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Fire Station #3 Curb and Gutter Replacement
City ML Evanstoirr AGREEMENT (Goods and Services between $10,000 to $20,000) The Parties to this Agreement are the City of Evanston and Vendor. This Agreement, consisting of the signature page and numbered sections listed below and any attachments referenced in this Agreement, constitutes the entire Agreement between the Parties concerning the subject matter of the Agreement, and supersedes all prior proposals, Agreements and understandings between the Parties concerning the subject matter of the Agreement. This Agreement can be signed in multiple counterparts and signature may be electronic or digital upon agreement of the Parties. 1. TERM AND TERMINATION 2. DESCRIPTION OF SUPPLIES AND SERVICES 3. PRICING 4. STANDARD BUSINESS TERMS AND CONDITIONS 5. STANDARD CERTIFICATIONS 6. DISCLOSURES AND CONFLICTS OF INTEREST 7. SUPPLEMENTAL PROVISIONS In consideration of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the terms and conditions set forth herein and have caused this Agreement to be executed by their /duly {/authorized representatives on the dates shown below. VENDOR ) / / /v CITY OF DepartmON ent Vendor Name J � d! CAA-�,63�/� (Procuring Departme�nt)Name) ParkslRe/�c and Community Services Signature 1�"w X. Official Signaturfx)4444, _H'V�^ Printed Nam Axe "/.M%�e�i✓7��� Printed Name "' - T`? vW#tq/ (tiro&G2. Title (' !h/N4��- J noteeIWIl �1+ Addrree-ss �$/v/6i - �1 _/: "n Y y S/ ✓ / lP d 2-0-1r �t Phone &71ko'9-VO3 y�!Fax 6'r3� i 7 "R %O1/ 0190 E-mail/b0i✓C%d.La✓Ion CITY USE ONLY Title Date —A— Designee Signature Printed Name Title Address NOT PART OF CONTRACTUAL PROVISIONS PBC# Pro'ect Title Contract It Procurement Method IIF8 RFP Small etc): Re/ # Publication Date Award Code Subcontractor Utilizations r Yes E No Subcontractor Disclosures r_i Yes r1 No Formica Source Obligation # Approval, Signature Phone _ Revision 10/2011 DaterPrinted Name E-mail _ A4if,3i'OitE:ad as to forth: ✓C i ' ,��' , ✓,^'�1^�a� ��'"' W. ,, rant Farrar Corporation Counsel 1. TERM AND TERMINATION 1.1 TERM OF THIS AGREEMENT: This Agreement has an initial term until completion of construction. If a start date is not identified, the term shall commence upon the last dated signature of the Parties. Vendor shall not commence billable work in furtherance of the Agreement prior to final execution of the Agreement. 1.2 RENEWAL: Subject to the maximum total term as identified above, the City has the option to renew for the following term(s): None Pricing for the renewal term(s), or the formula for determining price is shown in the pricing section of this Agreement. Any renewal is subject to the same terms and conditions as the original Agreement except as stated below in this subsection. The City may renew this Agreement for any or all of the option periods specified; may exercise any of the renewal options early and may exercise more than one option at a time based on continuing need and favorable market conditions when in the best interest of the City. The Agreement shall not renew automatically nor shall the Agreement renew solely at Vendor's option. 1.3 TERMINATION FOR CAUSE: The City may terminate this Agreement, in whole or in part, immediately upon notice to Vendor if: (a) the City determines that the actions or inactions of Vendor, its agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) Vendor has notified the City that it is unable or unwilling to perform the Agreement. If Vendor fails to perform to the City's satisfaction any material requirement of this Agreement, is in violation of a material provision of this Agreement, or the City determines that Vendor lacks the financial resources to perform the Agreement, the City shall provide written notice to Vendor to cure the problem identified within the period of time specified in the City's written notice. If not cured by that date, the City may either: (a) immediately terminate the Agreement without additional written notice or (b) enforce the terms and conditions of the Agreement. For termination due to any of the causes contained in this Section, the City retains its rights to seek any available legal or equitable remedies and damages. 1.4 TERMINATION FOR CONVENIENCE: The City may, for its convenience and with 7 days prior written notice to Vendor, terminate this Agreement in whole or in part and without payment of any penalty or incurring any further obligation to Vendor. Vendor shall be entitled to compensation upon submission of invoices and proof of claim for supplies and services provided in compliance with this Agreement up to and including the date of termination. Page 1 2. DESCRIPTION OF SUPPLIES AND SERVICES 2.1 GOAL: To utilize the knowledge and expertise of Vendor, that is lacking in the Procuring Department's staff, to obtain supplies and services necessary to help meet the responsibilities of the Procuring Department. 2.2 SUPPLIES AND/OR SERVICES REQUIRED: 2.3 MILESTONES AND DELIVERABLES: Vendor shall not perform services, provide supplies or incur expenses in amount exceeding the amount shown in this Section, unless the City has authorized a higher amount in writing prior to Vendor performing the services, providing the supplies, or incurring the expenses. Not -to -exceed $13 700 2.4 VENDOR/STAFF SPECIFICATIONS: Exhibit I— City of Evanston RFP 2.5 ASSIGNMENT AND SUBCONTRACTING: 2.5.1 This Agreement may not be assigned, transferred in whole or in part by Vendor without the prior written consent of the City. 2.5.2 For purposes of this section, subcontractors are those specifically hired to perform all or part of the work covered by the Agreement. Will subcontractors be utilized? ❑ Yes R No 2.5.3 Vendor shall describe below the names and addresses of all authorized subcontractors to be utilized by Vendor in the performance of this Agreement, together with a description of the work to be performed by the subcontractor and the anticipated amount of money that each subcontractor is expected to receive pursuant to this Agreement. Vendor shall provide a copy of any subcontracts within 20 days of execution of this Agreement for approval by the City. Vendor shall be responsible for the accuracy and quality of any subcontractor's performance. Subcontractor Name Address Subcontractor Name Address Amount to be paid Description of work Amount to be paid Description of work 2.5.4 Vendor shall obtain approval from the City prior to hiring any additional or substitute subcontractors during the term of this Agreement. Vendor may, upon request of the City, provide to the City a draft subcontractor agreement for review and approval prior to the execution of the subcontract. Subontractor agreements shall provide that services to be performed under the subcontracting agreement shall not be sublet, sold, transferred, assigned or otherwise disposed of to another entity or person without the City's prior written consent. 2.5.5 All subcontracts must include the same certifications that Vendor must make as a condition of this Agreement. 2.6 TRANSPORTATION AND DELIVERY: 2.7 WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise specified in this section all services shall be performed in the United States. If Vendor manufactures the supplies or performs the services purchased hereunder in another country in violation of this provision, such action may be deemed by the City as a breach of the Agreement by Vendor. Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the services to be performed at each location. If Vendor received additional consideration in the evaluation based on work being performed in the United States, it shall be a breach of contract if Vendor shifts any such work outside the United States. Location where services will be performed Evanston Fire Station #3 —1105 Central Street. Evanston Illinois 60201 Value of services performed at this location $13,700 Location where services will be performed Value of services performed at this location 2.8 SCHEDULE OF WORK: Any work performed on City premises shall be done during the hours designated by the City and performed in a manner that does not interfere with the City and its personnel. Page 2 2.9 WARRANTIES FOR SUPPLIES AND SERVICES: 2.9.1 Vendor warrants that the supplies furnished under this Agreement wilt: (a) conform to the standards, specifications, drawing, samples or descriptions furnished by the City or furnished by Vendor and agreed to by the City, including but not limited to all specifications attached as exhibits hereto; (b) be merchantable, of good quality and workmanship, and free from defects for a period of twelve months or longer if so specified in writing, and fit and sufficient for the intended use; (c) comply with all federal and City laws, regulations and ordinances pertaining to the manufacturing, packing, labeling, sale and delivery of the supplies; (d) be of good title and be free and clear of all liens and encumbrances and; (a) not infringe any patent, copyright or other intellectual property rights of any third party. Vendor agrees to reimburse the City for any losses, costs, damages or expenses, including without limitations, reasonable attorneys fees and expenses, arising from failure of the supplies to meet such warranties. 2.9.2 Vendor shall insure that all manufacturers' warranties are transferred to the City and shall provide a copy of the warranty. These warranties shall be in addition to all other warranties, express, implied or statutory, and shall survive the City's payment, acceptance, inspection or failure to inspect the supplies. 2.9.3 Vendor warrants that all services will be performed to meet the requirements of the Agreement in an efficient and effective manner by trained and competent personnel. Vendor shall monitor performances of each individual and shall reassign immediately any individual who is not performing in accordance with the Agreement, who is disruptive or not respectful of others in the workplace, or who in any way violates the Agreement or City policies. 2.10 REPORTING, STATUS AND MONITORING SPECIFICATIONS: 2.10.1 Vendor shall immediately notify the City of any event that may have a material impact on Vendor's ability to perform the Agreement. Page 3 3. PRICING 3.1 METHOD AND RATE OF COMPENSATION: The City will compensate Vendor for the initial term as follows ❑ Hourly ❑ Monthly ❑ Annually ® Project UDon comoletion of construction and submission of all required lien waivers and certified oavroll ❑ Item (show unit of measure and rate) 3.2 TYPE OF PRICING: Pricing under this Agreement is ® Firm $13,700 ❑ Estimated 3.3 RENEWAL COMPENSATION: If this Agreement is renewed, the price shall be at the same rate as for the initial term unless a different compensation or formula for determining the renewal compensation is stated in this section. 3.4 EXPENSES: Any expenses that Vendor may charge are shown in this section. The City will not compensate Vendor for expenses related to travel, lodging or meal. 3.5 TAX: Vendor shall not bill for any taxes unless accompanied by proof the City is subject to the tax. If necessary, Vendor may request the applicable City's Illinois tax exemption number and federal tax exemption information. 3.6 INVOICING: Vendor shall invoice at the completion of the Agreement unless invoicing is tied in this Agreement to milestones, deliverables, or other invoicing requirements agreed to in this Agreement. Send invoices to 3.7 PAYMENT TERMS AND CONDITIONS: 3.7.1 By submitting an invoice, Vendor certifies that the supplies or services provided meet all requirements of the Agreement, and the amount billed and expenses incurred are as allowed in the Agreement. Invoices for supplies purchased, services performed and expenses incurred through December 31 of any year must be submitted to the City no later than January 31 of the next subsequent year. 3.7.2 Payments, including late payment charges, will be paid in accordance with all applicable laws and rules of the City of Evanston and the State of Illinois. Remedies provided for therein shall be Vendor's sole remedy for late payments by the City. Payment terms contained on Vendor's invoices shall have no force and effect. 3.7.3 The City will not pay for supplies provided or services rendered, including related expenses, incurred prior to the execution of this Agreement by the Parties even if the effective date of the Agreement is prior to execution. 3.7.4 As a condition of receiving payment Vendor must (i) be in compliance with the Agreement, (if) pay its employees prevailing wages when required by law (Examples of prevailing wage categories include public works, printing, janitorial, window washing, building and grounds services, site technician services, natural resource services, security guard and food services). Vendor is responsible for contacting the Illinois Dept. of Labor 217-782-6206; htti)://www.state.il.us/DeDaomenVidol/index.htm to ensure compliance with prevailing wage requirements), (iii) pay its suppliers and subcontractors according to the terms of their respective contracts, and (iv) provide lien waivers to the City upon request. Page 4 4. STANDARD BUSINESS TERMS AND CONDITIONS 4.1 AVAILABILITY OF APPROPRIATION: This Agreement is contingent upon and subject to the availability of funds. The City, at its sole option, may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required, if a reduction in funding is necessary or advisable based upon actual or projected budgetary considerations. Vendor will be notified in writing of the failure of appropriation or of a reduction or decrease. 4.2 AUDITIRETENTION OF RECORDS: Vendor and its subcontractors shall maintain books and records relating to the performance of the Agreement or subcontract and necessary to support amounts charged to the City under the Agreement or subcontract. Books and records, including information stored in databases or other computer systems, shall be maintained by Vendor for a period of three years from the later of the date of final payment under the Agreement or completion of the Agreement, and by the subcontractor for a period of three years from the later of final payment under the term or completion of the subcontract. If federal funds are used to pay contract costs, Vendor and its subcontractors must retain its records for five years. Books and records required to be maintained under this section shall be available for review or audit by representatives of the City upon reasonable notice and during normal business hours. Vendor and its subcontractors shall cooperate fully with any such audit and with any investigation conducted by any of these entities. Failure to maintain books and records required by this section shall establish a presumption in favor of the City for the recovery of any funds paid by the City under the Agreement for which adequate books and records are not available to support the purported disbursement. Vendor or subcontractors shall not impose a charge upon the City for audit or examination of Vendor's books and records. 