Initials@ - Kane County, Illinois · upon the Invitation to Bid, including all terms, conditions, specification, amendments, and the Vendor's offer is accepted by the County of Kane

I County of Kane

Office of County Board Kane County Government Center MAY ·2 2012

KANE COUNTY BOARD Karen McConnaughay

Chairman 630-232-5930

DOCUMENT VET SHEET for

Karen McConnaughay Chairman, Kane County Board

719 Batavia Avenue Geneva, illinois 60134

Fax 630-232-9188

Name of Document: Offer to Contract- Black Beny Creek Storm water Maintenance and Flood Control Measures

Submitted by:

Date Submitted:

Examined by:

Poston Web:

Comments:

Tim Keovongsak I Purchasing Dwt.

May2.2012

(Dat~

YefL-"-_ No_ Atty. Initials@ Bid 25-012 for stormwater maintenance and flood control measures for Black Berry Creek, per Res#11-392, Is awarded to Winkler's Tree & Landscaping, Inc. Attach Is an offer to contract to vet and require the Chairman signature of approval to proceed with contract execution. Please notify Purchasing when this offer to contract Is ready for pick up or require additional

· information.

Attachment: Offer to Contract Form, Revised pricing table, Res#ll-392

Chairman signed: 5/B/2-012 (Date)

Document returned to: Rev. 3/11

STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 11 - 392

AUTHORIZING THE CHAIRMAN TO EXPEND FUNDS ASSOCIATED WITH THE ILLINOIS DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY (DCEO) GRANT PROGRAM

WHEREAS, the Illinois Department of Commerce and Economic Opportunity, (hereinafter 'iDCEO") has Build Illinois Bond Funds available through a grant program for the purpose of assisting in the funding of certain eligible capital construction projects within the State of Illinois; and

WHEREAS, on August 10, 2010, the Kane County Board approved Resolution No. 10-237, authorizing the Chairman to execute a grant application to the DCEO for the purposes of obtaining Build Illinois Bond Funds for the Kane County Department of Water Resources to apply for a grant in the amount of $100,000 for stormwater improvements and flood control for Blackberry Creek; and

WHEREAS, said funds have been secured and agreen:ents executed between Kane County and DCEO; and

WHEREAS, the FY12 Budget did not account for this grant revenue and grant expenditures and needs to be amended to account for these changes; and

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman is here by authorized to enter contracts and expend funds for design, permit, construct and maintain the

---"'""'p""rClp-Cis-e-d-std'rmwaterimprovements-and-flood-control-meastlres-within-B-Iaekberry-8reek1 ifl-a-tetal--dollar amount not to exceed $100,000. All contracts shall comply with Kane County purchasing requirements and shall be placed on file with the County Clerk and County Auditor.

BE IT FURTHER RESOLVED that the FY12 Budget it hereby be amended to account for this new revenue and these new and unbudgeted expenditures as follows:

420-670-680-55030 Grant Pass Thru (Expenditures)+ $100,000 420-670-680-33900 Miscellaneous Grant (Revenues)+ $100,000

Line Item Line Item Description Was Are funds currently personnel/ltem/seJVIce available for this

approved in original personnel/item/seJVIce in budget or a subsequent the specific line item?

budoet revision? 420-670-GBD-55030 Grant Pass-Thru NO NO

420-670-000-33900 ~ditures)

Misc. ts (Revenues) NO NO

If funds are not currently available in the

specifted line item, where are the funds

available?. GRANT

GRANT

•\.

Page 2 of 2, Res. #11-392

Passed by the Kane County Board on December 13, 2011.

John A. Cunningham Clerk, County Board Kane County, Illinois

Vote: Yes No Voice Abstentions

12DCEOgrant

Karen McConnaughay Chairm.an, County Board Kane County, Illinois

Sealed Bid 25-012 Blackberry Creek Stream Maintenance Offer to Contract Form Page 1 of 3

KANE COUNTY OFFER TO CONTRACT FORM

.For BID 25-012 BLACKBERRY CREEK STREAM MAINTENANCE

Bid Due Date & Time: WEDNESDAY, APRIL 11,2012,4 P.M.

To: County of Kane Purchasing Department, Bldg. A, Room 210 719 S. Batavia Ave. Geneva, IL 60134

\MIRI.tl~r's...~rae & Landscaping, Into The following offer is hereby mac:M&f~'tne \.; un.ty..ofKa~s4'llin01s, hereafter called the Owner. .u. t:SOX ., 0

\ La Grange Pk, IL60526 ! Submitted By: L .... ~~:.-, ; _ (108)644n1219 ::1

I. The undersigned Vendor proposes c;~nd agrees, after having examined the specifications, quantities and other contract documents, to irrevocably offer to furnish the materials, equipment and services in compliance with all terms, conditions, specifications and amendments contained in the bid soli<:;itation documents. The items in this Invitation to Bid, including, but not limited to, all . required certificates, are fully incorporated herein as a material and necessary part of the co'htr~ct.

A. The Vendor shall also include with his bid any necessary literature, samples, etc., as required within the Invitation to Bid,·lnstruction to Bidders and specifications.

1. The Vendor has examined the Contractor Disclosure section of the Instruction to Bidders, and has included or provided a certified document listing all cumulative campaign contributions made within~ the past twelve months, to any current or countywide elected officer, and ownership interest in entity greater than five percent.

B. For purposes of this offer, the terms Offerer, Bidder, Contractor, and Vendor are used interchangeably.

II. In submitting this Offer, the Vendor acknowledges:

A. All bid documents have been examined: Instructions to Bidder, Scope of Work, including the Specifications and the following addenda:

< .t: No. ___ , No. ___ , No. ___ , (Contractor to acknowledge addenda here.)

B. The site and locality has been ex.arr{ihed where the Work is to be performed, the legal requirements (federal, state and. local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations, as Contractor deems necessary.

C. To be prepared to execute a contractwith the Owner within ten (10) calendar days after acceptance of the bid by the Owner.

BASE BID Items as Ordered by Manager (IAOM):

ITEM ITEMS UNIT NO.

'· ..

