2022-05-16 - Ordinance 2022-053 - AUTHORIZING EXECUTION OF A CONTRACT WITH RW COLLINS COMPANY FOR UNDERGROUND STORAGE TANK REMOVAL SERVICES ORDINANCE NO. 2022-053
AN ORDINANCE AUTHORIZING EXECUTION OF A CONTRACT WITH RW COLLINS COMPANY FOR
UNDERGROUND STORAGE TANK REMOVAL SERVICES
WHEREAS, the Village of Buffalo Grove is a home rule unit pursuant to the Illinois Constitution of
1970; and
WHEREAS, the Village sought out companies qualified to provide the requested services and
materials; and
WHEREAS,the Village engaged in a competitive procurement process to obtain the blest value for
money.
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO,GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows-
SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance
as if fully set forth herein.
SECTION 2. The Village Manager is authorized to execute a contract with RW Collins Company at a price
not to exceed $143,335.00 pending review and approval by the Village Attorney.The not to exceed price
includes the twenty percent contingency.
SECTION 3. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the
invalidity thereof shall not affect any other provision,of this Ordinance.
SECTION 4., This Ordinance shall be in full force and effect from and after its passage and approval and
not be codified.
AYES: 6—St i t n hei me rWeid enfe 1djqtj_qson,Smith,P i ke
NAPES: 0—None
ABSENT: 0—None
PASSED: May 16,2022
APPROVED: MAyI6,20L2
APPROVED:
Vevv?rl,S.ssm Wage President
ATTEST:
Janet Nlian,Vi'I'lage,Cl0rk
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PUBLIC SERVICES CENTER UST REMOVAL
Public Services Center Underground Storage Tank Removal(the"Contract")is entered between the Village
of Buffalo Grove (hereinafter the "Village" or "Owner"), an Illinois home-rule unit of government, and
,,i. an [ ] (hereinafter the "Contractor") on this 16th day of
May. 2022(the"Effective Date"). The Village and the Contractor are hereinafter sometimes collectively referred
to as the"Parties"and individually as a"Party".
RECITALS
WHEREAS,the Village has solicited bids for the Work(defined below), Contractor has submitted a bid
for the Work and Village has selected Contractor for the Work based on their bid;and
WHEREAS,the Contractor wishes to enter into this Contract with the Village and the Village wishes to
enter into this Contract with the Contractor for the Work;
NOW THEREFORE,for and in consideration of the mutual covenants and promises herein contained,the
adequacy and sufficiency of which are hereby acknowledged by the Parties, it is agreed as follows:
ARTICLE I-WORK TO BE DONE BY THE CONTRACTOR
The Village does hereby hire and contract with the Contractor to provide all the labor,equipment,materials
and/or services described more thoroughly on Contract Exhibit A (the "Work") which is incorporated into the
Contract by this reference.
ARTICLE II-CONTRACT DOCUMENTS
The following exhibits are attached hereto and incorporated herein by this reference:
Contract Exhibit A—Summary of the Work and Plan Set
Contract Exhibit B—Schedule of Prices
Contract Exhibit C—Performance and Payment Bond
Contract Exhibit D—Partial Lien Waiver
Contract Exhibit E—Final Lien Waiver
Contract Exhibit F—Special Instructions to Bidders
Contract Exhibit G—Project Specifications
Contract Exhibit H—Environmental Investigation Report
If any term or provision of this Contract shall conflict with any term or provision of the exhibits referenced
above, the terms and provisions of the exhibit shall control.
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ARTICLE III-CONTRACT AMOUNT
The Village agrees to pay the Contractor for the proper and timely performance of the Work in strict
accordance with this Contract as detailed in Contract Exhibit B (the "Schedule of Prices") Unless explicitly
provided otherwise in this Contract, the detailed sums shall be the full and exclusive compensation owed to the
Contractor for the Work;and Contractor may not seek additional payments from the Village.
The Village of Buffalo Grove reserves the right to reject a proposed price increase and terminate the
Contract.