4.3 TIME IS OF THE ESSENCE: Time is of the essence with respect to Vendor's performance of this Agreement. Vendor shall continue to perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City. 4.4 NO WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a Party to exercise or enforce a right does not waive that Party's right to exercise or enforce that or other rights in the future. 4.5 FORCE MAJEURE: Failure by either Party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control and not due to its negligence including acts of nature, acts of terrorism, riots, labor disputes, fire, flood, explosion, and governmental prohibition. The non -declaring Party may cancel the Agreement without penalty if performance does not resume within 30 days of the declaration. 4.6 CONFIDENTIAL INFORMATIONIFOIA: Each Party, including its agents and subcontractors, to this Agreement may have or gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this Agreement. Vendor shall presume all information received from the City or to which it gains access pursuant to this Agreement is confidential. Vendor information, unless clearly marked as confidential and exempt from disclosure under the Illinois Freedom of Information Act ("FOIA"), 5 ILCS 14017 at. seq., shall be considered public. No confidential data collected, maintained, or used in the course of performance of the Agreement shall be disseminated except as authorized by law and with the written consent of the disclosing Party, either during the period of the Agreement or thereafter. The receiving Party must return any and all data collected, maintained, created or used in the course of the performance of the Agreement, in whatever form it is maintained, promptly at the end of the Agreement, or earlier at the request of the disclosing Party, or notify the disclosing Party in writing of its destruction. Upon notification by the City that it has received a Freedom of Information Act request that calls for records within the Vendor's control, the Vendor shall promptly provide all requested records to the City so that the City may comply with the request within the limited statutory timeframes required by FOIA. Vendor shall indemnify and defend the City from and against all claims arising from the City's exceptions to disclosing certain records which Vendor may designate as proprietary or confidential. Compliance by the City with an opinion or a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a violation of this Section. 4.7 USE AND OWNERSHIP: All work performed or supplies created by Vendor under this Agreement, whether written documents or data, goods or deliverables of any kind, shall be deemed work -for -hire under copyright law and all intellectual property and other laws, and the City is granted sole and exclusive ownership to all such work, unless otherwise agreed in writing. Vendor hereby assigns to the City all right, title, and interest in and to such work including any related intellectual property rights, and/or waives any and all claims that Vendor may have to such work including any so-called "moral rights" in connection with the work. Vendor acknowledges the City may use the work product for any purpose. Confidential data or information contained in such work shall be subject to confidentiality provisions of this Agreement. 4.8 INDEMNIFICATION AND LIABILITY: Vendor shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorney's fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of Vendor or Vendor's subcontractors, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. Vendor shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 at seq. Page 5 At the City Corporation Counsel's option, Vendor must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Vendor of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Project by Vendor must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. To the extent permissible by law, Vendor waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Vendor that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 at seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 III. 2d 155 (1991). The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. Vendor shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its subcontractors' work. Acceptance of the work by the City will not relieve Vendor of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. All provisions of this Section 4.8 shall survive completion, expiration, or termination of this Agreement. 4.9 INSURANCE: Vendor shall, at its own expense, secure and maintain in effect throughout the duration of this contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services and work hereunder by Vendor, its agents, representatives, employees or subcontractors. Vendor acknowledges and agrees that if it fails to comply with all requirements of this Section 4.9, the City may void this Agreement. Vendor must give to the City Certificates of Insurance identifying the City to be an additional insured for the services required pursuant to the Agreement before City staff recommends award of the contract to City Council. Any limitiations or modifications on the Certificate of Insurance issued to the City in compliance with this Section that conflict with the provisions of this Section 4.9 shall have no force and effect. If requested, Vendor shall give the City a certified copy(ies) of the insurance pollcyres) evidencing the amounts set forth in this Section. The policies must be delivered to the City within two (2) weeks of the request. All insurance policies shall be written with insurance companies licensed or authorized to do business in the State of Illinois and having a rating of not less than A-VII according to the A.M. Best Company. Should any of the insurance policies be canceled before the expiration date, the issuing company will mail thirty (30) days written notice to the City. Vendor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein. Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. Vendor shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Vendor, and insuring Vendor against claims which may arise out of or result from vendor's performance or failure to perform hereunder: a) Worker's compensation in statutory limits and employer's liability insurance in the amount of at least five hundred thousand dollars ($500,000); b) Comprehensive general liability coverage which designates the City as an additional insured for not less than one million dollars ($1,000,000) combined single limit for bodily injury, death and property damage, per occurrence, c) Comprehensive automobile liability insurance covering owned, non -owned, and leased vehicles for not less than one million dollars ($1,000,000) combined single limit for bodily injury, death, or property damage, per occurrence; and d) Errors and omissions or professional liability insurance respecting any insurable professional services hereunder in the amount of at least one million dollars ($1,000,000). Vendor's certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to the City. Vendor shall promptly forward new certificate(s) of insurance evidencing the coverage(s) required herein upon annual renewal of the subject policies. Vendor understands that the acceptance of Certificates of Insurance, policies, and any other documents by the City in no way releases Vendor and its subcontractors from the requirements set forth herein. Vendor expressly agrees to waive its rights, benefits and entitlements under the "Other Insurance" clause of its commercial general liability insurance policy as respects the City. In the event Vendor fails to purchase or procure insurance as required above, the parties expressly agree that Vendor shall be in default under this Agreement, and that the City may recover all losses, attorney's fees and costs expended in pursuing a remedy, or reimbursement, at law or in equity, against Vendor. 