Cleaning Bid

1 | P a g e BID PROPOSAL AND SPECIFICATIONS Wilmette Park District 2024 Seal Coating Projects OUT TO BID: January 30, 2024 BID OPENING: February 9, 2024 8:00 am COMPLETION DATE: October 1, 2024 Seal coating  Gillson Beach House Parking Lot  Howard Park Parking Lot and Service Drive  Keay Nature Center Parking Lot Owner: Wilmette Park District 3555 Lake Ave Wilmette, IL 60091 847-256-9639 2 | P a g e TABLE OF CONTENTS INVITATION TO BID................................................................................................3 INSTRUCTIONS TO BIDDERS.................................................................................4 SPECIFICATIONS...................................................................................................13 REFERENCES........................................................................................................18 SUB-CONTRACTORS..........................................................................................19 PAYMENT

APPLICATION FORM..........................................................................20 PREVAILING WAGE STATEMENT.........................................................................21 SUBSTANCE ABUSE STATEMENT........................................................................22 PROJECT WORKSHEET...........................................................................................23 BID FORM PART l...............................................................................................24 BID FORM AFFIDAVIT PART ll..............................................................................25 BID FORM PART lll................................................................................................27 CONTRACT.............................................................................................................28 3 | P a g e INVITATION TO BID 2024 PAVING PROJECTS WILMETTE PARK DISTRICT The Wilmette Park District is seeking sealed bids for the 2024 Seal Coating Projects in Wilmette, Illinois. The scope of work includes seal coating and striping three parking lots and one service drive, as shown and described within the plans and specifications. Work may begin on, or after, April 1, 2024 at all sites. Work will conclude by October 1, 2024. Contractors bidding on the projects must have a minimum of 5 years of experience in paving projects. Bids are due at or before 8:00am, Friday, February 9, 2024 via mail or drop-off, at which time they will be publicly opened and read aloud. They must be dropped off at or mailed to 3000 Glenview Rd, Wilmette, IL 60091. All bids must be submitted on the proposal forms included in the bid documents and accompanied by a copy, a certified bank draft, or a bond from an accredited surety company – payable to: Wilmette Park District for an amount equal to 10% of the bid submitted. All contracts for work herein are subject to the provisions of all Wilmette Park District regulations, and providing for the payment of Cook County’s prevailing rate of wages to all related laborers, workers, and mechanics involved in the project. All bids will remain firm for 90 days after the bid opening. The Wilmette Park District reserves the right to accept or reject any or all bid proposals, in whole or in part, which in its judgment, will be in the best interest of the public or to waive any informalities in bidding. Only bid proposals in compliance with the provisions of the Contract Documents will be considered. No bids shall be withdrawn after the opening of the bids for a period of ninety (90) days after the bid date opening. The Wilmette Park District encourages small and minority businesses and women’s business firms to submit bids on the approved project and successful contract bidders to utilize small and minority businesses and women’s businesses as sub-contractors for supplies, equipment, services, and construction. 4 | P a g e INSTRUCTIONS TO BIDDERS TERMS AND CONDITIONS 1. BID OPENING. Sealed Bids must be received as indicated on cover sheet. Bids received after this time will not be accepted or opened. The bidder is solely responsible for delivery of its bid. Bids will be opened publicly immediately after the specified closing time. All interested parties are welcome to attend the bid opening. 2. SPECIAL ACCOMMODATION MEETING. These meetings will be accessible to individuals in compliance with Executive Order #5 (1979) and pertinent state and federal laws upon notification of anticipated attendance. For questions about accessibility or to request special accommodations, please contact Kristi Solberg, Wilmette Park District, 3555 Lake Ave, Wilmette, IL 60134, call voice: (847) 256-9639 or e-mail ksolberg@wilpark.org at least 24 hours prior to bid due date. 3. BID FORM PREPARATION. All blanks on the Bid Form must be completed by printing in ink or by typewriter. In signing this bid, Bidder certifies this bid is genuine and not made in the interest or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any other advantage over any other Bidder or over Owner. All names must be typed or printed in ink below the signature. Bids by corporations must be executed in the corporate name by the president or a vice-president (or by other corporate officer accompanied by evidence of authority to sign). The corporate address and state of incorporation must be shown below the signature. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. Bids shall be submitted using the enclosed Bid Form (including any required exhibits) and the bid security (if required). 4. MODIFICATION/WITHDRAWAL OF BID. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a bid must be executed) and delivered to the place where Bids are to be submitted only prior to the opening of Bids. The Contractor certifies that to the best of its knowledge, no officer or employee has been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, nor has any officer or employee made an admission of guilt of such conduct which is a matter of record. By signing this bid document, the Bidder hereby certifies that they are not barred from bidding on this contract as a result of a violation of Article 33E, Public Contracts of the Illinois Criminal Code of 1961, as amended (IL Revised Statutes Ch.38, Par.33E-1,et seq.). 5. RESERVED RIGHTS. WILMETTE PARK DISTRICT RESERVES THE RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS, IN WHOLE OR IN PART, or to waive any informality or technicality in any bid in the interest of the District. If the District finds reason to disqualify or reject the apparent low Bidder the District reserves the right to award the Contract to the next lowest responsible Bidder, or to rebid the entire Project, or to cancel the Project. All bids will remain subject to acceptance for 90 calendar days after the day of the bid opening, but the District may, in its sole discretion, release any bid and return the bid security prior to that date. The Wilmette Park District will not be liable in any way for any costs incurred by respondents in replying to this bid. 5 | P a g e 6. DISCRETIONARY TERMINATION. The District, at its sole discretion, reserves the right to terminate this Contract or any part hereof at any time the District determines it necessary. Upon notification by the District of such termination, Contractor shall immediately stop all Work hereunder, and shall immediately cause any of its suppliers or subcontractors to cease such Work. Contractor shall be paid a percentage of the contract price reflecting the percentage of the Work performed prior to the notice of termination. For contracts awarded based on unit prices, the Contractor will be paid based on the number of units consumed or incorporated into the work prior to the notice of termination. For other contracts, the Park District shall exercise reasonable discretion to measure the percentage progress of the work completed. Contractor shall not be paid for any Work done after receipt of the notice of termination, nor for any costs incurred by Contractor's suppliers or subcontractors which Contractor could reasonably have avoided. The Wilmette Park District shall be the sole judge as to the acceptability or quality of material bid. 7. TERMINATION FOR CAUSE. The District may also terminate this Contract or any part hereof for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any of the terms and conditions of the Contract. Late deliveries, deliveries of products which are defective or which do not conform to this Contract, and failure to provide the District, upon request, reasonable assurances of future performance, shall be reasons allowing the District to terminate this Contract for cause. In the event of termination for cause, the District shall not be liable to Contractor, for any amount, and Contractor shall be liable to the District for any and all damages, sustained by reason of