1 MOBILIZATION/ LUMP SUM

DEMOBILIZATION

2 CHIPPER UNIT HOUR

3 DUMP TRUCK - A HOUR

4 DUMP TRUCK - B HOUR

Sealed Bid 25-012 Blackberry Creek Stream Maintenance Offer to Contract Form Page 2 of 3

TOTAL QTY UNIT (QTY X UNIT

PRICE PRICE)

1 /CQD. 0::1 Jo.::Jo.o<J

24 15. oD 3Coo . .o o

200 :2. ~ • .!> D V"" ;;.: :fi- v 'D zs .5""oo

32 ;1. G'. oo ""' ,,£ ~ ~ og. 7 J ··- ,_.

P.

p

5 GRAPPLE TRUCK HOUR 50 :A. '2),PO i/4' :J.=5="- '!:' ~ ,,~~r

6 CRANE TRUCK -A HOUR 100 :J-5. 00 ~I '5'00. o'?

7 BOAT HOUR 100 ·t. .!> .9 /t:>o p!)

8 PAN(S) HOUR 100 f~t7 [;) JOO. c>?

9 FOREMAN HOUR 200 <f,S".o o /7,~ J;>..!> 0 .:::> :::)

10 OPERATOR :Hoi)R 200 Cb {; ,oo /7 G>.CD.o':l

11 SAWMAN HOUR 250 'gG,or:"7 ;1-,J "1.->' 0 • .C> Q

12 LABORER HO'UR 450 ~s-.o o 3 -&I z_ 5" Q • !::) .?

13 TRUCK DRIVER HOUR 100 ~,s-.~o $5 )DO.?:J

14 HERBICIDE GALLON 15 }Of) . 0::> 1<i'o">.o-::>

15 SEEDING SQ.FT 100 I. oo /no.o0 16 MULCH SQ.FT. 100 I o!> I 0 D· :::> ~")

17 TOP SOIL CU.YD. 100 /O.o!7 I o o o. D'J

18 SKID STEER LOADER HOUR 30 .5~. C> t.:> 1 $'"".-::::> . D 0

19 WOOD TIMBER MATS MAT 10 v .D? l,_.C> .o 0

20 TRAFFIC CONTROL LUMP SUM 1 f. Or? J 1!:)0

GRAND TOTAL (Total sum of Items 1-20) J/5', 1~1.

PAYMENT: Will you acc(Jpayment by direct deposit \hrou~h an Automated Clearing House (ACH)?

S NO . (Circle One) :, ,• ' . .

VENDOR APPLICATION: Vendor awarded of County's contract are required to register and submit new required vendor application. The required new vendor application will be available and shall be completes before contract execution. ·

).:.

' '· . Sealed Bid 25-012 Blackberry Creek Stream Maintenance Offer to Contract Form Page 3 of 3

By signing this Bid, the Offeror hereby certifies that they are not barred from bidding on this contract as a result of a violation of either $ection 33E-3 or 33E-4 of the Illinois Criminal Code of 1961, as amended. The awarding of any contract resulting from this Bid will be based upon the funding available to Kane County, which may award all or part of this project. The terms of the Bid and the response shall be incorporated by this reference as though fully set forth into the Contract not withstanding any language in the contract to the contrary. In the event of any conflict between the terms of the Contract and the terms of the Bid and the response, the terms of the Bid and the response shall govern. Every element or item of the Bid and the response shall be deemed a material and severable item or element of the contract. THIS SECTION MUST BE SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE COMPANY OR ENTITY RESPONDING TO THE BID AND THE RESPONSE.

Signature U ~ [j ~ Typed Signature

Company Winkler's Tree & Landscaping, ~nc. Address P.O. Box 1154

Phone# k La Grange Pk, IL 60526 Fax# 7 o ~ ., 5 <-f <{ ~ o i o{ Federaii.D./S~tial Secur~~qJ3_)S_4_4-_1_21_9_· ______ Date .3,-- Ly- J V

J& -.1:Jo ~ Ol ~

.ACCEPTANCE

The Offer is hereby accepted for the following .services: Blackberry Creek Stream Maintenance Project, ~« tr't"lll'S-td J-t liii.Ktt bl.e.. D~-~~ fo·f&d to-sf fov~ro~.u: .. f d.-tf.ec:l M~~ .11 a.o1 ~.

The Vendor is bound to sell the materials and services listed by the attached contract and based upon the Invitation to Bid, including all terms, conditions, specification, amendments, and the Vendor's offer is accepted by the County of Kane.

' \!.'·.

This contract shall henceforth be referred to as Contract Number 25-012. The Vendor has been cautioned not to commence any billable work or to provide any materials or services until this Vendor receives a purchase order and or notice to proceed.

ren McConnaughay Chairman, County Board Kane County, Illinois

51 B/2.012 Date

May 2, 2012

Winkler's Tree Service, lnco P.O. Box 1154 o LaGrange Park, Illinois 60526

(708) 544-1219 • Fax (708) 544-0405 e-mai I: info®wi nklerstreeservice.com

www; wi nklerstreeservice.com Illinois's First Nationally Accredited Tree Care Company

As result of job site inspection and evaluation of scope of servi.ce following equipment, material, and labor is recommend for the completion of Black Berry Creek's storm water maintenance and· flood control measures as specified in bid 25-012. Revised pricing includes reduction of estimated quantity for time and material, and elimination of unnecessary equipment as approved by our project"tn~~-~~~~tt.::::··;;;;-I

:i;' \~\!).~.:~·;f~~:r"\,'i ::: .'::';·;,· . . ~::.,~-.:~.:.:~.:·~ :· .. :_:.

Winkler's Tree Sg,,, ... .. ~S.ijlW~'#~~~\Ver~bi~ ·anct+tintaL

$93,901.00. ;,!';'_.,· •. · •.• --._._:_>;: .. :· .. ••;.: .. ,:.-._•····;.;.;; .•. "".; ... ;.·,

is

'" Fully Insured o Certified Arborist • State Licensed Pesticide Applicator

VOICE OF TREE CAR£ .

~R-26-2012 21:19 WINKLERS TREE SERUICE

Item No. ITEMS UNIT QTY UNIT TOTAL PRICE PR.lCE

1 MOBILlZA T!ON lUMPSIJM 1 1000 1000 DEMOBILIZATlON

2 DUMP TRUCK A HOI.IR 160 25 4t000 3 GRAPPI.E tRUCK HOlJR 160 25 4,000 4 CRANE TRUCK HOUR 40 25 1,000 s 60AT HOUR 100 1 100 Q . PANS HOU~ 100 1 100 7 FOREMAN HOUR 160 85 l3,aoo 8 OPERATOR HOUR 1Ei0 85 13f600 $ SAWMAN HOUR 160 as 13,600 10 LABORER HOUR 320 85 27,200 11. TRtiCK DRIVER HOUR i6Q 85 13,600 l2 SEEOIN(i SQ.FT 100 1 101) 13 TQPSOIL c:u.vo. 100 10 1,000 14 SKIP$TEE~ HOUR 200 5. 1,000 l.S TRAFFIC CONTROL LIJMPSUM 1 1 1

GRAND TOTAL 93~~01.