4.10 INDEPENDENT CONTRACTOR: Vendor shall act as an independent contractor and not an agent or employee of, or joint venturer with the City. All payments by the City shall be made on that basis. 4.11 SOLICITATION AND EMPLOYMENT: Vendor shall not employ any person employed by the City during the term of this Agreement to perform any work under this Agreement. Vendor shall give notice immediately to the City if Vendor solicits or intends to solicit City employees to perform any work under this Agreement. 4.12 COMPLIANCE WITH THE LAW: Vendor, its employees, agents, and subcontractors shall comply with all applicable federal, state, and local laws, rules, ordinances, regulations, orders, federal circulars and all license and permit requirements in the performance of this Agreement. Vendor shall be in compliance with applicable tax requirements and shall be current in payment of such taxes. Vendor shall obtain at its own expense, all licenses and permissions necessary for the performance of this Agreement. 4.13 BACKGROUND CHECK: Whenever the City deems it reasonably necessary for security reasons, the City may conduct at its expense, criminal and driver history background checks of Vendor's and subcontractors officers, employees or agents. Vendor or subcontractor shall reassign immediately any such individual who, in the opinion of the City, does not pass the background check. 4.14 APPLICABLE LAWNENUE: This Agreement shall be construed in accordance with and is subject to the laws and rules of the City of Evanston and the State of Illinois. The Department of Human Rights' Equal Opportunity requirements (44111, Adm. Code 750) are incorporated by reference. The City shaft not enter into binding arbitration to resolve any dispute related to this Agreement. The City does not waive tort immunity by entering into this Agreement. In compliance with the Illinois and federal Constitutions, the Illinois Human Rights Act, the U. S. Civii Rights Act, and Section 504 of the federal Rehabilitation Act and other applicable laws and rules, the City does not unlawfully discriminate in employment, contracts, or any other activity. Venue for any action out of or due to this Agreement shall be in Cook County, Illinois. 4.15 ANTI-TRUST ASSIGNMENT: If Vendor does not pursue any claim or cause of action it has arising under antitrust laws relating to the subject matter of the Agreement, then upon request of the City's Corporation Counsel, Vendor shall assign to the City rights, title and interest in and to the claim or cause of action. 4.16 CONTRACTUAL AUTHORITY: The Department that signs for the City shall be the only City entity responsible for performance and payment under the Agreement. When the City's authorized designee signs in addition to an Department, they do so as approving officer and shall have no liability to Vendor. 4.17 NOTICES: Notices and other communications provided for herein shall be given in writing by registered or certified mail, return receipt requested, by receipted hand delivery, by courier (UPS, Federal Express or other similar and reliable carrier), by e-mail, or by fax showing the date and time of successful receipt. Notices shall be sent to the individuals who signed the Agreement using the contact information following the signatures. Each such notice shall be deemed to have been provided at the time it is actually received. By giving notice, either Party may change the contact information. 4.18 MODIFICATIONS AND SURVIVAL: Amendments, modifications and waivers must be in wring and signed by authorized representatives of the Parties. Any provision of this Agreement officially declared void, unenforceable, or against public policy, shall be ignored and the remaining provisions shall be interpreted, as far as possible, to give effect to the Parties' intent. All provisions that by their nature would be expected to survive, shall survive termination. In the event of a conflict between the City's and Vendor's terms, conditions and attachments, the City's terms, conditions and attachments shall prevail. 4.19 PERFORMANCE RECORD 1 SUSPENSION: Upon request of the City, Vendor shall meet to discuss performance or provide contract performance updates to help ensure proper performance of the Agreement. The City may consider Vendor's performance under this Agreement and compliance with law and rule to determine whether to continue the Agreement, suspend Vendor from doing future business with the City for a specified period of time, or to determine whether Vendor can be considered responsible on specific future contract opportunities. 4.20 FREEDOM OF INFORMATION ACT: This Agreement and all related public records maintained by, provided to or required to be provided to the City are subject to the Illinois Freedom of Information Act notwithstanding any provision to the contrary that may be found in this Agreement. 4.21 SUCCESSORS AND ASSIGNS: The City and Vendor each bind themselves and their partners, successors, executors, administrators, and assigns to the other party of the Agreement and to the partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Agreement. Neither the City nor Vendor shall assign, sublet, or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body, which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the City and Vendor. 4.22 NON -WAIVER OF RIGHTS: No failure of either party to exercise any power given to it hereunder or to insist upon strict compliance by the other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof, nor any payment under this Agreement shall constitute a waiver of either party's right to demand exact compliance with the terms hereof. 4.23 SEVERABILITY: Except as otherwise provided herein, the invalidity or unenforceability of any particular provision, or part thereof, of this Agreement shall not affect the other provisions, and this Agreement shall continue in all respects as if such invalid or unenforceable provision had not been contained herein. 4.24 COUNTERPARTS: For convenience, this Agreement may be executed In any number of counterparts, each of which shall be deemed to be an original. Page 7 4.25 SAVINGS CLAUSE: If any provision of this Agreement, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of its requiring any steps, actions, or results, the remaining parts or portions of this Agreement shall remain in full force and effect. Page 8 5. STANDARD CERTIFICATIONS Vendor acknowledges and agrees that compliance with this section and each subsection for the term of the Agreement and any renewals is a material requirement and condition of this Agreement. By executing this Agreement, Vendor certifies compliance with this section and each subsection and is under a continuing obligation to remain in compliance and report any non-compliance. This section, and each subsection, applies to subcontractors used on this Agreement. Vendor shall include these Standard Certifications in any subcontract used in the performance of the Agreement. If this Agreement extends over multiple fiscal years including the initial term and all renewals, Vendor and its subcontractors shall confirm compliance with this section in the manner and format determined by the City by the date specified by the City and in no event later than January 1 of each year that this Agreement remains in effect. If the Parties determine that any certification in this section is not applicable to this Agreement, it may be stricken without affecting the remaining subsections. 