the default which gave rise to the termination, including, but not limited to, all remedies available under the Illinois Uniform Commercial Code. 8. MODIFICATION OF AWARDED BID. The Contractor and the District agree that no change order or other directive may be issued by the District which requires additional compensable Work to be performed, which Work causes the aggregate amount payable to exceed the amount appropriated for this Contract, unless the Contractor has been given a written assurance by the District that lawful appropriations to cover the costs of the additional Work have been made or unless such Work is covered under a remedy-granting provision in this Contract. The Contractor and the District further agree that regardless of any other provision of this Contract, the Contractor shall not be entitled to any additional compensation, whether by law or equity, unless prior to commencing the additional Work, the Contractor was given a written change order describing the additional compensable Work to be performed, and setting forth the amount of compensation to be paid, which change order was signed by the District's Executive Director. The District shall have the right at any time to make changes in drawings, designs, specifications, materials, packaging, time and place of delivery and method of transportation. If any such changes cause an increase or decrease in the cost, or the time required for the performance, an equitable adjustment may be made and this Contract shall be modified in writing accordingly. Contractor agrees to accept any such changes subject to this paragraph. The Wilmette Park District is exempt from paying Illinois Retailers Occupation Tax and Federal Excise Tax and shall provide its tax-exemption number to the Contractor awarded the contract. 6 | P a g e 9. PAYMENT. Except as otherwise provided herein, this contract shall be subject to the Local Government Prompt Payment Act. Retention of 10% will be held by the District until examination of the site can be conducted. Payment requests shall be submitted no more often than once per month and must be received before the 5th day of the month to be submitted for approval at the subsequent Park Board meeting. 10. PAYMENT APPLICATION. Payment Applications need to be submitted on District approved form (See attached example). 11. BONDS. All bonds that are required of the Contractor or subcontractors must include such provision as will guarantee the faithful adherence to the District prevailing wage clause. 12. PAYMENT/PERFORMANCE BOND. Upon execution of a Contract, the selected Contractor will submit a Payment and Performance Bond in the amount of 100 percent of the total contract price, in accordance with acceptable standards with good and sufficient securities for the performance and payment of material used in such work and for all labor performed in such work, whether by Sub-Contractor or otherwise, issued by a company licensed with and by the State of Illinois. Should the Contractor default on any requirement of the Contract resulting in cancellation by the District, the proceeds from the payment and performance bond will be used by the District as a penalty for non- compliance. Any payment and performance bond submitted shall be deemed to include all statutory language required by the Public Construction Bond Act. 13. Intentionally omitted. 14. WAIVER OF LIEN. Contractor to furnish appropriate Waivers of Lien from all Sub-Contractors, Material men and Others as required as a condition precedent to receipt of any payments forthcoming under a contract payment schedule. Contractor to furnish appropriate certified payrolls as a condition precedent to receipt of any payments forthcoming under a contract payment schedule. 15. CERTIFICATE OF INSURANCE REQUIRED BY WILMETTE PARK DISTRICT. A. Commercial General and Umbrella Liability Insurance Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this project/location. CGL insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 10 93, or a substitute form providing equivalent coverage, and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). Owner shall be included as an insured under the CGL, using ISO additional insured endorsement CG 20 10 or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance afforded to Owner. Any insurance or self-insurance maintained by Owner shall be excess of the 7 | P a g e Contractor’s insurance and shall not contribute with it. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground property damage. B. Continuing Completed Operations Liability Insurance Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each occurrence for at least three years following substantial completion of the work. Continuing CGL insurance shall be written on ISO occurrence form CG 00 01 10 93, or substitute form providing equivalent coverage, and shall, at minimum, cover liability arising from products-completed operations and liability assumed under an insured contract. Continuing CGL insurance shall have a products-completed operations aggregate of at least two times its occurrence limit. Continuing commercial umbrella coverage, if any, shall include liability coverage for damage to the insured’s completed work equivalent to that provided under ISO form CG 00 01. C. Business Auto and Umbrella Liability Insurance Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto including owned, hired and non-owned autos. Business auto insurance shall be written on Insurance Services Office (ISO) form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and later editions of CA 00 01. D. Workers Compensation Insurance Contractor shall maintain worker’s compensation as required by statute and employer’s liability insurance. The commercial umbrella and/or employer’s liability limits shall not be less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. If Owner has not been included as an insured under the CGL using ISO additional insured endorsement CG 20 10 under the Commercial General and Umbrella Liability Insurance required in this Contract, the Contractor waives all rights against Owner and its officers, officials, employees, volunteers and agents for recovery of damages arising out of or incident to the Contractor’s work. E. General Insurance Provisions 1. Evidence of Insurance Prior to beginning work, Contractor shall furnish Owner with a certificate(s) of insurance and applicable policy endorsement(s), executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth above. All certificates shall provide for 30 days’ written notice to Owner prior to the cancellation or material change of any insurance referred to therein. Written notice to Owner shall be by certified mail, return receipt requested. 8 | P a g e Failure of Owner to demand such certificate, endorsement or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. Owner shall have the right, but not the obligation, of prohibiting Contractor or any subcontractor from entering the project site until such certificates or other evidence that insurance has been placed in complete compliance with these requirements is received and approved by Owner. Failure to maintain the required insurance may result in termination of this Contract at Owner’s option. With respect to insurance maintained after final payment in compliance with a requirement above, an additional certificate(s) evidencing such coverage shall be promptly provided to Owner whenever requested. Contractor shall provide certified copies of all insurance policies required upon award of contract. 2. Acceptability of Insurers For insurance companies which obtain a rating from A.M. Best, that rating should be no less than A VII using the most recent edition of the A.M. Best’s Key Rating Guide. If the Best’s rating is less than A VII or a Best’s rating is not obtained, the Owner has the right to reject insurance written by an insurer it deems unacceptable. 3. Cross-Liability Coverage If Contractor’s liability policies do not contain the standard ISO separation of insured’s provision, or a substantially similar clause, they shall be endorsed to provide cross-liability coverage. 4. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to the Owner. At the option of the Owner, the Contractor may be asked to eliminate such deductibles or self-insured retentions as respects the Owner, its officers, officials, employees, volunteers and agents or required to procure a bond guaranteeing payment of losses and other related costs including but not limited to investigations, claim administration and defense expenses. 5. Subcontractors Contractor shall cause each subcontractor employed by Contractor to purchase and maintain insurance of the type specified above. When requested by the Owner, Contractor shall furnish copies of certificates of insurance evidencing coverage for each subcontractor. F. Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Wilmette Park District and their officers, officials, employees, volunteers and agents from and against all claims, damages, losses and expenses including but not limited to legal fees (attorney’s and paralegals’ fees and court costs), arising out of or resulting from the performance of the Contractor’s work, provided that any such claim, damage, loss or expense (i) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, other than the work itself, including the loss of use resulting there from and (ii) is caused in whole or in part by any wrongful or negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of 9 | P a g e indemnity which would otherwise exist as to any party or person described in this Paragraph. Contractor shall similarly protect, indemnify and hold and save harmless the Owner, its officers, officials, employees, volunteers and agents against and from any and all claims, costs, causes, actions and expenses including but not limited to legal fees, incurred by reason of Contractor’s breach of any of its obligations under, or Contractor’s default of, any provision of the Contract, including the loss of use resulting therefrom, or is attributable to misuse or improper use of trademark or copyright protected material or otherwise protected intellectual property, to the extent it is caused in whole or in part by any wrongful or negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Contractor and/or Servicer and/or Seller shall provide to the Wilmette Park District proof of adequate insurance coverage to satisfy the indemnification provisions herein. 16. WARRANTY. Contractor and/or Seller (as case may be) expressly warrants that all goods and services (real property and all structures thereon) will conform to the drawings, materials, performance and any other specifications, samples or other description furnished by the District, and will be fit and sufficient for the purpose intended, merchantable, of good material and workmanship. Contractor and/or Seller (as case may be) agrees that these warranties shall run to Wilmette Park District, its successor, assigns, customers and users of the products or services and that these warranties shall survive acceptance of the goods or performance of the services. 17. EQUAL EMPLOYMENT OPPORTUNITY. Wilmette Park District is required to comply with the Illinois Human Rights Act and the rules and regulations promulgated thereunder by the Illinois Human Rights Commission, The rules and regulations promulgated by the Human Rights Commission require that the Equal Employment Opportunity Clause shall be deemed to be a part of every public contract. The equal employment opportunity clause required by the Illinois Human Rights Commission is hereby incorporated by reference. 18. PREVAILING WAGE RATES. The current Illinois Department of Labor Prevailing Wage Rates for the Wilmette Park District. ** Act (820 ILCS 130/4, et seq.)** Prevailing wage rates are subject to revision monthly. Copies of the current wage rates are always available at the Wilmette Park District, 710 Western Avenue, Wilmette, IL 60134 or on line at the Illinois Department of Labor web site: https://www2.illinois.gov/idol/Laws- Rules/CONMED/Documents/2023%20Rates/May_24/Cook.pdf The successful Bidder hereby agrees to pay the current Illinois Department of Labor Prevailing Wage Rates for any and all projects worked on for the Wilmette Park District, and guarantee all Subcontractors will also pay the prevailing rate of wages. The successful Bidder will be required to post prevailing wage at jobsite as required. The successful Bidder will be required to comply with the Illinois Act on Substance Abuse Prevention on Public Works Projects (Act 095-0635) and supply the District with a copy of the program for the Contractor and all Subcontractors. 10 | P a g e The successful bidder and sub-contractors will submit all applicable paperwork including bonds, insurance and substance abuse program within thirty (30) days of approval of the bid. Failure on the part of the bidder to submit the documentation within thirty (30) days may result in the District cancelling the bid award. Contractor agrees that all change orders approved under this contract shall be paid based on the then applicable prevailing wages. Contractor shall be solely responsible for all changes to prevailing wages. 19."APPROVED EQUAL". If and wherever in the specifications reference is made to a brand name, catalog number, etc., it is only for the purpose of establishing a grade or quality required. Since Wilmette Park District does not wish to rule out other competition, the phrase "or approved equal" is added. An "approved equal" is identical or superior in grade or quality. Wilmette Park District will be the sole judge as to acceptability of an "approved equal". By signing this bid document, the Bidder hereby acknowledges and certifies that should the bid submitted by the Bidder be the same (identical) to the bid of another Bidder, the District shall be the sole judge as to the successful qualified low Bidder. The District shall be the sole judge as to "same or identical" in any bids received. 20. PATENTS AND COPYRIGHTS. Contractor agrees upon receipt of notification to promptly assume full responsibility for defense of any suit or proceeding which may be brought against the District or its agents, customers, or other Contractors, for alleged patent or copyright infringement, as well as for any alleged unfair competition resulting from similarity in design, trademark or appearance of goods, furnished hereunder, and Contractor further agrees to indemnify the District, its agents and customers against any and all expenses, losses, royalties, profits and damages including court costs and attorney's fees resulting from any such suit or proceeding, including any settlement. The District may be represented by and actively participate through its own counsel in any such suit or proceeding if it so desires, and the costs of such representation shall be paid by the District. 21. DEFAULT. In case of default of the Contractor, the Wilmette Park District may procure the items and services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. 22. LIQUIDATED DAMAGES. Failure to complete this project by the required completion dates will result in $500.00 a day in liquidation damages until the project is completed to the satisfaction of the Wilmette Park District. Contractor shall not damage trees which shall remain in place. Damage to trees such as mature oaks, hickory, walnut etc. shall be assessed at $400.00 per caliper inch, measured 4 1/2 feet above the ground. Damage charges will be assessed directly to the Contractor. 23. SUB-CONTRACTORS. The Contractor must list the major subcontractors that have submitted proposals to said Contractor and that said proposals are included in the Base Bid amount, and that should the Contractor be awarded the Contract, unless otherwise mutually agreed upon by this Contractor and District, the listed sub-contractors will perform the work indicated. List sub-contractors on Bid Form where indicated. Bidders are required to perform the majority (50 %+) of work with their staff – not with sub-contractor. 11 | P a g e 24. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within three working days after bid opening, upon Owner's request, detailed written evidence such as financial data, other such data that may be called for in the Bidder's Qualifications Statement. Each bid must contain evidence of Bidder's qualification to do business in the State of Illinois and a certification that the Bidder is not barred from bidding on the Work as a result of previously violating either Section 33E-3 or 33E-4 of Article 33E of the Criminal Code of 1961. Bidders must be experienced in work referenced in this bid. Bidders must provide a list of similar type projects. 25. SCHEDULE OF WORK. The Contractor shall complete the work during the warmer months of 2024, by October at the latest. Specific dates of work for each location will be determined based on weather, Park District programming, and the schedule of the Contractor. The successful bidder will be required to present a schedule of work to the District after receiving the notice of award. This schedule will be reviewed with District Staff for compliance with the Bid Specifications. No changes from this schedule will be permitted without permission of the District. Contractor will be required to conduct a pre-construction meeting with a District Representative prior to the start of any work. MINIMUM REQUIREMENTS. 1. The award of this bid will be based on the total of bids selected from the qualified bidder in accordance with the District’s budgets. 