market value, for review
by Owner. If Owner should disapprove the offered substitutes and should elect, in lieu of a
substitution, to have supplied, and to retain and use, any such equipment, materials, supplies,
tools, appliances, devices, processes, or inventions as may by this Contract be required to be
supplied, Contractor shall pay such royalties and secure such valid licenses as may be requisite
and necessary for Owner to use such equipment, materials, supplies, tools, appliances, devices,
processes, or inventions without being disturbed or in any way interfered with by any proceeding
in law or equity on account thereof. Should Contractor neglect or refuse to make any approved
substitution promptly, or to pay such royalties and secure such licenses as may be necessary,
then Owner shall have the right to make such substitution, or Owner may pay such royalties and
secure such licenses and charge the cost thereof against any money due Contractor from Owner
or recover the amount thereof from Contractor and its surety or sureties notwithstanding that
Final Payment may have been made.
7.13 Time of the Essence
Time is of the essence in the performance of all terms and provisions of this Contract
Calendar Days and Time.
7.14 Calendar Days and Time
Unless otherwise provided in this Contract, any reference in this Contract to "day" or
"days" shall mean calendar days and not business days. If the date for giving of any notice
required to be given, or the performance of any obligation, under this Contract falls on a
Saturday, Sunday, or federal holiday, then the notice or obligation may be given or performed on
the next business day after that Saturday, Sunday, or federal holiday.
17
7.15 Severability
It is hereby expressed to be the intent of the parties to this Contract that should any
provision, covenant, agreement, or portion of this Contract or its application to any Person or
property be held invalid by a court of competent jurisdiction, the remaining provisions of this
Contract and the validity, enforceability, and application to any Person or property shall not be
impaired thereby, but the remaining provisions shall be interpreted, applied, and enforced so as
to achieve, as near as may be, the purpose and intent of this Contract to the greatest extent
permitted by applicable law.
7.16 Entire Agreement
This Contract constitutes the entire agreement between the parties to this Contract
concerning the work and supercedes all prior agreements and negotiations between the parties,
whether written or oral relating to the subject matter of this Contract.
7.17 Amendments and Modifications
No amendment or modification to this Contract shall be effective until it is reduced to
writing and approved and executed by the corporate authorities of the parties in accordance with
all applicable statutory procedures.
IN WITNESS WHEREOF, Owner and Contractor have caused this Contract to be
executed in five original counterparts as of the day and year first written above.
ATTEST: VILLAGE OF LINCOLNWOOD
By:
Beryl Herman, Village Clerk Robert Merkel, Interim Village Manager
ATTEST: [INSERT NAME OF SUCCESSFUL
BIDDER]
By: By:
[NAME OF CONTRACTOR’S
EXECUTING OFFICER]
Title: Title:
[TITLE OF CONTRACTOR’S
EXECUTING OFFICER]
18
STATE OF ILLINOIS )
) SS
COUNTY OF __________ )
CONTRACTOR'S CERTIFICATION
________________________________________________ EXECUTING OFFICER,
being first duly sworn on oath, deposes and states that all statements herein made are made on
behalf of Contractor, that this deponent is authorized to make them, and that the statements
contained herein are true and correct.
Contractor deposes, states, and certifies that Contractor is not barred from contracting
with a unit of state or local government as a result of (i) a delinquency in the payment of any tax
administered by the Illinois Department of Revenue unless Contractor is contesting, in
accordance with the procedures established by the appropriate Revenue Act, its liability for the
tax or the amount of tax, as set forth in 65 ILCS 5/11-42.1-1; or (ii) a violation of either
Section 33E-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1
et seq.
DATED this ____________ day of ___________, 20__.
ATTEST: [INSERT NAME OF
SUCCESSFUL BIDDER]
By: ______________________ By: ______________________________
[INSERT NAME OF
CONTRACTOR'S EXECUTING
OFFICER]
Title: ______________________ Title: [INSERT TITLE OF
CONTRACTOR’S EXECUTING
OFFICER]
Subscribed and Sworn to My Commission Expires: __________________
before me this ____ day
of _____________, 20__.
____________________________ [SEAL]
Notary Public
19
ATTACHMENT A
SUPPLEMENTAL SCHEDULE OF CONTRACT TERMS
1. Project:
Painting work required for surface preparation and painting of existing potable water
storage tanks, miscellaneous welding and tank maintenance repairs.
2. Work Site:
7034 N. Central Park Avenue, Lincolnwood, IL 60712
3. Permits, Licenses, Approvals, and Authorizations:
Contractor shall obtain all required governmental permits, licenses, approvals, and
authorizations
4. Commencement Date:
May 1, 2019
5. Completion Date:
180 calendar days following the Commencement Date plus extensions, if any, authorized
by a Change Order issued pursuant to Subsection 2.2A of the Contract
6. Insurance Coverage:
A. Worker's Compensation and Employer's Liability with limits not less than:
(1) Worker's Compensation: Statutory;
(2) Employer's Liability:
$300,000 injury-per occurrence
$500,000 disease-per employee
$500,000 disease-policy limit
Such insurance shall evidence that coverage applies in the State of Illinois Article
107.02.
B. Comprehensive Motor Vehicle Liability with a combined single limit of liability
for bodily injury and property damage of not less than $1,000,000 for vehicles
owned, non-owned, or rented.
-1-
ATTACHMENT A
All employees shall be included as insured.
C. Comprehensive General Liability with coverage written on an “occurrence” basis
and with limits no less than:
(1) General Aggregate: $2,000,000
(2) Bodily Injury:
$500,000 per person
$1,000,000 per occurrence
(3) Property Damage:
$1,000,000 per occurrence, and
$2,000,000 aggregate.
(4) Other Coverage:
Coverage’s shall include:
- Premises/Operations
- Products/Completed Operations (to be maintained for two years following
Final Payment)
- Independent Contractors
- Personal Injury (with Employment Exclusion deleted)
- Broad Form Property Damage Endorsement
- Blanket Contractual Liability (must expressly cover the indemnity
provisions of the Contract)
- Bodily Injury and Property Damage
“X”, “C”, and “U” exclusions shall be deleted.
Railroad exclusions shall be deleted if Work Site is within 50 feet of any railroad
track.
All employees shall be included as insured.
-2-
ATTACHMENT A
D. Umbrella Policy. The required coverage may be in any combination of primary,
excess, and umbrella policies. Any excess or umbrella policy must provide
excess coverage over underlying insurance on a following-form basis such that
when any loss covered by the primary policy exceeds the limits under the primary
policy, the excess or umbrella policy becomes effective to cover such loss.
E. Owner as Additional Insured. Owner and Christopher B. Burke Engineering, Ltd.
shall be named as an Additional Insured on the required policies excluding
worker’s compensation.
7. Contract Price:
SCHEDULE OF PRICES (SEE ATTACHMENT A-1)
[TO BE SUPPLIED BY BIDDER]
8. Progress Payments:
A. General. Owner shall pay to Contractor 90 percent of the Value of Work,
determined in the manner set forth below, installed and complete in place up to
the day before the Pay Request, less the aggregate of all previous Progress
Payments, until 50 percent of contract Value of Work is completed. The total
amount of Progress Payments made prior to Final Acceptance by Owner shall not
exceed 95 percent of the Contract Price.
B. Value of Work. The Value of the Work shall be determined as follows (when
applicable):
(1) Lump Sum Items. For all Work to be paid on a lump sum basis,
Contractor shall, not later than 10 days after execution of the Contract and
before submitting its first Pay Request, submit to Owner a schedule
showing the value of each component part of such Work in form and with
substantiating data acceptable to Owner (“Breakdown Schedule”). The
sum of the items listed in the Breakdown Schedule shall equal the amount
or amounts set forth in the Schedule of Prices for Lump Sum Work. An
unbalanced Breakdown Schedule providing for overpayment of Contractor
on component parts of the Work to be performed first will not be accepted.
The Breakdown Schedule shall be revised and resubmitted until
acceptable to Owner. No payment shall be made for any lump sum item
until Contractor has submitted, and Owner has approved, an acceptable
Breakdown Schedule.
-3-
ATTACHMENT A
Owner may require that the approved Breakdown Schedule be revised
based on developments occurring during the provision and performance of
the Work. If Contractor fails to submit a revised Breakdown Schedule
that is acceptable to Owner, Owner shall have the right either to suspend
Progress and Final Payments for Lump Sum Work or to make such
Payments based on Owner's determination of the value of the Work
completed.
(2) Unit Price Items. For all Work to be paid on a unit price basis, the value
of such Work shall be determined by Owner on the basis of the actual
number of acceptable units of Unit Price Items installed and complete in
place, multiplied by the applicable Unit Price set forth in the Schedule of
Prices. The actual number of acceptable units installed and complete in
place shall be measured on the basis described in Attachment B to the
Contract or, in the absence of such description, on the basis determined by
Owner. The number of units of Unit Price Items stated in the Schedule of
Prices are Owner's estimate only and shall not be used in establishing the
Progress or Final Payments due Contractor. The Contract Price shall be
adjusted to reflect the actual number of acceptable units of Unit Price
Items installed and complete in place upon Final Acceptance.
C. Application of Payments. All Progress and Final Payments made by Owner to
Contractor shall be applied to the payment or reimbursement of the costs with
respect to which they were paid and shall not be applied to or used for any pre-
existing or unrelated debt between Contractor and Owner or between Contractor
and any third party.
9. Tank Evaluation Report
A tank inspection has previously been made and the results are available for
inspection by prospective Bidders, but are not a part nor do they constitute a
portion of these Contract Documents whether attached or not. The Owner nor the
Owner’s Consultant assumes any responsibility whatever with respect to the
sufficiency or accuracy of these investigations, nor of their interpretation, and
there is no guarantee, either expressed or implied, that the conditions indicated are
representative of those existing, or that unforeseen developments may not occur.
-4-
ATTACHMENT A
ATTACHMENT A-1
SCHEDULE OF PRICES
[TO BE SUPPLIED BY BIDDER]
-5-
ATTACHMENT B
SPECIFICATIONS
-1-
ATTACHMENT D
Except for such work as may be required to properly maintain lights and
barricades, no work will be permitted on Sundays, legal holidays, Passover, Rosh Hashanah,
Yom Kippur, Hanukkah, and on weekdays between 6:00 p.m. and 7:00 a.m. On Saturdays, no
work shall begin before 9:00 a.m. or proceed after 12:00 p.m. without specific permission of the
Engineer (Village of Lincolnwood).
-1-
LIQUIDATED DAMAGES
SECTION 00 73 93
PART 1- LIQUIDATED DAMAGES
In case of failure on the part of the Contractor to meet the Contract Completion Date,
or any extensions thereof, as bid under the Bid Form (Section 00 52 43) for Completion
of the Work, the Contractor shall pay to the Owner as fixed, agreed, and liquidated
damages the sum of $250.00 for each calendar day that completion is delayed.
However, the total amount of liquidated damages to be assessed by the Owner in case
of such delays, shall not exceed 10 percent of the original contract price.
In the event that it becomes necessary to terminate the Contractor's right to proceed
with the Work under the Contract, such termination shall not relieve the Contractor of
any responsibility for liquidated damages as set forth herein. If the Owner so
terminates the Contractor's right to proceed, any resulting damage will include, subject
to the limitation stated above, such liquidated damages as provided for herein until such
reasonable time as may be required for completion of the Work by the Owner.
END OF SECTION
140090.C1805 10/22/18 00 73 93-1
VILLAGE OF LINCOLNWOOD
1.5 MG Standpipe Painting and Rehabilitation Project
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
________________________________________________________________, as Principal,
hereinafter called Contractor, and _______________________________________, as Surety,
a corporation organized and existing under the laws of the State of ________________,
hereinafter called Surety, are held and firmly bound unto the VILLAGE OF LINCOLNWOOD,
6900 North Lincoln Avenue, Lincolnwood, Illinois, 60712, as Obligee, hereinafter called Owner,
for the use and benefit of itself and of claimants as hereinafter defined, in the full and just sum of
____________________ Dollar ($___________________), for the payment of which sum of
money well and truly to be made, Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents, said
amount to include payment of actual costs and damages and for attorneys’ fees, architectural
fees, design fees, engineering fees, accounting fees, testing fees, consulting fees,
administrative costs, court costs, interest and any other fees and expenses resulting from or
incurred by reason of Contractor’s failure to promptly and faithfully perform its contract with
Owner, said contract being more fully described below, and to include attorneys’ fees, court
costs and administrative and other expenses necessarily paid or incurred in successfully
enforcing performance of the obligation of Surety under this bond.
WHEREAS, Contractor has entered into a written agreement dated
____________________, with Owner entitled “Contract Between Village of Lincolnwood and
____________________ for the 1.5 MG Standpipe Painting and Rehabilitation Project ” (the
“Contract”), the terms and conditions of which are by this reference incorporated herein as though
fully set forth herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if
Contractor shall well, truly, and promptly perform all the undertakings, covenants, terms,
conditions, and agreements of said Contractor under the Contract, including, but not limited to,
Contractor’s obligations under the Contract: (1) to provide, perform and complete at the Work
Site and in the manner specified in the Contract all necessary work, labor, services,
transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water,
waste disposal, information, data, and other means and items necessary for the 1.5 MG
Standpipe Painting and Rehabilitation Project, together with related attachments, equipment, and
appurtenances thereto; (2) to procure and furnish all permits, licenses, and other
governmental approvals and authorizations necessary in connection therewith except as
otherwise expressly provided in the Special Conditions of Contract; (3) to procure and furnish
all bonds and certificates and policies of insurance specified in the Contract; (4) to pay all
applicable federal, state, and local taxes;(5) to do all other things required of Contractor by the
Contract; and (6) to provide, perform, and complete all of the foregoing in a proper and
workmanlike manner and in full compliance with, and as required by and pursuant to, the
Contract; all of which is herein referred to as the “Work,” whether or not any of said Work
enter into and become component parts of the improvement contemplated, then this
obligation shall be null and void; otherwise it shall remain in full force and effect.
Surety, for value received, hereby stipulates and agrees that no changes,
modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances
on the part of either Owner or Contractor to the other in or to the terms of said Contract; in or to the
schedules, plans, drawings, or specifications; in or to the method or manner of performance
of the Work; in or to Owner-furnished facilities, equipment, materials, services, or sites; or in or
to the mode or manner of payment therefor, shall in any way release Contractor and Surety or
either or any of them, or any of their heirs, executors, administrators, successors, or assigns, or
affect the obligations of Surety on this bond, all notice of any and all of the foregoing changes,
modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances,
and notice of any and all defaults by Contractor or of Owner’s termination of Contractor being
hereby waived by Surety.
Notwithstanding anything to the contrary in the foregoing paragraph, in no event
shall the obligations of Surety under this bond in the event of Contractor’s default be greater
than the obligations of Contractor under the Contract in the absence of such Contractor default.
In the event of a default or defaults by Contractor, Owner shall have the right to
take over and complete the Contract upon 30 calendar days’ written notice to Surety, in which
event Surety shall pay Owner all costs incurred by Owner in taking over and completing the
Contract.
At its option, Owner may instead request that Surety take over and complete the
Contract, in which event Surety shall take reasonable steps to proceed promptly with completion
no later than 30 calendar days from the date on which Owner notifies Surety that Owner wants
Surety to take over and complete the Contract.
Owner shall have no obligation to actually incur any expense or correct any
deficient performance of Contractor in order to be entitled to receive the proceeds of this bond.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than Owner or the heirs, executors, administrators, or successors of Owner.
Signed and sealed this ___ day of ______, 2018.
Attest/Witness: PRINCIPAL: _____________________________
By: _______________________ By: ___________________________________
Title: ________________________ Title:
Attest/Witness: SURETY:
By: _______________________ By: ___________________________________
Title: ________________________ Title: ___________________________________
Telephone: _____________________________
VILLAGE OF LINCOLNWOOD
1.5 MG Standpipe Painting and Rehabilitation Project
LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
________________________________________________________________, as Principal,
hereinafter called Contractor, and _______________________________________, as Surety,
a corporation organized and existing under the laws of the State of ________________,
hereinafter called Surety, are held and firmly bound unto the VILLAGE OF LINCOLNWOOD,
6900 North Lincoln Avenue, Lincolnwood, Illinois, 60712, as Obligee, hereinafter called Owner,
for the use and benefit of itself and of claimants as hereinafter defined, in the full and just sum of
____________________ Dollar ($___________________), to be paid to it or the said claimants
or its or their assigns, to which payment well and truly to be made Contractor and Surety bind
themselves, their heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents, said amount to include attorney’s fees, court costs, and
administrative and other expenses necessarily paid or incurred in successfully enforcing
performance of the obligation of Surety under this bond.
WHEREAS, Contractor has entered into a written agreement dated
____________________, with Owner entitled “Contract Between Village of Lincolnwood and
____________________ for the 1.5 MG Standpipe Painting and Rehabilitation Project ” (the
“Contract”), the terms and conditions of which are by this reference incorporated herein as
though fully set forth herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT
if Contractor shall promptly pay or cause to be paid all sums of money that may be due to any
claimant with respect to Contractor’s obligations under the Contract: (1) to provide, perform,
and complete at the Work Site and in the manner specified in the Contract all necessary work,
labor, services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas,
electric, water, waste disposal, information, data, and other means and items necessary for the
1.5 MG Standpipe Painting and Rehabilitation Project, together with related
attachments, equipment, and appurtenances thereto; (2) to procure and furnish all
permits, licenses, and other governmental approvals and authorizations necessary in
connection therewith except as otherwise expressly provided in the Special Conditions
of Contract; (3) to procure and furnish all bonds and certificates and policies of
insurance specified in the Contract; (4) to pay all applicable federal, state, and local
taxes; (5) to do all other things required of Contractor by the Contract; and (6) to provide,
perform, and complete all of the foregoing in a proper and workmanlike manner and in
full compliance with, and as required by and pursuant to, the Contract; all of which is
herein referred to as the “Work,” whether or not any of said Work enter into and
become component parts of the improvement contemplated, then this obligation shall be
null and void; otherwise it shall remain in full force and effect.
For purpose of this bond, a claimant is defined as one having a direct contract
with Contractor or with a subcontractor of Contractor to provide, perform or complete any part
of the Work.
Contractor and Surety hereby jointly and severally agree that every claimant
who has not had all just claims for the furnishing of any part of the Work paid in full,
including, without limitation, all claims for amounts due for materials, lubricants, oil, gasoline,
rentals of, or service or repairs on, machinery, equipment, and tools consumed or used in
connection with the furnishing of any part of the Work, may sue on this bond for the use of
such claimant, may
prosecute the suit to final judgment for such sum or sums as may be justly due such claimant,
and may have execution therein; provided, however, that Owner shall not be liable for the
payment of any costs or expenses of any such suit. The provisions of 30 ILCS 550/1 and 30
ILCS 550/2 shall be deemed inserted herein, including the time limits within which notices of
claim must be filed and actions brought under this bond.
Contractor and Surety hereby jointly agree that Owner may sue on this bond if
Owner is held liable to, or voluntarily agrees to pay, any claimant directly, but nothing in this
bond shall create any duty on the part of Owner to pay any claimant.
Surety, for value received, hereby stipulates and agrees that no changes,
modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances
on the part of Owner or Contractor to the other in or to the terms of said Contract; in or to the
schedules, plans, drawings, or specifications; in or to the method or manner of performance of
the Work; in or to Owner-furnished facilities, equipment, materials, services, or sites; or in or to
the mode or manner of payment therefor shall in any way release Contractor and Surety or
either or any of them, or any of their heirs, executors, administrators, successors, or assigns, or
affect the obligations of said Surety on this bond, all notice of any and all of the foregoing
changes, modifications, alterations, omissions, deletions, additions, extensions of time, or
forbearances and notice of any and all defaults by Contractor or of Owner’s termination of
Contractor being hereby waived by Surety.
Signed and sealed this ___ day of ______, 2018.
Attest/Witness: PRINCIPAL: _____________________________
By: _______________________ By: ___________________________________
Title: ________________________ Title:
Attest/Witness: SURETY:
By: _______________________ By: ___________________________________
Title: ________________________ Title: ___________________________________
Telephone: _____________________________
DRAWINGS AND PHOTOS
SECTION 00 85 00
The following Drawings shall be made part of these Bidding Documents and shall form a basis for the
Contract Price.
DRAWING TITLE
Water Tank Photos (1 of 7)
Water Tank Photos (2 of 7)
Water Tank Photos (3 of 7)
Water Tank Photos (4 of 7)
Water Tank Photos (5 of 7)
Water Tank Photos (6 of 7)
Water Tank Photos (7 of 7)
Photos have been included in these Bidding Documents for informational purposes only and may not
reflect all existing conditions. The information provided is not intended to depict all Work or conditions.
Contractor shall be responsible for inspecting the site and determining actual conditions and the nature
of Work involved for this Project.
If awarded the Contract and before starting work, the contractor shall field verify for accuracy all
information pertinent to this project and conditions as noted thereon. Any discrepancies found shall be
brought to the attention of the Owner immediately. If such discrepancies will result in changes to
Contractor’s prices, these changes shall be discussed with the Owner and executed before Contractor
starts Work. The Owner will not accept any changes in Contract Price after start of Work which may or
may not be due to any discrepancy in the information presented.
END OF SECTION
140090.C1805 10/22/18 00 85 00-1
DRAWINGS AND PHOTOS
Village to remove all Village stockpiled materials prior to issuing a Notice to
Proceed.
Areas of staged materials to be removed prior to the Contractor being issued a
Notice to Proceed.
140090.C1805 10/22/18 00 85 00-1
DRAWINGS AND PHOTOS
Communications equipment building located at southwest corner of site. Contractor
to keep area clear.
Village of Lincolnwood potable water pump station on east side of tower. Contractor
to modify containment curtain to not disturb normal operations of this building.
140090.C1805 10/22/18 00 85 00-2
DRAWINGS AND PHOTOS
Area to be used to stage temporary monopole. Pole centerline to be located 40’
from outside diameter of standpipe.
Temporary monopole area. Area to be cleared by Village staff to make room for
Contractor staging and equipment.
140090.C1805 10/22/18 00 85 00-3
DRAWINGS AND PHOTOS
Splash block to be maintained to overflow piping.
Existing manway access hatch to be removed and replaced with new 30” bolt down
flanged hatch.
140090.C1805 10/22/18 00 85 00-4
DRAWINGS AND PHOTOS
Vertical view of tank exterior.
Conduit penetrations at access pilaster. Manway access to be fully blasted and
repainted and all interior lights to be replaced with new LED lights.
140090.C1805 10/22/18 00 85 00-5
DRAWINGS AND PHOTOS
Foundation ring wall of standpipe and anchor bolts and chairs to be blasted and
repainted.
Delamination of exterior coating system.
140090.C1805 10/22/18 00 85 00-6
DRAWINGS AND PHOTOS
North side of standpipe showing delamination of exterior coating surface.
140090.C1805 10/22/18 00 85 00-7
GENERAL REQUIREMENTS FOR TANK PAINTING
SECTION 01 01 20
PART 1- GENERAL
1.01 SCOPE
A. Description
This Section describes the General Requirements for
the Work to be performed under this Contract. The
Contractor shall comply with these General
Requirements and shall perform all Work in accordance
with the Specifications contained in this Section, as
supplemented by Specifications in related Special
Provisions, and as shown on the Drawings.
1.02 QUALITY ASSURANCE
Acceptable manufacturers for various materials are
specified in respective Sections of these Contract
Documents. For convenience of designation in the
Contract Documents, certain materials are designated
by manufacturer trade name or catalog name and number.
Such designation shall be deemed to be followed by the
words "or equal" whether such words are shown or not.
The Contractor may offer materials which are equal to
that so indicated or specified at the time of Bid. The
burden of proof as to comparative quality and
suitability of alternatives/substitutes shall be upon
the Contractor. Specified items are preferred. After
acceptance of Bid, no substitutions will be allowed,
except as stated in the Bid. Each such request for
substitution shall include the name of the specified
material for which a substitute is being requested;
the name of the proposed substitute material; and a
complete description of the proposed substitute
including performance and test data and any other
information necessary for an evaluation. The decision
of the Owner regarding the use of the proposed
substitution shall be final.
1.03 CONTAINMENT/DISPOSAL REQUIREMENTS
When required by Federal, State or local regulation,
the entire water storage tank and structure shall be
enclosed and surface preparation debris contained.
Refer to SSPC-GUIDE 6 (CON), "Guide for Containing
Debris Generated During Paint Removal Operations".
Also refer to SSPC-GUIDE 7 I (DIS), "Guide for Disposal
of Lead-Contaminated Surface Preparation Debris".
NOTE: All surface preparation debris must be disposed
140090.C1805 10/22/18 01 01 20-1
GENERAL REQUIREMENTS FOR TANK PAINTING
of in accordance with applicable Federal, State and
local regulations. When containment
structures/enclosures are used, they shall not exceed
the structural capacity of the water storage tank nor
place excessive stress on any of the water storage
tank components. Such containment apparatus shall be
designed for rapid lowering in the event of an
emergency or wind storm. The enclosure shall be
lowered at the end of each day's work.
The Owner acknowledges that they are the Generator of
and are responsible for the proper containment and
disposal of all waste resulting from the surface
preparation of the tank. As part of this Contract,
the Contractor shall arrange and pay for all
containment, tests, permits, transportation and
disposal of all waste resulting from the surface
preparation of the water storage tank in strict
accordance with Illinois EPA regulations. Copies of
all documentation required by Illinois EPA regulations
shall be submitted to the Owner for verification prior
to the submission of the Contractor's request for
Final Payment, including the properly executed Waste
Manifest.
The Contractor shall cut and grind flush all exterior
containment structure lugs and prepare and paint areas
as specified in the exterior painting Section of these
Specifications.
Upon removal of the exterior lugs, the Contractor
shall also repair any damaged interior coating by
methods described in the interior painting Section of
these Specifications. Abrasive blasting to bare metal
(SSPC-SP10) shall be required in the damaged areas.
1.04 PROTECTION OF PUBLIC AND PRIVATE PROPERTY
During surface preparation and/or painting the
Contractor shall be fully responsible for all public
and private property such as, but not limited to,
vehicles, buildings or other such property, including
any nearby water ways, that damage occurs to, or may
occur to, as a direct result of the surface preparation
and/or painting. The Contractor shall advise nearby
businesses of the Work being performed in an effort to
relocate any vehicles that could be damaged by the
Contractors operations. THE USE OF SILICA SAND BASED
ABRASIVE SHALL NOT BE ALLOWED FOR EXTERIOR SURFACE
PREPARATION ON THIS PROJECT. The Contractor shall
comply with all OSHA and any other Federal or State
140090.C1805 10/22/18 01 01 20-2
GENERAL REQUIREMENTS FOR TANK PAINTING
safety standards.