5.1 As part of each certification, Vendor acknowledges and agrees that should Vendor or its subcontractors provide false information, or fail to be or remain in compliance with the Standard Certification requirements, one or more of the following sanctions will apply: • the Agreement may be void by operation of law, • the City may void the Agreement, and • Vendor and it subcontractors may be subject to one or more of the following: suspension, debarment, denial of payment, civil fine, or criminal penalty. Identifying a sanction or failing to identify a sanction in relation to any of the specific certifications does not waive imposition of other sanctions or preclude application of sanctions not specifically identified, 5.2 Vendor certifies it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 at seq.) and applicable rules in performance under this Agreement. 5.3 Vendor certifies it is a properly formed and existing legal entity (30 ILCS 50011.15,80, 20-43); and as applicable has obtained an assumed name certificate from the appropriate authority, or has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State, 5.4 If Vendor, or any officer, director, partner, or other managerial agent of Vendor, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Vendor certifies at least five years have passed since the date of the conviction. Vendor further certifies that it is not barred from being awarded a contract and acknowledges that the City shall declare the Agreement void if this certification is false (30 ILCS 500/50-10.5). 5.6 Vendor certifies that it and Us affiliates are not delinquent in the payment of any fees, fines, damages, or debts to the City. 5.6 In accordance with the Steel Products Procurement Act, Vendor certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the United States, unless the head of the procuring Department grants an exception (30 ILCS 565). 5.7 Vendor certifies it has not been convicted of bid rigging or bid rotating or any similar offense, nor has Vendor made an admission of guilt of such conduct that is a matter of record (720 ILCS 5/33 E-3, E-4). 5.8 Vendor certifies it complies with the Section 1-12-5 of the City of Evanston Code and the Illinois Department of Human Rights Act and rules applicable to public contracts, including equal employment opportunity, refraining from unlawful discrimination, and having written sexual harassment policies (775 ILCS 5/2-105). 5.9 Vendor certifies that it shall employ only persons duly licensed by the State of Illinois to perform professional services under this Agreement for which applicable Illinois law requires a license, subject to prior approval of the City. 5,10 Vendor certifies that if more favorable terms are granted by Vendor to any similar governmental entity in any state in a contemporaneous agreement let under under the same or similar financial terms and circumstances for comparable goods or services, the more favorable terms shall be applicable under this Agreement. Page 9 6.0 DISCLOSURES AND CONFLICTS OF INTEREST Section 1: Conflict of Interest Prohibited Vendor shall not have any public or private interest and shall not acquire directly or indirectly any such interest which conflicts in any manner with its performance under this Agreement. Section 2: Debarment/Legal Proceeding Disclosure (All Vendors must complete this section). Vendor must identify any of the following that occurred for it or any if its officers or directors within the previous 10 years: Debarment from contracting with any governmental entity Yes ❑ No Professional iicensure discipline Yes ❑ No Bankruptcies Yes ❑ No Adverse civil judgments and administrative findings Yes ❑ No Criminal felony convictions Yes ❑ No N' If any of the above is checked yes, please identify with descriptive information the nature of the debarment and legal proceeding. The City reserves the right to request more information, should the information need further clarification. page 11 7. SUPPLEMENTAL PROVISIONS 7.1 City Supplemental Provisions ❑ Definitions ❑ Required Federal Clauses, Certifications and Assurances ❑ ARRA Requirements (American Recovery and Reinvestment Act of 2009) ® Prevailing Wage (820 ILCS 130/1 et seq.) ❑ MANJEBE Subcontracting Requirements ❑ Other (describe) 7.2 Vendor Supplemental Provisions n Page 11 TAXPAYER IDENTIFICATION NUMBER I certify that: t. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued tome), and 2. 1 am not subject to backup withholding because: (a) i am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). • If you are an individual, enter your name and SSN as it appears on your Social Security Card. • If you are a sole proprietor, enter the owner's name on the name line followed by the name of the business and the owner's SSN or EIN. • If you are a single -member LLC that is disregarded as an entity separate from its owner, enter the owner's name on the name line and the d/bla on the business name line and enter the owner's SSN or EIN. • If the LLC is a corporation or partnership, enter the entity's business name and EIN and for corporations, attach IRS acceptance letter (CP261 or CP277). • For all other entities, enter the name of the entity as used to apply for the entity's EIN and the EK Name: /Lp,/' V1J7df'f Business Name: , ke, Taxpayer Identification Number: Social Security Number or Employer Identification Number A6—,0 iiy 6 Legal Status (check one): ❑ Individual ❑ Sole Proprietor (Partnership ❑ Legal Services Corporation ❑ Tax-exempt ❑ Corporation providing or billing medical and/or health care services ❑ Corporation NOT providing or billing medical andfor health care services Signature: et)�As (l Governmental © Nonresident alien ❑ ECity or trust 0 Pharmacy (Non -Corp.) ❑ Pharmacy/Funeral HomelCemetery (Corp.) Limited Liability Company (select applicable tax classification) ❑ D = disregarded entity ❑ C = corporation ❑ P = partnership Date: I / z-/c1 6) 3 l Page 12 Exhibit 1 - City of Evanston RFP Parks, Recreation and Community Services 2100 Ridge Avenue Evanston, Illinois 60201 T 847.328-2100 TTY 847.448.8064 www.cityofevanston.org November 30, 2012 Re: Request for Proposals — Evanston Fire Station #3 — Curb and Gutter Replacement Dear Contractor, The City of Evanston is requesting proposals from contractors to remove and replace approximately 70 linear feet of existing curb and gutter with new curb and gutter which includes an integrated footing system at Fire Station #3 (located at 1105 Central Street). This work is being performed as a result of ongoing erosion along the North Shore Channel's embankment which has caused sections of the existing curb and gutter on the west edge of the fire station's entrance driveway to separate from the pavement slab (see photo below). Contractor proposals should include lump sum pricing for complete installation of this work. Documents detailing the full scope of work are attached (Attachment A — Construction Documents). Exhibit 1 - City of Evanston RFP The selected contractor shall provide the City with a certificate of insurance naming the City as additional insured within five business days of notification of award. The