2. The District will supply a contract to the successful bidder. The successful bidder must complete the contract and return it to the District along with all other required entire bid package before work can begin. The Contractor expressly agrees that any contract forms presented by the Contractor shall have no force or effect and shall be superseded by the District’s contract. 3. Contractor must perform the specified testing, arrange for all inspections, and pay all associated fees and costs. 4. Contractor will be responsible to provide facilities for workman on site to be determined by Owner. 5. Work area needs to be cordoned off from the General Public. 6. Confine operations to areas within Contract limits indicated. Portions of the District property beyond which work is indicated are not to be disturbed. Conduct work in a manner that minimizes noise and avoids disruption of ongoing occupancy in adjacent areas. 7. All work is to be done in single shift during normal working hours. The Contractor may elect to work outside of normal working hours, with the approval of the Owner, at their own expense in order to comply with the completion dates. If work outside of normal hours is ordered by the Owner, additional cost thereof will be paid by the Owner in accordance with the terms of the Contract. 8. Keep public areas adjacent to the work area free from accumulation of waste material, rubbish or construction debris, and dispose of properly. 9. Contractor shall provide all machinery required and fees and permits necessary to complete the specified work and as required to comply with all local building laws. All equipment will be provided by Contractor and will be furnished in accordance with all agencies having jurisdiction. 12 | P a g e 10. Any items of historic nature found during the construction, are the property of the Wilmette Park District and need to be turned over to the district immediately. 11. Parking during construction and staging of equipment must be located in designated areas. Entrance to the site to be only at the construction entrance. 12. The District requires a schedule of work prior to start of work. 13. District staff will delineate staging areas. The Contractor will load, unload and store equipment in the staging areas. Equipment storage in the staging area must not interfere with public use of District properties. 14. Contractors and Subcontractors must supply the District with a Certificate of Insurance and their Substance Abuse Policy prior to the start of work. 15. Contractors must place caution signs alerting patrons of work being done on site. During machine operation, the Contractor must clearly post professionally made 36” x 36” blaze orange signs indicating “Work Ahead”. 16. Contractor shall contact J.U.L.I.E. (1-800-892-0123) and have the worksite checked for buried utility lines prior to any excavation work. 13 | P a g e SPECIFICATIONS Scope of Project: Gillson Park - Beach House Parking Lot Seal Coating and Striping 101 Lake Ave, Wilmette IL 60091 Approximately 150,000 SQ. FT. The scope of work for the Gillson beach house parking lot includes striping in YELLOW of all parking spaces, including striping of the brick parking spaces. Only the asphalt areas should be seal coated – the brick areas will remain as brick. REFER TO REQUIREMENTS ON PAGE 15 14 | P a g e SPECIFICATIONS Scope of Project: Howard Park - Parking Lot and Service Drive Seal Coating and Striping 830 17th St., Wilmette, IL 60091 Parking lot Approximately 13,000 SQ. FT. Service drive Approximately 18,000 SQ. FT. REFER TO REQUIREMENTS ON PAGE 15 15 | P a g e SPECIFICATIONS Scope of Project: Keay Nature - Seal Coating and Striping Hibbard Road and Skokie Blvd Approximately 6,200 SQ. FT. SEALCOATING REQUIREMENTS 1. The desired product for seal coating must be a polymer-modified, fiber-strengthened asphalt emulsion coating. Preferable Graphene ES or a like product that has the same aggregate specifications. Bidder shall submit safety data sheets for materials used when applicable. 2. Application must be applied with ride-on equipment that can squeegee and spray. 3. 2 coats for parking lots and 3 coats on entrances and main drive lanes 4. The contractor should not seal coat over manhole covers, as they need to be easily removed for access. PARKING LOT STRIPING REQUIREMENTS 1. Pavement Markings a. Thoroughly clean all existing pavement to be marked. b. Material to be used will exceed Illinois State Specification M 122-92. c. Material to be applied per manufacturer's recommendation. d. Lay out and mark all ground markings in YELLOW. LINE STRIPING AND TRAFFIC MARKINGS REQUIREMENTS 1. 100% Acrylic traffic paint for line striping and traffic markings in YELLOW. 16 | P a g e This work includes, but is not limited to, Furnishing and transporting all materials, labor and equipment necessary for: tree protection, excavation, grading, drainage structures, pavement pulverization, installation of geotextile fabric, gravel installation, asphalt paving courses, pavement markings, seeding and blanketing. All work is to be completed in accordance with the attached plans, details and specifications. All dimensions and quantities are approximate. It is the Contractor’s responsibility to field verify all areas, quantities and grades. The Contractor is also responsible to adequately protect their work and provide protection to the public during construction. All construction debris and trash will be disposed of legally and properly off site. The Contractor will be responsible for leaving the site clean and for repairing any damage to existing turf, trees/shrubs, paved areas and site structures and/or amenities. GENERAL NOTES -  Normal hours of operation are 7:00 a.m. to 7:00 p.m., Monday through Friday. Work will not be permitted before or after these normal hours of work, nor on weekends or public holidays unless the Contractor has given the Project Manager at least 48 hours’ notice of each day such work is intended AND approval must be obtained from the Project Manager prior to such work proceeding.  Contractor is responsible for project and site conditions until signed off by a District Representative.  Contractor will be required to conduct a pre-construction meeting with a District Representative prior to the start of any work.  Contractor will be responsible for final layout (including final grades and dimensions) which must be approved by a District Representative prior to the start of any excavation.  Existing utilities are shown on the plans according to information obtained from utility companies, municipalities, and surveys. The District does not guarantee the accuracy or completeness of this information. The Contractor shall notify J.U.L.I.E. at 800-892-1234 for utility locations at least seventy- two (72) hours prior to the construction start.  Maximum construction disturbance shall be no greater than 10’ beyond excavation edge (or as shown). Contractor is responsible for restoring and turf grass seeding all disturbed areas.  This will be incidental to the contract cost.  Landscape restoration (backfilled excess soil or imported pulverized topsoil (as needed) and turf grass seed) will be required in all disturbed areas alongside paving edges. Contractor is responsible to repair any ruts or damage to any site amenities. Contractor is responsible to repair any damage caused to District roads.  The Contractor will have in their possession at all times on the job site, a copy of the plans and specifications during construction.  The Contractor is required to have a competent Superintendent on the project site at all times, irrespective of the amount of work sublet. The Superintendent shall be capable of reading and understanding the plans and specifications, shall have full authority to execute orders to expedite the project, shall be responsible for scheduling and have control of all work as the agent of the Contactor. Failure to comply with this provision will result in a suspension of work.  All construction and materials shall be in accordance with the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction (current edition).  Any delays due to weather or material deliveries must be documented and signed off by the District Representative. 17 | P a g e  If the method of installation differs from plans/specifications or Contractor disturbance is greater than allowable area shown on plans/specifications, the difference in the method/disturbance shall be incidental to the contract cost.  Care must be taken to not damage or break the existing edge of District drive and public roads at point of construction access. Contractor will be responsible to construct an access point from a District drive and public road and/or to secure/protect the edge of the pavement from damage. Contractor is responsible to repair/replace (not patch) any damage to the roadways.  