1.05 PROPOSED SCHEDULE
The Contractor shall submit a proposed schedule of
construction with his/her proposal with a specified
completion date.
The Contractor's proposed schedule shall include a
starting date for painting the tank, completion date
of Work on the tank and the length of time necessary
to shut down operation of the tank. The proposed
schedule shall also show the number of days to perform
interior painting work and the number of days to
perform exterior painting work.
The Contractor's proposed schedule shall be used for
bid comparison and shall be subject to the revisions
or modifications and approval of the Owner prior to
award of the Contract. Start date shall be as soon as
possible (weather permitting) after contract award.
1.06 WATER TOWER DRAINING
The 1.5 MG Standpipe will be completely drained by the
Owner prior to beginning the Work of this Contract.
The Contractor shall notify the Owner at least ten
(10) working days prior to initiating any of the
specified Work, to allow the Owner sufficient time to
drain the water storage tank. Refer to SCADA
modifications specifications for additional work and
coordination required for draining and filling of
standpipe.
1.07 DISINFECTION AND FILLING OF THE WATER TOWER
Adequate ventilation that will effectively remove
solvent vapors shall be provided for proper drying of
paint on interior surfaces when interior surfaces of
the water storage tank require painting. Following
final coat application, the water storage tank shall
not be disinfected or filled until the coating system
is fully cured. Refer to applicable product data
sheet(s) for dry time/temperature requirements.
Disinfection shall be done in accordance with the
current American Water Works Association standard,
AWWA C652, or as instructed by the Owner. The
disinfection process shall be repeated, as required,
until water samples taken from the water storage tank,
submitted to an approved Illinois EPA laboratory, show
a satisfactory analysis. As a minimum, two water
140090.C1805 10/22/18 01 01 20-3
GENERAL REQUIREMENTS FOR TANK PAINTING
samples on two consecutive days shall be taken. The
cost of labor, materials and samples for disinfection
shall be considered incidental to the cost of this
Project.
1.08 AMERICAN WATER WORKS ASSOCIATION
All Work shall be implemented in accordance with the
American Water Works Association's Standard D102-11.
1.09 NSF CERTIFICATION
All coatings in contact with potable water or applied
to the inside wet area of the water storage tank shall
be listed by NSF International under ANSI/NSF Standard
61, Section 5, Protective (Barrier) Materials, Potable
Water Tank Coatings.
1.10 FIRST ANNIVERSARY INSPECTION
Approximately 11 months after the completion of the
work, the Contractor and the Village’s Representative
shall inspect the inside and outside surfaces of the
tank in accordance with Section 5.2 of the AWWA
Standard D102 to determine if any additional work is
necessary. One percent (1&) retainage will be held by
the Village until this work is complete.
1.11 GUARANTEE
The bid shall be construed to contain a guarantee to
a minimum of one (1) year for all materials and
workmanship. Any work proving defective within one (1)
year from the date of acceptance shall be redone
without additional expense to the Village for labor
and materials.
1.12 WORK CREW SUPERVISION
The Contractor shall provide qualified supervision of
the paint crew at all times while performing the Work
of this Contract. The Contractor's supervisor shall
be capable of conversing fluently in the English
language and shall be authorized by the Contractor to
accept and act on requests made by the Owner's
Representative.
PART 2- PRODUCT
(As specified in Related Work Sections of these
Specifications.)
140090.C1805 10/22/18 01 01 20-4
GENERAL REQUIREMENTS FOR TANK PAINTING
PART 3- EXECUTION
3.01 MONITORING CONSTRUCTION
A. The Contractor shall submit a monitoring plan for
review by the Owner, which shall outline the schedule,
methods, locations, etc., and shall keep a daily diary
of the Contractor's activities. Diary entries shall
include, but not be limited to:
1. Date and time.
2. Representatives name(s) visiting the work site.
3. Weather conditions, including (but not limited
to): wind speed, wind direction, humidity, dew
point, air temperature, and surface temperature.
Inclement weather conditions (such as rain or
fog) shall also be documented. Note: Contractor
shall provide and maintain on site equipment to
monitor weather conditions as required.
4. Contractor's activities.
5. Work completed since previous visit.
6. Description of observations, deficiencies and
conversations with the Owner's Representative.
7. Upcoming work.
8. Other items including lost work days and reason
for same.
9. Tests conducted (including dry film thickness
testing) and the results.
B. Copies of the diary shall be sent to the Owner’s
Representative at the end of each week.
3.02 GENERAL INSPECTIONS
While performing the Work of this Contract, the
Contractor shall visually inspect all areas of the
water storage tank to be painted for deficiencies such
as, but not limited to, loose electrical conduits and
wiring, faulty or broken lighting, unrestrained
piping, unfastened bolts, wobbly ladder assemblies,
etc. The Contractor shall report any such
deficiencies discovered without delay to the Owner.
3.03 RELATED WORK
Additional execution requirements shall be in
accordance with the applicable Related Work Sections
of these Specifications.
140090.C1805 10/22/18 01 01 20-5
GENERAL REQUIREMENTS FOR TANK PAINTING
PART 4- MEASUREMENT AND PAYMENT
Separate measurement or payment will not be made for
the Work specified under 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 Bid Schedule.
END OF SECTION
140090.C1805 10/22/18 01 01 20-6
SUMMARY OF WORK
SECTION 01 11 00
PART 1- GENERAL
1.01 DESCRIPTION OF WORK
A. General. The Work to be performed consists of
furnishing labor, materials, equipment, and
supervision as required by the Contract Documents for
the 1.5 MG Standpipe Painting and Rehabilitation
Project as required and as herein specified, including
any and all accessories associated with the
installation. The Contractor shall submit a staged
construction schedule to Owner. The Work to be
performed is generally summarized to include but not
be limited to the following.
B. Work is briefly summarized as follows:
1. Regrading and repair of the area surrounding the
standpipe to expose the concrete foundation 6
inches above finished grade in accordance with
AWWA standards.
2. Replace the existing pilaster lighting units with
new LED type luminaires and controls.
3. Remove all oil and grease from surface prior to
blast cleaning, abrasive-blast the entire
exterior to a SSPC-SP6 Commercial Finish. A
minimum angular blast profile of 2.0 mils is
required. All weld seams should be abrasive-
blasted to SSPC-SP10 near White Blast. Before
rusting occurs (within 12 hours), prime the
exterior with a zinc-rich primer and apply a
urethane intermediate coat. Follow the
intermediate coat with one finish color coat of
fluoropolymer.
4. Abrasive-blast of the entire interior wet areas
of the standpipe including ceilings, weld seams,
beams, and manways to SSPC-SP10 Near White. Prime
surface-prepared areas with epoxy and apply two
additional coats of epoxy. Sealing along the roof
beams and ceiling with caulk.
5. Abrasive-blast all interior dry coating areas
inside the pilasters to SSPC-SP6. Prime all areas
with epoxy primer and apply a finish epoxy coat
to match existing.
140090.C1805 10/22/18 01 11 00-1
SUMMARY OF WORK
6. Install a fail-safe, frost proof vent in place of
the existing vent to protect against
pressure/vacuum damage. This includes installing
a flange on the existing vent pipe and providing
a gasket between the flanges.
7. Installation of new painter’s rail, safety grabs,
rigging couplings, new wet interior ladder and
fall protection devices.
8. Carefully remove and reinstall the existing
hanging anode cathodic protection system
including rectifier. (Coordination with Corrpro
representative is required prior to filling
standpipe and putting rectifier back in
operation.)
9. Seam seal all interior wet roof plates with
caulk.
10. Remove and replace existing manway hatch with
proposed 30” diameter flanged bolt down hatch.
11. Replace all gasketing on all hatches and manways.
12. After construction is complete, restore site to
preconstruction condition.
13. Remove and replace existing safety climb devices
in interior of access pilaster with new safety
climb devices and two (2) new harnesses.
C. Debris Removal. Included as part of the above Work
shall be the removal of any and all debris resulting
from the Work. Such debris shall be legally and
properly disposed off site. All fees for such disposal
shall be the responsibility of the Contractor.
D. Painting. Paint to be as specified in Section 09 91
13. Paint shall be that of nationally recognized
manufacturer and suitable for the application. Two
coats are required. Owner to select final color of
paint.
1.02 LOCATION OF THE WORK
The project work site is located at 7034 N. Central
Park Avenue, Lincolnwood, IL 60712.
140090.C1805 10/22/18 01 11 00-2
SUMMARY OF WORK
1.03 PHYSICAL CONDITIONS
A. General
The sites on which the Work is to be performed has
limited access and boundary constraints, all of which
the Contractor accepts full responsibility. Any
construction easement(s) or staging area(s) required
by the Contractor (other than those that may be shown
on the Drawings) shall be the responsibility of the
Contractor. Any specialized machinery and/or equipment
as required due to the limited access/boundary
constraints/type of work to be performed shall be the
responsibility of the Contractor.
B. Staging Areas
Prior to staging any equipment, materials, and/or
appurtenances as may be required to perform the Work,
the Contractor shall obtain the permission of the
Owner. Any restoration of a damaged area attributed to
Contractor staging shall be the Contractor's
responsibility. Any special clean up required to
restore disturbed areas shall be considered incidental
to the Contract.
1.04 ACCESS TO JOB SITE
Access to the project site is possible via existing
roadways.
The Contractor shall comply with the conditions and
regulations of controlling agencies of public roads,
access, rights-of-way restrictions, and other
limitations affecting transportation and ingress and
egress at the job site.
1.05 PROJECT BOUNDARIES AND CONTRACTORS USE OF PREMISES
The area of the project is indicated by the Drawings.
Subject to restrictions placed upon the Contractor by
the Owner, the Contractor may locate his/her
facilities within the area as will best suit his/her
operations; except that at no time shall the
Contractor locate his/her facilities, equipment, or
materials in a manner to obstruct access or in any way
interfere with the normal operation of the surrounding
community and/or the existing facilities.
140090.C1805 10/22/18 01 11 00-3
SUMMARY OF WORK
1.06 ADDRESSING CORRESPONDENCE
All mail pertinent to the Work shall be sent by special
delivery unless delivery by regular mail can be
accomplished within three days. Receipt of such mail
will be promptly acknowledged when acknowledgment is
requested. If acknowledgment is requested and is not
received in reasonable time, duplicate copies shall be
forwarded.
On all correspondence the name and official position
of the signer shall be typewritten or printed
immediately below the handwritten signature.
All correspondence relating to contractual matters,
including prices, delivery and changes in Scope of
Work, shall be directed to the Owner with two copies
to the Engineer.
The address of the Owner is:
Village of Lincolnwood
6900 N. Lincoln Avenue
Lincolnwood, IL 60712
Attention: Mr. Beryl Herman, Village Clerk
1.07 MEASUREMENT AND PAYMENT
A. MEASUREMENT
Measurement will be made for the Work as indicated in
the Bidding Schedule and/or as indicated herein.
B. PAYMENT
Payment for the Work will be made at the prices for
each of the listed categories in the Bidding Schedule.
These prices shall be full compensation for furnishing
all materials, equipment and labor, and for performing
the Work including installation and testing and
providing the required bond(s) and insurance(s) and
all incidentals necessary to complete the Work,
whether specified or not.
Payment will not be made for any other Items except as
listed. 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. END OF SECTION
140090.C1805 10/22/18 01 11 00-4
RESPONSIBILITIES OF CONTRACTOR
SECTION 01 11 13
PART 1- GENERAL
1.01 SCOPE
This Section establishes certain minimum requirements
of Contractor's responsibilities for which the
Contractor shall be fully liable for during the life
of the Project and for the Work of this Contract.
1.02 RESPONSIBILITY OF CONTRACTOR
A. General
The Contractor shall perform all Work of this Contract
as specified in a neat and orderly manner, with skilled
labor knowledgeable in the applicable trade(s),
consistent with recognized work practices as required
to perform the Work of this Contract and according to
the Work Schedule. The Contractor shall be
responsible for coordinating all phases of his/her
Work with the work of others so as not to interfere
with that work being performed by others. The
Contractor shall be responsible for notification(s)
prior to commencement of Work and/or during
construction activities. The Contractor shall be
responsible for providing at the Project Site a
qualified construction supervisor or Superintendent.
B. Work Schedule
Within ten (10) days after receiving the Notice to
Proceed, the Contractor shall submit all items, and
information required by Section 01 33 23 to complete
the entire Work within the Contract Time stipulated
for completion. The Work Schedule shall be subject
to the review of the Owner's Representative. If, at
any time during the progress of Work, the Owner's
Representative is of the opinion that the Contractor
is not adhering to such Schedule, the Owner's
Representative may request the Contractor to increase
his/her force to comply with the Work Schedule. It is
the intent of this Contract that the Contractor only
remove and replace that portion of any of the roofs
which can only be removed and replaced within one
working day. Failure of the Owner's Representative to
request this shall not release the Contractor from
his/her obligation to complete the Work of this
Contract within the specified Contract Time.
140090.C1805 10/22/18 01 11 13-1
RESPONSIBILITIES OF CONTRACTOR
C. Supervision and Direction
The Contractor shall supervise and direct the Work. The
Contractor shall be solely responsible for the means,
methods, techniques, sequences, and procedures of
construction. The Contractor shall employ and maintain on
the Project a qualified construction supervisor or
superintendent who shall have been designated in writing
by the Contractor as the Contractor's representative at
the site. The supervisor or superintendent shall have full
authority to act on behalf of the Contractor. All
communications given to the supervisor or superintendent
shall be as binding as if given to the Contractor. The
supervisor or superintendent shall be present on the site
at all times as required to perform adequate supervision
and coordination of the Work.
D. Safety
The Contractor shall be solely responsible for the safety
of persons, property or the Work at or adjacent to the
construction site. All decisions relating to safe
construction operations, the use and proper application of
equipment and materials, and the protection of the general
public from construction operations shall be the
responsibility of the Contractor. The Contractor shall
identify a qualified supervisor or superintendent in
writing who shall have the authority to act on behalf of
the Contractor relative to Project safety issues. The
supervisor or superintendent shall be present on the site
at all times as required to maintain safe Project
operations. In the event that the designated construction
or safety supervisor or superintendent is absent from the
site, the Contractor shall designate a substitute
supervisor or superintendent to act in responsible charge
of the Work. Any changes in the designated construction
supervisor or safety supervisor or superintendent shall be
documented by written statement to the Owner and the
Owner's Representative at the time of the change.
E. Repair of Damaged Items
The Contractor shall be entirely responsible for damages
to structures of any kind and shall be liable for damages
to public and private property. Repair of same shall be
Contractor's responsibility and at Contractor's own
expense, except where such items are to be removed and
replaced as required by the Contract Documents, and/or as
otherwise directed by the Owner's Representative during
the course of Work, in which case said replacement unit(s)
will be paid for at the Contract unit price, as bid.
140090.C1805 10/22/18 01 11 13-2
RESPONSIBILITIES OF CONTRACTOR
F. Compliance
It shall be the responsibility of the Contractor to
familiarize himself/herself and comply with all applicable
laws, ordinances, rules, regulations and lawful orders of
all public authorities bearing on the safety of persons or
property or their protection from damage, injury or loss.
Further, the Contractor shall comply with all requirements
of these Contract Documents, including but not limited to
referenced specifications and/or standards as well as the
contents of the Occupational Safety and Health Act (OSHA),
all codes and ordinances adopted by and in effect by
Federal, State, County, Village, and municipal
Governmental Bodies, and any other governmental agencies
at any level having authoritative jurisdiction over the
area of improvement and the type of Work to be performed.
G. Existing Utilities
The Contractor shall be responsible to make his/her own
investigation to determine the existence, nature, and
location of all utility lines and appurtenances within the
limits of the improvement.
The Contractor shall take due care in all phases of
construction to protect any utility which may be affected
by the Work of this Contract. Any damages to existing
utilities shall be repaired immediately by the Contractor
and at the Contractor's own expense.
The Contractor shall be required to cooperate with all
utility companies involved in connection with the removal,
temporary relocation, reconstruction, or abandonment by
these agencies of any and all services or facilities owned
or operated by them within the limits of this improvement.
H. Assignment of Contract
The Contractor shall be fully responsible for assignments
of the Contract, when assignments are made by the
Contractor. Furthermore, no part of the Work herein
specified shall be assigned (by the Contractor) without
the written consent of the Owner, and in no case shall such
consent relieve the Contractor or his/her surety from the
obligations herein entered into by the same or change the
terms of the Contract Agreement.
140090.C1805 10/22/18 01 11 13-3
RESPONSIBILITIES OF CONTRACTOR
I. Discrepancies
The Contractor shall not take advantage of any apparent
discrepancies as may be presented by the Contract
Documents. In the event the Contractor discovers any
apparent discrepancy, the Contractor shall be responsible
for immediately notifying the Owner's Representative in
writing for an interpretation and/or decision; and such
decision by the Owner's Representative shall be final.
Should the Contractor, having knowledge of any such
apparent discrepancy, proceed with the Work, such Work
and/or related expenses shall be at the Contractor's own
risk and cost.
END OF SECTION
140090.C1805 10/22/18 01 11 13-4
PROJECT MEETINGS
SECTION 01 31 19
PART 1- GENERAL
1.01 PRECONSTRUCTION CONFERENCE
A. General
Within 10 days after issuance of the Notice to Proceed, a
preconstruction conference will be held at the location,
date, and time to be designated by the Owner. Contractor
shall be readily available to attend this meeting and shall
make the necessary arrangements to have those individuals
(including subcontractors) experienced and knowledgeable,
and who will be in the direct charge of the Work, to also
attend the meeting.
B. Agenda
The matters to be discussed will include:
1. Set final completion date for the Work of this
Contract in accordance with Notice to Proceed and
identify time period.
2. Details of construction sequence, including the bar
chart submitted with the Bid, lead times of equipment
procurement, as well as the date by which the
Contractor must place his/her material or equipment
order to complete the Work within the construction
schedule time limitations set in Section 00 72 23.
3. Communication and general correspondence procedures
between the involved parties. The Owner will designate
his/her representative and/or Engineer at the time of
this meeting.
4. The names and titles of all persons authorized by the
Contractor to represent and execute documents for the
Contractor.
5. The names, addresses, and telephone numbers of all
those authorized by the Contractor to act for him/her
in emergencies. Contractor to provide phone/fax/cell
numbers of those individuals who will be available
and responsible for the Work on a 24-hour per day
basis, 7 days per week.
6. Access and rights-of-way furnished by the Owner.
140090.C1805 10/22/18 01 31 19-1
PROJECT MEETINGS
7. Forms and procedures for Contractor's Submittals as
described in Section 01 33 23.
8. Construction equipment and methods proposed by the
Contractor. The Contractor shall submit a list of
equipment to be used in the Work.
9. Administrative and general matters as needed.
10. Parking areas for public and Contractor.
11. Subcontractors.
12. Payment estimates and submittals for payment.
13. Progress meetings during the course of the Work.
1.02 WEEKLY CONSTRUCTION MEETINGS
Construction meetings shall be held once every week or more
frequently as needed or called by the Contractor or the
Owner. All matters bearing on the progress and performance
of the Work since the preceding progress meetings shall be
discussed and resolved, including, without limitation, any
previously unresolved matters, deficiencies in the Work or
the methods being employed for the Work, and problems,
difficulties, or delays which may be encountered, in order
that the Work may be constructed on schedule and within
cost.
PART 2- PRODUCT
Minutes of construction meetings shall be prepared by the
Contractor subject to the review of the Owner or Owners
Representative having participated in the meeting.
PART 3- EXECUTION
Minutes of construction meetings shall be submitted to the
Owner or Owners Representative no later than 72 hours
following the meeting.
PART 4- MEASUREMENT AND PAYMENT
Separate measurement or payment will not be made for the
Work specified in this Section. All cost of 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.
END OF SECTION
140090.C1805 10/22/18 01 31 19-2
EQUIPMENT & MATERIAL SUBMITTALS
SECTION 01 33 00
PART 1- GENERAL
1.01 SCOPE
A. This Section establishes minimum requirements and
procedures for Equipment Submittals made by the Contractor
for materials and equipment provided for under the Work of
this Contract. Specific details for additional drawings,
data and information to be submitted shall be in accordance
with the applicable requirements of other Sections of these
Specifications.
B. Acceptable Manufacturers and Equipment Suppliers for
various items of equipment are specified in respective
Sections of these Contract Documents. For convenience of
designation in the Contract Documents, certain equipment,
articles, materials, and processes are designated by
manufacturer trade name or catalog name and number. Such
designation shall be deemed to be followed by the words
"or equal" whether such words are shown or not. The
Contractor may offer material or processes which are equal
to that so indicated or specified at the time of Bid. The
burden of proof as to comparative quality and suitability
of alternatives shall be upon the Contractor. Specified
items are preferred.
1.02 SUBMITTAL SCHEDULE
The Contractor shall, within 10 days after receiving the
Notice to proceed, prepare and submit for review a detailed
list of all the submittals which he/she proposes to make
to meet the requirements stated herein and those cited in
other Sections of the Contract Documents including the
dates on which he/she proposes to make such submittals.
The list shall include Working Drawings, Field Detail
Drawings, Project Record Documents, Quality Control
Procedures, and all other items for which a submittal is
required. The list shall include identifying references
for each item to relate it to the specific item of the
Contract Documents.
With each revision or certification of the Construction
Schedule, the Contractor shall either revise this schedule
of submittals and submit it for review or certify that the
previously furnished schedule is still in effect.
After the Submittal Schedule is reviewed by the Owner's
Representative, it shall become the basis for the submittal
of all items by the Contractor.
140090.C1805 10/22/18 01 33 00-1
EQUIPMENT & MATERIAL SUBMITTALS
1.03 SUBMITTAL REQUIREMENTS
A. General
The Contractor shall furnish for review his/her Submittals
as outlined herein and in the Specifications. Submittals
shall confirm compliance with the requirements of the
Contract Documents. Submittals of equipment drawings
shall be made prior to the fabrication of the equipment.
The sequence of submission shall be such that information
is available for review of each Submittal when it is
received. All Submittals furnished formally shall bear an
approval stamp or a certification. The stamp or
certification shall be signed by an authorized
representative of the Contractor. The Contractor's stamp
or certification on any Submittals shall constitute a
representation to the Owner that the Contractor has either
determined and verified all quantities, dimensions, field
construction criteria, materials, catalog numbers, and
similar data, or that he/she assumes full responsibility
for doing so, and that he/she has reviewed and coordinated
each Submittal with the requirements of the Contract
Documents. Before submitting any drawings for review, the
Contractor shall obtain approval of the list of drawings
he/she proposes to submit, showing sequence of submittal
and submittal dates. All drawings shall be submitted in
accordance with the Submittal Schedule as previously
specified herein.
B. All submittals shall be addressed to the Owner or as
otherwise directed by the Owner.
C. Outline Drawings
The Contractor shall submit outline drawings of the
equipment to be furnished together with estimated weights,
operating forces, external forces, anchoring details, and
sufficient overall dimensions, to facilitate preparation
of final designs of the structures into which the equipment
is to be incorporated.
D. Wiring Diagrams
The Contractor shall submit complete schematic and full-
line wiring diagrams for all equipment furnished by
him/her. The Contractor shall furnish drawings of switch
developments for all instrument and control switches and
internal connection diagrams for all instruments, relays,
regulators, and other devices. One print of each wiring
diagram will be returned on which will be marked the wire
notations and cable numbers for outgoing circuits where
140090.C1805 10/22/18 01 33 00-2
EQUIPMENT & MATERIAL SUBMITTALS
this information is not otherwise available to the
Contractor. The Contractor shall add this information to
his/her drawings. Adequate space shall be allowed on the
wiring diagrams to accomplish this.
E. Detail Drawings and Erection Drawing
Before proceeding with fabrication or manufacture of the
material and equipment designed and furnished by him/her,
the Contractor shall submit the designs, design
computations when requested, apparatus ratings, detailed
specifications, general assembly drawings, sufficient
subassembly drawings, details, and control and wiring
diagrams to demonstrate fully that all parts will conform
to the provisions and intent of the Contract Documents and
to the requirements of their installations, operations,
and maintenance. These drawings shall substantially
conform to the Bid and Contract Drawings and shall show
all necessary dimensions; all field joints and
subassemblies in which the Contractor proposes to ship the
equipment; locations and sizes of auxiliary connections
for oil, grease, water and air; and the terminal boxes and
wire sizes for electrical circuits. Before proceeding
with fabrication or purchase, the Contractor shall submit
shop drawings and/or catalog cuts as appropriate of items
designed but not detailed on the Contract Drawings
including, but not limited to structural steel and metal
frames, covers, and gratings.
F. Field Detail Drawings
Layout drawings for any and all embedded components of the
equipment such as but not limited to, piping, conduit,
anchor bolts/plates, thimbles, etc. shall be submitted.
These drawings shall be based on the Contract Drawings and
shall contain sufficient detail for construction in the
field.
G. Review of Drawings
1. The Contractor shall make all required submittals in
.pdf format. All drawings submitted shall, insofar as
practicable, be of one standard size, measuring
approximately 24 x 36 inches. The Contractor's
drawings shall have a blank area of 4 x 4 inches
adjacent to the drawing title block for the review
stamp of the Owner's Representative. The Contractor
shall verify by inspection of sample reproductions
that good legible reproductions can be obtained from
the reproducible before submittal.
140090.C1805 10/22/18 01 33 00-3
EQUIPMENT & MATERIAL SUBMITTALS
2. Within two weeks of receipt of shop drawings or
manufacturer's data, the Owner's Representative will
return one copy of each drawing and/or data sheet
marked to indicate the result of the Owner's
Representative's review, as follows:
a. "REVIEWED" - Revision of drawing or data will
not be required.
b. "REVIEWED WITH CORRECTIONS" - Contractor shall
revise the drawings or data and shall submit four
print copies and one reproducible copy for
Owner's Representative's records.
c. "REVISE AND RESUBMIT" - Contractor shall revise
the drawing or data and shall resubmit the
revised drawing or data to the Owner's
Representative for review.
d. "REJECTED" - Drawings are non-conforming and do
not meet intent of Specifications.
3. Copies marked "REVIEWED" or "REVIEWED WITH
CORRECTIONS" authorize the Contractor to proceed with
construction or fabrication covered by those drawings
or data sheets with corrections, if any, incorporated.
4. Review will not relieve the Contractor of
responsibility for conformity to the Contract
Documents and correct detail and fit of parts when
installed.