IF DISPOSAL COSTS ARE INCURRED THEY WILl BE THE RES90NSiBIUTV OF COUNTY OF KANE AND NOT WIN.Kt.ER'S TREII: SERVICE.

P.02/02

TOTAL P.02

INSTRUCTIONS TO BIDDERS COUNTY OF KANE

Sealed Bid 25-012 Blackberry Creek Stream Maintenance Terms & Conditions

COMPETITIVE SELECTION PROCEDURE - BID TERMS AND CONDITIONS

1. AUTHORITY. This Invitation for Bid is issued pursuant to applicable provisions of the Kane County Purchasing Ordinance.

2. BID OPENING. Sealed bids will be received at the Kane County Purchasing Department until the date and time specified at which time they shall be opened in public. Late bids shall be rejected and returned unopened to the sender. Kane County does not prescribe the method by which bids are to be transmitted; therefore, it carinot be held responsible for any delay, regardless of the reason, in transmission of the bids. ·

3. BID PREPARATION. Bids must be submitted on this form and all information and certifications called for must be furnished. Bids submitted in any other manner, or which fail to furnish all information or certificates required, may be summarily rejected. Bids may be modified or withdrawn prior to the time specified for the. opening of bids. Bids shall be filled out legibly in ink or type-written with all erasures, strike overs and corrections initialed in ink by the person signing the bid. The bid shall include the legal nanie:. qf the bidder, the complete mailing address, and be signed in ink by a person or persons legally authorized to bind the bidder to a contract. Name of person signing should be typed or printed below the signature.

4. BID ENVELOPES. Envelopes containing. bi'd~ must be sealed and addressed to the County of Kane Purchasing Department. The name and address of the bidder and the Invitation Number must be shown in the upper left corner of the envelope.

5. ERRORS IN BIDS. Bidders are cautioned to \terify their bids before submission. Negligence on the part of the bidder in preparing the bid confers no'right for withdrawal or modification of the bid after it has been opened. In case or error in' the extension of prices in the bid, the unit prices will govern.

6. RESERVED RIGHTS. The County of Kane reserves the right at any time and for any reason to cancel this Invitation for Bids, accept or reject any or all bids or any portion thereof, or accept an alternate bid. The County reserves the right to waive any immaterial defect in any bid. Unless otherwise specified by the bidder or the County, the County has one hundred twenty (120) days to accept. The County may seek clarification from a·ny bidder at any time and failure to respond promptly is cause for rejection. ·. · ·

7. INCURRED COSTS. The County will riot be liable for any costs incurred by bidders in replying to this Invitation for Bids.

8. AWARD. It is the intent of the County to.award a contract to the lowest responsive responsible bidder meeting specifications. The County reserves the right to determine the lowest responsive responsible bidder on the basis of an indiv.idllal item, groups of items, or in any way determined to be in the best interests of the County. AV)Ia,rd will be based on the following factors (where applicable): (a) adherence to all condition·s ahd requirements of the bid specifications; (b) price; (c) qualifications of the bidder, including past performance, financial responsibility, general reputation, experience, service capabilities, and facilities; (d) delivery or completion date; (e) product appearance, workmanship, finish, taste, feel, overall quality, and results of product testing; (f) maintenance costs and warranty provisions; and (g) repurchase or residual value.


9. PRICING. The County of Kane requests all payments being made to vendors be done as direct deposits through an Automated Clearing· House (ACH). All vendors being awarded a contract shall complete an authorization agreement form prior to award. The ACH form and information on this program can be located on the County's ·Web site under Vendor Information on the Finance Department page. ·

10. DISCOUNTS. Prices quoted must be net after deducting all trade and quantity discounts. Where cash discounts for prompt payment are offered, the discount period shall begin with the date of receipt of a correct invoice or receipt or final· acceptance of goods, whichever is later.

11. TAXES. Kane County is not subject to Federal Excise Tax. Per Illinois Revised Statutes, Chapter 120, Paragraph 441: Kane County is exempt from state and local taxes.

12. SPECIFICATIONS. Reference to brand names and numbers is descriptive, but not restrictive, unless otherwise specified. Bids on equivalent items will be considered, provided the bidder clearly states exactly what is proposed to be furnished, including complete specifications. Unless the bidder specified otherwise, it is understood the bidder is offering a referenced brand item as specified or is bidding as specified when no bq:md is referenced, and does not propose to furnish an "equal." The County reserves the righfto d~termine whether a substitute offer is equivalent to and meets the standard of quality indidit€l,dJ:~y"Jhe brand name and number referenced.

. . ~ ;

. . . . .. .~ . :

13. SAMPLES. Samples of items, when called· for, must be furnished free of expense and, if not destroyed in the evaluation process, will, upon request, be returned at the bidder's expense. Request for the return of samples must accompany the sample and include UPS Pickup Slip, postage or other acceptable mode of return.' Individual samples must be labeled with bidder's name, invitation number, item reference, mamifacturer's brand name and number.

14. INTERPRETATION OR CORRECTION .OF BIDDING DOCUMENTS. Bidders shall promptly notify the County of any ambiguity, inconsistency of error which they may discover upon examination of the bidding documents. Interpretations, corrections and changes will be made by addendum. Each bidder shall ascertain prior to submitting a bid that all addenda have been received and acknowledged in the bid.

15. VARIANCES. State or list by reference :on. the reverse side of this form any variations to specifications, terms and/or conditions. · ..

16. INDEMNIFICATION. The Seller shall. indemnify and hold harmless the County, its agents, officials, and employees, from and against all injuries, losses, claims, suits, costs and expenses which may accrue against the County as ·9, co~sequ.ence of granting the Contract.