certificate of insurance shall meet or exceed the minimum requirements set forth in Attachment B — Insurance Requirements. Additionally, the selected contractor shall sign the attached City of Evanston contract (Attachment C — Contract). There is NO bid deposit or bid bond required for this project. The contractor shall pay prevailing wages in accordance with the law and the provisions of Chapter 48, paragraph 39S-1 inclusive, of the Illinois Revised Statutes 1985. The contractor shall comply with Certified Payroll Requirement in accordance with Public Act 94-0515, effective August 1, 2005. Contractors shall sign and submit Attachment D — Certificate of Compliance with Prevailing Wage Rate Act with their proposals. Please provide your proposals to: City of Evanston Parks, Recreation and Community Services 2100 Ridge Avenue Evanston, Illinois 60201 Attn: Stefanie Levine sievine ancitvofevanston.orq Proposals must be submitted by 12:00pm on December 7, 2012 to be considered for this opportunity. Work is anticipated to be performed in December 2012 as weather allows or as soon as possible in the spring of 2013 should winter conditions preclude earlier installation. If you have questions, please do not hesitate to contact me at 847-448-8043 or slevine0citvofevanston.ora. Sincerely, Stefanie D. Levine, RLA Assistant Superintendent Parks, Recreation and Community Services Gity bF _ anstdn F� RI yet AM EVANSTON FIRE STATION 3 REMOVE AN REPLACE APPROXIMA Y 70 LF OF EXSITING C AND GUTTER „ WITH NEW 16 AND GUTTER - WIT L FOOTINGS. SAW CUT E11 4; FIRE STATION #3 CURB AND GUTTER REPLACEMENT PLAN, NORTH SCALE: 1 "= 20' E'-V AT 2' ..mot GONG pity of Evanston RFP EasT L 'O�COATEpQ yJEI �t 12A OO GPRPpSa lND CUNT BO.R0M OF BA..-�~ OF �� N0� EyySTNGO'mvAA pT AOSAp FOOa NG t. Aw GNllsll vim£ Cj BOTIONM SNGIEPOUR q000 2 PNp zfe CURS ELE�Ai10N I.1 A. 1.2 A. 1.3 A. 1.4 A. 1.5 A. B. C. D. 2.1 A. 2.2 A. B. Exhibit 1 - City of Evanston RFP SECTION 03300 CAST -IN -PLACE CONCRETE PART1-GENERAL RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division I Specification Sections, apply to this Section. SUMMARY This Section specifies cast -in -place concrete, including reinforcement, concrete materials, mix design, placement procedures, and finishes. REFERENCES Codes and Standards 1. Concrete work shall conform to the requirements of ACI 301.89 "Specifications for Structural Concrete for Buildings," except as modified by the supplemental requirements below. 2. ASTM American Society for Testing and Materials Standards 3. IDOT Illinois Department of Transportation "Standard Specification for Road and Bridge Construction" SUBMITTALS Design Mixes: For each concrete mix. QUALITY CONTROL hnstaller Qualifications: An experienced installer who has completed concrete work similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. Manufacturer Qualifications: A firm experienced in manufacturing ready -mixed concrete products complying with ASTM C 94 requirements for production facilities and equipment. Source Limitations: Obtain each type of cement of the same brand from the same manufacturer's plant, each aggregate from one source, and each admixture from the same manufacturer. Comply with ACI 301, "Specification for Structural Concrete," including the following, unless modified by the requirements of the Contract Documents. 1. General requirements, including submittals, quality assurance, acceptance of structure, and protection of in -place concrete. 2. Formwork and form accessories. 3. Steel reinforcement and supports. 4. Concrete mixtures. 5. Handling, placing, and constructing concrete. PART2-PRODUCTS FORMWORK Furnish formwork and form accessories according to ACI 301. STEEL REINFORCEMENT Reinforcing Bars: ASTM A 615, Grade 60, deformed. Supports for reinforcement: provide supports for reinforcement including bolsters, chairs, spacers and other devices for spacing, supporting and fastening reinforcing bars. Use wire bar type supports complying with CRSI recommendations, unless otherwise indicated. Wood, brick and other devices will not be acceptable. 1. For slabs -on -grade, use supports with sand plates or horizontal runners where base material will not support chair legs. 2. For exposed to view concrete surfaces, where legs of supports are in contact with forms, provide supports with legs which are hot -dip galvanized or plastic protected or stainless steel protected. CONCRETE MATERIALS Portland Cement: ASTM C 150, Type I, unless otherwise approved by the Owner. Type III may be used for high early strength concrete. Use one brand of cement throughout the project. FIRE STATION #3 CURB AND GUTTER REPLACEMENT CAST IN PLACE CONCRETE 03300 -1 Exhibit 1 - City of Evanston RFP D. Normal -Weight Aggregate: ASTM C 33, uniformly graded, not exceeding one -fifth of the narrowest dimension between sides of forms, one-third of the depth of slabs or three -fourths of the minimum clear spacing between individual reinforcing bars or bundles of bars. E. Water: Clean, fresh, potable and complying with ASTM C 94. 2.4 ADMIXTURES A. General: Admixtures certified by manufacturer to contain not more than 0.1 percent water-soluble chloride ions by mass of cement and to be compatible with other admixtures. Do not use admixtures containing calcium chloride. B. Air -Entraining Admixture: ASTM C 260. C. Water -Reducing Admixture: ASTM C 494, Type A. D. High -Range, Water -Reducing Admixture: ASTM C 494, Type F. E. Water -Reducing and Accelerating Admixture: ASTM C 494, Type E. F. Water -Reducing and Retarding Admixture: ASTM C 494, Type D. 2.5 OTHER MATERIALS A. Chemical hardener: colorless aqueous solution containing a blend of magnesium flosilicate and zinc flosilicate combined with a wetting agent, containing not less than 2 pounds of flosilicates per gal. 2.6 CURING MATERIALS A. Absorptive Cover: AASI-ITO M 182, Class 3, burlap cloth made from jute or kenaf, weighing approximately 9 oz./sq. yd. dry. B. Moisture -Retaining Cover: ASTM C 171, polyethylene film or white burlap -polyethylene sheet. C. Water: Potable, D. Membrane -Forming Curing Compound: ASTM C 309, Type 1, Class B. 2.7 PROPORTIONING AND DESIGN OF CONCRETE MIXES A. Prepare design mixes for each type and strength of concrete by either laboratory trial batch or field experience methods as specified in ACI 301. If trial batch method is used, use an independent testing facility acceptable to the Owner for preparing and reporting proposed mix designs. B. Submit written reports to the Owner of each proposed mix for each class of concrete at least 15 days prior to start of work. Do not begin concrete production until mixes have been reviewed and approved by Owner. C. Design mixes to provide normal weight concrete with the following properties, as indicated on drawings and specifications: 1. 3500 psi. 28-day compressive strength; W/C ratio, 0.51 maximum (non -air -entrained), 0.40 maximum (air -entrained). D. Admixtures 1. Use water -reducing admixture or high -range, water -reducing admixture (super placticizer) in concrete as required for placement and workability. 2. Use non -chloride accelerating admixture in concrete slabs placed at ambient temperatures below 50 degrees F. 3. Use air -entraining admixture in exterior exposed concrete, unless otherwise indicated. Add air - entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having total air content with a tolerance of plus -or -minus 1-1/2 percent within the following limits: a. 4.5 percent for 1-1/2 inches maximum aggregate. b. 5.0 percent for 1 inch maximum aggregate. C. 6.0 percent for 3/4 inch maximum aggregate. d. 7.0 percent (severe exposure) Yz inch maximum aggregate. 