Excavate area of soil as indicated. Any excess excavation materials (clay, poor soil, rock etc., including those in any undercut areas) will be stockpiled separately on-site, (as directed by a District Representative). The District believes the soil to be contaminant free. Should the soil be contaminated, the Contractor should contact the District. All soils need to be disposed of legally per the EPA regulations. Stockpile approved topsoil separately, only for use in pavement backfilling, in an area designated by a District Representative. Entire site is intended to balance.  Contractor shall be responsible for proper excavation and separation of materials to avoid comingling materials that will prevent reuse on site. If Contractor is not performing proper care in excavation and separation of materials, he/she will be responsible for removing and disposing of unusable materials off site.  Backfill all excavated areas with excess topsoil from excavation. Any additional soil needed for backfill must be furnished, imported, pulverized topsoil. Backfill so as to provide a smooth transition into the surrounding grade with a slope no greater than 5:1. All areas will have proper grade for water control and drainage. Prior to seeding, a District Representative must approve imported topsoil and backfilled areas. The Contractor shall furnish additional needed topsoil if required, cost incidental to contract. Restoration with turf grass seed as specified shall be incidental to the operation. Final grading must make drainage work, (i.e. property drainage, no standing water etc.). Location for excess material will be at the direction of the District Representative.  The Contractor shall maintain free flowing drainage throughout the project site for the duration of the project. Any obstructions shall be temporarily re-graded in order to ensure that proper drainage is maintained.  Contractor is responsible for adequately blocking off and protecting the driveways and trails off of public or Park District roads from the public, and to provide safety to the public. Construction warning signage must be posted at all entrances into the work area during work hours. Construction area must be left in a safe manner at the end of each work day.  A proof roll of the final excavated subgrade (prior to placement of geotextile fabric) and the final gravel base must be approved by a District Representative.  Job site must be left in a clean, orderly and secure condition at the end of each workday, including removing all nails and metal/plastic pieces on the ground. Haul away and legally dispose of all trash and debris.  No excavated areas are to be left open overnight.  All permanent signage to be provided and installed by District.  The Bidder must complete the attached worksheet of costs containing all construction elements and material associated with project construction. This includes but is not limited to all potential mobilization, grading, excavation, gravel placement, asphalt pavement, striping, seeding, blanketing etc.  Contractor to provide all stone and gravel products for this project. 18 | P a g e REFERENCES Please list below references for the most recent, past or current projects that your organization has successfully constructed that you feel are most similar in nature to the project for which this bid is being submitted. Bidder must state if projects were completed on time and within budget. Please supply the name, title, and phone number of the Owner's Field Representative who was acting as the Inspector during each project. The District will contact all listed references. 1. Project Name ________________________________________________________ Owner/Agency _________________________________________________________ Owner’s Phone _________________________________________________________ Project Description ______________________________________________________ Project Amount ________________________________________________________ Year Completed ________________________________________________________ Project was completed on time (Yes/No). Project was completed within budget (Yes/No). 2. Project Name ________________________________________________________ Owner/Agency _________________________________________________________ Owner’s Phone _________________________________________________________ Project Description ______________________________________________________ Project Amount _________________________________________________________ Year Completed _________________________________________________________ Project was completed on time (Yes/No). Project was completed within budget (Yes/No). 3. Project Name _________________________________________________________ Owner/Agency __________________________________________________________ Owner’s Phone __________________________________________________________ Project Description ______________________________________________________ Project Amount _________________________________________________________ Year Completed _________________________________________________________ Project was completed on time (Yes/No). Project was completed within budget (Yes/No). 19 | P a g e SUB-CONTRACTORS The listed Sub-contractors will perform the work indicated herein: 1. Sub-Contractor ___________________________________________________________________ Work Performed______________________________________________________ 2. Sub-Contractor ___________________________________________________________________ Work Performed_______________________________________________________ 3. Sub-Contractor ___________________________________________________________________ Work Performed_______________________________________________________ 4. Sub-Contractor ___________________________________________________________________ Work Performed_______________________________________________________ 20 | P a g e ILLINOIS APPLICATION FOR PAYMENT FORM Project Name: Date Contractor_________________________________ Payment Application #_______________________ Period from________________________________ Change Orders # ___________________________ 1 2 3 4 5 6 7 Contractor Work/material Contracted For Adjusted Total Contract Including Change Orders Work Completed & Materials Stored (% & $) Total Retained Including This Application Previously Paid Net Amount Now Due Col 3 – Col 4 & 5 Balance Become Due Col 2 – Col 5 & 6 Amount of Original Contract $ _________________ Work Completed (Col 3) $____________________ Extras to Contract $__________________________ Total Retained (Col 4) $_______________________ Total Contract & Extras $__________________ ___ Net Amt Earned (Col 3 Col 4) $_________________ Credits to Contract $_________________________ Previously Paid (Col 5) $______________________ Adjusted Total Contract $_____________________ Net Amount Due (Col 7) $____________________ Sworn Statement for Contractor _____________________________________________________________________________________ Date______________________________________ 21 | P a g e PREVAILING WAGE RATES WHEREAS, it is the policy of the State of Illinois as declared in ** Illinois Prevailing Wage Act (820 ILCS 130/4, et seq.)** regulating wages of laborers, mechanics and other workman employed in any public works by the State, County, City or any political subdivision or by any work under construction for public works approved June 26, 1941, that a wage of no less that the general prevailing hourly wage rate as paid to all laborers, workmen and mechanics employed by and on behalf of any and all public body engaged in public works, exclusive of maintenance work. Prevailing wage rates are subject to revision monthly. Copies of the current prevailing wage rates are always available at the Wilmette Park District, 710 Western Avenue, Wilmette, IL 60134 or https://www2.illinois.gov/idol/Laws-Rules/CONMED/Documents/2023%20Rates/May_24/Kane.pdf The undersigned hereby agrees to pay the current Illinois Department of Labor Prevailing Wage Rates for any and all projects worked on for the Wilmette Park District. ___________________________ Company Name ____________________________ Signature of Officer of Company ____________________________ Title ____________________________ Date 22 | P a g e SUBSTANCE ABUSE PREVENTION FORM WHEREAS, it is the policy of the State of Illinois as declared in Substance Abuse Prevention and Public Works Project Act **(Act 095-0635)** that all contractors or sub-contractors must have a substance abuse prevention program in place for all laborers, workmen and mechanics employed by and on behalf of any and all public body engaged in public works. The undersigned hereby acknowledges and attaches a copy of their Substance Abuse Prevention Program. ___________________________ Company Name ____________________________ Signature of Officer of Company ____________________________ Title ____________________________ Date 23 | P a g e # Work Location Item Total 1 Gillson Beach House $ 2a Howard Park-parking lot $ 2b Howard Park-service drive $ 3 Keay