., '

Contractor and/or Servicer's and/or Seller (as case may be), agrees to save, hold harmless, defend and indemnify the County of Kane and"its Officers, Agents, and Employees, from any and all liability or loss incurred by the County _of Kane resulting from Contractor's and/or Servicer's and/or Seller's noncompliance with any laws or regulations of any governmental authority having jurisdiction over Contractor's and/or Servicer's and tor Seller's performance of this contract and Contractor's and/or Seller's violation of any of the terms and conditions of this Agreement, and from the Contractor's and/or Servicer's arkl/or'Seller's negligence arising from, in any manner and in any way connected with, the terms aii<;:l' conditions of this Agreement and arising from the Contractor's and/or Servicer's and/or Seller's performance thereunder.

17. DEFAULT. Time is of the essence of this .contract and if delivery of acceptable items or rendering of services is not completed by the time promised, the County reserves the right, without liability, in addition to its other rights and remedies, to terminate the contract by notice effective when received by Seller, as to stated items not yet s~ipped or services not yet


rendered and to purchase substitute items or services elsewhere and charge the Seller with any or all losses incurred.

18. INSPECTION. Materials or equipment purchased are subject to inspection and approval at the County's destination. The County reserves the right to reject and refuse acceptance of items which are not in accordance with the instructions, specifications, drawings or data of Seller's warranty (express or implied). Rejected mat~rials or equipment shall be removed by, or at the expense of, the Seller promptly after rejec~i'o:n. ·

19. WARRANTY. Seller warrants that all goods and services furnished hereunder will conform in all respects to the terms of the solicitation, . including any drawings, specifications or standards incorporated herein, and that they will .b.e free from latent and patent defects in materials, workmanship and title, and will be free from such defects in design. In addition, Seller warrants that said goods and services are suitable for, and will perform in accordance with, the purposes for which they are purchased, fabricated, manufactured and designed or for such other purposes as are expressly specified in this soUcitation. The County may return any nonconforming or defective items to the Seller or require correction or replacement of the item at the time the defect is discovered, all at the Seller's risk and expense. Acceptance shall not relieve the Seller of its responsibility. ·· ·

Contractor and/or Seller (as case may be). expressly warrants that all goods and services (real property and all structures thereon) will conform to the drawings, materials, performance and any other specifications, samples or other d~scription·furnished by the County, and will be fit and sufficient for the purpose intended, merchantable, of good material and workmanship. Contractor and/or Seller (as case may be) agrees''that these warranties shall run to Kane County, its successor, assigns, customers and users of the products or services and that these warranties shall survive acceptance of the goods or performance of the services.

20. REGULATORY COMPLIANCE. Seller represents and warrants that the goods or services furnished hereunder (including all labels, ·:P,~ckages and container for said good) comply with all applicable standards, rules and regulations· in ·effect under the requirements of all Federal, State and local laws, rules and regulations a~ applil;:able, including the Occupational Safety and Health Act as amended, with respect to des'ign, c<?nstruction, manufacture or use for their intended purpose of said goods or services. Seller, ,sh(;!ll}urnish "Material Safety Data Sheet" in compliance with the Illinois Toxic Substances Disclosu're'·to Employees Act.

21. EQUAL EMPLOYMENT OPPORTUNITY. (Res.No. 82-90, 6-10-80; Res. No. 81-79, 6-9-81: Res. No. 82-90, 6-8-82; 05-303, 09-23-05) State law references--Fair Employment Practices Act, Ill. Rev.Stat. Ch. 48, Sec.851 et seq.; requiremehts for public contracts, Ill. Rev. Stat. Ch. 48, Sec. 854.

The equal employment opportunity clal,l'$e.)equired by the Illinois Fair Employment Practices Commission is hereby incorporated by rgfeh:ihce in all contract made by the county of and in all bid specifications therefore furnished by the ·county to all bidders, contractors and subcontractors.

The County of Kane, State of Illinois, represents that it and the employing agencies responsible to it, conform to the following: ·. .·

;· l·.

We do not discriminate against any empl_oyee or applicant for employment because of race, creed, color, age, disability, religion, . sex, national origin/ancestry, sexual orientation, marital status, veteran status, political affiliatlpii,: <k~any ot.her legally protected status. We will take whatever action is necessary to ensure that applicants and employees are treated appropriately regarding all terms and conditions of employment. We will post in conspicuous places,

.... .,.

j • ~ ' • !. ::i '


available to employees and applicants for. employment, notices setting forth the provisions of this nondiscrimination clause. · ' · · · · .·.

, .... ''

We will, in all solicitations or advertisements for employees placed by or on behalf of the employing agencies, state that all qualified applicants will receive consideration for employment without regard to race, creed, age, disability, religion, sex, national origin/ancestry, sexual orientation, marital status, veteran status, political affiliation, or any other legally protected status. (Res.No. 82-90, 6-10-80; Res. No. 81-:79, 6-9-81: Res. No. 82-90, 6-8-82; 05-303, 09-23-05) State law references--Fair Employment praQtices Act, Ill. Rev.Stat. Ch. 48, Sec.851 et seq.; requirements for public contracts, Ill. Rf::V: Staf Ch. 48, Sec. 854.

~ .. 22. PREVAILING WAGE RATES

23.

WHEREAS, it is the policy of the State of Illinois as declared in "An ACT regulating wages of laborers, mechanics and other workman employed in any public works by the State, County, City or any political subdivision or by any work under construction for public works" approved June 26, 1941, that a wage of no less that the general prevailing hourly rate as paid for work of a similar character in a locality in which work is performed, shall be paid to all laborers, workmen and mechanics employed by and on behalf df. ahy and' all public body engaged in public works, exclusive of maintenance work.

PREVAILING WAGE ACT AMENDMENT:. HB-1855 (PA 095-0635) amends the Prevailing Wage Act and requires Public Works contractors; before work commences, to file with the Public Body, certification that they have a substance abu'seiprogram and provide drug testing. This Act applies to a contract to perform work on a public ·works project for which bids are opened on or after January 1, 2008, or if bids are not solicited for the contract to perform such work entered into on or after . . . ·· · . . January 1, 2008. The provisions ofthis 'Act appl'y only to the extent there is no collective bargaining agreement in effect dealing with the subject matter of this Act.

Responsive Bidders must include with their bid a separate sheet showing trades to be employed and wage rates to be paid. L,t>, (!;,ry 1<..6 ~, '' o p~ .{.A 1° r._,.