ARTICLE IV—APPLICATION FOR PAYMENT
The Contractor shall be paid at most once a month and only after providing the Village the following:
1. An executed and notarized Contractor's Sworn Statement in a form similar to AIA G702 or AIA G703;
2. Either a partial or final lien waiver from every subcontractor,sub-subcontractor,or materialman in
substantially the same form as attached here as Contract Exhibit D and Contract Exhibit E;
3. Sworn statement as required in ARTICLE XXV Item F of this Contract complying with the Prevailing
Wage Act; and
All payments under this Contract must be approved by the Village's Board at regularly scheduled meetings. The
Village reserves the right to request any receipts, invoices,proof of payments as the Village, in its sole discretion,
may deem necessary to justify the payment requested prior to paying the requested payment. The Contractor shall
furnish with his final application for payment a Final Lien Waiver from itself and, if not already provided, from
every subcontractor and materialman of the Work.
The Contractor acknowledges that the Village is a unit of local government and that all payments under the Contract
are subject to the Local Government Prompt Payment Act, 50 ILCS 505 et seq. To that extent, the Village shall
have forty-five calendar(45)days from receipt of a bill or invoice to pay the same before it is considered late under
the Contract. Interest,if any,charged for any late payments will be subject to the interest rate caps specified in the
Prompt Payment Act.
ARTICLE V—CONTRACT TIME
Term. At substantial completion, the Contractor shall provide the Director of Public Works or their authorized
representative written notice. The Contractor will have fourteen (14) calendar days to correct any deficiencies
following the scheduled final inspection and punch list submittal by the Director of Public Works. The Contractor
shall fully, and not substantially, complete all the Work and the Work shall be accepted by the Director of Public
Works,provided that acceptance by the Director of Public Works shall not be unreasonably delayed, on or before
Friday July 22,2022.
If the Contractor shall fail to complete the work within the Contract Time which shall include any proper extension
granted by the Village,the Contractor shall pay to the Village an amount equal to Five Hundred dollars($500)per
calendar day for each day past the Contract Time until final acceptance by the Village,as liquidated damages and
not as a penalty.
Termination of Contract. The Contract may be terminated,in whole or in part,by either party if the other party
substantially fails to fulfill its obligations under the Contract through no fault of the terminating party;or the Village
may terminate the Contract,in whole or in part,for its convenience.However,no such termination may be affected
unless the terminating party gives the other party: (1) not less than thirty (30) calendar days written notice by
certified mail of intent to terminate, and (2) an opportunity for a meeting with the terminating party before
termination.
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ARTICLE VI—PERFORMANCE and PAYMENT BOND
The Contractor shall provide the Village with a performance and payment bond in substantially the same
form as on Contract Exhibit C(the"Performance and Payment Bond")prior to Contractor beginning any Work
and within 10 calendar days of the Notice of Award sent to the Contractor.
ARTICLE VII—ACCIDENT PREVENTION
The Contractor shall exercise every precaution at all times to protect itself,the property of the Village and
the property of others. The safety provision of all applicable laws and ordinances shall be strictly observed by the
Contractor at all times. Any practice deemed hazardous or dangerous by the Director of Public Works or his
authorized representatives shall be immediately discontinued by the Contractor upon receipt of instructions from
the Director of Public Works or his authorized representatives. To the fullest extent permitted by law, the
Contractor shall be solely responsible for all safety-related matters.
ARTICLE VIII—INDEMNIFICATION
To the fullest extent permitted by law, the Contractor agrees to defend, pay on behalf of, indemnify, and
hold harmless the Village, its elected and appointed officials,agents,employees and volunteers and others working
on behalf of the Village against any and all claims, demands, suits or loss,including all costs connected therewith,
and for any damages which may be asserted, claimed or recovered against or from the Village, its elected and
appointed officials, agents, employees and volunteers and others working on behalf of the Village, by reason of
personal injury, including bodily injury and death, and/or property damage, whether damage to property of the
Village or of a third party,including loss of use thereof, rises out of or-is in any way connected or associated
with the Contract and the Work.
ARTICLE IX— CONTRACTORS INSURANCE
Contractor shall procure and maintain, for the duration of the Contract and any maintenance period,
insurance against claims for injuries to persons or damages to property,which may arise from or in connection with
the performance of the work hereunder by the Contractor,his agents,representatives,employees or subcontractors.
A. Minimum Scope of Insurance: Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village of
Buffalo Grove named as additional insured on a primary and non-contributory basis. This primary, non-
contributory additional insured coverage shall be confirmed through the following required policy
endorsements: ISO Additional Insured Endorsement CG 20 10 or CG 20 26 and CG 20 01 04 13
1. Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village named as
additional insured, on a form at least as broad as the ISO Additional Insured Endorsement CG 2010 and CG
2026
2. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto."
3. Workers' Compensation as required by the Labor Code of the State of Illinois and Employers' Liability
insurance.