Nature Center $ Total: $ 3555 Lake Ave, Wilmette, IL 60091 Date:_____________ PROJECT Seal Coating Projects 2024 WORKSHEET Contractor Name: 24 | P a g e BID FORM PART I The undersigned, as Contractor, declares that he/she has fully examined the proposed form of Bid and Specifications for the above designated project, all of which are attached hereto, and all other documents referred to or mentioned in the Bid Documents, including Addenda No. _____, _____, and _____ issued thereto; The undersigned further declares that he/she has fully examined the following addenda issued to the Specifications: Further, he/she proposes and agrees if this bid proposal is accepted by the District, to execute and fully perform the work required under this Document. I. The undersigned Contractor proposes and agrees, after having examined the specifications, quantities and other contract documents, to irrevocably offer to furnish the materials, equipment and services in compliance with all terms, conditions, specifications and amendments contained in the bid solicitation documents. The items in this Invitation to Bid, including, but not limited to, all required certificates, are fully incorporated herein as a material and necessary part of the contract. A. The Contractor shall also include with their bid any necessary literature, samples, safety data sheets, etc., as required within the Invitation to Bid, Instruction to Bidders and specifications. B. For purposes of this offer, the terms Offeror, Bidder, Contractor, and Vendor are used interchangeably. Name_______________________________ Signature______________________________ Title_______________________________________________________________________ Company___________________________________________________________________ Address____________________________________________________________________ Phone # ________________________________ Fax # ______________________________ Email______________________________________________________________________ Federal I.D./Social Security # ___________________________ Date __________________ 25 | P a g e BID FORM AFFIDAVIT / CERTIFICATION PART II State of ________________________) County of _______________________) The undersigned being duly sworn certifies that he/she is (complete one of the following): a. Sole Proprietor of _________________________________________________ (Name of firm) b. A Partner of the Partnership d/b/a _____________________________________ (Name of Partnership) c. An Officer of _____________________________________________________ (Name of Corporation) d. The Manager of ___________________________________________________ (Name of Limited Liability Company) Hereinafter called the Bidder and that; if Bidder is an entity described above, the following names and titles are true and correct as of the date hereof: _______________________________ ________________________________ (President or Partner or Member) (Vice President or Partner or Member) _______________________________ ________________________________ (Secretary or Partner or Member) (Treasurer or Partner or Member) Federal I.D./Social Security No. __________________________________________ The undersigned certifies and warrants that he/she is duly authorized to execute this certification/affidavit on behalf of the Bidder and in accordance with the organizational documents of the Bidder and the laws of the State of Illinois and that this certification is binding upon the Bidder and is true and accurate. Further the undersigned certifies that the Bidder is not barred from bidding on this project as a result of a violation of either 720 Illinois Compiled Statutes 5/33 E-3 or 5/33 E-4, bid-rigging or bid-rotating. The affiant deposes and says that he/she has examined and carefully prepared this Bid proposal from the Contract Documents and that the statements contained herein are true and correct and that this proposal is made without collusion with any other person, firm or corporation. If a Corporation, the undersigned further certifies that the recitals and resolutions attached hereto and made a part hereof were unanimously adopted by the Board of Directors of the Corporation at a meeting of said Board of Directors duly called and held and have not been repealed, nor modified and that the same remain in full force and effect. (Attach a copy of the corporate resolution granting the individual executing the contract documents authority to do so.) __________________________________ 26 | P a g e Signature and Title CORPORATE SEAL (if available) __________________________________ Business Address __________________________________ City and State __________________________________ Phone __________________________________ Fax Subscribed and Sworn to before me this ______ day of ______________ AD, 2024. _________________________________ My Commission Expires: _____________ Notary Pub 27 | P a g e BID FORM PART lll The bidder will complete this project including all work scope of Bid Package for the total lump sum cost of: (Each bid will be including all machinery, material, delivery and labor) Having examined the work site, our bid: Total BASE BID. $__________________________________________________________________ PROJECT WILL BE AWARDED TO LOWEST RESPONSIVE AND RESPONSIBLE BIDDER. Signed______________________________________________________________ Printed Name________________________________________________________ Company____________________________________________________________ Date________________________________________________________________ 28 | P a g e Wilmette Park District Contract Agreement Between Owner and Contractor THIS AGREEMENT made and entered into this day of (DATE), by and between the Wilmette Park District, 1200 Wilmette Avenue, Wilmette, Illinois as Party to the First Part and hereinafter referred to as the Owner, and (COMPANY AND FULL ADDRESS) as Party of the Second Part and hereinafter referred to as the Contractor. WITNESSETH: THAT WHEREAS, Contract Documents have been prepared and an invitation calling for bids has been published, for and in connection with the (PROJECT). WHEREAS, The Contractor, has examined the final construction plans and specifications, “(PLAN DOCUMENT NAME)”, with a latest revision date of (DATE), as prepared by (ENGINEER AND CITY, STATE), together with the Instructions to Bidders, General and Supplementary Conditions, together with this Contract Agreement (hereafter collectively referred to as the “Contract Documents”). WHEREAS, The Contractor, in response to the invitation, has submitted to the Owner, a sealed bid; and WHEREAS, The Owner, has opened, examined, and canvassed the bids submitted, and has duly awarded to the said Contractor based upon Contractor’s Bid Submittal. NOW THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties to these present have agreed and hereby agree as follows: ARTICLE I DESCRIPTION OF WORK The construction includes the work and terms set forth in the Contract Documents. The Contractor shall fulfill all obligations in the Contract Documents, including but not limited to the following: (a) furnish all tools, equipment, supplies, superintendence, transportation, and other construction accessories, services, and facilities; (b) furnish all materials, supplies, and equipment specified and required to be incorporated in and from a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial, and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the Contract Specifications and Bid Documents, said documents forming the Contract Documents and being as fully a part of this Contract Agreement as if repeated verbatim herein, perform, execute, construct, and complete all work included in and covered by the Owner’s official award of this Contract to the said Contractor, such award being based on the acceptance by the Owner of the Contractor’s Bid, or part thereof, as follows: 29 | P a g e ARTICLE II CONTRACT PRICE That the Owner shall pay to the Contractor for performance of the work under the terms of the Contract Documents and will accept as full compensation thereof, the sum (subject to adjustment as provided by the Contract) of: (COST WRITTEN OUT ($ XXXXXX.00) ARTICLE III PERFORMANCE That the Contractor shall start work on the project by (DATE), once received notification to proceed by the Wilmette Park District, and complete the work as stated in the Contract Documents by (DATE). That should the Contractor be delayed in the completion of the work by the act, neglect, or default of the Engineer or Owner, or by fire, other principal contractors, strikes, lock-outs, acts of public officials, alteration or embargoes, then the time herein above fixed for the completion of the work shall be extended for a period equivalent to the time lost by reason of any or all of the causes aforesaid. That the Contractor shall be responsible to the Owner for the acts and omissions of their employees, subcontractors, and their agents, and all others performing any of the work included in this contract. That the Contractor, if applicable, is responsible for contacting J.U.L.I.E. and making sure that all underground utilities are marked before digging starts. The Contractor is also responsible for the repair and cost of any repair of damages resulting from the services they are providing at the park site. ARTICLE IV TERMS OF AGREEMENT That if the Contractor defaults or persistently fails to perform its obligations under the Contract Documents, then the Owner, after 7 calendar days by written notice to the Contractor, may terminate this agreement. That the delivery of any notice of termination shall be by certified mail to the address listed on this contract. That the Contractor agrees to pay any and all attorney’s fees incurred by the Owner enforcing any of the provisions of this contract, or suing for damages resulting from any breach of contract. 