1 --'I~Z-J c.-{F- /}1-!--:Jtf. ,<,

The current Illinois Department of Labor Prevailing Wage Rates for the County of Kane are available at their website http://www.state:il.us/agency/idol/. Prevailing wage rates are subject to revision monthly. Copies of the current i:>,r.ev~,iling,wages are also available at the Kane County Purchasing Department, 719 Batavia Averiue; Geneva, Illinois.

Any contact within the purview of this resolution or of the Illinois Prevailing Wage Act shall provide that any contractor will employ apprentices who are properly indentured into a Joint Apprenticeship Training Program which is registered and certified with the United States Department of Labor, Bureau of Apprenti~eshjp and Training. Failure to comply with the request for information or documentation will be construed as a material breach of the contract enabling the County to terminate the contract, see!< forfeiture of any performance bond, and proceed with any other remedy against the contractor at Ia"'( or inequity.

. . ' ,. . ·;· ', -~; : . ROYALTIES AND PATENTS. Seller shall pay·all royalties and license fees. Seller shall defend all suits or claims for infringement of any patent or trademark rights and shall hold the County harmless from loss on account thereof. · ·

;- .. ' . '' ~:


24. LAW GOVERNING. This contract shall be gqverned by and construed according to the laws of the State of Illinois. · · · ·

25. ELIGIBILITY. By signing this bid, the bidder h~reby certifies that they are not barred from bidding on this contract as a result of a violation' ofArticle 33E, Public Contracts of the Illinois Criminal Code of 1961, as amended (Illinois Compile~ Statutes, 720 ILCS 5/33E-1 ).

26. CERTIFICATE OF INSURANCE REQUIRED BY KANE COUNTY Contractor to furnish and deliver prior to commencement of work, a completed Certificate of Insurance satisfactory to the requirements of County of Kane containing:

a) The Contractor and all Subcontractors shall provide a Certificate of Insurance naming the Owner (Kane County) as certificate ,holder and as additional insured. The certificate shall contain a 30-day notification provisiOn to the owner (Kane County) prior to cancellation or modification of the policy. ·

b) Commercial General Liability insurance including Products/Completed Operations, Owners and Contractor Protective Liability and Broad Form Contractual Liability. The exclusion pertaining to Explosion, Collapse and Underground Property Damage hazards eliminated. The limit of liability shall not be less th~ri;the following:

General Aggregate $2,000,000 Products and Completed Operations'' $2,000,000 Personal and Advertising Injury :, · $1,000,000 Each Occurrence · : il ~:: > $1,000,000 Or - Combined Single Limit $1 ,000,000

i) Products and Completed Oper~tiori ·cover~ge is to remain in force for a period of two years after the completion of project.

c) Business Automotive Liability Insurance including owned, hired and non-owned automobiles, and/or trailer and other equipment required to be licensed, with limits of not less than the following: ·' ·

!- ·":

Each Person for Bodily Injury $1,000,000 Each Occurrence for Bodily Injury $1,000,000 Each Occurrence for Property Damage $1,000,000 Or - Combined Single Limit · · ' $1,000,000

d) Statutory Worker's Compensation insurarlce shall be in accordance with the provisions of the laws of the State of Illinois, including Occupational Disease Act provisions, for employees at the site of the project, and in case work is sublet, the Contractor shall require each Subcontractor similarly to provide·'this'ihsurance. In case employees are engaged in work under this contract and are not protected ,under the Workers Compensation and Occupational Disease Act, the Contractor shall ::provide, and shall cause Subcontractor to provide, adequate and suitable insurance for the protection of employees not otherwise provided.

e) Umbrella Liability:

Aggregate Limits $2,000,000

Vendor to furnish a copy of the Endorsement showing Kane County, as an additional named insured on the General Liability, Auto, and Excess policies.

The Contractor shall cease operations.on the project if the insurance is cancelled or reduced below the required amount of coverage;

27. CONTRACTOR DISCLOSURE

, -Sealed Bid 25·012 Blackberry Creek Stream Maintenance · Terms & Conditions

A. Prior to award, every contractor or vendor who is seeking or who has obtained contracts or change orders to contracts or two (2) or more individual contracts with Kane County resulting in an amount greater than Fifteen Thousand Dollars ($15,000) shall disclose to the Kane County Purchasing Departm~nt, ;in writing all cumulative campaign contributions, (which includes multiple candidates) made within the previous twelve (12) months of awarding of the contract made by thatcontractor, union, or vendor to any current officer or countywide elected officer whose office the contract to be awarded will benefit. Disclosure shall be updated annually during the term of a multi-year contract and prior to any change order or renewal requiring Board level approval. For purposes of this disclosure requirement, "contractor or vendor" shall include owners, officers, managers, insurance brokers, lobbyists, agents, consultants, bond counsel and underwriters counsel, subcontractors corporations, partnerships; associations, business trusts, estates, trustees, and/or beneficiaries under the control of the contracting person, and political action committees to which the contracting person has made contributions.

B. All contractors and vendors who have obtained or are seeking contracts with Kane County must disclose the following information which shall be certified and attached to the application or document. Penalties for knowingly violating disclosure requirements will potentially result in immediate cancellation of the contract, and possible disbarment from future County contracts: ·

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(a) Name, address and percentage of ownership interest of each individual or entity having a legal or a beneficial interest of more than five percent (5%) in the applicant. Any entity required by law to file a statement providing substantially the information required by this paragraph with any other government agency may file a duplicate of such statement;

(b) Names and contact information of their lobbyists, agents and representatives and all individuals who are or will be having contactwith County employees or officials in relation to the contract or bid. This information:,disclosure must be updated when any changes to the information occurs. .., ·' ;

(c) Whenever any interest required to be disclosed in paragraph (a) above is held by an agent or agents, or a nominee or nominees, the principals for whom such agents or nominees hold such interest shall also be discl()sec;l. The application of a spouse or any other party, if constructively controlled by another person, or legal entity as set forth above, shall state the name and address and percentage of beneficial interest of such person or entity possessing such constructive control and the relationship under which such control is beingor may be exercised. Whenever C~ stock or beneficial interest is held by a corporation or other legal entity, such shareholder or beneficiary shall also make disclosure as required by paragraph (a) above. ·

(d) A statement under oath that the appli,cant has withheld no disclosures as to economic interests in the undertaking nor reserved any information, data or plan as to the intended use or purpose for which it seeks Cqunty Board or other county agency action.