5. If minor revisions are made after a drawing has been
returned to the Contractor marked "REVIEWED", the
Contractor shall furnish without delay one print copy
and one reproducible copy subsequent to each revision.
No major revision affecting the design shall be made
after a drawing has been marked "REVIEWED" without
resubmitting the drawing.
6. When prints of drawings have been marked "REVIEWED
WITH CORRECTIONS" or "REVISE AND RESUBMIT" the
Contractor shall make the necessary corrections and
submit four print copies and one paper-type
reproducible. Every revision shall be shown by
number, date, and subject in a revision block, and in
addition, each revised drawing shall have its latest
revision clearly indicated. Submitted drawings which
do not illustrate these indications will be considered
non-conforming.
140090.C1805 10/22/18 01 33 00-4
EQUIPMENT & MATERIAL SUBMITTALS
7. The applicable parts of the requirements of the above
paragraphs with reference to the drawings shall apply
equally to design data, catalog cuts, illustrations,
printed specifications, draft reports or any other
submittals furnished for review.
8. The Contractor shall make any changes in the designs
which are necessary to make the equipment conform to
the provisions and intent of the Contract Documents,
without additional cost to the Owner.
9. Should an error be found in a Contractor's drawing
during the erection of structures or installation of
equipment, the correction, including any field
changes found necessary, shall be noted on the
drawing, and it shall be resubmitted for review, and
recorded as outlined above.
H. Record Drawings
Prior to completion of the Work under the Contract
Documents, the Contractor shall furnish one complete set
of full-size permanent reproducible copies of approved
quality and type and 3 full size sets of prints of all
Contractor's drawings and equipment as finally built,
including any field changes.
I. Operating and Maintenance Instructions
1. Two hard copy sets and one .pdf version of detailed
operating and maintenance instruction manuals which
shall include reduced-size copies of applicable
drawings, applicable parts lists and catalogs
covering all equipment furnished and which may be
needed or useful in operation, maintenance, repairs,
dismantling or assembling, and for repair and
identification of parts for ordering replacements,
shall be furnished as specified.
2. Furnish operation and maintenance manuals for the
various types of equipment and systems, as required
by the Contract Documents. Unless otherwise
indicated, a separate manual shall be furnished for
each piece of equipment and/or system. The manual
shall include complete information necessary to
operate, maintain and repair the equipment and/or
system and shall include the following specific
requirements:
a. Table of contents and index.
140090.C1805 10/22/18 01 33 00-5
EQUIPMENT & MATERIAL SUBMITTALS
b. Brief description of the equipment/system and
principal components.
c. Starting and stopping procedures both normal and
emergency.
d. Installation, maintenance and overhaul
instructions which shall include detailed
assembly drawings with parts list and numbers,
and recommended spare parts list with
recommended quantity, manufacturer's price,
suppliers address and telephone number.
e. Recommended schedule for servicing including
technical data sheets that indicate weights and
types of oil, grease or other lubricants
recommended for use and their application
procedures.
f. One copy of each component wiring diagram and
the system wiring diagram showing wire size and
identification.
g. One approved copy of each submittal with any
changes made during construction properly noted
including test certificates, characteristic
curves, factory and field test results.
h. For electrical systems include dimensioned
installation drawings, single line diagrams,
control diagrams, wiring and connection
diagrams, list of material for contactors,
relays and controls, outline drawings showing
relays and controls, outline drawings showing
relays, meters, controls and indication
equipment mounted on the equipment or inside
cubicles, control and protective schematics and
recommended relay settings.
3. Submittal Requirements: One preliminary copy of the
manual in .pdf format shall be submitted no later than
the date of shipment of equipment, and installation
shall not begin until they are accepted by the Owner's
Representative. One approved hard copy and one in .pdf
format of complete manual shall be delivered to the
Owner's Representative prior to Owner's
Representative inspections and tests.
J. Language
All drawings, design data, reports, instructions,
140090.C1805 10/22/18 01 33 00-6
EQUIPMENT & MATERIAL SUBMITTALS
catalogs, illustrations, and printed specifications shall
be submitted in English.
K. System of Units of Measurement
All units of measurement used shall be in the U.S.
Customary System.
PART 2- PRODUCTS
(Refer to Paragraph 1.03, Submittal Requirements, of this
Section.)
PART 3- EXECUTION
(Refer to Paragraph 1.02, Submittal Schedule, 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 of 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.
END OF SECTION
140090.C1805 10/22/18 01 33 00-7
MATERIAL AND EQUIPMENT
SECTION 01 60 00
PART 1- GENERAL
1.01 SCOPE
A. Description
This Section covers minimum general requirements related
to and including, but not limited to the following:
1. Products.
2. Transportation and handling.
3. Storage and protection.
4. Product options.
5. Substitutions.
B. Related Work
1. All Sections of the Contract Documents including
Bidding Documents and Drawings.
2. Refer to related Specification Sections for details.
1.02 PRODUCTS
A. Products: Means new material, machinery, components,
equipment, fixtures and systems forming the Work. Does not
include machinery and equipment used for preparation,
fabrication, conveying and erection of the Work. Products
may also include existing materials or components required
for reuse.
B. Do not use materials and equipment removed from existing
facilities or premises, except as specifically permitted
by the Contract Documents.
C. Provide interchangeable components of the same
manufacturer, for similar components.
1.03 TRANSPORTATION AND HANDLING
A. Transport and handle products in accordance with
manufacturer's instructions.
140090.C1805 10/22/18 01 60 00-1
MATERIAL AND EQUIPMENT
B. Promptly inspect shipments to assure that products comply
with requirements, quantities are correct and products are
undamaged.
C. Provide equipment and personnel to handle products by
methods to prevent soiling, disfigurement or damage.
1.04 STORAGE AND PROTECTION
A. Store and protect products in accordance with
manufacturer's instructions, with seals and labels intact
and legible. Store sensitive products in weather-tight,
climate controlled enclosures.
B. For exterior storage of fabricated products, place on
sloped supports, above ground.
C. Provide off-site storage and protection when site does not
permit on-site storage or protection.
D. Cover products subject to deterioration with impervious
sheet covering. Provide ventilation to avoid condensation.
E. Store loose granular materials on solid flat surfaces in a
well-drained area. Do not allow mixing with foreign matter.
F. Provide equipment and personnel to store products by
methods to prevent soiling, disfigurement, or damage.
G. Arrange storage of products to permit access for
inspection. Periodically inspect to assure products are
undamaged and are maintained under specified conditions.
1.05 PRODUCT OPTIONS
A. Products Specified by Reference Standards or by Description
Only: Any product meeting those standards or description.
B. Products Specified by Naming One or More Manufacturers:
Products of manufacturers named and meeting
specifications.
1.06 SUBSTITUTIONS
A. Owner will consider requests for Substitutions only at time
of Bid. Where Specifications indicate "No Substitutions
Allowed", the Contractor shall provide the designated
manufacturers equipment without exception.
B. Substitutions may be considered when a product becomes
unavailable through no fault of the Contractor.
140090.C1805 10/22/18 01 60 00-2
MATERIAL AND EQUIPMENT
C. Document request with complete data substantiating
compliance of proposed Substitution with Contract
Documents.
D. A request constitutes a representation that the Contractor:
1. Has investigated proposed product and determined that
it meets or exceeds the quality level of the specified
product.
2. Will provide the same warranty for the Substitution
as for the specified product.
3. Will coordinate installation and make changes to other
Work which may be required for the Work to be complete
with no additional cost to Owner.
4. Waives claims for additional costs or time extension
which may subsequently become apparent.
5. Will reimburse Owner for review or redesign services
associated with re-approval by authorities.
E. Substitutions will not be considered when they are
indicated or implied on shop drawing or product data
submittals, without separate written request, or when
acceptance will require revision to the Contract Documents.
F. Substitution Submittal Procedure:
1. Submit three copies of request for Substitution for
consideration 10 days prior to bid date. Limit each
request to one proposed Substitution.
2. Submit shop drawings, product data and certified test
results attesting to the proposed product
equivalence.
3. The Owner will notify Contractor, in writing, of
decision to accept or reject request.
END OF SECTION
140090.C1805 10/22/18 01 60 00-3
CUTTING AND PATCHING
SECTION 01 73 29
PART 1- GENERAL
1.01 SCOPE
This Section covers cutting and patching where required to
perform the Work of these Contract Documents.
1.02 QUALITY ASSURANCE
Cutting and patching shall be performed in accordance with
recognized and applicable standards of construction using
materials equal to or exceeding those of the parent
structure.
1.03 SUBMITTALS
A. Before doing any cutting as required to complete the Work,
submit a written notice to Owners Representative, and the
Owner of the specific item involved requesting consent,
including:
Description of affected work
Necessity for cutting
Scope of cutting and patching
Trades and products to be used and extent of refinishing
B. Prior to doing cutting and patching identified in writing
by Owner's Representative as additional work, submit a cost
estimate.
PART 2- PRODUCT
Materials used for replacement of work removed shall be of
the same type, style, size, thickness, etc. of like new
materials for the type of work to be performed.
PART 3- EXECUTION
3.01 GENERAL
A. Perform all cutting and patching required to complete the
Work.
B. Cutting and patching shall include the cutting, fitting,
or patching necessary to:
140090.C1805 10/22/18 01 73 29-1
CUTTING AND PATCHING
1. Accomplish/perform modifications to existing
structures as shown on the Drawings.
2. Remove and replace defective or deteriorated work.
3. Remove and replace work not conforming to the Contract
Documents.
C. All Work shall be performed by skilled workers licensed to
perform the Work of the trade involved and/or as may be
required.
3.02 EXECUTION
A. Protect adjacent portions of the Work and existing
facilities from damage due to cutting and patching
operations.
B. Restore work which has been cut or removed. Install new
products to provide completed Work meeting all requirements
of the Contract Documents.
C. Refinish entire surfaces as necessary to provide an even
and uniform finish.
PART 4- MEASUREMENT AND PAYMENT
Separate measurement or payment will not be made for the
Work specified in this Section. All costs of 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.
END OF SECTION
140090.C1805 10/22/18 01 73 29-2
MAINTENANCE OF WORK SITE & DAILY CLEAN-UP
SECTION 01 74 00
PART 1- GENERAL
This Section covers general maintenance of the Work Site
and daily clean-up which the Contractor shall be
responsible for the duration of the Project, and includes,
but is not limited to storage, stockpiling and/or
protection of materials and Work.
PART 2- PRODUCTS
(Not applicable to this Section.)
PART 3- EXECUTION
3.00 GENERAL
Contractor shall comply with all applicable requirements
specified in Section 00 72 23.
3.01 MAINTENANCE OF WORK SITE
The Contractor shall keep the site of the Work and adjacent
premises as free from material, debris and rubbish as is
practicable, and shall remove same from any portion of the
site, if, in the opinion of the Owner's Representative,
such material, debris, or rubbish constitutes a nuisance
or is objectionable in any way to the public. The
Contractor shall remove all machinery, materials,
barricades, staging, false-work, debris and rubbish
connected with, or caused by said Work, immediately upon
the completion of the same and shall clean all structures
and Work constructed under this Contract to the
satisfaction of the Owner's Representative and leave the
premises in an approved condition insofar as affected by
the Work under this Contract.
3.02 DAILY CLEAN-UP
Each day before the Contractor shuts down Work operations
for the day, the Contractor shall clean all areas
in/around/adjacent to the Work site of all dirt, mud,
debris, or other items deposited thereupon resulting from
the Work.
3.03 RESPONSIBILITY FOR PROTECTION OF MATERIALS
The Contractor shall be responsible for the safe storage
of all equipment and materials furnished by, or to, or
accepted by the Contractor, and intended for the Work until
140090.C1805 10/22/18 01 74 00-1
MAINTENANCE OF WORK SITE & DAILY CLEAN-UP
such equipment or material has been incorporated into the
completed Project. Such equipment and materials as well as
their related appurtenances and accessories shall, unless
otherwise directed by the Owner, be unloaded at the
"staging site" point of delivery, hauled to, and
distributed as necessary to the specific Work site of the
Project, by the Contractor. They shall at all times be
handled with care to avoid damage.
All construction shall be protected by the Contractor to
prevent accidental or pre-meditated damage. All cost
associated with the supervision, the repair, or the
replacement of damaged areas shall be considered incidental
to the Contract.
3.04 STOCKPILING MATERIAL
Materials shall be so stockpiled as not to endanger the
Work and so that free access may be had at any time to all
parts of the Work, and shall be kept neatly piled so as
not to inconvenience public travel, private property
owners, or adjoining tenants.
At no time shall material be stored in the street.
END OF SECTION
140090.C1805 10/22/18 01 74 00-2
TESTING, CHLORINATING FILLING AND FINAL INSPECTION AND ACCEPTANCE
SECTION 01 77 00
PART 1- GENERAL
1.01 Upon completion of all Work specified in the Contract
Documents, the Contractor shall perform final field
alignments, adjustments, and tests to verify that the
overall performance as specified have been satisfied.
Acceptance tests conducted on the completed installation
will be witnessed and subject to the approval of the
Owner's Representative.
1.02 When all Work has been completed and the equipment has been
installed, the Contractor will work with the Village to
back flush standpipe, fill to acceptable levels to
chlorinate standpipe and potable water to acceptable levels
to allow for the water to be reintroduced to the system.
The Contractor shall be responsible for all testing
required. Prior to the standpipe has been placed into
operation, have potable water tested by independent
contractor and subsequently has satisfactorily operated, a
thorough inspection will be made by the Owner in the
company of the Contractor and the Owner's Representative,
and if the Work is found to comply with the Specifications,
the Work will be formally accepted and the Contractor so
notified in writing as to the Final Acceptance of the Work
by the Owner.
1.03 Should any Work be found to be inadequate, faulty, or
otherwise not in accordance with these Specifications, it
shall be the Contractor's responsibility to correct such
Work at the Contractor's own expense, prior to Final
Acceptance.
1.04 The period of equipment and workmanship guarantees shall
commence immediately after Final Acceptance. Upon being
notified of the Final Acceptance, the Contractor shall
supply, to the Owner, a certificate of guarantee which
shall guarantee all equipment and workmanship for a period
of not less than one year or as otherwise specified in
subsequent Sections of the Specifications. Guarantees
shall be unconditional. Limited guarantees are not
acceptable.
PART 2- PRODUCT
A "Final Inspection" report prepared by the Contractor
shall be submitted to the Owner's Representative
documenting the results of the Final Inspection.
140090.C1805 10/22/18 01 77 00-1
TESTING, CHLORINATING FILLING AND FINAL INSPECTION AND ACCEPTANCE
PART 3- EXECUTION
Advise Owner's Representative a minimum of 72 hours prior
to performing the Final Inspection.
PART 4- MEASUREMENT AND PAYMENT
Separate measurement or payment will not be made for the
Work specified in this Section. All costs of 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.
END OF SECTION
140090.C1805 10/22/18 01 77 00-2
MISCELLANEOUS METAL REPAIRS
SECTION 05 50 00
PART 1- GENERAL
1.01 SCOPE
This Section covers miscellaneous metal repairs which may
be ordered by the Owner during construction, but only after
an approved Change Order has been processed. Supports,
anchors and other incidentals, where required, shall be
included under this Section of Work.
1.02 QUALITY ASSURANCE
A. Acceptable Materials
As specified herein.
B. Applicable Standards
All Work shall conform to the applicable provisions of the
codes, standards and Specifications as specified herein
and as follows:
Name Abbreviation
Welded Steel Tank for Water Storage AWWA D-100
American Society for Testing & Materials ASTM
Welding ASME Sect. IX
C. Welding Qualifications
All welders shall be qualified by ASME Section IX
requirements for all positions.
D. Field Verification
The Contractor shall verify field conditions and
measurements so that the fabricated metals shall fit
together properly and be suitable for the field conditions.
1.03 SUBMITTALS
The Contractor shall submit to the Owner's Representative
for review drawings, data and information in accordance
with the applicable requirements of Section 01 33 00.
Submittals shall include but are not limited to drawings
showing location, sizes of metal, method of assembly,
hardware, fasteners, anchorage, and connection with other
work. The drawings shall include a listing of metals used
and governing ASTM specifications. Where structural
140090.C1805 10/22/18 05 50 00-1
MISCELLANEOUS METAL REPAIRS
components are the design of the Contractor, the drawings
shall bear the seal of a professional structural engineer
registered in the State of Illinois.
PART 2- PRODUCT
2.01 MATERIALS
A. Structural steel shapes, ASTM A36.
B. Bent or cold-formed steel plates, ASTM A283, Grade C.
C. Galvanized carbon steel sheets, ASTM A526, with 1.25
ounces commercial zinc coating, ASTM A525.
D. Gray iron castings, ASTM A48.
E. Bolts and nuts (for general use), Type 304 stainless steel,
ASTM A320 unless otherwise specified.
F. High strength bolts shall comply with ASTM A325 with nuts
conforming to ASTM A563 and washers complying with ASTM
F436.
G. Anchor bolts and connection bolts for steel assemblies
shall comply with ASTM A307.
H. Anchor bolts and connection bolts for aluminum shall be
stainless steel.
I. Stainless steel, Type 316.
J. (Not used.)
K. Welding Electrodes: Filler metal for welding of
structural steel shall comply with AWS Dl.1, Structural
Welding Code. Filler metal for welding of aluminum shall
comply with AWS Dl.2.
L. Grout: Grout for bedding and grouting structural steel
components shall be of non-shrink type grout.
2.02 COATINGS
Galvanizing shall be performed by the hot-dip process after
fabrication in compliance with the following standards:
A. Iron and steel hardware, ASTM A153.
B. Rolled, pressed, and forged steel shapes, plates, bars,
and strips 1/8 inch thick and heavier, ASTM A123.
140090.C1805 10/22/18 05 50 00-2
MISCELLANEOUS METAL REPAIRS
C. Assembled steel products, ASTM A386.
PART 3- EXECUTION
3.01 SHOP INSPECTION
Each item of equipment shall be shop assembled to the
extent practical and shall be inspected prior to shipment.
Minimum requirements for shop inspection shall be a visual
exam and a dimensional check to verify that the equipment
has been fabricated correctly.
3.02 FABRICATION
A. Design and fabricate all metal parts to comply with the
intent and requirements of the Drawings. Make field
measurements and prepare templates as required to ensure
proper fit. Assemblies shall be fitted together in the
shop and delivered to the site complete and ready for
installation.
B. Miscellaneous metals shall have holes, connections, and
other provisions for accommodating other work. In general,
holes for bolts shall be drilled or reamed 1/16-inch larger
than the diameter of the bolt. Holes for anchor bolts
shall be 1-1/3-times the anchor bolt diameter.
C. Miscellaneous metal work shall be formed to shape and size,
with sharp lines and angles. Items shall be sheared and
punched to obtain clean, true lines and surfaces. Permanent
connections shall be welded. Screws or bolts shall not be
used where avoidable, but if used, heads shall be
countersunk, screwed tight, and threads nicked to prevent
loosening. Curved work shall be sprung evenly.
D. Exposed surfaces shall have smooth finish and sharp, well
defined lines and arises. Joints shall be mill machined to
a close fit. Necessary rabbets, lugs, and brackets shall
be provided so that work can be assembled in a neat and
substantial manner. Metal thicknesses, assembly details,
and supports shall provide ample strength and stiffness.
Joints shall be designed to prevent trapping of moisture.
E. Fastenings shall be concealed where practical. Metal
thickness and details of assembly and supports shall be
designed to provide strength and stiffness. Joints exposed
to weather shall be formed to exclude water.
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MISCELLANEOUS METAL REPAIRS
F. Expansion anchor bolts shall be of the types and sizes
recommended by the manufacturer for the particular
application. When set in concrete or masonry, the minimum
penetration of the expansion anchor bolts shall be six
times the diameter of the shank.
G. Structural joints made using high strength bolts, hardened
washers, and nuts tightened to a high bolt tension shall
comply with the "Specification for Structural Joints Using
ASTM A325 or A490 Bolts".
H. Welded joints shall comply with AWS Dl.1, Structural
Welding Code', and AISC "Specification for the Design,
Fabrication and Erection of Structural Steel for
Buildings". All welds shall be made by operators who have
been previously qualified as prescribed by AWS B3.0,
Welding Procedure and Performance Qualification. All
welds exposed to view shall be dressed smooth.
I. Anchor holes in concrete or masonry for grouted bolts shall
be a minimum of 1-1/2 times the bolt shank diameter. Anchor
holes in concrete and masonry for expansion type anchor
bolts shall comply with the bolt manufacturer's
recommendations.
J. Castings shall be true to pattern, smooth, straight, sound,
and free from warp, holes, and other defects that impair
strength or appearance.
3.03 PAINTING
A. Paint all surfaces except those which have a galvanized
surface finish according to the requirements of Section
09900. Prepare surfaces and prime in compliance with the
manufacturer's recommendation for the specific environment
to which the metal components will be subjected.
B. Where dissimilar metals contact each other, apply alkali-
resistant paint to the more active metal. Where steel work
contacts aluminum, apply two coats of aluminum paint over
shop coat.
C. Metal components used for miscellaneous metal repairs may
be shop or field primed and painted. Contractor shall be
responsible for touch-up field painting as required.
140090.C1805 10/22/18 05 50 00-4
MISCELLANEOUS METAL REPAIRS
PART 4- MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
Measurement will not be made for the Miscellaneous Metal
Repair Work specified in this Section; except that
measurement will be made as follows:
05 50 00/01, Continuous Seal Weld Repairs
05 50 00/02, Interior Pit Weld Repairs
4.02 PAYMENT
A. Payment for the Miscellaneous Metal Repair Work (which
includes Continuous Seal Weld and Interior Pit Repair Work
specified in this Section will be made only after an Owner
approved Change Order has been processed for work ordered
during construction.
B. Payment for Continuous Seal Weld Repair Work specified in
this Section will be made at the contract unit price for
Continuous Seal Weld Repair, in the Bidding Schedule. This
price shall include all labor, tools, materials and
equipment for repairs as herein specified.
C. Payment for Interior Pit Weld Repair Work specified in this
Section will be made at the contract unit price for
Interior Pit Weld Repair, in the Bidding Schedule. This
price shall include all labor, tools, materials and
equipment for repairs as herein specified.
D. These prices shall be full compensation for furnishing all
materials; and for all preparation, and placing of the
materials; and for all labor, equipment, tools and
incidentals necessary to complete the miscellaneous metal
repairs as required.
E. 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
in the Schedule of Prices.
END OF SECTION
140090.C1805 10/22/18 05 50 00-5
WATER STORAGE TANK REHABILITATION AND RELATED REPAIRS
SECTION 05 52 13
PART 1- GENERAL
1.01 SCOPE
A. Description
This Section covers the rehabilitation and repairs of
potable water storage tanks of the elevated or standpipe
type and includes furnishing all materials, equipment,
tools and labor necessary for the repair and rehabilitation
of the elevated and/or standpipe water storage tanks,
together with all appurtenant components and associated
fittings, and miscellaneous equipment specified in other
Sections of these Specifications, including necessary
supports and anchors, to be designed, 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.
B. Related Work
1. Section 09 91 13.
2. Section 26 42 00.
3. Other Sections as herein specified.
1.02 QUALITY ASSURANCE
A. Acceptable Manufacturers
Tank: Chicago Bridge & Iron Company or equal.
Other Items: As required.
B. Applicable Standards
All Work including materials and inspection of the elevated
tank shall conform to the applicable and current provisions
of the codes, standards, and Specifications, as specified
herein, and the following:
Name Abbreviation
Welded Steel Tank for Water Storage AWWA D100
Structural Concrete for Buildings ACI 301
Welding ASME Sect. IX
140090.C1805 10/22/18 05 52 13-1
WATER STORAGE TANK REHABILITATION AND RELATED REPAIRS
C. Welding Qualifications/Supervision
All welders shall be qualified by ASME Section IX
requirements for all positions. The contractor shall employ
the services of a welding supervisor independent of the
tank painting foreman's jurisdiction.
1.03 SUBMITTALS
A. The Contractor shall submit to the Owner's Representative
for review product specifications and description, mill
certificates, inspection reports, together with
instruction manuals, installation procedures, field check-
out and testing procedures specified in Section 01300 of
all equipment furnished.
1.04 WARRANTY
The herein specified all water storage tank repairs shall
be warrantied for a period of 12 months from the date of
Final Acceptance of the Work to the extent that the
contractor shall be solely responsible for the repair or
replacement of defective parts including but not limited
to repair of any reported defects during the warranty
period which may appear because of faulty workmanship or
material furnished under the Specifications. Defects
caused by damaging service conditions such as electrolytic,
chemical, abrasive or other damaging service conditions
are not intended to be covered by this warranty.
PART 2- PRODUCT
2.01 GENERAL
A. The tank and supporting structure is of all-welded steel
design. Tank construction is as specified herein.
B. The tank has a shape as shown on the Drawings.
2.02 PERTINENT DATA AND REQUIREMENTS
A. Pertinent Data
1. Time of Completion - 180 calendar days. See
Instructions to Bidders for additional information
and details.
2. Location - As identified in the Bid Form.
3. Nearest Town - Lincolnwood, IL.
4. Railroad Siding - None immediately adjacent to or
through proposed site development.
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WATER STORAGE TANK REHABILITATION AND RELATED REPAIRS
5. Compressed Air - Not available at site.
6. Corrosion Allowance - None.
7. Ladder and Safety Devices - Required in accordance
with state and federal regulations. A ladder safety
device meeting OSHA standards is required. Ladders
and safety devices shall extend above landing
platform. A minimum of two (2) safety harnesses shall
be provided.
8. Inspection Report - An inspection report per Paragraph
11.2.1 of AWWA D100 shall be required for the 1.5 MG
Standpipe.
2.03 DETAILS OF CONSTRUCTION
A. Details of tank construction (as a minimum) shall be in
accordance with AWWA D100. Where contradictions occur,
the more stringent shall apply.
B. Install a fail-safe vent in place of the existing mushroom
vent to protect against pressure/vacuum damage. This
includes installing a flange on the existing vent pipe and
providing a gasket between the flanges. The open area of
the overflow shall not be considered as venting area. The
vent screen shall be a No. 4 mesh insect screen and shall
be designed to relieve any pressure or vacuum in the event
the screen frosts over or is otherwise clogged. The vent
screen shall be easily dismantled to remove the screens
for cleaning.
C. Install new painters handrail which shall include the
installation and erection of a new 4” flat stock painted
steel, 42” high x 20’-0” diameter painters handrail. The
painters rail to be centered around the roof access hatch
at the roof of the tank and have continuous railings
between pilaster and access hatch. The proposed handrail
shall be welded in place in accordance with AWWA Standard
D100 and the AWWA Manual M42. Surface preparation and
painting shall be in accordance with ¶1.01A(2) of this
Section. Along with this work the contractor will provide
and install 4 new safety grabs on the exterior of the tank
roof to allow tie off points when exiting roof access hatch
and wet interior access hatch.