4. Owners and Contractors Protective Liability(OCP)policy with the Village of Buffalo Grove as insured.
5. Builder Risk Property Coverage with Village as loss payee
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6. Environmental Impairment/Pollution Liability Coverage for pollution incidents as a result of a claim for bodily
injury, property damage or remediation costs from an incident at, on or migrating beyond the contracted
work site. Coverage shall be extended to Non-Owned Disposal sites resulting from a pollution incident at,
on or mitigating beyond the site; and also provide coverage for incidents occurring during transportation
of pollutants.
B. Minimum Limits of Insurance: Contractor shall maintain limits no less than:
1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal
injury and property damage. The general aggregate shall be twice the required occurrence limit. Minimum
General Aggregate shall be no less than$2,000,000 or a project/contract specific aggregate of$1,000,000.
2. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property
damage.
3. Workers'Compensation and Employers'Liability:Workers'Compensation coverage with statutory limits and
Employers'Liability limits of$500,000 per accident.
4. Owners and Contractors Protective Liability (OCP): $1,000,000 combined single limit per occurrence for
bodily injury and property damage.
5. Builder's Risk: Shall insure against "All Risk" of physical damage, including water damage (flood and
hydrostatic pressure not excluded), on a completed replacement cost basis.
6. Environmental Impairment/Pollution Liability: $1,000,000 combined single limit per occurrence for bodily
injury,property damage and remediation costs
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Village. At the option of
the Village, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as it
respects the Village, its officials, agents, employees and volunteers; or the Contractor shall procure a bond
guaranteeing payment of losses and related investigation,claim administration and defense expenses.
D. Other Insurance Provisions
The policies are to contain,or be endorsed to contain,the following provisions:
1. General Liability and Automobile Liability Coverages:
a. The Village, its officials, agents, employees and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Contractor;products and completed
operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles
owned,leased,hired or borrowed by the Contractor.The coverage shall contain no special limitations
on the scope of protection afforded to the Village, its officials, agents,employees and volunteers.
2. The Contractor's insurance coverage shall be primary and non-contributory as respects the Village, its
officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the Village, its
officials, agents, employees and volunteers shall be excess of Contractor's insurance and shall not contribute
with it.
3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the
Village, its officials, agents, employees and volunteers.
4. The Contractor's insurance shall contain a Severability of Interests/Cross Liability clause or language stating
that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
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5. If any commercial general liability insurance is being provided under an excess or umbrella liability policy
that does not"follow form,"then the Contractor shall be required to name the Village,its officials,employees,
agents and volunteers as additional insureds
6. All general liability coverages shall be provided on an occurrence policy form. Claims-made general liability
policies will not be accepted.
7. The contractor and all subcontractors hereby agree to waive any limitation as to the amount of contribution
recoverable against them by the Village. This specifically includes any limitation imposed by any state statute,
regulation, or case law including any Workers' Compensation Act provision that applies a limitation to the
amount recoverable in contribution such as Kotecki v. Cyclops Welding
E. All Coverages:
1. No Waiver. Under no circumstances shall the Village be deemed to have waived any of the insurance
requirements of this Contract by any act or omission, including,but not limited to:
a. Allowing work by Contractor or any subcontractor to start before receipt of Certificates of Insurance
and Additional Insured Endorsements.
b. Failure to examine, or to demand correction of any deficiency, of any Certificate of Insurance and
Additional Insured Endorsement received.
2. Each insurance policy required shall have the Village expressly endorsed onto the policy as a Cancellation
Notice Recipient. Should any of the policies be cancelled before the expiration date thereof, notice will be
delivered in accordance with the policy provisions.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business
in the State of Illinois.
G. Verification of Coverage
Contractor shall furnish the Village with certificates of insurance naming the Village, its officials,
agents, employees, and volunteers as additional insured's and with original endorsements, affecting
coverage required herein.The certificates and endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be
received and approved by the Village before any work commences. The Village reserves the right to request
full certified copies of the insurance policies and endorsements.
The Certificate of Insurance shall state the Village of Buffalo Grove has been endorsed as an "additional
insured"by the Vendor's insurance carrier. Specifically,this Certificate must include the following language:
"The Village of Buffalo Grove, and it's respective elected and appointed officials, employees, agents,
consultants,attorneys and representatives,are,and have been endorsed,as an additional insured under
the above reference policy number on a primary and non-contributory basis for general
liability and automobile liability coverage for the duration of the agreement term."
H. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
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I. Assumption of Liability
The contractor assumes liability for all injury to or death of any person or persons including employees of the
contractor,any subcontractor,any supplier or any other person and assumes liability for all damage to property
sustained by any person or persons occasioned by or in any way arising out of any work performed pursuant
to the Contract.
ARTICLE X=CERTIFICATE OF AUTHORITY AND SURETY CERTIFICATE
The Contractor shall furnish the Village with a current Certificate of Authority or Surety Certificate issued
by the Illinois Department of Insurance for the bonding company and insurance company they are using. In lieu of
a Certificate of Authority of Surety Certificate, the Contractor may provide certificate of good standing from the
Illinois Department of Insurance's website.
ARTICLE XI—COPYRIGHTS AND LICENSES
The Contractor agrees that all documents of any kind whatsoever, and in whatever medium expressed,
prepared by the Contractor and the Contractor's consultants in connection with the Work (collectively, the
"Documents") or otherwise pursuant to this Contract and all rights therein (including trademarks, trade names,
rights or use, copyrights and/or other proprietary rights) shall be and remain the sole property of the Village
(regardless of whether the Village or the Contractor terminates this Contract for any reason whatsoever). The
Contractor hereby agrees that the Documents are or shall be deemed to be"Works for Hire"within the meaning of
Section 101 of the Copyright Act,and the Contractor hereby assigns to the Village all right,title and interest therein.
Notwithstanding,the Contractor shall indemnify and hold harmless the Village,its appointed and elected officials,
employees,agents and volunteers from and against all claims,damages,losses,and expenses(including attorneys'
fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the
Documents and the Work.
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ARTICLE XII—NOTICE
All notices,demands,requests,consents,approvals and other communications required or permitted to be
given hereunder(a"Notice")shall be in writing and shall be deemed effective three(3)business days after mailing
if mailed by certified mail with return receipt requested and immediately if served personally,and shall be addressed
to the following:
IF TO THE VILLAGE: Village of Buffalo Grove
50 Raupp Blvd
Buffalo Grove,IL 60089
mskibbe@vbg.org
ATTN:Director of Public Works
WITH COPIES TO: Cc:pbrankin@schainbanks.com
Cc:tcwisniewski@vbg.org
IF TO THE CONTRACTOR:
ATTN:
AjjTICLE XIII—CHANGE ORDERS
If the Village requests any change to the Work the Village shall do so by delivering Notice of the same to
the Contractor and the change requested by the Village shall be effective upon receipt of the Notice by the
Contractor.The Contractor may propose a change to the Work by delivering Notice of the proposed change along
with a description of the changes full effect on the Work to the Village;provided, such requested change shall not
be deemed accepted until the Village has delivered to the Contractor Notice of the same. Prior to approving a
proposed change to the Work by the Contractor,the Village may request such additional documentation as it deems
necessary to investigate the proposed change. The Contractor shall be responsible for informing all its employees
and subcontractors of any changes to the Work,whether such change is requested by the Contractor or the Village.
ARTICLE XIV—CONSTRUCTION WORK PERIODS
The Contractor shall provide Notice to the Village prior to the Contractor,or its employees or
subcontractors,starting the Work or any phase of the Work.All work shall be confined to the period beginning at
7:00 AM and ending at 6:00 PM on weekdays and 8:00 AM to 6:00 PM on Saturdays.No work shall be done on
Sundays or legal holiday periods as defined in article 107.09 of the Standard Specifications.
Any work outside the allowed time periods in accordance with the Village Ordinance,including but not
limited to,material deliveries,mobilization of equipment,warming up machinery,or truck staging,a penalty of
$1,000 per occurrence may be imposed.
ARTICLE XV—SEOUENCE OF THE WORK
The Director of Public Works shall have the power to direct the order and sequence of the Work. On any
major portion of the Work, all accessories shall be set coincident with the main construction. Payment for major
portions of the Work may be withheld until proper completion of accessories.
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ARTICLE XVI—SUPERVISION
The Director of Public Works shall have override power to superintend and direct the Work, and the
Contractor shall perform all of the Work herein specified to the satisfaction, approval and acceptance of the
Director of Public Works. The Contractor shall have at all times a competent foreman or superintendent at the
Work's site, who shall have full authority to act for the Contractor and to receive and execute orders from the
Director of Public Works, and any instructions given to such superintendent or person, executing work for the
Contractor, shall be binding on the Contractor as though it was personally given to the Contractor.