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· Sealed Bid 25-012 Blackberry Creek Stream Maintenance Terms & Conditions

C. All disclosures and information shall be :current as of the date upon which the application is presented and shall be maintained current·until $UCh time as Kane County shall take action on the application. Furthermore, this information shall be maintained in a database by the Purchasing Department, and made available for public viewing.

D. Notwithstanding any of the above provisions, the County Purchasing Department with respect to contracts awarded may require any: such additi.onal information from any applicant which is reasonably intended to achieve full disclosure relevant to the application for action by the County Board or any other County agericy:.

E. Any failure to comply with the provisions of this section shall render any ordinance, ordinance amendment, County Board approval or other County action in behalf of the applicant failing to comply voidable at the option of the County Board or other County agency involved upon the recommendation of the County Board Chairman or the majority of the County Board .

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Sealed Bid 25·012 Blackberry Creek Stream Maintenance Statement of Work pages 1

STATEMENT OF WORK For

BLACKBERRY CREEK STREAM MAINTENANCE

OVERVIEW:

The County of Kane is seeking to retain the services from a qualified and experienced Vendor for stormwater maintenance and flood control measures within a portion of Blackberry Creek. This project is managed by the Kane County Department of Facilities, Development & Environmental Resources.

Vendor is to provide labor, equipment, and material to complete the project.

Task includes removing of debris accumulations within the creek and along the riverbank. Dead woody material, debris jams and snag, beaver dams, nuisance vegetation, and trash will be removed. Deadfalls and damaged or unwanted trees and shrubs will need to be removed, as instruct by the Manager. There will not be any replacement and repair of dead plant material such as trees and'.shrubs,;nor repair and installation of new sod, nor repair and replacement of damages .:to".culverts - drain tiles and fencing, nor repair of damaged roadway surface, parking area, and trails ..

Equipment and materials, and quantity listed in the Items As Order by Manager (IAOM) or in attach supplemental information (Special Provision) are for the purpose of project evaluation and cost comparison only. • ..

Vendor is to provide equipment list available to complete the project and services required within this bid if different than stc;ited in the Special Provision. The manager may choose not to use any or all of the equipment or,items listed under Offer to Contract Form or (IAOM).

The Manager reserves the right to inspect.all equivalent equipment or approved equal for compliance with equipment specifications ..

SPECIFICATION (See Attachment) . r:'..~ .~ ..•. ·.

1. Special Provisions - 201? Blackberry Creek Stream Maintenance (Pages 1-10)

2. ExhibitA 3. Site Map

Qualification

Three years minimum experiences working. on stream maintenance, stormwater and flood control improvements are required. D,escr,i.be your experience or involvement in project of similar size and scope, providing refer_enc~s w~ere appropriate of the requested services. Contractor must fully demonstrate experience with debris removal, tree and shrub clearing in highly sensitive native Illinois habitats within the past three (3) years.

Requirements Prevailing Wage does not apply to this project.

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APPROVED EQUAL

.sealed Bid 25-012 Blackberry Creek Stream Maintenance Statement of Work pages 2

If and wherever in the specifications reference is made to a brand name, catalog number, or use of a specific description as refer thereto, and etc., it is only for the purpose of establishing a grade and quality. Since Kane County does not wish to rule out other brands, the phrase "or approved' -equal'' ·· is added unless indicated as "NO SUBSTITUTION". An "approved equal"-is· identical, equivalent, or superior in grade or quality with these specifications that. may be offered. Kane County will be the sole judge as to acceptability of an "Approved Equal".

RESPONSE INSTRUCTIONS

An original, marked as "original" bid (with submittal requirements), one complete paper copy and one CD copy shall be returned in a sealed package bearing the name and address of the respondent and be labeled. "25-012 Blackberry Creek Stream Maintenance" Your Bid may be mailed or hand delivered to:

County of Kane Purch~$ing Department Building (A) Room 210 719 South Batavia Avenue Genevar..IL 60134

ALL QUESTIONS PERTAINING TO THIS BID AND/OR THE SCOPE OF SERVICES SHOULD BE DIRECTED TO .. . , ... : ...... . ..

THE PURCHASING OFFICE AS LISTED ON THE'CQVER SHEET. QUESTIONS SHALL BE RECEIVED VIA FAX OR E-MAIL NO LATER THAN 12:00 P.M., THURSDAY, MARCH 29,2012. BIDS MAY NOT BE SUBMITTED ELECTRONICALLY.

FAX TO (630) 208-5107

E-MAIL:

OR

[email protected] ..... I: • ' '·•' ··~·

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ATTACH·MENT

•Special Provisions

•Exhibit A- Typical Stream Profile

•Site Map

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SPECIAL PROVISIONS

Blackberry Creek Special Provision pages 1 of 9

2012 BLACKBERRY CREEK STREAM MAINTENANCE PROJECT DEBRIS & SNAG REMOVAL AND STREAMBANK TREE & SHRUB THINNING

PROJECT DESCRIPTION

This project is funded by the Illinois Department of Commerce and Economic Opportunity. The purpose of this project is to provide stormwater maintenance and flood control measures within a portion of Blackberry Creek. There are numerous areas of Blackberry Creek between Bliss Road and east of Densmore Road that contains debris jams and snags, also deadfalls and damaged or unwanted trees and shrubs located along creek banks or within the creek. Many of these areas need to be thinned or completely removed to the surface without disturbance of the root balls. To complete this work it is the desire of the County of Kane to secure a contractor to complete said improvements in accordance with good stream husbandry management techniques.

PROJECT LIMITS

The Contractor will be responsible for removing debris accumulations within Blackberry Creek and along the overbanks from Bliss Road to east of Densmore Road as directed by County Staff (Manager). The area along the overbaq~s, is measured ten (1 0) feet from the top of bank perpendicular to and in a direction awa)tfrbm the 'stream. Dead woody material, debris jams, beaver dams, nuisance vegetation and trash will be addressed to the complete satisfaction of the Manager. The project work area includes work to be completed on both private and public land,the Contractor must acquire written approval from any property owner and the Manager if operations exceed or go beyond the alloi,IVable limits described above. The Manager shall have final determination of any limits in question: _,

DEFINITIONS

Flush-cut: A cut which is parallel to th(3. adjacent ground contours. Height of flush-cut should not exceed 1/2" above ground. · · · ·

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Project Area: The project area consists of the stream and an area ten (1 0) feet in width measured perpendicular to the Top of Bank along both sides of the stream on both private an public land.