D. Install new rail type fall protection device on the
exterior pilaster ladder. The existing pilaster ladder will
be painted to match the proposed exterior paint coating
system and will include the OSHA required fall protection
devices. Both fall protection devices will include matching
harnesses.
140090.C1805 10/22/18 05 52 13-3
WATER STORAGE TANK REHABILITATION AND RELATED REPAIRS
E. Repair and/or replace the existing dry interior lighting
lamps with LED type light bulbs.
F. Remove and replace existing manway hatch with proposed 30”
diameter flanged and bolted hatch.
PART 3- EXECUTION
3.01 FACTORY TESTING AND INSPECTION
The contractor shall inspect and test components of the
tank repairs in accordance with AWWA D100. Certified copies
of the shop inspections and test reports shall be furnished
to the Owner's Representative.
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,
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. Any and all excavation,
trenching, concreting, backfilling required for the repair
and rehabilitation of the Water Storage Tanks shall be
performed by the Contractor at the Contractor=s expense.
B. After the Contractor has completed all repairs, including
painting of the interior wet portion of the standpipe, the
Contractor will make piping connections to the tank,
furnish, pump and dispose of sufficient water for a single
test and sterilization. While under test, the tank
Contractor shall chlorinate the tank in accordance with
AWWA C652 Method 3. In addition, disinfecting of the
elevated tank shall be in accordance with Section 7.0.18
of the Recommended Standards for Water Works (Latest
Edition). Any leaks which are disclosed by this test shall
be repaired by gouging out defective areas and rewelding.
All costs associated with such repair work including costs
for additional water usage (beyond one time fill provided
by the Owner) shall be the responsibility of the
Contractor. No repair work shall be done on any joint
unless the water in the tank is at least two feet below
the point being repaired. After repair work has been
completed, the tank shall be retested to verify the
integrity of the repair. Any paint damaged by repairs shall
be properly restored. The tank shall not be placed in
service until satisfactory bacteriological tests have been
provided. The Contractor shall work in cooperation with
140090.C1805 10/22/18 05 52 13-4
WATER STORAGE TANK REHABILITATION AND RELATED REPAIRS
Village Water Department Personnel the Contractor
conducting the bacteriological tests at the laboratory of
the Village’s choice.
3.03 PAINTING
Painting of the tank and its components shall be in
accordance with the applicable requirements of Section 09
91 13, Painting Water Storage Tank.
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 for the Work specified in this Section will be made
at the lump sum prices for the below listed Items in the
Schedule of Prices:
05 52 13/01, Remove and Replace Existing Roof Vent
05 52 13/02, Installation of New Painters Rail and
Safety Grabs
05 52 13/03, Installation of New Wet Interior Ladder and
Fall Protection Devices
05 52 13/04, Repair and Replace Existing Dry Interior
Lighting
05 52 13/05, Remove and Replace Existing Manway Hatch at
Base of Tank
B. These prices shall be full compensation for furnishing all
materials, equipment and labor as well as any and all
incidentals necessary to complete the Items of Work.
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
in the Schedule of Prices.
D. Payment for other items of equipment specified in other
Sections of these Specifications will be made at the prices
for those respective Items in the Schedule of Prices.
END OF SECTION
140090.C1805 10/22/18 05 52 13-5
PAINTING WATER STORAGE TANK
SECTION 09 91 13
PART 1- GENERAL
1.01 SCOPE
A. Description
This Section covers painting materials to be furnished and
applied, including preparing surfaces and providing
adequate conditions for proper workmanship, as shown on
the Drawings and as specified herein.
B. Related Work
1. Sections 01 01 20, 01 11 00, 01 11 13 and 01 60 00.
2. Section 01 77 00.
1.02 QUALITY ASSURANCE
A. Acceptable Materials and Manufacturers shall conform to
the herein specified material and construction standards.
B. Applicable Standards
All Work shall conform to the applicable provisions of
codes, standards and Specifications, as specified herein
as follows:
Name Abbreviation
National Fire Protection Association NFPA
Steel Structure Painting Council SSPC
Ten State Standards --
Painting Steel Water Storage Tanks AWWA D102
1.03 SUBMITTALS
A. The Contractor shall submit to the Owner's Representative
for review product specification of paint materials and
descriptions of surface preparation contemplated for the
Work to illustrate compliance with applicable requirements
of this Section and other Related Work Sections. Submittals
shall be in accordance with Section 01 33 00 and as herein
specified.
B. Submittals shall include, but not be limited to the
following:
1. Project schedule not to exceed 180 consecutive
calendar days; and start date not to deviate more than
140090.C1805 10/22/18 09 91 13-1
PAINTING WATER STORAGE TANK
2 weeks from start date indicated on the preliminary
schedule submitted at the time of bid unless otherwise
approved by the Owner.
2. Surface preparation details including containment
methods when and where containments are utilized.
3. Application instructions for each type of coating to
be used.
4. Maintenance recommendations for each type of coating
used.
5. Color samples for selection and scheduling. (Note:
Color to be selected by Owner if not specified; refer
to Section 01 33 00, Paragraph 2.02 for additional
details).
6. MSDS sheets for all products used.
7. Monitoring Plan (refer to Section 01 01 20; Paragraph
3.01), dry film thickness test results and diary of
daily painting activities.
8. Product Certification and Waste Manifest in
accordance with Section 01 01 20; Paragraph 1.03.
PART 2- PRODUCT
The following manufacturers are named herein (under
Protective Coating Systems) and approved for use.
Contractor shall use the product(s) of only one paint
product manufacturer. Products listed herein are that of
Tnemec Company, Inc.
2.01 CONTAINMENT
The Contractor shall provide full containment curtain for
entire standpipe and include a bonnet. The Contractor shall
provide shop drawings of all proposed components of
containment system and rigging drawings for review and
approval.
When required by federal, state or local regulation, the
entire tank and structure shall be enclosed and surface
preparation debris contained. Refer to SSPC-GUIDE 6 (CON),
"Guide for Containing Debris Generated During Paint Removal
Operations".
140090.C1805 10/22/18 09 91 13-2
PAINTING WATER STORAGE TANK
Refer to SSPC-GUIDE 7 (DIS). NOTE: All surface preparation
debris must be disposed of in accordance with applicable
federal, state and local regulations.
The owner is the generator of and is responsible for the
proper containment and disposal of all waste resulting from
the surface preparation of this tank(s). As part of this
contract, the contractor shall arrange and pay for all
containment, tests, permits, transportation and disposal
of all waste resulting from the surface preparation of this
tank(s) in strict accordance with Illinois EPA regulations.
Copies of all documentation required by Illinois EPA
regulations shall be submitted to the owner for
verification prior to the submission of the contractor's
request for final payment.
The painting contractor shall cut and grind flush all
exterior containment structure lugs and prepare and paint
areas as described in the exterior painting section of
these specifications.
Upon removal of the exterior lugs, the painting contractor
shall also repair any damaged interior coating by methods
described in the interior painting section of these
specifications. Abrasive blasting to bare metal (SSPC-
SP10) will be required in the damaged areas.
PART 3- EXECUTION
3.01 GENERAL
A. Do not proceed with the application of paint until the
following conditions are met: Proper temperature and
humidity, dust free spaces, proper surface preparation.
Starting Work constitutes acceptance of conditions and
substrates and full responsibility for the quality and
suitability of the finished Work.
B. Furnish inspection devices, in good working condition, for
the detection of holidays and the measurement of coating
film thickness (wet and dry). Inspect surfaces to be
painted and conditions of the area before starting Work.
Report any defects that render any area or surface unfit
to receive paint.
C. Handle and store materials in accordance with the
provisions of the Flammable and Combustible Liquids Code,
NFPA 30. All materials shall be handled and stored to
avoid fire and explosion.
140090.C1805 10/22/18 09 91 13-3
PAINTING WATER STORAGE TANK
D. Provide masks, gloves, and other protective materials or
clothing and furnish special ventilation as necessary or
recommended by the paint manufacturer.
E. During surface preparation, contain and dispose of any and
all paint chips/flakes in accordance with Federal, State
and/or local requirements, or as otherwise specified.
3.02 DELIVERY TO SITE
All materials furnished shall be labeled. Each label shall
indicate the manufacturer's name, the brand name, the type
of material as specified, the class of flammability or
combustibility if applicable, the color, and the mixing
and application instructions. Each container shall be
stenciled or embossed at the factory with the product
number and name as it appears in the manufacturer's
catalog. Deliver materials to the site in unbroken,
unopened containers, with labels affixed on each container
by the manufacturer. Containers delivered to site which
are damaged shall be cause for rejection.
3.03 CONDITIONS FOR APPLYING MATERIALS
A. Materials other than water thinned materials shall be
applied only to surfaces that are free of surface moisture
as determined by sight or touch.
B. Materials shall not be applied when the temperature of the
surfaces to be covered are below recommended levels, or
the surrounding atmosphere is below recommended levels, or
when the relative humidity exceeds 85 percent.
C. Additional conditions to be satisfied prior to application
shall be as specified in Section 01 0120.
D. Prepare all surfaces to receive materials as required
herein or as required by the coatings manufacturer. Clean
surfaces to remove all foreign matter. Roughen surface as
recommended by the coating manufacturer for proper adhesion
of coating to the substrate.
3.04 APPLICATION
A. Mix and apply materials in accordance with the
manufacturer's printed instructions. Allow each succeeding
coat to dry in accordance with manufacturer's printed
instructions.
B. Apply each coat in accordance with these Specifications
and the paint manufacturer's recommendations. The coating
140090.C1805 10/22/18 09 91 13-4
PAINTING WATER STORAGE TANK
shall be applied at the specified thickness. If the
specified thickness is not obtained, an additional coat(s)
of paint shall be applied at no additional cost to the
Owner.
C. All paint shall be applied in strict accordance with the
applicable manufacturer's printed data sheet and container
label outlining recommended minimum and maximum surface
and air temperatures required for application.
D. Do not paint code required labels, (Underwriters
Laboratories, Inc., Factory Mutual, or the like) or any
equipment identification, performance ratings, name, or
nomenclature plates. Remove any paint inadvertently or
previously applied to such items.
E. Protect adjacent surroundings against splash or overspray.
Remove materials from surfaces not designated to receive
such materials.
F. Finished surfaces shall be uniformly coated with the
thickness specified, free of runs, drips, sags, brush
marks, holidays, or other defects. Such defects shall be
corrected without change in Contract Price.
G. Remove waste rags and coating debris on a daily basis. Keep
storage spaces and work areas neat and clean.
3.05 PROTECTIVE COATING SYSTEMS
A. General: The application of any coating or primer
indicates the acceptance of and responsibility for the
condition of the substrate and the primer thereon.
B. Protect adjacent materials/surroundings/properties/etc.
subject to damage by the Work to be performed under this
Contract.
C. Exterior Coating System
1. Surface Preparation
Remove all oil and grease from the surface prior to
blast cleaning. All exterior surfaces shall be
abrasive blast cleaned to a Commercial Finish,
removing all existing paint, rust, dirt, mill scale
and foreign matter by the recommended methods outlined
in the SSPC Society of Protective Coating's
Specification SP-6. A minimum angular blast profile
of 2.0 mils is required.
140090.C1805 10/22/18 09 91 13-5
PAINTING WATER STORAGE TANK
2. Prime Coat
Immediately after blasting and before any rusting
occurs (within 12 hours maximum), apply one coat of
Tnemec Series 91-H2O Hydro-Zinc to all bare steel
surfaces. This coating shall be applied at a dry film
thickness of 2.5 - 3.5 mils.
3. Additional Prime Coat
Apply by brush only, one additional spot prime coat
to all inaccessible and hard to reach areas, such as
the inside of anchor bolt chairs, vent, manways, tie
rods, turnbuckles, and accessories, with one coat of
Tnemec Series 135-color Chembuild.
4. Intermediate Coat
Apply one complete coat of Tnemec Series 73-color*
Endura-Shield at a dry film thickness of 2.0 - 3.0
mils.
* The color lab of Tnemec Company, Inc. will select
this color.
5. Finish Coat
Apply one complete coat of Tnemec Series V700-color
HydroFlon at a dry film thickness of 2.0 - 3.0 mils.
D. Interior (Wet) Coating System
1. Surface Preparation
The entire surface shall be abrasive blast cleaned to
a Near White Finish, removing all existing paint,
rust, dirt, mill scale and foreign matter by the
recommended methods outlined in the SSPC Society of
Protective Coating's Specification SP-10. A minimum
angular anchor profile of 2.0 mils is required.
2. Prime Coat
Immediately after blasting and before any rusting
occurs (within 12 hours maximum), apply one coat of
Tnemec Series 91-H2O Hydro-Zinc to all bare steel
surfaces. This coating shall be applied at a dry film
thickness of 2.5 - 3.5 mils.
140090.C1805 10/22/18 09 91 13-6
PAINTING WATER STORAGE TANK
3. Stripe Coat
After the primer has cured in accordance with the
manufacturer's recommendations, apply one stripe
coat, by brush only, of Tnemec Series N140-1255Beige
Pota-Pox Plus to all weld seams, edges of unseal
welded roof plates, angles, and sharp edges.
4. Finish Coat
Apply one complete coat of Tnemec Series FC22-WH08
Off-White Epoxoline Plus at a dry film thickness of
30.0 - 35.0 mils. Apply with heated plural component
spray equipment only.
E. Interior (Dry) Coating System (Decorative Pilasters)
1. Surface Preparation
The entire surface shall be abrasive blast cleaned to
a Commercial Finish, removing all existing paint,
rust, dirt, mill scale and foreign matter by the
recommended methods outlined in the SSPC Society of
Protective Coating's Specification SP-6. A minimum
angular blast profile of 2.0 mils is required.
2. Prime Coat
Immediately after blasting and before any rusting
occurs (within 12 hours maximum), apply one coat of
Tnemec Series N140-1255 Chicago Beige Pota-Pox Plus
primer to all surfaces. This coating shall be applied
at a dry film thickness of 4.0 to 6.0 mils.
3. Finish Coat
Apply one complete coat of Tnemec Series N140-15BL
Tank White Pota-Pox Plus to all surfaces at a dry film
thickness of 4.0 to 6.0 mils.
3.06 COMPLETION OF WORK
A. When Work is complete leave all materials properly coated
to conform to the above Specifications. Remove and/or
clean-up dry fall, overspray, droppings, or spatter from
adjacent materials and properties. Make good damage to
other work to the satisfaction of Owner's Representative.
B. Furnish two copies and all instructions, manufacturers'
certificates, and documents to Owner's Representative.
140090.C1805 10/22/18 09 91 13-7
PAINTING WATER STORAGE TANK
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 for the Work specified in this Section will be made
at the contract lump sum prices for the below listed Items
in the Schedule of Prices:
09 91 13/01, Interior Wet Surfaces; all surface
preparation, priming and painting
09 91 13/02, Exterior Surfaces; all surface preparation,
priming and painting, including 2 logos
09 91 13/03, Interior Dry Surfaces; all surface
preparation, priming and painting
09 91 13/04, Full Containment as required
09 91 13/05, Proper and Legal Disposal of Paint
Chips/Flakes and Other Debris (Resulting
from Prep/Paint Work Interior Wet)
B. These prices shall be full compensation for furnishing all
materials, equipment and labor, as well as any and all
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.
END OF SECTION
140090.C1805 10/22/18 09 91 13-8
GENERAL PROVISIONS FOR ELECTRICAL WORK
SECTION 26 00 10
PART 1- GENERAL
1.01 SCOPE
A. This Section describes the general provisions for the Work
to be performed under Division 26 - Electrical, of this
Contract as well as Division 33 - Utilities, 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 33.
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 26 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.
140090.C1805 10/22/18 26 00 10-1
GENERAL PROVISIONS FOR ELECTRICAL WORK
1.02 QUALITY ASSURANCE
A. Acceptable Manufacturers and Equipment Supplier
1. As shown on the Drawings and/or as specified
hereinafter in subsequent Sections.
2. Acceptable manufacturers for various items of
equipment are specified in respective Sections of
these Contract Documents. For convenience of
designation in the Contract Documents, certain
equipment, articles, materials, and processes are
designated by manufacturer trade name or catalog name
and number. Such designation shall be deemed to be
followed by the words "or approved equal" whether such
words are shown or not. Contractor may offer material
or processes which are equal to that so indicated or
specified at the time of Bid. The burden of proof as
to comparative quality and suitability of
alternatives shall be upon Contractor. Specified
items are preferred. After acceptance of Bid, no
substitutions will be allowed, except as stated in
the Bid. (Exception: Where Specifications indicate
"No Substitutions Allowed" Contractor shall provide
the designated manufacturers equipment without
exception.)
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 City, 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 Section 01 33 00 - Equipment Submittals, and as
specified herein.
140090.C1805 10/22/18 26 00 10-2
GENERAL PROVISIONS FOR ELECTRICAL WORK
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
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.
140090.C1805 10/22/18 26 00 10-3
GENERAL PROVISIONS FOR ELECTRICAL WORK
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.
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 interchangeability to facilitate ready
replacement.
140090.C1805 10/22/18 26 00 10-4
GENERAL PROVISIONS FOR ELECTRICAL WORK
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
manufacturers. 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 listed.
2.03 DETAILS OF CONSTRUCTION
A. Electrical work shall meet requirements of these
Specification, product manufacturer's instructions,
recommended tolerances and recommended 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 and/or other
Sections of these Specifications.
140090.C1805 10/22/18 26 00 10-5
GENERAL PROVISIONS FOR ELECTRICAL WORK
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 26 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.
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 facilities to be
abandoned, removed, altered, modified and/or temporarily
relocated to allow activities during construction of the
Work.
140090.C1805 10/22/18 26 00 10-6
GENERAL PROVISIONS FOR ELECTRICAL 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.
3.03 PAINTING
A. All specified equipment shall be shop-primed and painted
in accordance with manufacturer's standard finish.
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.
END OF SECTION
140090.C1805 10/22/18 26 00 10-7
CATHODIC PROTECTION
SECTION 26 42 00
PART 1- GENERAL
1.01 SCOPE
This Section covers the existing cathodic protection
system, related electrical panels and associated
accessories including but not limited to power unit,
conduit, wires and cables, junction boxes, anodes and all
other necessary appurtenances to be designed, furnished,
installed, and tested as shown on the Drawings and as
specified herein. All existing fittings, connectors,
hangers, supports, anchors and accessories where required,
not otherwise specifically provided for in these
Specifications, but necessary to complete the various
systems shall be included under this Section of Work. Any
and all miscellaneous electrical work required for
installation and to electrically connect and provide for a
complete and operational system shall be included under
this Section of Work.
1.02 QUALITY ASSURANCE
A. Acceptable Supplier
Corrpro, the existing cathodic protection equipment
supplier, shall utilize personnel who have been engaged in
the design and installation of impressed current corrosion
control systems for five (5) or more years. The Work shall
be performed under the direction of a licensed professional
engineer or a person with N.A.C.E. certification who has
experience in water tank cathodic protection design.
Equipment shall be as manufactured by Corrpro Waterworks,
Inc. (@ 330-725-6681); no exceptions allowed.
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
American Water Works Association AWWA D104
National Electrical Code NEC
Underwriters Laboratories UL
National Association of Corrosion Engineers NACE
140090.C1805 10/22/18 26 42 00-1
CATHODIC PROTECTION
1.03 SUBMITTALS
A. The Contractor shall submit to the Owner's Representative
for review drawings, design details, product
specifications, and description, including control
schematic diagrams, wiring connection diagrams, together
with instruction manuals, installation instructions,
operating and maintenance manuals and field check-out,
start-up and testing procedures specified in Section 01 33
00 for all equipment furnished.
B. Submit copy of ANSI/NSF 61 classification for all system
components located within the tank.
PART 2- PRODUCT
2.01 GENERAL
A. General. All existing materials and equipment shall
conform to the Specifications listed below. All components
that have been previously provided shall have minimum
ratings as specified herein. 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.
B. Standard Products. All non-operational materials shall be
new and conform to the applicable portion of these
Specifications. The materials to be furnished under these
Specifications shall be the standard product of
manufacturers regularly engaged in the production of such
equipment and shall be the manufacturer's latest standard
design.
C. Special Products. The supplier of the power units, anodes
and other special cathodic protection materials and
equipment shall have a minimum of five (5) continuous years
of successful experience in the manufacture, installation
and service of cathodic protection systems for similar tank
structures.
2.02 EQUIPMENT CRITERIA AND OPERATION
A. Type. The existing cathodic protection system is of the
automatic impressed current type with IR Drop Free mode of
operation to control corrosion of the submerged steel
surfaces of a potable water storage tank.
140090.C1805 10/22/18 26 42 00-2
CATHODIC PROTECTION
B. Design Criteria. The criteria for protection shall be based
on a tank-to-water potential, IR drop free, within a range
of -0.850 volts to -1.050 volts relative to a stationary
copper-copper sulfate reference electrode. This potential
shall be measured free of the effect of voltage gradients
(IR drops). The potential shall be measured with protective
current being applied as recommended in NACE Standard RPO
388-88 latest version and/or ANSI/AWWA D104-91.
C. Design Requirements. The existing cathodic protection
system is designed based upon capacity and performance
requirements as follows:
Total submerged surface area of the tank. Total
surface area includes high water level in tank and
wet risers including draft tube recirculation piping,
which are 30" diameter or larger.
Total bare surface area to be protected will be a
minimum of 25% of total surface area.
Type of coating and condition of coating.
Minimum current density of 0.5 MA/ft2 bare surface
area.
Chemical analysis of water including resistivity
expressed in ohm-cm.
Tank being susceptible to icing.
Minimum anode design life of twenty (20) years.
Selection, dimensions and layout of system components
specified hereinafter.
D. Mode of Operation. The existing power unit is capable of
operating in the following three (3) modes with the
selection of the desired operating mode made on the front
panel without additional equipment or tools with access
limited to authorized personnel only.
1. Manual Mode. The power unit shall operate as a
constant current rectifier continuously delivering
preselected current to the anodes. In this mode, the
automatic control shall be locked out without
affecting the preprogrammed settings. The output of
the power unit shall be regulated from 0-100% of rated
capacity without the use of transformer taps.
140090.C1805 10/22/18 26 42 00-3
CATHODIC PROTECTION
2. Auto-1 Mode. In the Auto-1 mode, the controller shall
automatically and continuously monitor the potential
of the structure and make necessary adjustments in
the current output to maintain the structure potential
at the preselected value. A single reference
electrode placed within 1 to 2 cm. from the protected
structure shall be used to measure the potential and
control operation of the power unit.
3. Auto-2 Mode (IR Drop Free). The Auto-2 model shall
function the same as Auto-1 except the potential shall
be monitored against a reference electrode located
some distance from the protected structure. The
measured and displayed potential shall be free of IR
drop error.
E. Data. The following data shall be used as the basis for
system design.
ITEM TANK DATA
Type: Standpipe
Style: --
Capacity: 1.5 Million Gallons
Tank Height: 125’-3”
Tank Diameter: 47’-0”
Draft Tube Mixer: None; per Village
2.03 DETAILS OF CONSTRUCTION
A. General. The existing anodes and suspension system will
need to be removed and replaced under this contract. This
Specification outlines the minimum quality required for
long-term economy and reliability of the cathodic
protection power unit (rectifier) which is solid state,
air-cooled and consisting of the necessary potential
control circuitry, transformers, rectifiers, circuit
breaker, meter, wiring, terminals and appurtenances of
adequate capacity to meet the requirements of the system.
Multiple D.C. output circuits exist, each circuit consists
of separate transformers, rectifier and control. The output
of each circuit is electronically controlled in all modes
of operation. The entire unit is field serviceable. The
unit is designed to operate on 110 volts, 1 phase, 60
hertz, A.C.
B. Existing Transformer. The transformer is of the separate
primary and secondary type and shall withstand continuous
140090.C1805 10/22/18 26 42 00-4
CATHODIC PROTECTION
operation 10% above rated input voltage at the maximum
rated D.C. output. The transformer is designed for a
maximum hot spot heat rise not to exceed 50C.
C. Existing Rectifiers. The rectifier unit(s) performs in
accordance with ANSI/AWWA Standard D104-04 Section 4:
4.1.1.1.1, IR drop free system and include:
1. Transformer
2. Selenium or silicon rectifying elements
3. Circuit breaker(s)
4. Lightning, surge and overload protection
5. Provision for air-cooling operation
6. Voltmeter(s) and ammeter(s)
7. Weatherproof cabinet in accordance with NEMA 4R
requirements
8. Provision to vary current output from 0% to 100% of
rated capacity
9. Provisions for mounting, grounding and locking
10. Provision for 110-120 volt, 60Hz, single phase AC
power
11. DC output capacity in volts and amperes in accordance
with Design Criteria and Requirements specified in
Paragraph 2.02
12. Number of circuits or separate rectifiers in
accordance with Design Criteria and Requirements
specified in Paragraph 2.02
13. Automatic controller is AWWA D104-04, Type A and
adjusts current output to compensate for changes in
water level, temperature of water, water chemistry,
and cathodic polarization and shall include the
following provisions:
a. Utilize long-life reference electrode(s) mounted
in tank
b. Monitor the tank-to-water potential, free of IR
drop
c. Automatically adjust the tank-to-water
potential, free of IR drop, to a preset value
d. Operate within 25MV of preset value
e. Limit current to a preset value
f. Utilize potential meter(s) to display tank-to-
water potential, free of IR drop
D. Proposed Long Life Reference Electrode(s). The permanent
reference electrode shall consist of a copper-copper
sulfate electrode which shall be manufactured to remain
stable (plus or minus 10 MV) for a minimum of ten (10)
years. The reference electrode to lead wire connection
shall be encapsulated to prevent water migration.
140090.C1805 10/22/18 26 42 00-5
CATHODIC PROTECTION
The stationary reference electrode shall be positioned in
the tank water to provide the most representative
measurements for the submerged surface area(s).
E. Proposed Anode Suspension System. The anode suspension
system shall be designed to be resistant to ice damage and
in accordance with ANSI/AWWA Standard D104-04, Section
4.2.4.1.1 Type A, Horizontal System.
The anode suspension system shall consist of a minimum
5/16" polyester cord. The cord shall be secured to steel
anchors welded to the side wall of the tank bowl or to the
exterior of the dry access column of spheroidal type tanks
and the side wall of wet risers which are 30" diameter or
larger. All cord to cord connections shall be tied and
taped.