ARTICLE XVII—STANDARD OF WORK AND WORKERS
The Contractor shall employ competent staff and shall discharge, at the request of the Director of Public
Works, any incompetent, unfaithful, abusive or disorderly workers in its employ. Where experts or skilled
workers must be employed,only expert or skilled workers shall be employed.
ARTICLE XVIII—CONDITIONS OF THE WORK SITE
The Contractor shall provide and maintain such sanitary accommodations for the use of its employees as
may be necessary to comply with the State and local Board of Health requirements. Public nuisances will not be
permitted. The Contractor shall leave said Work's site(s) in the best possible condition to the complete
satisfaction of the Director of Public Works. No vehicles of any kind shall be placed, parked, or operated upon
any grass areas at any time except as authorized by the Director of Public Works or his authorized
representative. Further, the Contractor shall exercise every precaution for the protection of all persons and all
property. The safety provisions of all-applicable laws and ordinances shall be strictly observed. Any practice
hazardous in the opinion of the Director of Public Works or his authorized representatives shall be
immediately discontinued by the Contractor upon his receipt of instructions from the Director of Public Works or
his authorized representative. To the maximum extent permitted by law,the Contractor shall be responsible for all
safety-related matters.
ARTICLE XIX—CLEAN CONSTRUCTION AND DEMOLITION DEBRIS (CCDD)MATERIAL
DISPOSAL
Work under this item shall be performed in compliance with the Illinois Environmental Protection Agency
(IEPA)guidelines in effect at the time of construction.
The Contractor will be required to make all arrangements for coordination and submission of the necessary
documents with their chosen CCDD or other suitable disposal facility. Written confirmation of preliminary approval
must be provided from the disposal facility and confirmed by the Owner as acceptable.
All surplus,clean material generated from the Contractor's activities must be disposed of at an IEPA
permitted CCDD or otherwise acceptable facility.The Contractor is responsible for providing documentation to the
Village for each load hauled off-site showing the quantity of material and the location the material was disposed of.
Disposal of clean material not in compliance with these requirements will constitute breach of contract. If
the Contractor fails to provide adequate documentation supporting the legal disposal of clean material according to
this special provision,the Contractor shall be fined$1,000 per load of material and will assume all liability
associated with material disposed of not in compliance with this special provision.
No extra compensation will be allowed to the Contractor for any expenses incurred complying with these
requirements including but not limited to: delays, inconvenience,or interruptions in the work resulting from
compliance with these requirements.All costs associated with material disposal shall be included into the
appropriate unit bid prices for the work.
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ARTICLE XX—WARRANTY PERIOD
All material and workmanship shall be warranted and guaranteed according to
manufacturer's recommendation after inspection and approval by the Director of Public Works or his
designated representative. All work performed by the Contractor shall be warranted by the Contractor
following completion and final acceptance of the Work for a period of twelve (12) months from the date of
final, and not substantial,completion.
ARTICLE XXI—ACCIDENTS
In the event of any accident of any kind that involves the general public or property of the Village or a
third party, the Contractor shall immediately notify the Director of Public Works by phone as well as provide
Notice of the same. The Notice shall include a full accounting of all details of the accident. The Contractor shall
furnish the Village with copies of all reports of such accidents at the same time that the reports are forwarded
to any other interested parties.
ARTICLE XXII—NO ASSIGNMENT
If the Contractor sublets or assigns any part of the Work then the Contractor shall not under any
circumstances be relieved of its liabilities hereunder. All transactions of the Village shall be with the Contractor.
Subcontractors shall be recognized only in the capacity of employees or workmen and shall be subject to the
same requirements as to character and competence. The Contractor shall not assign, transfer, convey, sell or
otherwise dispose of the whole or any part of this Contract to any person, firm or corporation without written
consent of the Director of Public Works or his authorized representative.
ARTICLE XXIII—DEFAULT
The following shall constitute a default an"Event of Default"by the Contractor under this Contract:
A. If the Contractor shall fail to strictly observe or perform one or more of the terms,conditions,covenants
and agreements of this Contract;
B. If there shall be placed on any property owned by the Village any mechanics', materialmens' or
suppliers' lien;
C. If there shall be instituted any proceeding against the Contractor seeking liquidation,dissolution or similar
relief and the same shall not be dismissed within forty-five(45)calendar days;
D. If there shall be appointed any trustee,receiver or liquidator of the Contractor and such appointment shall
not have been vacated within forty-five(45)calendar days;and
E. If the Contractor fails to maintain or obtain any and all permits,licenses and the like, if any, required by
the Village, State or Federal governments for the Work.