Stream Maintenance: The Contractor will remove all in stream debris and obstructions, unless otherwise directed by the Manager. All !llat~rials must be disposed of properly. All work will be done in an environmentally sensitive, costeffe'ctive manner.

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Top of Bank: A significant break or change in the slope of the streambank adjacent to the Normal Water Level (N.W.L.) of the stream (see Exhibit A).

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CONTRACT SERVICE COMPLIANCE


During any contract performance concerns, the Manager will work with the Contractor to improve performance and minimize any delay in billing. It will be at the discretion of the Manager to document specific concerns and, if necessary, impose an award price reduction. The progression of service will be as follows:

A meeting will be set up at the County office to review any concerns. This meeting will be followed by a letter from the Manager documenting the concern and any service agreements. If compliance is not attained the next business day or as specified in the letter to the Contractor, a second letter will be sent noting noncompliance. If compliance is still not evident to the Manager, then the Manager will be able to impose a contract reduction of five hundred dollars ($500) immediately.

PAYMENT, WORKING HOURS AND COMPLETION

The Contractor shall be paid in accordance with the unit price per item contained in the Items ordered by Manager (IAOM) portion of the Offer to Contract Form (OTC). The Contractor shall bill hourly, with a minimum of four (4) hours each Day, for all work performed by staff. All work is to be done in single shift during normal working hours 7:00 a.m. to 4:30 p.m. (excluding weekends and holidays). The Contractor may eleCt, t~ .. work outside of normal working hours, with the approval of the Manager, at their own exp~hse in order to comply with the completion dates of June 1 I 2012. It is desirable to conduct' an work on ground in the most stable condition. If work outside of normal hours is ordered by the Manger, additional cost thereof will be paid by the County in accordance with the terms of ,t~e C~ntract., •.

CONTRACTOR PERSONNEL RESPONSIBILITIES .

The Contractor shall be responsible for' tlie ·conduct of their staff and any Subcontractors. A regular crew list shall be submitted to the Manager ten (1 0) days after the Notice to Proceed is issued. The list will show name, skill position(s), signature, and equipment experience. When the crew is mobilized to a site the crew attire,Jl)USt be neat and clean in appearance. Company logo attire is preferential. If any worker shows~U'p to a job' site with inappropriate work attire he or she must be removed from the site immediately .. Failure to do so will result in a write-up from the Manager. There will be NO substance abuse, public intoxication, foul language, sexual abuse, or fighting allowed at any time. Upon subsequent occurrences the Manager may exercise the option to remove the entire crew immediately wifh the. Contractor being paid only for the amount of labor and equipment hours worked. Any occurrence of the above nature can result in disciplinary action up to and including revocation of the contract. ·

MOBILIZATION/DEMOBILIZATION

The Contractor shall be required to supply a·ny or all of the equipment, materials, and labor listed on the Offer to Contract Form to perform Stream Maintenance. This work shall consist of preparatory work and operation necessary for the movement of personnel, equipment, supplies, and incidentals to and from the project site .and all other work or operations which must be performed or costs incurred when beginning work at the project location or a new site directed by the Manager. No separate payment for labor, equipment, or materials prices listed on the OTC Form will be paid for to mobilize or demobilize. The Contractor must notify the Manager at least twenty-four (24) hours prior to mobilizing to ·a· new lgcation.

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STREAM MAINTENANCE

·.' .. Blackberry Creek Special Provision pages 3 of 9

The cost to mobilize, as well as demobilize back to any site the Contractor was previously operating, shall be included as IAOM Item #1 of the Offer to Contract Form. No separate labor, equipment, or material costs will be paid fqr:to·mobilize or demobilize to and from any site(s). The hourly or unit price for performing stream ·maintenance shall be paid for at the hourly or unit prices listed on the Offer to Contract Form. The Contractor must notify the Manager to the exact time the Contractor plans to perform stream maintenance after mobilizing. Payment or recording of any of the time and material items will not start unless prior notification is given and is acceptable to the Manager. No additional payment for mobilization /demobilization will be paid for items ordered by the Manager when the Contractor is not required to be on site within twenty-four (24) hours.

EQUIPMENT AND MATERIALS

Small tools

Individual pieces of equipment not listed in the Offer to Contract Form and having a replacement value of $500.00 or less shall be considered to be tools or small equipment and no payment will be made for their use on the work (rakes, saws, ropes, wheelbarrows, etc.)

Operating Costs

Standard operating costs for routine servtcir:t;g_ and re'pair, service and lube, labor, fuel, lubricants, filters, tires, tire service, lube trucks, etc.'.'shall be included in the hourly rates for all equipment listed on the itemized proposal. No additional compensation for ordinary operating expenses will be allowed. ·

Equipment and Materials

All equipment and materials may be substituted for an equal basis at no additional cost to County. Contractor equipment substitutions must be requested in writing and approved by the County in writing before using. Any equivalent (or Approved Equal) equipment substituted that is greater in size or performance will not be compensated at a higher rate than the equipment specified. Desired equipment and material to complet~ this· ptoject are listed below and on the Offer to Contract Form. The Manager reserves'' tne righf to inspect all equivalent or approved equal equipment lists other than following listed'equfpment·

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EQUIPMENT

Crane Truck -A ,_ '· Simon-R01 Model No. TC2863, 14,.1;"on boom:crane with a clam shell.

Grapple Truck .. · ·· '. .

Boat

Pan(s)

Prentiss Model No. 11 0-BC, Grap'ple with 20 ft. articulated boom mounted on tandem axle truck with 20 cu. yd. box.

Jonboat, 4' x 8', with trolling motor, oars and rigid reinforced towing system for pans.

Floating metal bin with a minimJhl: capaCity of 64 cu. ft., for loading trash and woody material that can be lifted by CranefTruck (rough dimensions 8'x4'x2') .

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Chipper Unit


12" Dia. tree chipping capacity, Mdrba:rk, Eager Beaver with chipper truck to haul chips. Southco, Model S-12, 15 cu. yd. capacity.

Dump Truck-A . · · · Semi, 20 cu. yd. capacity, 18 wheeler. ·. ·

Dump Truck-B Tandem, 12 cu. yd. capacity, 6.wheeler.

Chainsaw(s) · A minimum of three (3) Stihl Chainsaws, or equivalent must be onsite and in good working condition at all times

MATERIALS Herbicide

30% solution of Rodeo or generic equivalent and marker dye mixture.