4. For other concrete: air -entraining at the time of placement shall be 3 percent or minus 1 percent tolerance. 5. Use admixtures for water -reducing and set control in strict compliance with manufacturer's directions. E. Adjustment to Concrete Mixes: mix design adjustments may be requested by the Contractor when characteristics of materials, job conditions, weather, test results or other circumstances warrant; at no additional cost to the Owner and as accepted by the Owner. Laboratory test data for revised mix design and strength results must be submitted to and accepted by the Owner before using in work. F. Slump Limits: proportion and design mixes to result in concrete slump at point of placement as follows: I. Slabs and sloping surfaces: not more than three (3) inches. FIRE STATION #3 CURB AND GUTTER REPLACEMENT CAST IN PLACE CONCRETE 03300 - 2 Exhibit 1 - City of Evanston REP 2. Reinforced foundation systems: not less than one (1) inch and not more than four (4) inches. 3. Concrete containing HRWR admixture (super plasticizer): not more than eight (8) inches after addition of HRWR to verify two (2) to three (3) inches slump concrete. 4. Other concrete: not more than four (4) inches. G. Ready -mix Concrete: comply with requirements of ASTM C94 and as herein specified. I. During hot weather, or corder conditions contributing to rapid setting of concrete, a shorter mixing time than specified in ASTM C94 may be required. a. When air temperature is between 85 degrees F and 90 degrees F, reduce mixing and delivery time from 1-V2 hours to 75 minutes, and when air temperature is above 90 degrees F, reduce mixing and delivery time to 60 minutes. PART 3-EXECUTION 3.1 INSPECTION A. Examine subgrade on which concrete work is to be placed for improper grade, poor compaction, or other conditions which will adversely affect execution or quality of the work. B. Do not place concrete until conditions are satisfactory. 3.2 FORMWORK A. Forms for Exposed Finish Concrete: unless otherwise shown or specified, construct formwork for exposed concrete surfaces with plywood, metal, meta -framed plywood faced or other acceptable panel - type materials, to provide continuous, straight, smooth exposed surfaces. Famish largest practicable sizes to minimize number of joints and to conform to joint system shown on drawings. Provide form material with sufficient thickness to withstand pressure of newly placed concrete without bow or deflection. 1. Use overlaid plywood complying with U.S. Product Standard PS.1 `B-B High -Density Overlaid Concrete Form," Class 1. B. Form Coatings: provide commercial formulation form -coating compounds that will not bond with, stain, nor adversely affect concrete surfaces and will not impair subsequent treatment of concrete surfaces to be cured with water or curing compound. C. All forms shall be free from warp and substantial enough to maintain their shape and position without springing or settlement when the concrete is placed and mechanically vibrated. Forms shall be staked, braced and/or securely tied. Forms shall be new; or if used forms are to be used, they must be clean and approved by the Owner. Construct formwork so that concrete structures are of correct size, shape, alignment, elevation and position. D. All forms or liner joints shall be tightly and evenly butted. The damaged edges reused high -density overlay plywood form liners shall be reworked as required to maintain tight joints. Severely damaged liners will be rejected. E. Joints in form liners at concrete surfaces shall be taped to prevent leakage. F. Horizontal joints in liners of formwork for concrete are not permitted above finish grade. G. To avoid marking or staining of concrete or uneven curing effect, the forms shall be entirely removed in rapid sequence between expansion joints or other natural termination points. H. Forms shall be thoroughly cleaned and wetted prior to placing concrete. Forms shall be complete for each pour, in correct alignment, shape and elevation, and shall be inspected and approved by the inspector prior to placing concrete. I. Form ties: factory -fabricated, adjustable -length, removable or snap -off metal form ties, designed to prevent form deflection and to prevent spatting concrete surfaces upon removal. 3.3 STEEL REINFORCEMENT A. Comply with CRSPs "Manual of Standard Practice" for fabricating, placing, and supporting reinforcement. B. Clean reinforcement of loose rust and mill scale, earth, ice and other materials which reduce or destroy bond with concrete. C. Accurately position, support and secure reinforcement against displacement by formwork, construction or concrete placement operations. Locate and support reinforcing by metal chairs, runners, bolsters, spacers and hangers as required. D. Place reinforcement to obtain at least the minimum coverage of concrete protection. Arrange, space and securely tie bars and bar supports to hold reinforcement in position during concrete placement operations. Set wire ties to ends are directed into concrete, not toward exposed concrete surfaces. FIRE STATION #3 CURB AND GUTTER REPLACEMENT CAST IN PLACE CONCRETE 03300 - 3 3.4 A. B. C. 3.5 A. B. C. 3.6 In A. B. C. D. 3.7 A. B. C. D. E. 3.8 A. Exhibit 1 - City of Evanston RFP JOINTS General: Construct joints true to line with faces perpendicular to surface plane of concrete. Control Joints: Place control joints perpendicular to main reinforcement and at 15'-0" on center. Continue all reinforcement across construction joints. Construct contraction joints for a depth equal to at least one -fifth of the concrete thickness. Expansion Joints: Place Y:" expansion joints perpendicular to main reinforcement and at 45'-0" on center. 1. Pre -molded joint filler strips shall be installed so as to leave a void of inch depth for installation of a sealing compound. Accurately position and support filler strips against displacement. 2. Expansion joints shall include installation of 18" long x 1/2" diameter epoxy coated steel dowels, rigidly bonded on -half their length into one side, piercing the pre -molded joint filler and wrapped with tar paper for slippage in the other side to assure continuous horizontal and vertical alignment. CONCRETEPLACEMENT Comply with recommendations in ACI 304R for measuring, mixing, transporting, and placing concrete. Do not add water to concrete during delivery, at Project site, or during placement. Placing Concrete in Forms I. Deposit concrete continuously or in layers of such thickness that no concrete will be placed on concrete which has hardened sufficiently to cause the formation of seams or planes of weakness within the section. 2. If a section cannot be placed continuously, provide construction joints as herein specified. 3. Deposit concrete as nearly as practicable to its final location to avoid segregation due to rehandling or flowing. Consolidation and Vibration 1. Consolidate placed concrete by mechanical vibrating equipment supplemented by hand -spading, rodding or tamping. Using equipment and procedures for consolidation of concrete in accordance with the recommended practices of ACI 309 to suit the type of concrete and project conditions. 2. Do not use vibrators to transport concrete inside of forms. Insert and withdraw vibrators vertically at uniformly spaced locations not farther than the visible effectiveness of the machine. 