30 | P a g e ARTICLE V PROTECTION OF PEOPLE AND PROPERTY That the Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the materials and services provided in this project. That the Contractor shall take all responsible precautions for the safety of their employees, the Owner’s employees and agents, and any other people who may be affected by the performance of the services necessary for the completion of the improvements. That the Contractor shall promptly remedy all damage or loss to any property caused in whole or part by the Contractor, or anyone directly or indirectly employed by the Contractor. ARTICLE VI LAWS AND REGULATIONS That the Contractor shall comply with all applicable laws, regulations, and rules promulgated by any Federal, State, County, Municipal, and/or other governmental unit or regulatory body now in effect or which may be in effect during the performance of the work. Included within the scope of laws, regulations, and rules referred to in this paragraph, but in no way to operate as a limitation, are all forms of traffic regulations, public utility and Intrastate and Interstate Commerce Commission regulations, Worker’s Compensation Laws, Prevailing Wage Laws, the Social Security Act of the Federal Government and any of its titles, the Illinois Human Rights Act and regulations or EEOC statutory provisions and rules and regulations, and OSHA, State, and Federal EPA statutory provisions and rules and regulations. This contract calls for the construction of a “public work”, within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01 et seq. To the extent that the Act applies, the Act requires contractors and subcontractors to pay laborers, workers and mechanics performing services on public works projects no less than the “prevailing rate of wages” (hourly cash plus fringe benefits) in the county where the work is performed. For information regarding the current prevailing wage rates, please refer to the Illinois Department of Labor’s website at https://www2.illinois.gov/idol/Laws- Rules/CONMED/Documents/2023%20Rates/May_24/Cook.pdf. All contractors and subcontractors rendering services under this contract must comply with all requirements of the Act, including but not limited to, all wage, notice and record keeping duties. That the Contractor agrees to submit a monthly certified payroll and the Contractor agrees to pay their employees the prevailing rate of wages for Kane County, in accordance with the State of Illinois Public Act “regulating wages of laborers, mechanics, and other workmen employed in any public works by the State, County, City, or any public body or any political subdivision, or by anyone under contract for public works”, dated June 26, 1941. ARTICLE VII CONTRACT BOND Within ten (10) days after the award of contract, the successful Contractor shall furnish a Performance Bond and a Labor and Materials Payment Bond, each equal to 100% of the contract and all obligations arising from it. Bonds shall be provided on the AIA-312 Form or another similar form that is acceptable to the Owner, and shall become part of the contract. The failure of the successful bidder to enter into contract and supply the required bonds within ten (10) days of award of contract, or within such extended period as the Wilmette Park District may grant shall constitute default, and the Owner may either award 31 | P a g e the contract to the next responsible bidder, or re-advertise for bids. A charge against the defaulting bidder may be made for the difference between the amount of the bid and the amount for which a subsequent contract is executed, irrespective of whether the amount thus due exceeds the amount of the bid guarantee. ARTICLE VIII PAYMENT That the Contractor agrees that no payment for any work shall be made until the work is approved by the Architect/Engineer representing the Owner. That the Contractor agrees to submit all requests for payment in writing with support documentation included. Requests for payment may be made monthly to the (ENGINEER, CITY, STATE) by the first Monday of every month, to be approved by the Wilmette Park District Board of Commissioners on the third Monday of every month. That the Contractor agrees that payment for approved work shall be made within seven (7) days after approval of the payout by the Wilmette Park District Board of Commissioners at the regularly scheduled board meeting. That the Contractor agrees that the Owner shall retain ten (10) percent of each payment until the time final approval is issued and final payment is made. CERTIFIED PAYROLL: To the extent that the Act applies, the contractor and each subcontractor shall follow Illinois Public Act 094-0515 concerning Certified Payroll. (an amendment to the Prevailing Wage Law) This includes making and keeping records for a period of 3 years of all laborers, mechanics, and other workers employed by them on the project; the records shall include each worker’s name, address, telephone number when available, social security number, classification or classifications, the hourly wages paid in each pay period, the number of hours worked each day and starting and ending times of work each day; and submit monthly, in person, by mail, or electronically a certified payroll to the public body in charge of the project (Wilmette Park District at 1200 Wilmette Avenue, Wilmette, Illinois, 60091, Attn. Kristi Solberg). The certified payroll shall consist of a complete copy of the records identified above. The certified payroll shall be accompanied by a statement signed by the contractor or subcontractor which avers that (i) such records are true and accurate: (ii) the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required by the Prevailing Wage Act: and (iii) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. Should Contractor or any subcontractor claim that the Act does not apply to it for any reason, then such Contractor or subcontractor shall supply a letter addressed to the Owner in lieu of Certified Payroll explaining why the Act does not apply to it; said letter to be furnished with each application for payment pertaining to said Contractor or subcontractor. Upon 2 business days’ notice, the Contractor and each subcontractor shall make available for inspection the records identified above to the public body in charge of the project, its officers and agents, and to the Director of Labor and their deputies and agents. 32 | P a g e ARTICLE IX GUARANTEE That the Contractor agrees to guarantee all work for a period of twelve (12) months from date of final acceptance of the work by the owner. ARTICLE X INDEMNITY That the Contractor agrees to defend, indemnify, and hold harmless the Owner, Engineer (NAME), (CITY, COUNTY, IDNR), and their officers, agents and employees, against all suits, actions, or claims of any character brought because of any injury or damage received or sustained by any person, persons, or property arising out of or resulting from any asserted negligent act, error, or omission of the Contractor or its agents, employees, or sub-contractors. That this indemnity includes attorney’s fees, and further, the Contractor agrees to pay, indemnify, and hold the Owner harmless for any attorney’s fees and related costs, including court costs incurred by the Owner in enforcing any provision of this Contract against the Contractor, or any party performing the work of this Contract under the authority of the Contractor, or as agent, employee, or sub-contractor of the Contractor. That the Contractor shall furnish and provide evidence of insurance as stated above and in the specifications. The Contractor agrees to provide a Certificate of Insurance to the Wilmette Park District naming it as additional insured for this project. The Description shall read as follows: “(PROJECT), The Wilmette Park District, (ENGINEER, CITY, COUNTY, IDNR) and their officers, agents and employees are additionally insured with regard to the general liability & umbrella coverages on a primary & non- contributory basis.” ARTICLE XI ASSIGNMENT AND SUBCONTRACTING That neither the Owner nor the Contractor shall assign, transfer convey, sublet, sub-contract, or otherwise dispose of this Agreement, of their/its right, title, or interest therein or their/its power to execute this Agreement, to any other person, firm, or corporation, except at the written consent of the parties hereto. If so agreed to by said parties, this Agreement shall extend to and be binding upon their successors and assigns. In any case, the said parties, for themselves, their heirs, successors, executors, and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE XII CERTIFICATIONS That the Contractor certifies that to the best of its knowledge, no officer or employee has been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, nor has any officer or employee made an admission of guilt of such conduct which is a matter of record. That the Contractor certifies it has not been barred from being awarded a contract with a unit of State or local government as a result of a violation of section 33E-3 or 33E-4 of the Criminal Code of 1961 (bid rigging or rotating). 