Upon any Event of Default the Village shall have the option of(i)terminating the Contract;(ii)pursuing any remedy
available to it at law or in equity; or(iii)pursuing both simultaneously. In addition, upon an Event of Default,the
Village may withhold payments due to the Contractor until it has hired a replacement of the Contractor and deducted
all costs of hiring a replacement.
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AlITICLE XXIV—DELAYS
The Contractor shall not be liable in damages for delays in performance when such delay is the result of
fire, flood, strike, acts of God, or by any other circumstances which are beyond the control of the Contractor;
provided,however,under such circumstances the Village may,at its option,cancel the Contract.
ARTICLE XXV—COMPLIANCE,WITH LAWS
The Contractor shall comply with all applicable laws, regulations and rules promulgated by any federal,
state,local,or other governmental authority or regulatory body pertaining to all aspects of the Work,now in effect,
or which may become in effect during the performance of the Work. The scope of the laws,regulations, and rules
referred to in this paragraph includes,but is in no way limited to,the Illinois Human Rights Act,Illinois Equal Pay
Act of 2003, Occupational Safety & Health Act along with the standards and regulations promulgated pursuant
thereto(including but not limited to those safety requirements involving work on elevated platforms), all forms of
traffic regulations, public utility, Interstate and Intrastate Commerce Commission regulations, Workers'
Compensation Laws,Public Construction Bond Act,Public Works Preference Act,Employment of Illinois Workers
on Public Works Act,USA Security Act,federal Social Security Act(and any of its titles),and any other law,rule
or regulation of the Illinois Department of Labor,Department of Transportation,Illinois Environmental Protection
Act,Illinois Department of Natural Resources,Illinois Department of Human Rights,Human Rights Commission,
EEOC,and the Village of Buffalo Grove.Notwithstanding the following,the Contractor shall particularly note that:
A. NO DISCRIMINATION—The Contractor shall comply with the provisions of the Illinois Public
Works Employment Discrimination Act and the Illinois Human Rights Act/Equal Opportunity Clause which,
pursuant to Illinois law,are deemed to be part of this Contract.
B. FREEDOM OF INFORMATION-The Contractor agrees to furnish all documentation related
to the Contract, the Work and any documentation related to the Village required under an Illinois Freedom of
Information Act(ILCS 140/1 et.seq.)("FOIA")request within five(5)calendar days after the Village issues Notice
of such request to the Contractor. The Contractor agrees to defend, indemnify and hold harmless the Village, and
agrees to pay all reasonable costs connected therewith (including, but not limited to attorney's and witness fees,
filing fees and any other expenses)for the Village to defend any and all causes,actions,causes of action,disputes,
prosecutions, or conflicts arising from Contractor's actual or alleged violation of FOIA or the Contractor's failure
to furnish all documentation related to a FOIA request within five(5)calendar days after Notice from the Village
for the same.Furthermore,should the Contractor request that the Village utilize a lawful exemption under FOIA in
relation to any FOIA request thereby denying that request, Contractor agrees to pay all costs connected therewith
(such as attorneys' and witness fees, filing fees and any other expenses)to defend the denial of the request. This
defense shall include,but not be limited to,any challenged or appealed denials of FOIA requests to either the Illinois
Attorney General or a court of competent jurisdiction.
C. ILLINOIS WORKERS ON PUBLIC WORKS ACT-To the extent applicable,the Contractor shall
comply with the Illinois Workers on Public Works Act, 30 ILCS 570/1 et seq., and shall provide to the Village any
supporting documentation necessary to show such compliance.
D. NOT A BLOCKED PERSON- The Contractor affirms and covenants that neither the Contractor
nor any individual employed by the Contractor for this Work or under this Contract is a person forbidden from
doing business with a unit of local government under Executive Order No. 13224 (Sept 23, 2001), 66 Fed.Reg.
49,079(Sept 23, 2001)or is a person registered on the Specially Designated Nationals and Blocked Persons List.
The Contractor shall indemnify the Village from all costs associated with failure to comply with this paragraph.