Handhole assemblies used for the installation of vertical
anode suspension systems from the roof of the tank shall
consist of a 6" diameter steel cover, rubber gasket and a
steel bar and bolt assembly for each 5" diameter access
opening.
F. Proposed Anode Materials. The anode materials shall be
selected in accordance with Design Criteria and
Requirements specified in Paragraph 2.02 and shall consist
of one of the following:
1. Minimum .062" diameter platinized niobium with 25
micro inches of platinum. The wire anode shall be
continuous with a maximum of two (2) anode to header
connections.
2. Minimum .062" diameter titanium with a precious metal
oxide coating. The wire anode shall be continuous with
a maximum of two (2) anode to header connections.
All anode to header cable connections shall be sealed to
prevent water migration.
G. Proposed Pressure Entrance Fitting. For icing tanks the
pressure entrance fitting shall accommodate anode and
reference electrode lead wires at the base of the tank.
The fitting shall be manufactured to prevent leakage
through the fitting and to prevent water migration through
the wire insulation.
The entrance fitting shall be sized for a maximum 1.5 inch
Schedule 80 steel coupling.
140090.C1805 10/22/18 26 42 00-6
CATHODIC PROTECTION
H. Existing Control Circuits. The control circuits are
designed to continuously monitor the potential of the
structure and automatically regulate the protective
current as required to maintain the potential at the
preselected level. The current output of the unit is
controlled to prevent overprotection.
I. Existing Circuit Breaker. The circuit breaker shall be of
the single phase, 2 pole, series trip, manually reset,
magnetic type not affected by change in ambient
temperature.
J. Wiring. Wiring for the cathodic protection system and
equipment shall be as follows:
1. Existing Power Unit Wiring. The wires to connect
components of the power unit are stranded or solid
copper meeting the requirements of the N.E.C. for
allowable current carrying capacities. The D.C.
output terminals are conveniently located and are
sized to accommodate wires as required for safe
operation of the cathodic protection system.
2. Proposed Wiring Within Tank. All wiring within the
tank shall be insulated to prevent copper conductor
to water contact.
3. Proposed Exterior Tank Wiring. All wiring on the
exterior of the tank shall be insulated and run in
rigid conduit.
K. Proposed Hardware. All hardware used in conjunction with
the system shall be protected against corrosion.
L. ANSI/NSF 61. All materials in contact with the water, or
exposed to the interior of the tank, shall be classified
in accordance with ANSI/NSF 61 ADrinking Water System
Components@.
PART 3- EXECUTION
3.01 FACTORY TESTING
All equipment shall be inspected and tested in the
manufacturer's shops. Monitoring and control devices
shall be functionally tested to verify correct operation
and that all component parts function properly.
3.02 INSTALLATION AND TESTING
A. General. The equipment shall be installed as shown on the
140090.C1805 10/22/18 26 42 00-7
CATHODIC PROTECTION
Drawings in accordance with the manufacturer's
instructions and recommended best practices. All
necessary 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. All
miscellaneous electrical work required for electrification
of the cathodic protection system, including conduit and
wiring, shall be in accordance with local codes and
standards.
B. Field Supervisory Personnel. The equipment manufacture
shall provide the services of factory trained field
supervisory personnel who shall perform all necessary
checkouts and energize and adjust the system to operate
within the specified criteria. The factory trained field
supervisory personnel shall be responsible for adjusting
the system to perform in accordance with specified design
criteria as well as conducting potential profile
measurements.
C. Qualifications. The cathodic protection field supervisory
personnel shall have a minimum of five (5) years’
experience installing and servicing the types of system
described by these Specifications. The system shall be
installed by personnel specifically trained by the cathodic
equipment manufacturer to provide all workmanship required
for corrosion control performance.
D. Performance. All work shall be in accordance with the
following requirements:
1. Components of the cathodic protection system shall be
installed in the manner and at the locations as shown
on the design drawings prepared by the cathodic
equipment manufacturer.
2. Pressure entrance fitting shall be installed in
accordance with AWWA D100-96, Section 3.13.
3. Welding, cutting and coating shall be in accordance
with AWWA Standards D100, D102 and D105.
4. Welding of steel coupling and anchors for horizontal
anode suspension and rectifier mounting bracket shall
be coordinated and furnished by the Contractor prior
to coating the tank. Cutting of 5" diameter access
openings for vertical anode suspension shall be
coordinated and furnished by the Contractor as
required. The cathodic protection equipment
manufacturer shall furnish installation drawings and
materials to the Contractor prior to tank coating.
5. Electrical continuity of all section of bolted or
riveted tanks shall be furnished by the Contractor.
140090.C1805 10/22/18 26 42 00-8
CATHODIC PROTECTION
6. Materials and equipment shall be inspected prior to
installation. Any defective component shall be
repaired or replaced.
7. Electrical work shall be in accordance with the
National Electrical Code.
8. Lead wires shall be installed to prevent damage from
abrasion.
9. Electrical connections within the tank shall be sealed
to prevent water migration.
10. The rectifier is mounted at a convenient height (eye
level) above grade for monitoring and service
purposes.
11. AC power to the rectifier shall be provided as shown
on the Drawings.
12. Disinfection of the tank shall be in accordance with
the applicable requirements of Section 01 01 20.
E. Energizing System. After the system is installed and the
tank is filled, the cathodic protection field supervisory
personnel shall provide startup service which includes
energizing, testing and adjusting the system for optimum
performance of the cathodic protection system. This startup
service shall be in accordance with ANSI/AWWA D104-04
Section 5.2 Testing, 5.2.1 Field Test for Type A, IR Drop-
Free System. This startup service shall be coordinated with
the Owner and/or Owner=s Representative.
All tank-to-water potential measurements shall be
conducted with a calibrated portable copper-copper sulfate
reference electrode and a portable high impedance
voltmeter. A minimum of five (5) locations shall be
measured. All test data shall be reviewed and evaluated by
the corrosion specialist in the regular employment of the
cathodic protection equipment manufacturer.
The final test and adjustment of the system shall be
conducted approximately twelve (12) months after the
startup service.
F. Monitoring During Guarantee Period. The cathodic
protection equipment manufacturer shall furnish self-
addressed report cards to be completed by the Owner. Report
cards received by the cathodic protection equipment
manufacturer during the one-year guarantee and service
period shall be evaluated for system performance.
G. Service Agreement. The cathodic protection equipment
manufacturer shall furnish a Service Agreement for the type
of system installed. The Service Agreement shall include
the annual service rate and a complete description of the
scope of work proposed. The Service Agreement for annual
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CATHODIC PROTECTION
inspection and potential testing shall be in accordance
with AWWA D104-04 Appendix C and include as a minimum:
1. One (1) annual job site visit.
2. Tank-to-water potential measurements conducted at
representative locations within the tank. A minimum
of five (5) locations shall be measured.
3. Measurements shall be conducted with a portable high
impedance voltmeter and a calibrated copper-copper
sulfate reference cell.
4. Adjustment for optimum corrosion control shall be in
accordance with criteria for protection.
5. Data recorded shall provide sufficient information to
evaluate the performance of the system relating to
criteria for protection.
6. In the event additional work is required, the cathodic
equipment manufacturer shall submit a report with
recommendations for optimizing corrosion control.
3.03 PAINTING
All equipment specified in this Section shall be shop
painted with the manufacturer's standard finish.
Contractor shall be responsible for touch-up field painting
as 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 for the Work specified in this Section will be made
at the lump sum prices for the below listed Items, in the
Schedule of Prices:
26 42 00/01; Remove and Reinstall Existing Cathodic
Protection
26 42 00/02; Continuation of Existing Service Agreement
B. These prices shall be full compensation for furnishing all
materials, equipment and labor as well as any and all
incidentals necessary to complete the Items of Work to
provide a complete and operational system.
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
140090.C1805 10/22/18 26 42 00-10
CATHODIC PROTECTION
the prices bid for the various items to which they pertain
in the Schedule of Prices.
END OF SECTION
140090.C1805 10/22/18 26 42 00-11
LIGHTING EQUIPMENT
SECTION 26 56 00
PART 1- GENERAL
1.01 SCOPE
A. Description
This Section covers the new LED type lighting system to be
furnished, installed, connected and tested as specified
described herein and installed within the pilaster with
the ladder riser, new vaportight LED “jelly jar” type RAB
VX100 lighting to be installed every 10’-0” inside of the
pilaster. The lighting system shall include outlet boxes,
pull and junction boxes, conduit and fittings, wire, cable,
grounding connections, wiring devices and plates,
fixtures, lamps, receptacles and switches, and accessories
required for a complete lighting system. 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. Section 26 00 10.
2. Other Sections as specified herein.
1.02 QUALITY ASSURANCE
A. Acceptable Manufactures
1. Light Fixtures: As shown on the Drawings.
2. Other items: As specified herein.
B. Applicable Standards
Lighting fixtures, lamps, and accessories shall conform
with the requirements of the NEC.
1.03 SUBMITTALS
The Contractor shall submit to the Owner’s Representative
for review drawings, product specifications and
descriptions, including control schematic diagrams, wiring
connection diagrams, polar charts of the lighting pattern
together with installation instruction, and operating and
maintenance procedures specified in Section 01 33 00 for
all equipment furnished.
140090.C1805 10/22/18 26 56 00-1
LIGHTING EQUIPMENT
PART 2- PRODUCTS
2.01 GENERAL
The approximate locations of lighting fixtures, switches,
receptacles, and other equipment connected to the lighting
panelboards in the pilaster every 10’-0” of vertical
distance as well as the circuit assignment to each device
are specified herein. Conduit and wiring connections shall
be furnished by the Contractor in accordance with the
existing circuiting and control. Branch circuit breakers,
spares, and spaces shall originate from the existing power
source location in the pump station.
2.02 DETAILS OF CONSTRUCTION
A. Outlet Boxes
1. Each fixture or continuous row of fixtures and all
switches, receptacles, and other wiring devices shall
be provided with suitable outlet boxes.
2. Outlet boxes shall be of the cast ferrous or aluminum
alloy type.
3. Drains shall be provided on all boxes located at
lowest point in conduit run, as specified, or as shown
on the Drawings.
4. Outlet boxes shall be equipped with suitable covers,
canopies, or device plates as specified.
5. Outlet box extension rings shall be provided for
exposed conduit extensions from embedded outlet
boxes. Extension rings shall match the embedded boxes.
Where extension rings are mounted on cast type boxes,
neoprene gaskets shall be used.
B. Wiring Devices and Plates
1. The Contractor shall furnish and install all wiring
devices and device plates as shown on the Drawings
and as specified herein in Section 26 00 10.
2. Wall switches and receptacles shall be covered with
device plates suitable for the type and number of
devices enclosed. Covers mounted on boxes containing
2 or more devices shall be of the combination type.
3. Switches for the control of lighting shall be as
specified in Section 26 00 10.
4. Convenience outlets shall be as specified in Section
26 00 10.
140090.C1805 10/22/18 26 56 00-2
LIGHTING EQUIPMENT
C. Fixtures
Fixtures shall be of the types specified in ¶1.01A,
Lighting Fixture Schedule and shall be furnished complete
with mounting brackets, fixture mounting stems, or hangers,
together with steel supports and/or channels as required,
and fixture wires. Fixture wire shall be as specified in
Section 26 00 10.
D. Panelboard Circuit Breakers: Circuit breakers shall be
molded case type, quick make/quick break with thermal and
magnetic tripping and shall be provided with self-
contained, non-interchangeable trip elements effectively
sealed to prevent tampering. Multi-pole breakers shall have
a common trip mechanism and common operating handle.
Circuit-breakers shall have an interrupting capacity of
22,000 A, rms symmetrical at 240-V AC. 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.
PART 3- EXECUTION
3.01 FACTORY TEST AND INSPECTION
Each item of equipment shall be shop-assembled and tested
in accordance with the 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. The Contractor shall install all lighting fixtures, lamps,
switches, receptacles, and associated supports and
fittings, conduit, boxes, wiring and grounding conductors
as specified, and in accordance with the manufacturer's
instructions and recommendations.
B. All fixtures shall be aligned and directed so as to
illuminate the desired area properly. Fixtures shall be
directly and rigidly mounted on their supporting
structures. The conduit system shall not be used to support
fixtures except where specifically shown on the Drawings.
C. Lighting fixtures specified are to be flush mounted, shall
not be fastened directly to steel but shall be spaced away
by means of one inch galvanized metal channels or spacers.
D. All lighting fixtures shall be directly grounded to the
equipment grounding system by bonding the grounded conduit
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LIGHTING EQUIPMENT
system to the non-current carrying metal enclosure.
Grounding type lock-nuts or conduit bushings shall be used.
E. After installation, the complete lighting system shall be
given adequate field visual and functional tests, witnessed
by the Owner’s Representative, to demonstrate that the
requirements of the Specifications and Drawings have been
met and that the performance of the system is satisfactory.
Three certified copies of the field tests shall be
furnished to the Owner’s Representative.
3.03 PAINTING
A. All equipment specified in this Section shall be shop-
painted with the manufacture's standard finish. All
equipment specified in this Section shall be field painted
in accordance with Section 09 91 13.
B. The Contractor shall be responsible for coordination of
compatibility between the manufacturer's standard finish
and the field paint specified.
PART 4- MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
Measurement will not be made of the Work specified in this
Section.
4.02 PAYMENT
A. Payment for the Work specified in this Section will be made
at the lump sum prices for the below listed Items, in the
Schedule of Prices:
26 56 00/01, Lighting Equipment
B. This price shall be full compensation for furnishing and
installing all materials; and for all preparation; and for
all labor, equipment, tools, and incidentals necessary for
the Work as required by the Specifications and Drawings.
Payment for excavation and backfill required for
installation shall be included in the prices bid for these
Items as they pertain.
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.
END OF SECTION
140090.C1805 10/22/18 26 56 00-4
SCADA SYSTEM MODIFICATIONS
SECTION 27 51 25
PART 1- GENERAL
1.01 SCOPE
A. Description
This section covers the instrumentation and control
equipment upgrades, together with related accessories to
be furnished, installed, programmed and tested as shown on
the Drawings and as specified herein. All piping,
conduits, wiring, fittings, connectors, supports and
anchors, where required shall be included under this
Section of Work.
B. Related Work
1. Division 26 - Electrical.
2. Other Sections as specified herein.
1.02 QUALITY ASSURANCE
A. Acceptable Manufacturers
1. SCADA modifications shall be performed by City’s
preferred System Integrator, Tri-R Systems. No
exceptions. The contact person for Tri-R Systems is
Timothy Smith, E-Mail: tsmith@tri-rsystems.com,
Phone: (815) 787-0830.
B. Applicable Standards, Codes and Permits
All Work performed and all materials furnished or otherwise
used shall be in accordance with the National Electric
Code, the National Electrical Safety Code, and applicable
local regulations and ordinances. Where required by
applicable codes, materials and equipment shall be listed
by Underwriters' Laboratories or other testing
organizations acceptable to the governing authority. The
Contractor shall, at his/her own expense, arrange for and
obtain all necessary permits, inspections, and approvals
by the proper authorities in local jurisdiction of such
Work.
C. Coordination
Instrument and control systems shall be designed and
coordinated for proper operation with related equipment
and materials furnished by other suppliers under other
Sections of these Specifications, and where applicable, to
140090.C1805 10/22/18 27 51 25-1
SCADA SYSTEM MODIFICATIONS
related existing equipment. All instruments and control
devices shall be applied in full conformity with the
drawings, specifications, engineering data, instructions,
and recommendations of the instrument or device
manufacturer and the related equipment manufacturer.
Review of drawings submitted prior to the final
determination of related equipment shall not relieve the
Contractor from supplying systems in full compliance with
the specific requirements of the related equipment.
Related equipment and materials may include, but will not
be limited to, pump controls, supervisory control
equipment, telemetry, flow meter, conduit, cable, and
piping as described/specified in other Sections of these
Specifications all as associated with this Project.
Installation drawings shall be prepared for
interconnecting wiring and piping between the related
equipment and the equipment furnished under this Section.
All interconnecting wiring shall be appropriate for the
service and shall result in a properly functioning system.
Coordination with other sub-contractors and/or Owner
designated contractors, and supervision of installation
shall be provided by the Contractor as required during
construction.
1.03 SUBMITTALS
The Contractor shall submit to the Owner’s Representative
for review detailed shop drawings, product specifications
and descriptions, including control schematic diagrams,
internal wiring diagrams, interconnecting wiring diagrams,
sample screen displays, together with instruction manuals,
installation instructions, operating and maintenance
manuals and field check-out, start-up and testing
procedures as specified in Section 01 33 00 for all
equipment furnished.
1.04 MATERIAL DELIVERY, STORAGE AND HANDLING
It is anticipated that no new equipment will be needed for
this work. The work will be programming existing SCADA
equipment only.
PART 2- PRODUCTS
2.01 GENERAL
A. All materials and equipment shall conform to the
140090.C1805 10/22/18 27 51 25-2
SCADA SYSTEM MODIFICATIONS
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 for a single item of equipment shall apply
equally to all identical items of equipment to be
furnished.
2.02 DESCRIPTION/OPERATIONAL AND PERFORMANCE REQUIREMENTS
The purpose of this coordination and any required
modifications so the Village can take the standpipe and
related pumps and VFD’s out of service and to perform the
necessary work and coordination to bring the standpipe and
pump station back in line after all work is complete.
The SCADA pump control logic shall use station flow meter
signals, local pressure sensing and VFD current sensing as
self-checks for normal operating conditions.
The SCADA system pump logic control shall provide for
operation during and after a utility power failure, station
transfer to emergency power and return to normal utility
power.
2.03 INSTRUMENTATION
Instrumentation shall consist of existing primary sensing
elements and transmitters for pressure sensing. Sensors
and transmitters should be existing at locations indicated
on the Drawings.
PART 3- EXECUTION
3.01 FACTORY TEST AND INSPECTION
Not applicable.
3.02 INSTALLATION AND TESTING
A. General
The programming shall be installed as shown on the Drawings
and in accordance with the manufacturer's instructions and
recommended best practices. All necessary fittings,
connectors, supports, anchors 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.
140090.C1805 10/22/18 27 51 25-3
SCADA SYSTEM MODIFICATIONS
B. Instrumentation Installation
The instrumentation equipment shall be installed by the
Contractor or his/her subcontractors. The services of the
System Integrator's technical representative shall be
provided as necessary to calibrate, test and advise others
of procedures for installation, adjustment and operation
of equipment, devices, components, etc. all in accordance
with the requirements of other Sections of the
Specifications. System Supplier shall be responsible for
performing any and all software engineering and
programming/calibrating required by these Specifications
and as directed by the Owner to provide a complete and
operational installation. The System Integrator's
technical representative shall be factory-trained and
shall perform all necessary coordination to check-out,
start-up and place into operation the water works
facilities as well as instruct Owner personnel in the
control and operation of the herein specified equipment.
Installation of instrumentation equipment shall be in
accordance with the following:
1. Field Wiring. Field wiring materials and
installation shall conform to the requirements of the
electrical Sections.
2. Field Piping. Field piping materials and
installation shall conform to the requirements of the
piping Sections.
3. Field-Mounted Instruments. Instruments shall be
mounted so that they may be readily approached and
easily serviced and so that all appurtenant devices
may be easily operated. Installation details for
some instruments are indicated on the Drawings.
Unless otherwise indicated on the Drawings,
instruments which include local indicators shall be
mounted so that the indicator is approximately 5'-0"
above the floor. Indicators shall be oriented for
ease of viewing. Transmitters shall be mounted on
corrosion-resistant pipe supports suitable for floor,
wall or bracket mounting.
4. Field Calibration. A technical representative of the
System Supplier shall calibrate each instrument and
shall provide a written calibration report for each
instrument indicating the results and final tuning
adjustment settings. Instrument calibration shall be
accomplished prior to a checkout of the operation of
the system. Field calibration work shall also include
140090.C1805 10/22/18 27 51 25-4
SCADA SYSTEM MODIFICATIONS
any and all necessary software modification required.
5. Systems Check. A technical representative of the
System Integrator shall participate in the checkout
of the control systems. If interrelated devices
furnished by other suppliers, such as valve actuators,
and/or motor controls, do not perform properly when
placed in service, the technical representative shall
use suitable test equipment to introduce a simulated
signal to verify or measure signals from those devices
as may be required to locate the source of trouble or
malfunction. A written report stating the results of
such tests shall be furnished, if requested by the
Owner's Representative, as necessary to assign
responsibility for corrective measures.
C. Customer Training
The Contractor shall employ the services of the Village’s
System Integrator, Automatic Control Services, to provide
a qualified representative at the job site to train the
Owner's personnel in operating and maintaining the
equipment. The representative shall be a skilled, factory-
trained technician capable of providing services to
supervise and inspect the installation and start-up
operation of all systems, as well as to instruct Owner's
operating personnel in the operation and maintenance of
the equipment. The training session shall include a
technical explanation of the equipment and an actual hands-
on demonstration. The training session shall consist of
one 8 hour working day, and the schedule shall be arranged
and coordinated with the Owner.
3.03 PAINTING
All equipment specified in this Section shall be shop
painted with the manufacturer's standard finish.
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 for the Work specified in this Section will be made
at the contract lump sum prices for the below listed Items
in the Schedule of Prices:
140090.C1805 10/22/18 27 51 25-5
SCADA SYSTEM MODIFICATIONS
27 51 25/01; Modifications to Existing SCADA System
B. These prices shall be full compensation for furnishing all
materials; for all preparation/installation/programming,
and placing of the materials; and for all labor, equipment,
tools and incidentals necessary to complete these items
for instrumentation equipment installation as shown on 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
in the Schedule of Prices.
END OF SECTION
140090.C1805 10/22/18 27 51 25-6
GENERAL PROVISIONS FOR MECHANICAL WORK
SECTION 33 05 50
PART 1- GENERAL
1.01 SCOPE
A. This Section describes the general provisions for the Work
to be performed under Division 26 - Electrical, 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 Specifications in related Sections, and as
shown on the Drawings. Related electrical work shall be
performed in accordance with the applicable provisions of
Division 26.
B. The following specifies the minimum general requirements
for the furnishing, installation and testing of the
materials and equipment. Additional details of items
furnished and installation and testing procedures are
specified under individual Sections of the Specifications.
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 intended 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.
1.02 QUALITY ASSURANCE
A. Acceptable Manufacturers and Equipment Suppliers.
Acceptable manufacturers for various items of equipment
are specified in respective Sections of these Contract
Documents. For convenience of designation in the Contract
Documents, certain equipment, articles, materials, and
processes are designated by manufacturer trade name or
catalog name and number. Such designation shall be deemed
to be followed by the words "or equal" whether such words
are shown or not. The Contractor may offer material or
processes which are equal to that so indicated or specified
at the time of Bid. Such offers must be in accordance with
the hereinafter specified requirements. The burden of
proof as to comparative quality and suitability of
alternatives shall be upon the Contractor. Specified items
are preferred. After acceptance of Bid, no substitutions
140090.C1805 10/22/18 33 05 50-1
GENERAL PROVISIONS FOR MECHANICAL WORK
will be allowed, except as stated in the Bid. (Exception:
Where Specifications indicate "No Substitutions Allowed"
the Contractor shall provide the designated manufacturers
equipment without exception.)
B. Applicable Standards
Systems as installed by the Contractor shall be in
accordance with all applicable Specifications included in
these Contract Documents and shall conform to State,
Federal and/or Local codes and regulations. Any conflicts
between Drawings or Specifications or applicable codes
regulations and/or authorities having jurisdiction, shall
be brought immediately to the Owner's attention. In such
cases, the more stringent requirements or design practices
shall govern and shall be complied with, without any extra
cost to the Owner.
C. Field Verification
The Contractor shall verify field conditions, measurements
and dimensions so as to assure that all items of equipment
shall fit properly and be suitable for the field
conditions.
D. Proposed Substitute Equipment
Comply with requirements of Section 01 33 00.
1.03 SUBMITTALS
A. General
The Contractor shall comply with the requirements specified
in Section 01 33 00 - Submittals, and as specified herein.
B. Materials
1. The Contractor shall submit lists of material,
equipment, apparatus, and accessories intended for
use.
2. The Contractor shall include with all submittals all
physical and performance data, including materials,
manufacturer's names, model numbers, weights, sizes,
capacities, temperatures, pressures, flow rates,
performance curves, electrical ratings, finishes,
colors, dimensions, accessories, and all other data
required to completely describe the equipment and to
indicate compliance with the Specifications.
140090.C1805 10/22/18 33 05 50-2
GENERAL PROVISIONS FOR MECHANICAL WORK
C. Shop Drawings and Testing Procedures
1. The Contractor shall submit for review dimensioned
outline shop drawings showing the general arrangement
of the equipment to be furnished, in accordance with
the specified submittal schedule, and/or as otherwise
specified herein.
2. Before proceeding with the manufacture of the
equipment, the Contractor shall submit for review
general assembly shop drawings, subassembly shop
drawings, detail shop drawings, calculations, design
data, catalog cuts and similar engineering documents
required to demonstrate fully that all parts will
conform to the provisions and intent of the
Specifications and to the requirements of their
installation, operation, and maintenance. These shop
drawings shall show all necessary dimensions and
fabrication details, including the design of welded
and bolted joint connections, tolerances of fits and
clearances, and all field joints and subassemblies in
which the Contractor proposes to ship the equipment.
Design criteria, calculations, and detailed
specifications, shall be submitted for the design of
all major components and for other features or details
when requested.
3. All submittals by the Contractor shall be certified
by the respective equipment manufacturer.
4. The Contractor shall submit complete full-line wiring
diagrams covering all equipment furnished. The
Contractor shall furnish shop drawings of switch
developments for all instrument and control switches
and internal connection diagrams for all instruments,
relays, regulators, etc. The Owner's Representative
will return one print of each wiring diagram on which
will be marked the wire notations and cable numbers
for outgoing circuits where this information is not
otherwise available to the Contractor. The Contractor
shall add this information to his shop drawings.
Adequate space shall be allowed on the wiring diagrams
to accomplish this.
5. Shop drawings shall include electrical devices,
accessories and wiring furnished as component parts
of mechanical equipment and shall show arrangement
and dimensions.
6. The Contractor shall prepare and submit shop drawings
for all work areas, indicating solutions to space
140090.C1805 10/22/18 33 05 50-3
GENERAL PROVISIONS FOR MECHANICAL WORK
problems and coordination with requirements in other
Sections. These shop drawings, as a requirement of
this Division, shall indicate superimposed items of
all Divisions and Sections involved in congested
areas, including, but not limited to, piping,
structural work, electrical work and ceiling work.