33 | P a g e That the Contractor certifies, pursuant to the Illinois Human Rights Act (775 ILCS 5/2-105), that it has a written sexual harassment policy that includes, at a minimum, the following information: 1) the illegality of sexual harassment; 2) the definition of sexual harassment under State law; 3) a description of sexual harassment using examples; 4) the Contractor's internal complaint process including penalties; 5) the legal recourse, investigation and complaint process available through the Illinois Department of Human Rights Commission and directions on how to contact both; 6) protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of the policy shall be provided to the Department of Human Rights upon request. ARTICLE XIII CANCELLATION That the Owner reserves the right to cancel this Agreement in its entirety or any portion of its obligations hereunder for the purchase of equipment, material, workmanship or services, for causes due to any acts or demands of the United States Government, State Government, County Government, City Government or any official, department, board, or instrumentality of said United States Government, State Government, County Government, City Government or any injunction or other writ, order or decree issued out of any court whatsoever or on account of any cause whereby the construction of said structure or any substantial part thereof becomes illegal in any manner whatsoever, or to fires, strikes, or other causes beyond the Owner’s control. Or the Contractor shall, upon the Owner’s written request, suspend shipment and delivery of material and all work and operations hereunder for such period or periods of time as the Owner may deem advisable or necessary. In the event that the Owner exercises this right to cancel or suspend this contract, it is mutually understood and agreed that the Contractor shall not be subject to any financial loss through bona fide obligations assumed prior to the date of cancellation or suspension, or necessary expenses incurred during and by reason of such suspension. ARTICLE XI MISCELLANEOUS PROVISIONS That the Contractor shall have full control of the ways and means of performing the work which is the subject of this Contract, and that the Contractor or their/its employees, representatives, or sub- contractors are in no sense employees of the District, it being specifically agreed that in respect to the District, the Contractor and any party employed by the Contractor bears the relationship of an independent contractor. The Contractor shall furnish any affidavit of an independent contractor. The Contractor shall furnish any affidavit or certificate in connection with the work covered by this Agreement as provided by law. 34 | P a g e IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the day and year first above written. ___________ WILMETTE PARK DISTRICT________________________ Party of the First Part (Owner) By: __________________________________________________________ Its: __________________________________________________________ Date: __________________________________________________________ _______ Party of the Second Part (Contractor) By: __________________________________________________________ Its: __________________________________________________________ Date: __________________________________________________________ 35 | P a g e CERTIFICATE TO BE EXECUTED IF CONTRACTOR IS A CORPORATION I, ___________________________________________________________________________ Certify that I am the ____________________________________________________________ of the corporation named as Contractor hereinabove; that ______________________________ ____________________________________________________________________________ who signed the foregoing Contract on behalf of the Contractor was then ____________________________________________________________________________ of said corporation; that said Contract was duly signed for and in behalf of said Corporation by due authority and is within the scope of its corporate powers. By ____________________________________________ Title ___________________________________________ (Corporate Seal) 36 | P a g e PERFORMANCE BOND FORM KNOW ALL MEN BY THESE PRESENTS: That the undersigned ______________________________________________, as principal and ________________________________________ as surety, are held and bound unto the WILMETTE PARK DISTRICT in the sum of $ dollars, lawful money of the United States of America, to be paid to said ________________________________ its successors and assigns, to which payment the undersigned, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns. THE CONDITIONS OF THIS OBLIGATION is that if (COMPANY) , Contractor, shall faithfully furnish and do everything required in the CONTRACT, executed in writing, dated _____________, between (COMPANY) , Contractor, and WILMETTE PARK DISTRICT for the (PROJECT), receipt of copies of said contract being expressly acknowledged by each of the parties hereto, this obligation shall become of no effect; otherwise it shall continue in full force. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, alteration or addition to the terms of the contract or to the work or to the specifications. 37 | P a g e PERFORMANCE BOND FORM (continued) In the event of any conflict between the terms of this bond and the aforesaid Contract, the terms of said Contract and project specifications shall prevail. Signed, sealed, and delivered this _____day of ___ _, ______. ____________________________________(Seal) ____________________________________(Seal) ____________________________________(Seal) WITNESS: ____________________________________ (If Individual or Firm) ____________________________________(Seal) ATTEST: ____________________________________ (If Corporation) ____________________________________(Seal) ____________________________________(Seal) ATTEST: ____________________________________ (Surety) 38 | P a g e LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT (insert the name and address or legal title of the Contractor) as Principle, hereinafter called Contractor, and (insert the legal title of Surety) as Surety, hereinafter called Surety, are held firmly bound unto the WILMETTE PARK DISTRICT as obligee, hereinafter called the Owner, in the full and just sum of DOLLARS ($ ) lawful money of the UNITED STATES OF AMERICA for the payment of which sum of money well and truly to be made, we bind ourselves, heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered in to a certain written contract, dated the day of , 20 with the Wilmette Park District for the Project complete, as described in the foregoing Contract and Articles of Agreement. NOW THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if the said Principal shall in all respects well and truly keep and perform the said Contract, and shall pay all sums of money due or to become due, for any and all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in the Contract, and any authorized extension or modification thereof, including all amounts due, for materials, lubricants, oil, gasoline, and other fuels, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be null and void, otherwise it shall remain in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Specifications accompanying the same shall In any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. 39 | P a g e LABOR AND MATERIAL PAYMENT BOND (continued) IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 . (SEAL) (SEAL) Principal Witness: (If Individual or Firm) Attest: (If Corporation) (SEAL) (SEAL) Attest: (Surety)