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E. SUBSTANCE ABUSE PREVENTION ON PUBLIC WORKS ACT- The Contractor knows,
understands and acknowledges its obligations under the Substance Abuse Prevention on Public Works Act (820
ILCS 265/1 et seq.), and shall comply and require all subcontractors and lower tiered contractors to comply with
the requirements and provisions thereof.
F. PREVAILING WAGE ACT-The Village is an Illinois unit of local government and the Work
hereunder is subject to the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq.
Pursuant to PA 100-1177 the Illinois Department of Labor (IDOL) has activated an electronic database
(Payroll Portal)capable of accepting and retaining certified payrolls submitted under the State of Illinois Prevailing
Wage Act(820 ILCS/130/1). All contractors and subcontractors completing work for the Village of Buffalo Grove
pursuant to the Act must submit all certified payroll through the IDOL Payroll Portal.
Consequently,the Contractor and each subcontractor shall submit with their application for payment(s)the
email certification received from their IDOL Payroll Portal submittal with each of their pay requests.Any delay in
processing the payments due to a lack of aforementioned email certification shall not be an event of default by the
Village and shall not excuse any delay by the Contractor who shall proceed with the Work as if no delay in payment
has occurred. The Contractor and Village shall agree to take any further steps not outlined above to ensure
compliance with the Prevailing Wage Act. Upon two business days'Notice,the Contractor and each subcontractor
shall make available to the Village their records to confirm compliance with the Prevailing Wage Act. Finally, to
ensure compliance with Prevailing Wage Act,the Contractor and each subcontractor shall keep for a period of not
less than 5 years after the Work has been completed records of all laborers,mechanics,and other workers employed
by them for the Work; the records shall include each worker's name, address,telephone number, classification or
classifications,the hourly wages paid in each period,the number of hours worked each day,the starting and ending
times of work each day and,when available,last four digits of the social security number
Current rates can be located on the Illinois Department of Labor website.
https://www2.illinois.gov/idol/Laws-Rules/CONMED/Pages/Rates.aspx
ARTICLE XXVI—NO WAIVER OF RIGHTS
A waiver by the Village of any Event of Default or any term of provision of this Contract shall not be a
waiver of the same Event of Default,another Event of Default or any other term or provision of this Contract.
ARTICLE XXVII—CONTROLLING LAW AND VENUE
This Contract is entered into in the State of Illinois, for work to be performed in the State of Illinois and
shall be governed by and construed in accordance with the laws of the State of Illinois. Any legal matters or dispute
shall be resolved in the Circuit Court of Cook County and the Parties hereby submit to the jurisdiction of such
Circuit Court. This Contract shall be construed without regard to any presumption or other rule requiring
construction against the Party causing the Contract to be drafted.
ARTICLE XXVIII—MISCELLANEOUS
A. AMENDMENT—This Contract may be amended only in writing executed by both Parties.
B. NO RECORDING—This Contract,or a memorandum thereof,may not be recorded in any form by either
Party. If either Party records this Contract,or a memorandum thereof,they shall immediately file a release
of the same.
Public Services Center Underground Storage Tank Removal 11
VoBG-2022-11
C. SECTION HEADINGS—The headings in the Contract are intended for convenience only and shall not
be taken into consideration in any construction or interpretation of the Contract.
D. NO THIRD-PARTY BENEFICIARIES— This Contract does not confer any rights or benefits on any
third party.
E. BINDING EFFECT—This Contract shall be binding and inure to the benefit of the Parties hereto,their
respective legal representatives,heirs and successors-in-interest.
F. ENTIRE AGREEMENT — This Contract supersedes all prior agreements and understandings and
constitutes the entire understanding between the Parties relating to the subject matter hereof.
G. SEVERABILITY - If any term, condition or provision of the Contract is adjudicated invalid or
unenforceable,the remainder of the Contract shall not be affected and shall remain in full force and effect,
to the fullest extent permitted by law.
H. TORT IMMUNITY DEFENSES-Nothing contained in this Contract is intended to constitute nor shall
constitute a waiver of the rights, defenses, and immunities provided or available to the Village under the
Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10 etseq.
I. CALENDAR DAYS AND TIME. Unless otherwise provided in this Contract, any reference in this
Contract to"day"or"days"shall mean calendar days and not business days. If the date for giving of any
notice required to be given, or the performance of any obligation,under this Contract falls on a
Saturday, Sunday or federal holiday,then the notice or obligation may be given or performed on the
next business day after that Saturday, Sunday or federal holiday.