7. Protocol of all shop and field testing procedures
shall be submitted. In addition and prior to
conducting testing activities at the site, the
Contractor shall prepare a test program, showing the
sequence of work required for specified tests. This
program shall be in the form of a plan drawing to the
extent practical and shall be exclusive of all other
plans and schedules required under this Contract.
This program shall be supplemental by sketches, text,
bar diagrams, showing the sequence of work required
for testing.
D. Operating and Maintenance Manuals
1. Upon completion of the Work, the Contractor shall
furnish to the Owner six (6) complete sets of
operating instructions, maintenance instructions,
parts lists, and all other bulletins and brochures
pertinent to the operation and maintenance of the
mechanical equipment and systems provided.
2. The operating and maintenance manuals shall be bound
in durable binders, labeled to correspond with all
mechanical systems shown or specified, and indexed
into sections such as, but not limited to, the
following:
a) A chart tabulating all types of pipe and pipe
fittings, valves and piping specialties
installed in each system.
b) Manufacturer's brochures, including names,
addresses and telephone numbers, for all items
installed in each system. Identify items by item
number shown on the Contract Documents.
Reference the manufacturer's part or model
number and the system in which it is installed.
c) All major equipment such as pumps, valves,
compressors and related equipment, including
shop drawings.
d) Lubrication charts for equipment requiring
lubrication, listing each item of equipment,
140090.C1805 10/22/18 33 05 50-4
GENERAL PROVISIONS FOR MECHANICAL WORK
proper lubricant and dates lubricated, and a
lubrication schedule.
e) List of consumable items, parts, and supplies,
with applicable price lists.
E. Certificates
At the completion of the construction, the Contractor shall
submit, to the Owner's Representative for review, written
certification that all mechanical systems have been tested,
and that the installation and performance of these systems
conform to the requirements of the Specifications.
1.04 WARRANTY
All specified equipment shall be warrantied, and shall be
provided with such warranties covering all parts and labor
for a periods of one (1) year from the date of Final
Acceptance unless otherwise specified in subsequent
Sections of these Specifications.
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 interchangeability to facilitate ready replacement.
B. Materials
All materials 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 Owner's
Representative and shall be suitable for the purpose
intended.
140090.C1805 10/22/18 33 05 50-5
GENERAL PROVISIONS FOR MECHANICAL WORK
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
manufacturers and/or suppliers. 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 components of mechanical equipment shall be UL
rated.
2.03 DETAILS OF CONSTRUCTION
A. Nameplates
Each item of manufactured equipment furnished under the
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 and as specified herein
after. Nameplates of distributing agents alone will not
be acceptable.
B. Samples
The Contractor shall furnish to the Owner's Representative
for review, when requested or required by the
Specifications, samples of all materials and finishes to
be used in the execution of the Work. Such samples shall
be submitted before the Work is commenced and in ample time
to permit examination thereof. All materials furnished
and finishes applied shall be fully equal to the reviewed
samples found to be acceptable.
C. Loose Parts
All loose parts, spare parts, fasteners, anchor bolts and
other non-attached pieces shall be properly tagged. A loose
parts list shall accompany the equipment to identify loose
parts.
D. Lifting Provisions
Equipment shall be equipped with adequate provisions for
lifting, such as, lifting lugs, threaded holes for
removable eyebolts, holes for sling passage, etc. to
140090.C1805 10/22/18 33 05 50-6
GENERAL PROVISIONS FOR MECHANICAL WORK
facilitate initial placement and future moving. All items
such as, but not limited to, lifting beams, slings and
other devices necessary for handling during placement
and/or removal of the equipment shall be provided by the
Contractor and shall remain the property of the Owner.
E. Anchor Bolts
Anchor bolts, nuts and washers shall be adequate for the
intended use. Each anchor bolt shall be furnished with
all required flat washers, lock washers and nuts. Anchor
bolts shall be furnished by the Contractor as a part of
each piece of equipment.
F. Spare Parts
(As specified in subsequent Sections of these
Specifications.)
G. Guards
All rotating equipment such as but not limited to belt and
chain drives, exposed gearing and shafting and flywheels,
clutches, fan blades, stub shafts, couplings, etc. shall
be completely guarded from all directions. Guards shall
enclose the top, bottom ends, front and back of the drive
assembly to prevent access to the danger zone during
equipment operation. All guards shall be checked for
proper running clearances and adjusted as required.
2.04 RELATED ELECTRICAL FEATURES OF MECHANICAL EQUIPMENT
A. General
Electrical equipment shall conform to NEC, UL, ANSI, and
NEMA Standards. The installed equipment shall conform to
ANSI-C1, "National Electrical Code", considering the
atmospheric and climatic conditions and the elevation at
the project site.
B. Wiring and Conduit
Wiring of the control panels and component parts shall be
in accordance with the applicable requirements of Division
26.
140090.C1805 10/22/18 33 05 50-7
GENERAL PROVISIONS FOR MECHANICAL WORK
PART 3- EXECUTION
3.00 FABRICATION AND WORKMANSHIP
A. General
Like parts and spare parts shall be interchangeable
wherever possible. Surface finish of machined parts shall
be adequate for their functional requirements. Machining
of fits on renewable parts shall be accurate and to
specified dimensions so that replacements made to drawing
sizes may be readily installed. All work shall be done by
workers skilled in their various trades and completed in a
thorough manner following the best modern practices.
During erection the Contractor shall take the necessary
precautions to prevent foreign objects or dirt from
entering piping or equipment. All openings in equipment
shall remain closed and protected during installation until
ready for make-up of pipe connections or matching of
sectionalized equipment. Damaged covers shall be repaired
or replaced immediately to protect the interior of piping
or equipment against weather or other contamination.
B. Electric Welding
1. Minimum Weld Requirements
All welds shall be made continuous. The minimum size
of fillet welds shall be 1/4 inch. All butt welds
shall be full penetration welds welded from both
sides.
2. Preparation of Base Material
Members to be joined by welding shall be cut to shape
and size by mechanical means such as shearing,
machining, grinding, or by gas or arc cutting, to suit
the conditions. Design of welded joints and
selection of weld filler metal shall allow thorough
penetration and good fusion of the weld with the base
metal. The edges of surfaces to be welded shall be
sound metal free of visible defects, such as
lamination or defects caused by cutting operations,
and free from rust, oil, grease, and other foreign
matter.
3. Weld Finish
Welds shall in general be treated so that they will
display good appearance and a surface suitable for
140090.C1805 10/22/18 33 05 50-8
GENERAL PROVISIONS FOR MECHANICAL WORK
painting. Structure welds shall be ground and blended
to avoid stress raisers. All welds which required
nondestructive examinations shall be dressed by
chipping and grinding as required for good
interpretation by the selected weld examination
methods.
4. Welding Qualifications
The qualification of welding procedures, welders, and
welding operators for all welding including weld
repairs, shall conform to the AWS D1.1, "Structural
Welding Code". Contractor shall furnish the
facilities, all equipment, materials and other
articles required to perform qualification tests of
his welders and welding operators. Certificates of
welders' qualifications shall be submitted when
requested.
5. Technique of Welding
The technique of welding, the appearance and quality
of the welds, and the methods used in correcting
defective work shall conform to the AWS D1.1,
"Structural Welding Code". Special care shall be
taken to avoid undercuts along the seams or warping
of the structure. If undercuts appear along the welds,
they shall be filled using a small diameter electrode
of the same composition as the original electrode.
C. Fabrication of Structural Steel
1. If straightening is necessary, it shall be done by
methods that will not injure the metal. Sharp kinks
or bends will be cause for rejection of the material.
Shearing and cutting shall be carefully performed,
and all portions of the Work which will be exposed to
view after completion shall be neatly finished.
2. Design and fabrication of structural parts shall
conform to the applicable provisions of the AISC
"Specification for the Design, Fabrication, and
Erection of Structural Steel for Buildings", of the
AISC "Code of Standard Practice for Steel Buildings
and Bridges".
D. Machine Work
1. General
All tolerances, allowances, and gauges for metal fits
140090.C1805 10/22/18 33 05 50-9
GENERAL PROVISIONS FOR MECHANICAL WORK
between plain (non-threaded) cylindrical parts shall
conform to ANSI-B4.1, "Preferred Limits and Fits for
Cylindrical Parts", for the class of fit as shown or
otherwise required. Sufficient machining stock shall
be allowed on parts to be machined to insure true
surfaces of solid materials. Finished contact or
bearing surfaces shall be true and exact to secure
full contact. Journal and sliding surfaces shall be
polished, and all surfaces shall be finished with
sufficient smoothness and accuracy to insure proper
operation when assembled. All drilled holes for bolts
which are intended to match other drilled holes shall
be accurately located and drilled from templates. No
machining shall be done on working surfaces of
"Lubrite" bushings or washers.
2. Finished Surfaces
All surfaces that are indicated on the Drawings or
those that require machining for their intended
function, or those that are usually machined according
to good workshop practice shall be machined. Surface
finish qualities shall be adequate for the intended
use and shall be indicated on the Contractor's
drawings and shall be in accordance with ANSI-B46.1,
"Surface Texture". Compliance with specified surface
will be determined by sense of feel and by visual
inspection of the Work compared to standard roughness
specimens, in accordance with the provisions of ANSI
B46.1.
3. Unfinished Surfaces
So far as practicable, all Work shall be laid out to
secure proper matching of adjoining unfinished
surfaces. Where there is a large discrepancy between
adjoining unfinished surfaces they shall be chipped
and ground smooth, or machined, to secure proper
alignment. Unfinished surfaces shall be true to the
lines and dimensions shown on the Drawings and shall
be chipped or ground free of all projections and rough
spots. Depressions or holes not affecting the strength
or usefulness of the parts may be filled in an
approved manner. Corrosion resistant steel seal
plates shall have all surfaces thoroughly cleaned and
those in contact with seals shall have a smooth and
even surface.
4. Pins and Pin Holes
Pin holes shall be bored true to gauges, smooth and
140090.C1805 10/22/18 33 05 50-10
GENERAL PROVISIONS FOR MECHANICAL WORK
straight, and at right angles to the axis of the
member. The boring shall be done after the member is
securely fastened in position.
5. Protection of Machined Surfaces
a. Machine-finished surfaces shall be thoroughly
cleaned of foreign matter. Finished surfaces of
large parts and other delicate surfaces shall be
protected with wooden pads or other suitable
means. Unassembled pins and bolts shall be oiled
and wrapped with moisture resistant paper or
protected by other means in keeping with good
engineering practice.
b. Finished surfaces of ferrous metals to be in
bolted contact shall be washed with a rust
inhibitor and given one thin coat of Tung oil.
E. Lubrication
Solvents shall not be used on "Lubrite" bearings. Before
assembly all bearing surfaces, journals, and grease and
oil grooves shall be carefully cleaned and lubricated with
an approved oil or grease. After assembly each lubricating
system shall be flushed and filled with an approved
lubricant in accordance with the equipment manufacturer's
written recommendations. "Lubrite" bearings shall not be
greased and shall be assembled dry according to the
manufacturer’s instructions.
3.01 FACTORY TEST AND INSPECTION
A. Test of Materials. All materials or parts used in the
equipment shall be tested, unless otherwise directed, in
conformity with applicable methods prescribed by the ASTM,
or such other organization as may be specifically required,
and in general accordance with the best commercial methods.
When requested, tests shall be made in the presence of the
Owner's Representative. Stocked material may be used,
provided evidence is furnished to the Owner's
Representative to show that such material meets the
requirements specified herein, in which case tests on
stocked materials may be waived.
B. Test Certificates. Certified material test reports shall
be furnished in triplicate to the Owner's Representative
as soon as possible after the tests are made. The test
certificate shall identify the component for which the
material is to be used and shall contain all information
necessary to verify compliance with the Specifications.
140090.C1805 10/22/18 33 05 50-11
GENERAL PROVISIONS FOR MECHANICAL WORK
C. Shop Assembly and Tests. The shop assemblies and tests
specified for the various items of equipment shall be
conducted. The completed shop inspection forms shall be
signed by the Contractor or his representative. Copies of
all shop inspection records shall be furnished to the
Owner's Representative. No equipment shall be shipped from
the manufacturer's shops until it has been inspected. Prior
to the major shop assemblies and tests the Contractor shall
submit an outline of the procedures and test he plans to
demonstrate fulfillment of the requirements specified.
Where witnessing of shop testing is required by these
Contract Documents, the Contractor shall give sufficient
notification to the Owner=s Representative (as specified)
so that such factory testing may be witnessed. Costs which
may be incurred by the Owner=s Representative directly
related to witnessing of shop tests (such as travel and
lodging) will be the responsibility of the Owner. All
other costs related to shop testing shall be considered
incidental to the items of Work to which they pertain and
shall be included in the lump sum price of the specified
equipment.
3.02 INSTALLATION AND TESTING
A. Receiving, Handling and Storage. The Contractor shall be
responsible for the receiving, handling and storing of all
materials and equipment required for the Work.
Installation and maintenance instructions shall accompany
all equipment delivered to site. All materials and
equipment shall be stored to protect them from the weather
and injury prior to installation. Damaged materials and
equipment shall not be installed.
B. Installation. The equipment shall be installed as shown
on the Drawings and in accordance with the manufacturer's
instructions and recommended best practices. All
equipment shall be installed in a neat, accurate and
workmanlike manner. Equipment shall be set level, true to
line, at correct elevation and in proper orientation as
shown on the Drawings. Equipment set on concrete
foundations shall be properly grouted (with non-shrink
grout) in such a manner to eliminate any voids which may
be present under the base. Where shims are used and where
shims are not removed after the grout sets, care shall be
taken to totally cover any exposed surface areas which may
result in a void. All necessary shims, grout, anchor
bolts, and other items required for installation shall be
furnished by the Contractor. In addition, certain anchor
bolts when supplied by equipment suppliers shall be
installed by the Contractor. The Contractor shall inspect
all materials and equipment delivered to the site to assure
140090.C1805 10/22/18 33 05 50-12
GENERAL PROVISIONS FOR MECHANICAL WORK
compliance with the associated reviewed shop drawings. If
the Contractor discovers any defect in material or
equipment, he shall notify the Owner's Representative
immediately. Any Work performed by the Contractor after
such discovery, until authorized in writing by the Owner's
Representative, will be done at the Contractor's risk and
the cost of correcting such work shall be borne by the
Contractor. In addition, any material or equipment
installed by the Contractor prior to the completion of the
Owner's Representative's review, will be done at the
Contractor's risk and the cost of correcting such work
shall be borne by the Contractor. Where trenching,
excavation, backfilling and/or concreting is required for
the equipment installation the Contractor shall perform
such activities in accordance with the applicable
requirements of IDOT Standard Specifications.
C. Adjustments/Alignment/Leveling. The Contractor shall
perform all adjustment, fitting, cleaning and calibration
of components to be incorporated into the Work to assure
correct operation and workmanlike installation. As minimum
requirements the Contractor shall provide/comply with the
following:
1. Mild carbon steel leveling plates or smooth-troweled
surfaces shall be provided at all anchor bolts in
concrete bases as required for leveling.
2. All equipment, unless furnished with leveling screws
or otherwise specified, shall be leveled with
stainless steel shims at each anchor bolt, shim on
both sides of each bolt, and at intermediate points
as required to prevent distortion of the equipment.
Shims shall have square cut edges, not trimmed or
sheared, and shall be of varying thickness to minimize
the number of shims required.
3. Rotating mechanical equipment shall be set, leveled,
aligned, and inspected with precision tools such as
steel straight edge, dial indicator, graduated
levels, transit, etc. The alignment shall be
accomplished prior to making-up any piping flange
connections. After units have been aligned, the
piping flange bolts shall be tightened. Sufficient
alignment checks shall be made to verify that there
is no load or strain on the installed equipment and
that the drive shaft and the driven shaft are within
the manufacturer's specified tolerances for
alignment.
140090.C1805 10/22/18 33 05 50-13
GENERAL PROVISIONS FOR MECHANICAL WORK
4. Electric motors shall be checked for correct direction
of rotation prior to connection to driven equipment.
D. Field Testing. All necessary piping, pipe closures,
gates, meters, valves, and other test equipment required
for testing shall be furnished by the Contractor. All
items of equipment shall be operated, adjusted and tested
for proper performance in accordance with the
manufacturer’s recommended test procedure, and as
otherwise specified herein. Before final grouting of
equipment is done, after alignment is completed, and before
any final performance tests are made, the Contractor shall
notify the Owner's Representative so that such alignment
may be inspected and tests may be witnessed by the Owner's
Representative.
The Contractor shall then test, operate and calibrate as
necessary to demonstrate proper performance of the
equipment in the presence of the Owner's Representative.
Should it become necessary for any items of equipment to
be retested, the Contractor shall perform all necessary
Work, including removal, repair or replacing,
reinstallation and retesting of the defective equipment.
The Contractor will not be reimbursed for the cost of such
Work associated with the retesting of defective equipment,
if the defect was due to the Contractor's negligence or
lack of workmanship.
E. Maintenance and Operation of Equipment and Materials. All
equipment and appurtenances installed shall be provided
with proper oil and lubricants by the Contractor before
being placed in operation. All permanent equipment
furnished under these Specifications shall be properly
maintained and operated by the Contractor until the Work
is accepted by the Owner.
F. Field Check-Out and Start-Up Procedure. The Contractor
shall complete all new Work to the maximum extent possible
before making actual tie-in and final connection to
existing systems. Tie-ins requiring cutting and patching
shall be performed in accordance with applicable
requirements, best recommended procedures and as specified
herein. No tie-in shall be made until authorized by the
Owner. The Contractor shall advise the Owner in sufficient
time (minimum 24 hours) to arrange for proper coordination
with Existing Systems and scheduled cut-ins and tie-ins.
3.03 PAINTING
A. All equipment shall be shop-primed and painted in
accordance with Section 09900 and/or as specified in
140090.C1805 10/22/18 33 05 50-14
GENERAL PROVISIONS FOR MECHANICAL WORK
subsequent Sections of these Specifications. All equipment
shall be field-painted in accordance with Section 09900
and/or as specified in subsequent Sections of these
Specifications.
B. The Contractor shall be responsible for coordination of
the compatibility between the manufacturer's standard
finish and field-paint specified.
PART 4- MEASUREMENT AND PAYMENT
Separate measurement or payment will not be made for 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.
END OF SECTION
140090.C1805 10/22/18 33 05 50-15
APPENDIX 1
PREVAILING WAGE ORDINANCE
[TO BE SUPPLIED BY OWNER]
VILLAGE OF LINCOLNWOOD
RESOLUTION NO. R2018- 2048
A RESOLUTION DETERMINING THE PREVAILING RATE OF WAGES
IN THE VILLAGE OF LINCOLNWOOD
WHEREAS, the State of Illinois has enacted the " Prevailing Wage Act," 820 ILCS
130/ 0. 01 et seq. (" Act"); and
WHEREAS, the Act requires that the Village investigate and ascertain the prevailing rate
of wages as defined in the Act for laborers, mechanics, and other workers in the locality of Cook
County employed in performing construction of public works for the Village; and
WHEREAS, the Village President and Board of Trustees have determined that it will
serve and be in the best interest of the Village to adopt this Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LINCOLNWOOD, COOK COUNTY, ILLINOIS, as
follows:
SECTION 1. RECITALS. The facts and statements contained in the preamble to this
Resolution are found to be true and correct and are hereby adopted as part of this Resolution.
SECTION 2. ASCERTAINMENT AND APPLICATION OF PREVAILING WAGES.
To the extent and as required by the Act, the general prevailing rate of wages in Cook County for
laborers, mechanics, and other workers engaged in construction of public works coming under
the jurisdiction of the Village is hereby ascertained to be the same as the prevailing rate of wages
for construction work in the Cook County area as determined by the Department of Labor of the
State of Illinois as of September 2017, a copy of that determination being attached hereto and
incorporated herein by reference as Exhibit A. As required by the Act, any and all revisions of
the prevailing rate of wages by the Department of Labor of the State of Illinois will supersede the
Department' s September 2017 determination and apply to any and all public works construction
undertaken by the Village.
SECTION 3. CONTRACTORS' RESPONSIBILITY. Each contractor or subcontractor
engaged in construction of public works for the Village to which the general prevailing rate of
hourly wages are required by the Act to be paid must submit to the Village a certified payroll on
a monthly basis, in accordance with Section 5 of the Act. The certified payroll must consist of a
complete copy of those records required to be made and kept by the Act. The certified payroll
must be accompanied by a statement signed by the contractor or subcontractor that certifies that:
A) such records are true and B) the hourly rate paid is not less than the general
accurate; (
prevailing rate of hourly wages required by the 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.
A general contractor may rely on the certification of a lower tier subcontractor, provided that the
general contractor does not
knowingly rely upon a subcontractor' s false certification. Upon
seven business days' notice, the contractor and each subcontractor must make available for
inspection the records required to be made and kept by the Act: (i) to the Village and its officers
and agents, and to the Director of the Illinois Department of Labor and his or her deputies and
agents, and all other federal, State, or local law enforcement agencies and prosecutors; and ( ii) at
all reasonable hours at a location within the State.
SECTION 4. DEFINITIONS; APPLICABILITY. The definition of any term appearing
in this Resolution that also is used in the Act is the same as in the Act. Nothing in this
Resolution is to be construed to apply to the general prevailing rate of wages for Cook County,
as ascertained pursuant to this Resolution, to any work or employment except public works
construction of the Village conducted in Cook County to the extent required by the Act.
SECTION 5. POSTING AND INSPECTION. The Village Clerk is directed to publicly
post or keep available for inspection by any interested party in the main office of the Village this
determination or any revisions to the prevailing rate of wages for Cook County. A copy of this
determination or of any revised determination of prevailing rate of wages for Cook County then
in effect will be attached to all public works construction contract specifications.
SECTION 6. FILING. The Village Clerk is hereby directed to promptly file a certified
copy of this Resolution with both the Secretary of State Index Division of the State of Illinois
and the Department of Labor of the State of Illinois.
SECTION 7. PUBLICATION. The Village Clerk is hereby directed to cause a copy of
this Resolution to be published in a newspaper of general circulation within the area within 30
days after its filing with the Secretary of State Index Division of the State of Illinois and the
Department of Labor of the State of Illinois, which publication will constitute notice that this
determination is effective and is the determination of the Village.
SECTION 8. MAILING UPON REQUEST. The Village Clerk is hereby directed to
mail a copy of this determination to any employer, and to any association of employers, and to
any person or association of employees who have filed their names and addresses, requesting
copies of any determination stating the particular rates and the particular class of workers whose
wages will be affected by such rates.
SECTION 9. EFFECTIVE DATE. This Resolution will be in full force and effect from
and after its passage and approval as provided by law.
SIGNATURE PAGE FOLLOWS]
1St
PASSED this day of May, 2018.
AYES: Trustees Patel, Cope, Ikezoe- Halevi, Hlepas Nickell, Spino, Sugarman
NAYS: None
ABSENT: None
ABSTENTION: None
s'
APPROVED by me this 1 day of May, 2018.
X
Barry Bass, Pre ' nt
eg
Village of Linc 1 ood, Cook County, Illinois
ATTESTED and FILED in my office this
1St
day of May, 2018
r
Brf 1 Herman, Village Clerk
Village of Lincolnwood, Cook County, Illinois
VILLAGE OF LINCOLNWOOD
ORDINANCE NO. 2019-_______
AN ORDINANCE WAIVING COMPETITIVE BIDDING AND
AUTHORIZING AN AGREEMENT WITH
CHRISTOPHER B. BURKE ENGINEERING, LTD., OF ROSEMONT, ILLINOIS,
FOR CONSTRUCTION OVERSIGHT SERVICES FOR THE
STANDPIPE REHABILITATION PROJECT
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LINCOLNWOOD
THIS ____ DAY OF __________, 2019.
Published in pamphlet form
by the authority of the
President and Board of Trustees
of the Village of Lincolnwood,
Cook County, Illinois this
day of , 2019
_________________________
Village Clerk
VILLAGE OF LINCOLNWOOD
ORDINANCE NO. 2019- _____________
AN ORDINANCE WAIVING COMPETITIVE BIDDING AND
AUTHORIZING AN AGREEMENT WITH
CHRISTOPHER B. BURKE ENGINEERING, LTD., OF ROSEMONT, ILLINOIS,
FOR CONSTRUCTION OVERSIGHT SERVICES FOR THE
STANDPIPE REHABILITATION PROJECT
WHEREAS, the Village of Lincolnwood is a home rule municipal corporation in
accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and
WHEREAS, the Village is the record title owner of that certain property commonly
known as 7015-17 North Central Park Avenue, which property is improved with a 1.5-million-
gallon water standpipe (“Standpipe”); and
WHEREAS, the Village has identified the need to rehabilitate the Standpipe, including
repainting the interior and exterior of the standpipe and installing new safety features, as part of
its regular maintenance and upkeep (“Standpipe Rehabilitation Project”); and
WHEREAS, the Village now desires to retain a civil engineering consultant to provide
construction oversight services for the Standpipe Rehabilitation Project (“Services”); and
WHEREAS, Christopher B. Burke Engineering, Ltd., of Rosemont, Illinois (“CBBEL”),
has submitted alternate proposals to the Village to provide the Services; and
WHEREAS, CBBEL currently serves as Village Engineer, and, as a result, has unique
knowledge of the design and condition of the Village’s water distribution system; and
WHEREAS, the Village President and Board of Trustees have determined that CBBEL is
uniquely qualified to complete the Services in an efficient and cost-effective manner, and that it
is appropriate and in the best interests of the Village for CBBEL to perform the Services; and
WHEREAS, the Village desires to enter into an agreement with CBBEL for the
completion of the Services, in an amount not to exceed $37,400.00 (“Agreement”); and
WHEREAS, in order to enter into the Agreement, the President and Board of Trustees
have determined that it is appropriate to waive competitive bidding for the Agreement and the
completion of the Services by CBBEL, pursuant to Section 8-8-13 of the Municipal Code of
Lincolnwood, as amended ("Village Code"); and
WHEREAS, the President and Board of Trustees has determined that it will serve and be
in the best interests of the Village to enter into the Agreement for the completion of the Services;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LINCOLNWOOD, COOK COUNTY, ILLINOIS, as
follows:
SECTION 1. RECITALS. The facts and statements contained in the preamble to this
Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance.
SECTION 2. WAIVER OF COMPETITIVE BIDDING. The advertising and bidding
requirements for the Agreement, and for the completion of the Services by CBBEL, are hereby
waived in accordance with Section 8-8-13 of the Village Code and the home rule powers of the
Village.
SECTION 3. APPROVAL OF AGREEMENT. The Agreement by and between the
Village and CBBEL is hereby approved in an amount not to exceed $37,400.00, in substantially
the form attached to this Resolution as Exhibit A.