3. Place vibrators to rapidly penetrate the placed layer of concrete and at least 6 inches into the preceding layer. Do not insert vibrators into lower layers of concrete that have begun to set. 4. At each insertion limit the duration of vibration to the time necessary to consolidate the concrete and complete embedment of reinforcement and other embedded items without causing segregation ofthe mix. COLD WEATHER PLACING Comply with ACI 306 to protect all concrete work from physical damage and reduced strength which could be caused by frost, freezing actions or low temperature. When air temperature has fallen to, or is expected to fall below 40 degrees F., uniformly heat all water and aggregates before mixing as required to obtain a concrete mixture temperature of not less than 50 degrees F. and not more than 80 degrees F. at point of placement. Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials. Do not use calcium chloride, salt and other materials containing anti -freeze agents or chemical accelerators unless otherwise accepted in the mix designs. HOT WEATHER PLACING Comply with ACI 305 when hot weather conditions exist that would seriously impair the quality and strength of concrete. Cool ingredients before mixing to maintain concrete temperature at time of placement below 90 degrees F. Mixing water may be chilled, or chopped ice may be used to control the concrete temperature, provided the water equivalent of the ice is calculated to the total amount of mixing. Cover reinforcing steel with water -soaked burlap if it becomes too hot so that the steel temperature will not exceed the ambient air temperature immediately before embedment in concrete. Wet forms thoroughly before placing concrete. Do not use retarding admixtures, unless otherwise accepted in the mix designs. FINISHING FORMED SURFACES Broom Finish: Apply a medium broom finish to all exposed concrete surfaces. I. Immediately after float finishing, slightly roughen trafficked surface by brooming with fiber - bristle broom perpendicular to main traffic route. FIRE STATION #3 CURB AND GUTTER REPLACEMENT CAST IN PLACE CONCRETE 03300 - 4 Exhibit 1 - City of Evanston RFP 3.9 TOLERANCES A. Comply with ACI 117, "Specifications for Tolerances for Concrete Construction and Materials." 3.10 CONCRETE PROTECTION AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold -weather protection, and follow recommendations in ACI 305R for hot - weather protection during curing. B. Duration of Curing 1. The curing shall continue until the cumulative number of hours or fractions thereof, during which temperature of the air in contact with the concrete is above 50 degrees F., has totaled at least 168 hours. 2. Rapid drying at the end of the curing period shall be prevented. C. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or windy conditions cause moisture loss approaching 0.2 lb/sq. ft. x h before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing. D. Begin curing after finishing concrete, but not before free water has disappeared from concrete surface. E. Curing Methods: Cure formed and unformed concrete for at least seven days by moisture curing, moisture -retaining -cover curing, curing compound, or a combination of these as follows: 1. Moisture Curing: Keep surfaces continuously moist for not less than seven days with the following materials: a. Water. K Continuous water -fog spray. C. Absorptive cover, water saturated and kept continuously wet. Cover concrete surfaces and edges with 12-inch lap over adjacent absorptive covers. 2. Moisture -Retaining -Cover Curing: Cover concrete surfaces with moisture -retaining cover for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches, and sealed by waterproof tape or adhesive. Immediately repair any holes or tears during curing period using cover material and waterproof tape. 3. Curing Compound: Apply uniformly in continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial application. Maintain continuity of coating and repair damage during curing period. 3.11 FIELD QUALITY CONTROL A. Testing Agency: Engage a qualified independent testing and inspecting agency to sample materials, perform tests, and submit test reports during concrete placement according to requirements specified in this Article. Perform tests according to ACT 301. 3,12 REPAIRS A. Remove and replace concrete having defective surfaces if defects cannot be repaired to the satisfaction of the Owner. Surface defects, as such, include color and texture irregularities, cracks, spalls, air bubbles, honeycomb, rock pockets, fins and other projections on surface, and stains and other discoloration that cannot be removed by cleaning. B. Repair and patch defective areas with cement mortar immediately after removal of forms, but only when acceptable to the Owner. 1. Cut out honeycomb, rock pockets, voids over % inch in any dimension and holes left by tie rods and bolts down to solid concrete, but in no case to a depth of less than 1 inch. Make edges of cuts perpendicular to the concrete surface. Before placing cement mortar or proprietary patching compound, thoroughly clean, dampen with water and brush -coat the area to be patched with neat cement grout, or proprietary bonding agent. C. For exposed -to -view surfaces, blend white Portland cement and standard Portland cement so that, when dry, patching mortar will match surrounding color. Provide test areas at inconspicuous locations to verify mixture and color match before proceeding with patching. Compact mortar in place and strike off slightly higher than surrounding surface. D. Finish of final repaired surface to match finish specified in 3.8. END OF SECTION 03300 FIRE STATION #3 CURB AND GUTTER REPLACEMENT CAST IN PLACE CONCRETE 03300 - 5 TYPE OF INSURANCE Thirty day notice of cancellation required on all certificates Commercial General Liability including: 1. Comprehensive form 2. Premises - Operations 3. Explosion & Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard 6. Contractual Insurance - With an endorsement on the face of the certificate that it includes the "Indemnity" paragraph of the specifications. 7. Broad Form Property Damage - construction projects only. 8. Independent contractors 9. Personal Injury. Automobile Liability Owned, Non -owned or Rented Workmen's Compensation and Occupational Diseases Exhibit 1 - City of Evanston RFP ATTACHMENT B INSURANCE REQUIREMENTS MINIMUM INSURANCE COVERAGE Consequent Death Each Occurrence $3,000,000 $500,000 As required by applicable laws. Bodily Injury and Property Damaae Aaareaate $3,000,000 The Insurance Certificate Must State That The City Of Evanston is Named as Additional Insured $1,000,000 Employer's Liability $500,000 �t2/2012 WED 14:50 FAX 8478694027 IM002/002 Exhibit 1 - City of Evanston RFP Attachment D Certificate of Compliance with Prevailing Wage Rate Act CERTIFICATE OF COMPLIANCE WITH PREVAILING WAGE RATE ACT The undersigned, upon being first duly sworn, hereby certifies to the City of Evanston, Cook, County, Illinois, that all work under this contract shall oomply with the Prevailing Wage Rate Act of the State of Illinois, Illinois Compiled Statutes, 1987, Chapter 820, par, 130131, at. seq, and as amended by Public Acts 86- 799 and 86-693 and our current city resolution, with rates to be paid in effect at time work is performed. Contractors shall submit monthly certified payroll records to the city. tName of Contractor: f �p By: pa-ka 4 7 tJ By: State of 1--wl'b/ .t ), ss County of Subppribed and sworn to bef a me this /c3 day o€/ f-' Notary Pub ko*4wn—)