J. COUNTERPARTS—This Contract may be executed by the Parties in any number of counterparts,each
of which shall be deemed an original, but all of which together shall constitute an original instrument.
IN WITNESS WHEREOF,the Parties hereto have caused the Contract to be executed as of the Effective Date.
Village of Buffalo Grove, Company
an Illinois home-rule unit of government [An Illinois company]
By: / By ,(VLA �l J°'r
Name: ane Bragg Name: L-1A C' y VU V
Title: Village Manager Title: 1/\CL prO IGCt V'ck
Public Services Center Underground Storage Tank Removal 12
CONTRACT EXHIBIT C- FORM OF PERFORMANCE AND PAYMENT BOND
Bond Number: 5955150
KNOW ALL MEN BY THESE PRESENTS,That RW Collins Company (the"Principal")and
Old Republic Surety Company (the"Surety"), are held and firmly bound unto the Village of Buffalo Grove
One Hundred Nineteen Thousand our Hundred
an Illinois home-rule unit of government (the"Village"), the full and just sum ofsixty Six Dollars and 00/100
Dollars($119,466.00 ) in lawful money of the UNITED STATES OF AMERICA as herein provided.
THE CONDITION OF THIS OBLIGATION is such that the Principal and Surety agree to bind themselves,their
successors, assigns,executors, heirs and administrators,jointly and severally, for the full and faithful performance
of the Work as defined in that particular Public Services Center Underground Storage Tank Removal between Principal and
the Village dated 16th day of May , 2022 , (hereinafter referred to as the"Contract"),a copy of which is
attached and incorporated by reference as though fully set forth herein.
NOW THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if the said Principal (i) shall in all
respects keep and perform all the undertakings, covenants, terms, conditions and agreements of the Contract; (ii)
shall pay all sums of money due or to become due, for any labor, materials, apparatus, fixtures or equipment
furnished for the Work provided in said Contract;and(iii)shall remove and replace any defects in workmanship or
materials which may be apparent or may develop within the ARTICLE XIX — WARRANTY PERIOD of the
Contract,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 the Work thereunder shall in any way 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.
IN WITNESS WHEREOF, we have hereunto set our hands and sea 24th day of May , 2022
SURETY `C1'suRE/4,. PRINCIPAL
Old Republic Surety Company ;''�0: ". o RW Collins Company
oonror,Arr\O
�, ,L o SEAL j 7. I I/ �
By: ° roe. !
Name: Kristen Schmidt Name:
Title: Attorney-in-Fact """ ""' Title: VI(C_ ICA`1CU.1i
ATTEST ATTEST
*WAL
6/(72..
By: By:
Dave Roth S i-r_O k ik Co 1(
NOTE: Date of Bond must not be prior to date of Contract.
If Contractor is Partnership, all partners should execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Departments most current list
;Circular 570 as amended) and be authorized to transact business in the state where the Work is located.
****
* *
* OLD REPUBLIC SURETY COMPANY
***
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and
appoint:
Kristen Schmidt
its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto(if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof,
(other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds),as follows:
Execution Date:May 24, 2022
ALL WRITTEN INSTRUMENTS
Principal: RW Collins Company
Obligee: Village of Buffalo Grove
and to bind OLD REPUBLIC SURETY COMPANY thereby,and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18,1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may
remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president,any vice president or assistant vice president,and attested and sealed(if a seal be required)by any secretary or assistant
secretary;or
(ii) when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned and sealed(if a seal be
required)by a duly authorized attorney-in-fact or agent;or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company;and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be
affixed this 21st day of July , 2021 .
4, sRfT OLD REPUBLIC SURETY COMPANY
SEAL '>_ A.4.,
"A
„„/„......,..\00„,4saet ' '
s '6, ;"* r` President
STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS
On this _ 21st day of July 2021 ,personally came before me, Alan Pavlic
and Karen J Haffner ,to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
who executed the above instrument,and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say:that
they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
41441/11r.K.• &ASO"'
poetP. . Notary Pubic
My Commission Expires: September 28, 2022
CERTIFICATE (Expiration of notary's commission does not invalidate this instrument)
I,the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation, CERTIFY that the foregoing and attached
Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of
Attorney,are now in force.
"•yQ 0.•r,`'c°s 24th May 2022
9` SEAL ;s'_ Signed and sealed at the City of Brookfield,WI this Itd/may of ,
ORSC 22262(3-06) ''/��'tli'*'"^0'�' Assis-_.tt Secrete