SECTION 4. EXECUTION OF AGREEMENT. The Village Manager and the Village
Clerk are hereby authorized and directed to execute and attest, on behalf of the Village, the
Agreement upon receipt by the Village Clerk of at least one original copy of the Agreement
executed by CBBEL; provided, however, that if the executed copy of the Agreement is not
received by the Village Clerk within 60 days after the effective date of this Resolution, then this
authority to execute and attest will, at the option of the President and Board of Trustees, be null
and void.
SECTION 5. SEVERABILITY. If any provision of this Ordinance or part thereof is
held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance are
to remain in full force and effect, and are to be interpreted, applied, and enforced so as to
achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent
permitted by applicable law.
SECTION 6. EFFECTIVE DATE. This Ordinance will be in full force and effect from
and after its passage, by a vote of two-thirds of the Board of Trustees, and approval and
publication in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
-2-
#62713200_v1
PASSED this ___ day of January, 2019.
AYES:
NAYS:
ABSENT:
ABSTENTION:
APPROVED by me this ___ day of January, 2019.
__________________________________
Barry I. Bass, President
Village of Lincolnwood, Cook County, Illinois
ATTESTED and FILED in my office this
_____ day of January, 2019
Beryl Herman, Village Clerk
Village of Lincolnwood, Cook County, Illinois
-3-
#62713200_v1
EXHIBIT A
AGREEMENT
VILLAGE OF LINCOLNWOOD EXHIBIT A
CONSTRUCTION OBSERVATION FOR THE 1,500,000 GALLON STANDPIPE REHABILITATION PROJECT
WORK EFFORT AND FEE STRUCTURE
Engineer Engineering
Classification VI IV I/II Technician IV NTEC Total Hours Total Cost
Rate ($/hr) $184.00 $121.00 $91.00 $115.00
Construction Observation for the 1.5 Million Gallon Standpipe
Rehabilitation Project
Task 1 - Contract Administration 6 4 4 $ 2,048.00
Task 2 - Shop Drawing Review / Construction Observation Services 10 15 72 88 $15,000.00 $ 35,327.00
Subtotals 16 19 72 92 199
Percentage of Hours 8.0% 9.5% 36.2% 46.2% 100.0%
Total Personnel Cost $2,944.00 $2,299.00 $6,552.00 $10,580.00 Total Cost = $ 37,375.00
N:\PROPOSALS\ADMIN\2018\Lincolnwood Construction Ob of 1.5 MMG Standpipe Rehab-Fee Structure.122018.xlsx
Request For Board Action
REFERRED TO BOARD: January 15, 2019 AGENDA ITEM NO: 3.
ORIGINATING DEPARTMENT: Community Development
SUBJECT: Approval of a Resolution Approving an Economic Incentive Agreement By and Between the
Village and Loeber Motors, for the Property at 7101 and 7125 North Lincoln Avenue (Appears on
Consent Agenda Because it was Approved at a Previous Village Board Meeting)
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
Loeber Motors, owner of the Mercedes/Porsche/Smart Car franchises located on a 7.93 acre campus between
Lincoln Avenue and Touhy Avenue, and contract purchaser of an existing vacant industrial warehouse at 7125
North Lincoln Avenue, has applied for economic incentives from the Village. Loeber Motors proposes to
reconstruct their existing Porsche dealership showroom/service bays and expand the dealership through the addition
of the existing vacant two-story building at 7125 N. Lincoln Avenue, which would be utilized for storage and
detailing of automobiles. This reconstruction and expansion would allow the Porsche dealership to increase their
allocation of vehicles for sale by 80-100 annually, thereby increasing automobile sales tax revenues in the Village. In
addition, this investment would strengthen the roots of the Loeber Motors Porsche dealership in the Village.
Separately, Loeber Motors will be pursuing Zoning approvals for this expansion through the Plan Commission and
Village Board. The property is currently located in a Planned Unit Development, which is proposed to be expanded
to include the new property at 7125 N. Lincoln Avenue and amended to reflect the other site improvements. It is
anticipated the zoning approval process will get under way in early 2019.
EDC Recommendation
At their December 19, 2018 meeting, the EDC recommended approval of a proposed structure for an extension to the
existing economic incentive agreement with Loeber Motors, by a vote of 8-0, with the following stipulations:
1. Provision of a “claw-back” or “go-dark” clause, triggered in the event the dealership closes before the Agreement
term concludes, that allows the Village to retrieve sales tax revenues shared with the dealership, on a sliding
scale;
2. Open access permitted to the Village for Loeber’s internal sales tax data (“open book” access), with the Village’s
agreement to utilize such information only for the purposes of confirming the stipulations of this agreement;
3. Village has the right to audit (not more than Quarterly, unless a material breach has occurred) the books and
records of the Porsche dealership;
4. The fifteen-year extension period will begin at the end of the existing agreement, assuming a Certificate of
Occupancy has been issued for the use of all approved improvements on 7101 and 7125 North Lincoln Avenue;
5. Loeber shall be responsible for meeting the provisions of an EDC policy, if adopted by the Village Board,
requiring the provision of certain amenities in keeping with the principles of Corporate Social responsibility; and
6. Consent to a Cook County Class 7C Tax Abatement request for 7125 North Lincoln Avenue.
January 2 Village Board Meeting
The proposed economic incentive request, and EDC recommendation, were presented at the January 2, 2019 Village
Board meeting. The Village Board subsequently voted 6-0 to authorize the Village Attorney to draft the attached
Agreement and accompanying Resolution, per the recommendation of the EDC.
FINANCIAL IMPACT:
None
DOCUMENTS ATTACHED:
1. Attach #1 Draft Resolution
2. Attach #2 Draft Economic Incentive Agreement
RECOMMENDED MOTION:
Approval of a Resolution Approving an Economic Incentive Agreement by and between the Village and Loeber
Motors for the property at 7101 and 7125 North Lincoln Avenue.
VILLAGE OF LINCOLNWOOD
RESOLUTION NO. R2019-__________
A RESOLUTION APPROVING AN ECONOMIC INCENTIVE AGREEMENT BY
AND BETWEEN THE VILLAGE AND LOEBER MOTORS, INC.
(7101-7125 North Lincoln Avenue and 4255 West Touhy Avenue)
WHEREAS, the Village of Lincolnwood is a home rule municipal corporation in
accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and
WHEREAS, on November 12, 2004, the Village and Loeber Motors, Inc. (“Loeber”)
entered into an economic incentive agreement to enhance the long-term viability of the Village’s
tax base and strengthen the competitive advantage of conducting business within the Village; and
WHEREAS, the Village and Loeber now desire to enter into an amended and restated
economic incentive agreement to extend the term and scope of the economic incentive provided
pursuant to the original agreement ("Agreement"); and
WHEREAS, the President and Board of Trustees have determined that entering into the
Agreement with Loeber will serve and be in the best interest of the Village;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LINCOLNWOOD, COOK COUNTY, ILLINOIS, as
follows:
SECTION 1. RECITALS. The facts and statements contained in the preamble to this
Resolution are found to be true and correct and are hereby adopted as part of this Resolution.
SECTION 2. APPROVAL OF AGREEMENT. The Agreement by and between the
Village and Loeber is hereby approved in substantially the form attached to this Resolution as
Exhibit A, and in a final form to be approved by the Village Manager and the Village Attorney.
SECTION 3. EXECUTION OF AGREEMENT. The Village President and the Village
Clerk are authorized and directed to execute and seal, on behalf of the Village, the Agreement,
only after receipt by the Village Clerk of at least two original copies of the Agreement executed
by Loeber; provided, however, that if the executed copies of the Agreement are not received by
the Village Clerk within 30 days after the effective date of this Resolution, then this authority to
execute and attest will, at the option of the President and Board of Trustees, be null and void.
SECTION 4. EFFECTIVE DATE. This Resolution will be in full force and effect from
and after its passage and approval as provided by law.
[SIGNATURE PAGE FOLLOWS]
1
PASSED this ___ day of January, 2019.
AYES: ______
NAYS:
ABSENT:
ABSTENTION:
APPROVED by me this _____ day of January, 2019.
_______________________________________
Barry I. Bass, President
Village of Lincolnwood, Cook County, Illinois
ATTESTED and FILED in my office this
_____ day of _________, 2019
Beryl Herman, Village Clerk
Village of Lincolnwood, Cook County, Illinois
#62729167_v1
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EXHIBIT A
AGREEMENT
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Revised – January 10, 2019 (pm version)
This Document Prepared by
and after Recording Return To:
Hart M. Passman, Esq.
Holland & Knight LLP
131 South Dearborn, 30th Floor
Chicago, IL 60603
312.263.3600
This Space for Recorder’s Use Only
AMENDED AND RESTATED ECONOMIC INCENTIVE AGREEMENT
BY AND BETWEEN
THE VILLAGE OF LINCOLNWOOD AND LOEBER MOTORS, INC.
DATED AS OF ______________, 2019
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AMENDED AND RESTATED ECONOMIC INCENTIVE AGREEMENT
BY AND BETWEEN
THE VILLAGE OF LINCOLNWOOD AND LOEBER MOTORS, INC.
THIS AMENDED AND RESTATED ECONOMIC INCENTIVE AGREEMENT
(“Agreement”) is made and entered into as of this _____ day of ____________, 2019
(“Effective Date”), by and between the VILLAGE OF LINCOLNWOOD, an Illinois home
rule municipal corporation (“Village”), and LOEBER MOTORS, INC., an Illinois
corporation (“Owner”), and joined in by LOEBER CLARK STREET LIMITED
PARTNERSHIP, an Illinois limited partnership (“Clark Street”), solely for the purposes
hereinafter described. The Village and Owner are sometimes individually referred to in
this Agreement as a “Party” and collectively as the “Parties”.
IN CONSIDERATION OF the recitals and mutual covenants and agreements set
forth herein, the receipt and sufficiency of which are hereby acknowledged, the Village and
Owner hereby agree as follows:
SECTION 1. RECITALS.
A. On November 12, 2004, the Village and Owner entered into an Economic
Incentive Agreement (the “Original Incentive Agreement”) in furtherance of Owner’s
construction of a new Porsche automobile showroom (the “Existing Porsche Showroom”)
on the properties situated in the Village of Lincolnwood then commonly known as 7101 and
7111 North Lincoln Avenue (collectively, the “Existing Porsche Properties”). The
Existing Porsche Properties, which are approximately 2.90 acres in size in the aggregate,
are legally described in Exhibit A to this Agreement.
B. Clark Street is the fee owner of the Existing Porsche Properties. Members of
the Loeber family, or entities they own and control, own both the capital stock in Owner
and the limited partnership interests in Clark Street.
C. Pursuant to the provisions of the Original Incentive Agreement, Owner
proceeded to construct the Existing Porsche Showroom on the Existing Porsche Properties
and sell Porsche automobiles to the public, and the Village proceeded to make sales tax
reimbursement payments (“Reimbursement Payments”) to Owner based on the amount of
general state sales tax (“Municipal Sales Tax”) Owner generated each month during the
180-month period (i.e., 15-year term) following the opening of the Existing Porsche
Showroom for business to the public (the “Existing Reimbursement Period”). Such
provisions are collectively referred to in this Agreement as the “Existing Porsche
Reimbursement Provisions”.
D. The Existing Reimbursement Period began on November 1, 2006, and will
end on October 31, 2021.
E. The Original Incentive Agreement also included provisions which
incentivized Owner to bring a third automobile dealership to the Lincolnwood properties
Clark Street owns on Touhy Avenue and Lincoln Avenue. Pursuant to and in reliance upon
those provisions, Owner purchased and established a SMART car automobile dealership
(the “SMART Car Dealership”) at 4255 West Touhy Avenue (the “SMART Car
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Property”) and it began selling SMART cars to the public and receiving Reimbursement
Payments from the Village based on the amount of Municipal Sales Tax Owner generated
each month during the Reimbursement Period from the sale of SMART cars. Those
provisions are collectively referred to in this Agreement as the “Existing SMART Car
Reimbursement Provisions”.
F. The Original Incentive Agreement contemplated and provided for a
maximum reimbursement of Municipal Sales Tax to Owner of $5,000,000 (the “Maximum
Incentive Amount”). However, as of the Effective Date of this Agreement, Owner has only
received Reimbursement Payments totaling approximately $1,000,000.
G. Owner desires to maintain and expand its Porsche dealership (the “Porsche
Dealership”) in the Village of Lincolnwood and to obtain a supplemental allocation of new
Porsche automobiles (a “Supplemental Allocation”) from Porsche Cars North America
(“PCNA”) so that it can increase the number of Porsche automobiles it sells to the public.
H. To obtain a Supplemental Allocation, PCNA is requiring that Owner
construct a new Porsche showroom on the Existing Porsche Properties (“New Porsche
Showroom”), substantially renovate some of the existing improvements on the Existing
Porsche Properties, and undertake other actions that will make it possible for Owner to sell
and service a greater number of both new and pre-driven Porsche automobiles on the
Existing Porsche Properties and on the adjacent parcel described below, all in accordance
and compliance with PCNA’s current corporate identity standards for North American
Porsche dealerships.
I. To satisfy PCNA’s requirements and in consideration of the Village’s
covenants in this Agreement: (i) Clark Street has acquired the parcel at 7125 North Lincoln
Avenue which is adjacent to the Existing Porsche Properties, approximately one-half acre
in size and legally described in Exhibit B to this Agreement (the “Adjacent Lincoln
Avenue Parcel”); and (ii) Owner has caused to be prepared a set of redevelopment plans
(collectively, “Owner’s Redevelopment Plans”), which, if approved by the Village and
implemented by Owner, will make it possible for Owner to satisfy PCNA’s requirements as
set forth above by facilitating: (a) the construction of the New Porsche Showroom on the
Existing Porsche Properties; and (b) the improvement of the vacant building which
presently exists on the Adjacent Lincoln Avenue Parcel. The Existing Porsche Properties
and the Adjacent Lincoln Avenue Parcel are sometimes collectively referred to in this
Agreement the “Properties”.
J. Owner’s costs of constructing the improvements depicted on Owner’s
Redevelopment Plans, together with related and ancillary costs of redevelopment, will
include approximately $2,000,000 in extraordinary costs that Owner seeks to recover by
increasing the Maximum Incentive Amount to $7,000,000 (“Increased Maximum
Incentive Amount”), and by extending the Existing Reimbursement Period by 15 years
(i.e., until October 31, 2036) (the “Extended Reimbursement Period”).
K. In recognition of the importance of a successful business environment to the
Village’s tax base, the Village desires to enhance the long-term viability of the Village’s tax
base and strengthen business within the Village by providing assistance and incentives to
owners of local businesses for the improvement of their businesses.
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L. The Parties desire to enter into this Agreement to foster the long-term use
and development of the Properties and to enable the use of the Properties in a manner that
will enhance the business environment and image of the Village.
SECTION 2. DEFINITIONS. Whenever used in this Agreement, the following
terms have the following meanings unless a different meaning is required by the context.
A. “Adjacent Lincoln Avenue Parcel” means the parcel of real property legally
described in Exhibit B to this Agreement.
B. “Commencement Date of the Extended Reimbursement Period” means
November 1, 2021, provided the New Porsche Showroom Occupancy Certificate is issued by
the Village as contemplated by Section 3.A of this Agreement.
C. “Corporate Authorities” means the President and Village Board of the Village
of Lincolnwood.
D. “Existing Porsche Properties” means the parcels of real property legally
described in Exhibit A to this Agreement.
E. “Force Majeure” means a strike, lockout, act of God, or other factor beyond a
party’s reasonable control and reasonable ability to remedy; provided, however, that Force
Majeure does not include (i) delays caused by weather conditions, unless those conditions
are unusually severe or abnormal considering the time of year and the particular location of
the subject property; and (ii) economic hardship, impracticability of performance, or
commercial, economic, or market conditions.
F. “Gross Receipts” has the meaning ascribed to it in the Retailers’ Occupation
Tax Act.
G. “Municipal Sales Tax” means that portion or component of the Sales Taxes
generated by Owner from sales on any portion of any of the Properties or the SMART Car
Property that the Village actually receives from the State of Illinois.
H. “New Porsche Showroom Occupancy Certificate” means the certificate of
occupancy for the New Porsche Showroom described in Section 3.A below.
I. “Porsche Dealership” means the automobile dealership franchise Owner owns
and operates on the Existing Porsche Properties which is engaged in the sale of new and
pre-driven Porsche automobiles and related parts and services.
J. “Properties” means the Existing Porsche Properties and the Adjacent Lincoln
Avenue Parcel, collectively.
K. “Retailers’ Occupation Tax Act” means the Illinois Retailers’ Occupation Tax
Act, 35 ILCS 120/1 et seq., as the same has been, and may, from time to time hereafter be,
amended.
L. “Sales Taxes” means only those taxes imposed and collected by the State of
Illinois pursuant to the Retailer’s Occupation Tax Act, the Service Use Tax Act,
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35 ILCS 110/1 et seq., the Service Occupation Tax Act, 35 ILCS 115/1 et seq., and the Use
Tax Act, 35 ILCS 105/1 et seq., including, without limitation, a vehicle lease tax that is
substituted, in whole or in part, for any or all of the foregoing. Sales Taxes specifically, but
without limitation, do not include any home rule retailers’ occupation tax or retailers’
service occupation tax imposed from time-to-time by the Village.
M. “Sales Tax Rebate” means the rebate payment to Owner of a portion of the
Municipal Sales Taxes that the Village receives and that it is required to make pursuant to
this Agreement.
N. “Sales Tax Year” means the 12-month period of time ending on
October 31, 2019, and each of the 17 succeeding 12-month periods thereafter.
O. “SMART Car Dealership” means the automobile dealership franchise Owner
owns and operates on property Clark Street owns on Touhy Avenue which is engaged in the
sale of new and pre-driven SMART cars and related parts and services.
SECTION 3. COMMENCEMENT DATE OF EXTENDED
REIMBURSEMENT PERIOD; OTHER APPROVALS.
A. Commencement Date of the Extended Reimbursement Period. The
“Commencement Date of the Extended Reimbursement Period” is hereby declared to be
November 1, 2021, provided that prior to that date the Village has issued a certificate of
occupancy for the New Porsche Showroom (“New Porsche Showroom Occupancy
Certificate”). If Owner fails to obtain the New Porsche Showroom Occupancy Certificate
by May 1, 2020, or by such later date as the Corporate Authorities may approve by
resolution duly adopted, the Village may elect to terminate this Agreement by giving Owner
notice of its election to exercise such right. Any such termination, however, shall not affect
the continuing validity and effectiveness of the Original Incentive Agreement.
B. Zoning Approvals Required. Owner acknowledges that: (1) pursuant to
the applicable provisions of the “Village of Lincolnwood Zoning Ordinance,” as amended,
Owner cannot proceed with the construction of the improvements depicted on Owner’s
Redevelopment Plans until the Corporate Authorities approve an amendment to Village
Ordinance No. Z2007-344, which ordinance granted Owner a special use for planned unit
development so that it could, among other things, operate the Porsche Dealership on the
Existing Porsche Properties, which approves Owner’s Redevelopment Plans; (2) neither the
execution of this Agreement, nor any provision of this Agreement, is to be deemed or
interpreted as requiring the Corporate Authorities to approve such amendment or Owner’s
Redevelopment Plans or to grant any other zoning relief required for the implementation of
Owner’s Redevelopment Plans; and (3) the granting or denial of such approvals and other
relief will be in the sole and absolute discretion of the Corporate Authorities.
C. Class 7C Property Tax Classification Consent. The Village agrees to
adopt a resolution supporting and consenting to the approval by the County of Cook of a
Class 7c property tax classification for the Adjacent Lincoln Avenue Parcel. The Village
may condition such resolution on the ongoing use of the Adjacent Lincoln Avenue Parcel for
purposes of displaying, servicing and selling new and/or pre-driven Porsche automobiles on
the Adjacent Lincoln Avenue Parcel. If the Village does not adopt such resolution on or
before February 28, 2019, Owner may elect to terminate this Agreement by giving notice of
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such election to the Village. Any such termination, however, shall not affect the continuing
validity and effectiveness of the Original Incentive Agreement.
SECTION 4. SALES TAX REBATES.
A. Existing Porsche Reimbursement Provisions and Existing SMART
Car Reimbursement Provisions. The Existing Porsche Reimbursement Provisions and
the Existing SMART Car Reimbursement Provisions shall remain in force and be given
effect by the Parties until the Commencement Date of the Extended Reimbursement
Period. If the Village terminates this Agreement pursuant to Section 3.A, Owner’s right to
receive Porsche Dealership Reimbursement Payments and SMART Car Dealership
Reimbursement Payments from the Village shall end, subject to the terms of the Original
Incentive Agreement, upon expiration of the Existing Reimbursement Period
(i.e., October 31, 2021).
B. Maximum Incentive Amount. The Maximum Incentive Amount shall
automatically increase to the Increased Maximum Incentive Amount without further
action by the Parties upon, and only upon, the Village’s issuance of the New Porsche
Showroom Occupancy Certificate. In no event shall the total amount of Municipal Sales
Tax Reimbursement Payments to Owner under the Original Incentive Agreement exceed
$5,000,000, and in no event shall the total amount of Municipal Sales Tax Reimbursement
Payments to Owner under the Original Incentive Agreement and this Agreement in the
aggregate exceed the Increased Maximum Incentive Amount (i.e., 7,000,000).
C. Calculation of Sales Tax Rebate. Until the Commencement Date of the
Extended Reimbursement Period, the Village shall make Municipal Sales Tax
Reimbursement Payments to Owner pursuant to the Existing Porsche Reimbursement
Provisions and the Existing SMART Car Reimbursement Provisions. From and after the
Commencement Date of the Extended Reimbursement Period and continuing until
expiration of the Term of this Agreement (as hereinafter defined), the Village will pay
Owner 50 percent of the Municipal Sales Tax revenue generated by operation of the
Porsche Dealership and the SMART Car Dealership during each Sales Tax Year.
D. Village Payment. Within 120 days after the end of each Sales Tax Year, the
Village will pay the applicable Sales Tax Rebate for that particular Sales Tax Year to
Owner, based on the records of the Illinois Department of Revenue. If, for any reason, the
State of Illinois fails to distribute the Municipal Sales Tax revenue to the Village in
sufficient time for the Village to make the annual payments, the Village will provide notice
of that fact to Owner. In that event, the Village must make the required Sales Tax Rebate
payment within 60 days after the date on which the Village actually receives the
Municipal Sales Tax revenue due the Village for the applicable annual payment period. To
the extent necessary, as determined by the Village, the Parties agree that the Village may
require Owner to submit such specified financial statements and copies of the applicable
State of Illinois Sales Tax Reports as are necessary to verify the amount of Sales Tax
generated by Owner at the Properties. Owner will sign a release authorizing the State of
Illinois to issue the reports to the Village.
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E. Change in the Law.
1. The Village and Owner acknowledge and agree that the Village’s
obligation to pay the Sales Tax Rebate to Owner is predicated on existing State law
governing the distribution of Sales Taxes to the Village, including, without limitation, the
Retailers’ Occupation Tax Act. The Village and Owner further acknowledge that the
General Assembly of the State has, from time to time, considered proposals to modify or
eliminate the distribution of Sales Taxes to Illinois municipalities. The Village and Owner
make express provision for the effect of any change upon the operation of this Agreement in
Section 4.D.2 of this Agreement.
2. In the event the State of Illinois amends or repeals the Retailers’
Occupation Tax Act or makes any other promulgation, enactment, or change in law
(“Change in Law”) that eliminates the distribution of Sales Taxes to the Village, or
otherwise alters the distribution formula in a manner that prevents the Village and Owner
from determining with a reasonable degree of certainty the precise amount of the Municipal
Sales Tax, the provisions of this Agreement with regard to Municipal Sales Tax generated
from the Properties on or after the effective date of the Change in Law will automatically
terminate and become null and void and be of no further force or effect, and the Village will
have no obligation whatsoever to pay to Owner any of the Municipal Sales Tax generated at
the Properties on or after the effective date of the Change in Law. However, if a Change in
Law results in replacement taxes for the Sales Taxes directly resulting from Gross Receipts
of Owner as contemplated pursuant to this Agreement, then, for purposes of this
Agreement, the replacement taxes will be defined as Sales Taxes, subject in all respects to
the Village’s actual receipt of its portion of the replacement taxes as well as the Village’s
authority under state law to provide for rebate of the replacement taxes, as contemplated in
this Agreement.
F. No Guarantee. The Parties acknowledge and agree that none of the terms,
conditions, or provisions of this Agreement are to be construed, deemed, or interpreted as
either: (1) a guarantee that the Village will receive any Sales Taxes as a result of Owner’s
operation of the Porsche Dealership and the SMART Car Dealership on, respectively, the
Properties and the Touhy Avenue property owned by Clark Street; or (2) a requirement or
obligation by Owner to own and operate such dealerships on, or generate Gross Receipts
from, the Properties.
G. Limited Liability. Notwithstanding any other provision of this Agreement
to the contrary, the Village’s obligation to pay the Sales Tax Rebate payments is not and
will not be a general debt of the Village or a charge against its general credit or taxing
powers, but is and will be a special limited obligation payable solely out of the Municipal
Sales Tax received by the Village, as specifically defined in Section 2 of this Agreement.
Owner has and will have no right to, and agrees that it may not, compel any exercise of the
taxing power of the Village to pay the Sales Tax Rebate payments, and no execution of any
claim, demand, cause of action or judgment may be levied upon or collected from the
general credit, general funds or other property of the Village. No recourse may be had for
any payment pursuant to this Agreement against any past, present, or future director,
member, elected or appointed officer, official, agent, representative, employee, or attorney
of the Village in his or her individual capacity.
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H. Village Audit Right. The Village shall have the right to audit and copy the
books and records of the Porsche Dealership and the SMART Car Dealership to the extent
necessary to confirm Owner’s compliance with the terms of this Agreement. The Village
shall not exercise its audit rights hereunder on more than a quarterly basis unless the
Village determines that Owner has materially breached its reporting obligations
hereunder (including, without limitation, its obligations under Section 9 below) in which
event the audit right may be exercised by the Village on a more frequent basis. The
Village shall not audit or copy the books and records of the Porsche Dealership or the
SMART Car Dealership reflecting transactions that are more than three years prior to the
date of the most recently made Reimbursement Payment or the Reimbursement Payment
the Village anticipates making in the coming calendar year. If a Village audit determines
that the amount of a given Reimbursement Payment was greater than it should have been
based on the provisions of either the Original Incentive Agreement or this Agreement,
then the amount of such excess payment shall be deducted from the amount of the
next-succeeding Reimbursement Payment If such determination is made after the last
Reimbursement Payment has been made to Owner pursuant to the terms of this
Agreement, Owner shall promptly return such excess payment to the Village on demand
and any such amount that is not paid by Owner to the Village within 30 days of such
demand shall bear interest thereafter and until paid at a rate of 10 percent per annum.
The Village shall have the right to withhold making the last Reimbursement Payment it is
required to pay to Owner under this Agreement until it has undertaken a final audit of
Owner’s applicable books and records provided, however, that the Village must exercise
such right not later than 60 days following the end of the Existing Reimbursement Period
or the Extended Reimbursement Period, as applicable. The Village’s right to audit and
copy the books and records of the Porsche Dealership and the SMART Car Dealership
shall terminate after such period of time.
I. Closure; Refund of Rebate.
1. If, at any time during the Term of this Agreement, Owner abandons or
closes its Porsche Dealership or ceases to use the Existing Porsche Properties for its
Porsche Dealership (“Closure”), then the provisions of this Agreement with regard to
Municipal Sales Tax generated from the Properties will, as of the date of the Closure,
automatically terminate and become null and void and be of no further force or effect, and
the Village will have no obligation whatsoever to perform any of the Municipal Sales Tax
Rebate obligations in Section 4 of this Agreement. If the Closure occurs after the
Commencement Date of the Extended Reimbursement Period, Owner must refund to the
Village a portion of the Sales Tax Rebate generated from the Properties and paid to Owner
prior to the date of the Closure, as follows:
i. If the Closure occurs within the first five Sales Tax Years of the
Extended Reimbursement Period, Owner must refund 75% of the Sales Tax Rebate
generated from the Properties and paid to Owner after the Commencement Date of the
Extended Reimbursement Period;
ii. If the Closure occurs within the sixth through tenth Sales Tax
Years of the Extended Reimbursement Period, Owner must refund 50% of the Sales Tax
Rebate generated from the Properties and paid to Owner after the Commencement Date of
the Extended Reimbursement Period; and
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iii. If the Closure occurs after the first ten Sales Tax Years of the
Extended Reimbursement Period, Owner must refund 25% of the Sales Tax Rebate
generated from the Properties and paid to Owner after the Commencement Date of the
Extended Reimbursement Period.
2. Owner must provide the Village with no less than 60 days’ notice prior
to any Closure.
3. The Village acknowledges and agrees that Owner’s replacement of its
Porsche Dealership with another new automobile dealership for a different manufacturer,
or the transfer of legal or beneficial interest in all or any part of the Porsche Dealership in
accordance with Section 13 of this Agreement, will not constitute a Closure for purposes of
this Section 4.I.
SECTION 5. ADDITIONAL OWNER COMMITMENTS.
A. Rebranding of Porsche Dealership. On or before Owner completes the
construction of all improvements depicted on Owner’s Redevelopment Plans, Owner shall
rebrand its Porsche Dealership and thereafter market the dealership to the public as
“Porsche Lincolnwood” or with such similar name as PCNA may dictate.
B. Installation of Charging Station for Electric-Powered Automobiles.
Not later than 12 months after Owner completes the construction of all improvements
depicted on Owner’s Redevelopment Plans, Owner, at its expense and for the benefit of the
general public, will install a charging station for electric-powered automobiles at a location
in the Village that is designated by the Village’s Community Development Director,
provided, however, that Owner shall not be required to purchase and install such charging
station unless: (1) Owner is able to obtain all necessary permits, approvals, consents,
authorizations, easements and licenses needed to undertake such installation (including,
without limitation, all permits, approvals, consents, authorizations, easements and licenses
needed to be obtained from the Village and all other governmental entities; from
Commonwealth Edison and all other public or quasi-public utility companies; and from all
necessary property owners); and (2) the cost to purchase and install such charging station
does not exceed $7,000. After Owner completes the installation of the charging station and
it is placed into service, Owner shall convey the charging station to the Village as a public
improvement and thereafter the Village shall own and maintain it. All costs of using the
charging station shall be borne by either the Village or the individual members of the
general public who elect to use it to charge their electric-powered automobiles. The Village
shall have the right to request that Owner construct or install an amenity for the public’s
benefit that is other than the charging station herein described provided, however, that
such construction or installation shall be subject to the same conditions and limitations as
are set forth in sub-paragraphs (1) and (2) of this Section 5.B.
SECTION 6. FORCE MAJEURE.
Whenever a period of time is provided for in this Agreement for either Owner or the
Village to perform any act or obligation, and Owner or the Village, as the case may be, is
unable to perform or complete the act or obligation because of a Force Majeure, then upon
the occurrence of the Force Majeure, the time period for the performance and completion of
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the acts or obligations will be extended automatically for a reasonable time to accommodate
the delay caused by the Force Majeure.
SECTION 7. LITIGATION AND DEFENSE OF AGREEMENT.
A. Litigation. If, during the term of this Agreement, any lawsuits or
proceedings are filed or initiated against either Party before any court, commission, board,
bureau, agency, unit of government or sub-unit thereof, arbitrator, or other
instrumentality, that may materially affect or inhibit the ability of either Party to perform
its obligations under, or otherwise to comply with, this Agreement (“Litigation”), the
Party against which the Litigation is filed or initiated must promptly deliver a copy of the
complaint or charge to the other Party and must thereafter keep the other Party fully
informed concerning all aspects of the Litigation.
B. Defense. The Village and Owner will use their respective best efforts to
defend the validity of this Agreement, and all ordinances and resolutions adopted and
agreements executed pursuant to this Agreement, including every portion thereof and every
approval given, and every action taken, pursuant thereto. Each Party has the right to
retain its own independent legal counsel, at its own expense, for any matter. The Village
and Owner agree to reasonably cooperate with each other to carry out the purpose and
intent of this Agreement.
SECTION 8. TERM.
This Agreement will be in full force and effect from and after the Effective Date and
through the first to occur of: (a) the date that is 15 years after the Commencement Date of
the Extended Reimbursement Period; and (b) the date on which or until Owner has
received $7,000,000 in cumulative Sales Tax Rebate payments from the Village pursuant to
the terms of the Original Incentive Agreement and this Agreement (“Term”); provided,
however, that the Village’s obligation to make Sales Tax Rebate payments to Owner shall
survive the expiration of the Term to the extent the Village has not at that time received
from the State the Municipal Sales Taxes from which the Sales Tax Rebate payments will
or were to be made.
SECTION 9. RELEASE OF INFORMATION; CONFIDENTIALITY.
A. Release of Sales Tax Information. Owner agrees to execute and provide
all documentation necessary to cause the Illinois Department of Revenue to release to the
Village the Sales Tax generated by Owner from the Properties, including copies of State of
Illinois Sales Tax Reports, during each of the Sales Tax Years pursuant to applicable State
law.
B. Confidentiality. The Village agrees to utilize sales tax information
obtained by it pursuant to the terms of this Agreement solely for the purpose of effectuating
the provisions of this Agreement. To the extent permitted by the Illinois Freedom of
Information Act (“FOIA”) and other relevant laws, the Village will endeavor to keep such
information confidential. The Village shall give Owner prompt notice of any request that is
made under FOIA to disclose such information and of any suit that is filed under FOIA
seeking the disclosure of such information. If any such suit is filed, the Village will use
good faith efforts to vigorously defend the same provided, however, that Owner will
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reimburse the Village for all costs and fees the Village incurs in undertaking such defense.
Nothing contained herein shall preclude the Village from disclosing such information to the
extent it is mandated to do so by law or court order.
SECTION 10. PAYMENT OF SUMS DUE VILLAGE.
A. General Requirements. In addition to any other costs, payments, fees,
charges, contributions, or sums required by this Agreement, Owner will pay to the Village,
as and when due, all application, inspection, and permit fees, and all other fees, charges,
and contributions required by applicable Village codes, ordinances, resolutions, rules, or
regulations.
B. Village Lien Rights. If any money due from Owner to the Village pursuant
to this Agreement is not paid to the Village by Owner, within 30 days after a demand for
the payment, then that money, together with interest and costs of collection, including legal
fees and administrative expenses, will become a lien upon the Properties, and will be a debt
of, and an obligation owed by, Owner to the Village, and the Village will have the right to
collect that amount, with interest and costs, including legal fees and administrative
expenses, by deducting that amount, interest, costs, fees, and expenses from any Sales Tax
Rebate payment otherwise required under this Agreement. The Village will also have the
right to enforce the lien in the same manner as in statutory mortgage foreclosure
proceedings. The lien will be subordinate to any first mortgage now or hereafter placed
upon any of the Properties; provided, however, that the subordination will apply only to
charges that have become due and payable prior to a sale or transfer of the Properties
pursuant to a decree of foreclosure or any other proceeding in lieu of foreclosure. The sale
or transfer will not relieve the Properties from liability for any charges thereafter becoming
due, nor from the lien of any subsequent charge. Clark Street is joining in the execution of
this Agreement for the sole and limited purpose of confirming its consent to the grant of the
Village lien rights herein described, its consent to the Village’s recording of this Agreement
pursuant to Section 15.S below, and its acknowledgement that the provisions of this
Section 10 run with the land and bind successor owners and grantees of the Properties.
SECTION 11. LIABILITY AND INDEMNITY OF VILLAGE.
A. No Liability for Village Review. Owner acknowledges and agrees that:
(i) the Village is not, and will not be, in any way liable for any violations of restrictive
covenants applicable to the Properties that may occur, or for any damages or injuries that
may be sustained, as the result of the Village’s review and approval of any plans for the
Properties, or as a result of the issuance of any approvals, permits, certificates, or
acceptances relating to the use and development of the Properties; and (2) the Village’s
review and approval of any of the plans and the issuance of any of the approvals, permits,
certificates, or acceptances does not, and will not, in any way, be deemed to insure the
Owner, or any of its heirs, successors, assigns, tenants, or licensees, or any third party,
against restrictive covenant violations or damage or injury of any kind at any time.
B. Village Procedures. Owner acknowledges that notices, meetings, and
hearings have been properly given and held by the Village with respect to the approval of
this Agreement, and agrees not to challenge any of those actions on the grounds of any
procedural infirmity or of any denial of any procedural right.
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C. Indemnity. Owner agrees to, and does hereby, hold harmless and indemnify
the Village, the Corporate Authorities, all Village elected and appointed officials, officers,
employees, agents, representatives, and attorneys, from any and all third-party claims that
may, at any time, be asserted against any of those parties in connection with (i) the
Village’s review and approval of any plans, or the issuance of any approvals, permits,
certificates, or acceptances relating to the use and development of the Properties; (ii) any
actions taken by the Village pursuant to this Agreement; (iii) the development,
construction, and maintenance of the Properties; and (iv) the performance by the Owner of
its obligations under this Agreement and all related ordinances, resolutions, or other
agreements.
D. Defense Expenses. Owner will, and does hereby agree to, pay, without
protest, all expenses incurred by the Village in defending itself with regard to any and all of
the claims identified in Section 11.C of this Agreement. These expenses may include,
without limitation: (1) all out-of-pocket expenses, including attorneys’ and experts’ fees, not
to exceed their usual and customary fee rates to the Village; and (2) the reasonable value of
any services rendered by any employees of the Village, not to exceed their actual salaries.
SECTION 12. ENFORCEMENT.
A. Enforcement. The Parties may, in law or in equity, by suit, action,
mandamus, or any other proceeding, including without limitation specific performance
(including, without limitation, payment by the Village to Owner of payments due to Owner
under this Agreement), enforce or compel the performance of this Agreement; provided,
however, that Owner agrees that it will not seek, and does not have the right to seek, to
recover a judgment for monetary damages against the Village or any past, present or future
elected or appointed officer, official, agent, representative, employee or attorney of the
Village on account of the negotiation, execution, or breach of this Agreement. In addition to
every other remedy permitted by law for the enforcement of the terms of this Agreement,
the Village will be entitled to withhold the issuance of building permits or certificates of
occupancy for any and all buildings and structures within either of the Properties at any
time Owner has failed or refused to meet fully any of its obligations under this Agreement.
In the event of a judicial proceeding brought by one Party against the other Party pursuant
to this Section, the prevailing Party will be entitled to reimbursement from the
unsuccessful Party of all costs and expenses, including without limitation reasonable
attorneys’ fees, incurred in connection with the judicial proceeding.
B. Notice and Cure. Neither Party may exercise the right to bring any suit,
action, mandamus, or any other proceeding pursuant to Section 12.A of this Agreement, or
to commence enforcement of a lien pursuant to Section 10.B of this Agreement, without
first providing written notice to the other Party of the breach or alleged breach and
allowing 15 days to cure the breach or alleged breach. If the breach cannot be cured within
the 15-day period (“Time for Cure”), then the Time for Cure will be extended accordingly,
provided that the notified Party has promptly commenced to cure the breach within the
Time for Cure and continued to prosecute the cure of the breach with diligence.
SECTION 13. NATURE, SURVIVAL, AND TRANSFER OF OBLIGATIONS.
A. Obligations. The Parties agree that all charges payable pursuant to this
Agreement, together with interest and costs of collection, including attorneys’ fees,
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constitutes both the personal obligation of the Party liable for its payment, and the
successors of that Party.
B. Successors and Assigns. Owner shall not assign this Agreement or any of
its rights or obligations under this Agreement, other than to a Permitted Loeber Transferee
(as hereinafter defined). A “Permitted Loeber Transferee” shall mean a wholly-owned
subsidiary of Owner, a parent corporation of Owner, a limited liability company, general or
limited partnership or corporation that is owned and controlled by one or more Loeber
family members, or an entity that succeeds to Owner’s rights and obligations hereunder by
operation of law (for example, by merger or through the sale of substantially all of Owner’s
assets) provided such entity is owned and controlled by one or more Loeber family members
or an entity that is owned and controlled by one or more Loeber family members. If Owner
assigns this Agreement or its rights and obligations hereunder to a Permitted Loeber
Transferee, Owner shall give notice of such fact to the Village, but Owner’s failure to give
such notice shall not negate the effectiveness of such assignment or constitute a default
under this Agreement.
C. Transferee Assumption. To assure that any potential successor owner of
either the Porsche Dealership or the SMART Car Dealership who is not a Permitted Loeber
Transferee has notice of this Agreement and the obligations created by it, Owner agrees to
require, prior to the transfer of a legal or beneficial interest in all or any portion of the
Porsche Dealership or the SMART Car Dealership to such successor owner, the transferee
to execute an enforceable transferee assumption agreement in a form acceptable to the
Village Attorney (“Transferee Assumption Agreement”). The Village agrees that, upon a
successor becoming bound to the personal obligations created in this Agreement in the
manner provided, the personal liability of Owner or other predecessor obligor will be
released to the extent of the transferee’s assumption of liability. Owner agrees to notify the
Village in writing at least 30 days prior to the date on which Owner proposes to transfer a
legal or beneficial interest in all or any portion of the Porsche Dealership or the SMART
Car Dealership to a transferee who is other than a Permitted Loeber Transferee. Owner
must, at the same time, provide the Village with a fully-executed copy of the Transferee
Assumption Agreement.
D. Transfer Defined. For purposes of Paragraph C above, the term “transfer”
includes any assignment, transfer, sale, transfer to a receiver or to a trustee in bankruptcy,
transfer in trust, or other disposition of the Porsche Dealership or the SMART Car
Dealership, whether by way of merger, sale of assets, consolidation or otherwise.
E. Prohibited Assignments. It is the express intent of the Parties that,
except as expressly provided or allowed herein, this Agreement, and all of the rights and
privileges granted herein, are for the sole and exclusive benefit of Owner for operation of
the Porsche Dealership on the Properties and or SMART Car Dealership on the SMART
Car Property. Accordingly, notwithstanding any provision of this Agreement, in the event
Owner does, or attempts to, voluntarily or involuntarily transfer its interest in the Porsche
Dealership or the SMART Car Dealership, in whole or in part, to a transferee who is other
than a Permitted Loeber Transferee without the prior consent of the Corporate Authorities,
which consent may be granted or denied in the sole and absolute discretion of the Corporate
Authorities, this Agreement, and all of the rights and privileges granted herein, will, at the
option of the Village, become null and void and of no further force or effect.
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SECTION 14. REPRESENTATIONS AND WARRANTIES.
In order to induce the Village to enter into this Agreement and to grant the rights
herein provided for, Owner hereby warrants and represents to the Village as follows:
A. Owner is a duly organized, validly existing corporation in good standing
under the laws of the State of Illinois.
B. Owner has the authority and the legal right to make, deliver, execute, and
perform this Agreement and has taken all necessary corporate actions to authorize the
execution, delivery, and performance of this Agreement.
C. All consents of any board of directors, shareholders, creditors, investors,
partners, judicial, or administrative bodies, governmental authorities, or other parties
necessary for the execution and delivery of this Agreement have been obtained.
D. No consent or authorization of, filing with, or other act by or in respect of any
governmental authority (other than the Village, and the State of Illinois with respect to
distribution of Sales Taxes) is required in connection with the execution, delivery,
performance, validity, or enforceability of this Agreement.
E. The individuals executing this Agreement on behalf of Owner have the power
and authority to execute and deliver this Agreement on behalf of Owner.
F. No mortgages or other security instruments have been recorded against the
Properties and there will be no mortgages or other security instruments recorded against
the Properties on the date of the recording of this Agreement pursuant to the provisions of
Section 15.S below.
G. The execution, delivery, and performance of this Agreement: (i) is not
prohibited by any requirement of law or under any contractual obligation of Owner;
(ii) will not result in a breach or default under any agreement to which Owner is a party or
to which Owner, in whole or in part, is bound; and (iii) will not violate any restriction,
court order, or agreement to which Owner or either of the Properties, in whole or in part, is
or are subject.
SECTION 15. GENERAL PROVISIONS.
A. Entire Agreement. Subject to the provisions of Sections 3.A, 3.C, 4.A and
4.I above, this Agreement constitutes the entire agreement between the Parties,
superseding any and all prior agreements (including, without limitation, the Original
Incentive Agreement) and negotiations between the Parties, whether written or oral,
relating to the subject matter of this Agreement.
B. Amendments and Modifications. No amendment or modification to this
Agreement will be effective until it is reduced to writing and approved and executed by both
Parties in accordance with all applicable statutory procedures.
C. Notices. Any notice, communication, or demand required or permitted to be
given under this Agreement must be in writing and must be delivered: (i) personally, (ii) by
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a reputable overnight courier, or (iii) by certified mail, return receipt requested, and
deposited in the U.S. Mail, postage prepaid. Unless otherwise provided in this Agreement,
notices will be deemed received after the first to occur of: (a) the date of actual receipt; or (b)
the date that is one business day after deposit with an overnight courier as evidenced by a
receipt of deposit; or (b) the date that is three business days after deposit in the U.S. mail,
as evidenced by a return receipt. By notice complying with the requirements of this
Section, each Party has the right to change the address or the addressee, or both, for all
future notices and communications to them, but no notice of a change of addressee or
address will be effective until actually received.
Notices and communications to the Village must be addressed to, and delivered at,
the following address:
Village of Lincolnwood
Village Hall
6900 North Lincoln Avenue
Lincolnwood, Illinois 60712
Attention: Village Manager
With a copy to:
Holland & Knight LLP
131 S. Dearborn, 30th Floor
Chicago, Illinois 60603
Attention: Hart M. Passman
Notices and communications to the Owner must be addressed to, and delivered at,
the following address:
Loeber Motors, Inc.
7101 North Lincoln Avenue
Lincolnwood, Illinois 60172
Attention: Michael Loeber, President
With a copy to: Meltzer, Purtill & Stelle, LLC
1515 E. Woodfield Road, Suite 250
Schaumburg, Illinois 60173
Attention: Harold W. Francke
D. Governing Law. This Agreement is to be governed by, and enforced in
accordance with, the internal laws, but not the conflict of laws rules, of the State of Illinois.
E. Interpretation. This Agreement is to be construed without regard to the
identity of the Party who drafted the various provisions of this Agreement. Moreover, each
and every provision of this Agreement is to be construed as though both Parties
participated equally in the drafting of this Agreement. As a result of the foregoing, any
rule or construction that a document is to be construed against the drafting party is not
applicable to this Agreement.
F. Change in Laws. Except as otherwise explicitly provided in this
Agreement, any reference to laws, ordinances, rules, or regulations of any kind includes the
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laws, ordinances, rules, or regulations of any kind as they may be amended or modified
from time to time hereafter.
G. Headings. The headings, titles, and captions in this Agreement have been
inserted only for convenience and in no way define, limit, extend, or describe the scope or
intent of this Agreement.
H. Time of Essence. Time is of the essence in the performance of this
Agreement.
I. No Third Party Beneficiaries. Except as expressly provided in this
Agreement, no claim as a third party beneficiary under this Agreement by any person, firm,
or corporation may be made or will be valid against the Village.
J. Severability. If any term, covenant, condition, or provision of this
Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable,
the remainder of the provisions will remain in full force and effect and will in no way be
affected, impaired, or invalidated.
K. Calendar Days and Time. Unless otherwise provided in this Agreement,
any reference in this Agreement to “day” or “days” means calendar days and not business
days. If the date for giving of any notice required to be given, or the performance of any
obligation, under this Agreement falls on a Saturday, Sunday, or federal holiday, then the
notice or obligation may be given or performed on the next business day after that
Saturday, Sunday, or federal holiday.
L. Exhibits. All exhibits attached to this Agreement are incorporated in, and
by this reference made a part of, this Agreement. In the event of a conflict between an
exhibit and the text of this Agreement, the text of this Agreement will control.
M. Counterparts. This Agreement may be executed in several counterparts,
each of which, when executed, is to be deemed to be an original, but all of which together
constitute one and the same instrument.
N. Waiver. Neither the Village nor Owner are or will be under any obligation to
exercise any of the rights granted to them in this Agreement except as it determines to be
in its best interest from time to time. The failure of the Village or Owner to exercise at any
time any of those rights is not to be deemed or construed as a waiver of that right, nor will
the failure void or affect the Village’s or Owner’s right, as the case may be, to enforce those
rights or any other rights.
O. Rights Cumulative. Unless expressly provided to the contrary in this
Agreement, each and every one of the rights, remedies, and benefits provided by this
Agreement are cumulative and are not exclusive of any other rights, remedies, and benefits
allowed by law.
P. Consents. Unless otherwise provided in this Agreement, whenever the
consent, permission, authorization, approval, acknowledgement, or similar indication of
assent of either Party, or of any duly authorized officer, employee, agent, or representative
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of either Party, is required in this Agreement, the consent, permission, authorization,
approval, acknowledgement, or similar indication of assent must be in writing.
Q. Grammatical Usage and Construction. In construing this Agreement,
pronouns include all genders and the plural includes the singular and vice versa.
R. Village Authority to Execute. The Village hereby warrants and
represents to Owner that the persons executing this Agreement on its behalf have been
properly authorized to do so by the Corporate Authorities.
S. Recording. After the execution of this Agreement by the Parties and the
execution of the Joinder to this Agreement by Clark Street, the Village will promptly cause
this Agreement to be recorded against title to the Properties in the office of the Cook
County Recorder of Deeds in order to give record and public notice of the Village lien rights
described in Section 10.B above.
[EXECUTION PAGES FOLLOW]
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
by their duly authorized representatives as of the dates set forth below their respective
signatures, to be effective as of the Effective Date.
VILLAGE OF LINCOLNWOOD
By:
Village President
ATTEST
By:
Village Clerk
Date:
LOEBER MOTORS, INC.
By:
Michael Loeber, President
Date:
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JOINDER
LOEBER CLARK STREET LIMITED PARTNERSHIP, an Illinois limited
partnership, hereby joins in the execution of this Agreement solely for purposes of
confirming the partnership’s consent to the grant to the Village of the lien rights described
in Section 10.B of this Agreement, its consent to the Village’s recording of this Agreement
pursuant to Section 15.S of this Agreement, and its acknowledgement that the provisions of
Section 10 of this Agreement run with the land and bind successor owners and grantees of
the Properties. The undersigned represents and warrants that he has full right and
authority to execute this Joinder and deliver it to the Village.
LOEBER CLARK STREET LIMITED PARTNERSHIP
By:
Name: George Loeber, one of its Managing General Partners
Date:
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ACKNOWLEDGEMENTS
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, ____________________________, a Notary Public in and for said County, in the
State aforesaid, do hereby certify Barry I. Bass, the Village President of the VILLAGE OF
LINCOLNWOOD, an Illinois home rule municipal corporation, and by Beryl Herman, the
Village Clerk of said municipal corporation, appeared before me this day in person and
acknowledged that as such Village President and Village Clerk, they signed and delivered
said instrument as their free and voluntary act and as the free and voluntary act of the
VILLAGE OF LINCOLNWOOD for the uses and purposes therein set forth.
Given under my hand and notarial seal this _____ day of _______________, 2019.
________________________________
Notary Public
My Commission Expires:
(SEAL)
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, ____________________________, a Notary Public in and for said County, in the
State aforesaid, do hereby certify that Michael Loeber, personally known to me to be the
President of LOEBER MOTORS, INC., an Illinois corporation, appeared before me this
day in person and acknowledged that as such President, he signed and delivered said
instrument as his free and voluntary act and as the free and voluntary act of LOEBER
MOTORS, INC., for the uses and purposes therein set forth.
Given under my hand and notarial seal this _____ day of _______________, 2019.
________________________________
Notary Public
My Commission Expires:
(SEAL)
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STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, ____________________________, a Notary Public in and for said County, in the
State aforesaid, do hereby certify that George Loeber, personally known to me to be a
Managing General Partner of LOEBER CLARK STREET LIMITED PARTNERSHIP,
an Illinois limited partnership, appeared before me this day in person and acknowledged
that, as such Managing General Partner, he signed and delivered the Joinder attached to
the above Agreement as his free and voluntary act and as the free and voluntary act of said
partnership, for the purposes set forth in said Joinder.
Given under my hand and notarial seal this _____ day of _______________, 2019.
________________________________
Notary Public
My Commission Expires:
(SEAL)
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EXHIBIT A
Legal Description of Existing Porsche Properties
(INSERT LEGAL DESCRIPTION)
P.I.N.’s:
10-34-200-006-0000
10-34-200-011-0000
10-34-200-018-0000
10-34-200-019-0000
commonly known as 7101 North Lincoln Avenue, Lincolnwood, Illinois.
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EXHIBIT B
Legal Description of Adjacent Lincoln Avenue Parcel
(INSERT LEGAL DESCRIPTION)
P.I.N.: 10-34-200-017-0000
commonly known as 7125 North Lincoln Avenue, Lincolnwood, Illinois
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