SITE SUPERVISION

A foreman will supervise the job site at all times. The foreman will submit a daily attendance sheet to the Manager with the names, start time, skill position, and signature of each worker. The Manager's contact information will be provided'with.the Notice of Award.

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LABORER/OPERATOR/DRIVER/CLIMBER

The laborers shall be supplied with all t,he)1.ecessary equipment by the Contractor to perform stream maintenance to the satisfaction of fhe·Manager.

The crew shall consist of not less than two (2);' but no more than seven (7), laborers, not counting Foreman, Climber, Operator(s), and Truck Driver(s).

Each piece of equipment needs to be operated by a classified equipment operator. The Operator is responsible for minimizing the disturbance to stream and overbank areas, private property, etc.

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Truck drivers will be needed to transport woody material, trash, sediment, wood chips, etc. They will be held responsible to see that the materials they are transporting are contained and not falling out of the bed onto roads and/or private property.

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HERBICIDE APPLICATION ' :;

The Contractor shall possess an Illinois Department of Agriculture Commercial Applicator license and provide a copy to the County. This· person wil.l be responsible for the transportation of the herbicide to and from the designated. work locatio11. This person shall record the quantity of product used every day in American stahda,rd flo\IV ounces. This person will also document the area sprayed with the herbicide. Herbicide· shall he dyed blue or red to mark locations. The Contractor shall herbicide all live trimmed . and pruned trees and shrubs as directed by the manager.

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TREE AND/OR SHRUB TRIMMING AND·PRUNING ·.· . •' ·~ ' .


All tree and shrub trimming and/or pruning will be cohfined to an area not to exceed ten (10)feet from top of banks, unless otherwise directed by Manager. The Contractor must remove all woody material that was trimmed before leaving the site. NO WOODY MATERIAL TRIM OR ANY OTHER MATERIAL COLLECTED DURING THE DAY WILL BE ALLOWED TO REMAIN IN OR ALONG THE STREAM OVERNIGHT UNLESS FIRST GETTING PERMISSION FROM THE MANAGER. Trees and shrubs that need to be trimmed and/or pruned will be marked, when possible, by the Manager. If the trees and/or shrubs are not marked it is the responsibility of the Contractor to confirm what needs to be done with the Manager before trimming and/or pruning begins. Where the top of bank is not readily discernible, no trimming and/or pruning of trees/shrubs will commence until the Manager is notified and defines where top of bank is located. No trees, shrubs, forest growth, or landscaping outside of the project area shall be trimmed, pruned, or removed without prior written permission from the Manager .. Dead trees and shrubs overhanging the stream will be trimmed flush. Trees and/or shrubs under cut 60% or more will be trimmed flush, following confirmation with the Manager. If there is any question or doubt about whether a tree and/or shrub needs to be trimmed and/or pruned, the Contractor will contact the Manager for instructions. , . , ·

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The Contractor shall trim and or prune all. trees species of all size classes EXCEPT OAK, HICKORY, WALNUT, PLUM, HAWTHORN. AND ELDERBERRY. The main trees to trim and prune consist of box elder (Acer negundo),'bl~ck cherry (Prunus serotina), cottonwood (Populus deltoids), willow (Salix species) and mulberry (Morus alba).

If working when the stream banks are unstable the Contractor may have to work on wood-timber mats along muddy banks to complete said:wo'rk. · . ' ' .

UTILITIES AND EXISTING STRUCTURES .

The Contractor will be responsible for contacting the respective utility company in the event that a tree and/or tree limbs are entangled within: any overhead lines owned by that company. ; .. ' ;,

Unless otherwise indicated, all utilities and structures of any nature, whether below or above ground, that may be affected by the work shall be protected and maintained by the Contractor and shall not be disturbed or damaged during ttie progress of the work. Should the Contractor disturb, discount, or damage any utility or any structurl:l, all expenses of whatever nature arising from such disturbance or there placement or repair thereof shall.be borne by the Contractor.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (IEPA)

The Contractor will be responsible for calling I EPA's Office of Emergency Response (OER) before removing any fifty-five (55) gallon drums: or suspicious looking containers. OER staff can be contacted via phone at (800) 782-7860 ... :The Contractor should also contact the IEPA and the Manager when any or all of the following is'~ncountered; dead fish, oil plume, and when water color/smell is suspicious.

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TEMPORARY ACCESS


The Contractor will coordinate with the Manager anytemporary access on private or public land, needed to complete stream maintenance'aldng any given stream reach. Temporary access letters must be signed by the property owner before using the location for access to the stream. If the property owner is unavailable to sign the temporary access letter, the Contractor should seek an alternative access point. Failure to acquire a signed temporary access letter from the property owner or written permission from the Manager will be construed as negligence. Any expenses incurred for restoration or lawsuits as a result of negligence by the Contractor will be at the expense of the Contractor. The County Will not be subject to pay for any damages filed against the Contractor as a result of his/her negligence. Final payment will not be released until all claims have been resolved at the satisfaction of the Manager for any negligence relating to the Contractor performing any work outside of the Project Area as stated in these Special Provisions. The Contractor must obtain direction and written permission from the Manager prior to beginning any restoration to a temporary access area.

The Contractor shall be responsible for the restoration of all damages to the temporary access site. This shall be approved and inspected by the Manager within ten (10) days of discovery. The County shall reserve the right to hire qualified restoration contractors to satisfactorily complete such restoration as needed. Monthly paym~rt will not be released until all damage claims have been resolved to the satisfaction of the Manager. · .

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RESTORATION ,·.\, .,

Restoration will ONLY be paid for by the 1

C(:)unty as a result of any restoration required within ten (1 0) feet from top of banks or related to ·any 'temporary access sites approved by the Manager. Restoration to Temporary Access Routes\1\fill be paid for by the County only if a temporary access letter has been signed by the property owner. and approved by the Manager prior to utilizing the access. Restoration to the project areas, temporary access routes, and temporary stockpile sites will be performed at the request and sat,isf9ytion .oUhe Manager. Any restoration required for areas disturbed outside the project limits .. ',as a r~sult of Contractor negligence will also be performed at the request and satisfaction of the Manager, without compensation from the County. Final payment will not be released until all areas disturbed by the Contractor have been performed to the satisfaction of the ManagE;~r. The Manager shall choose the method of restoring the disturbed area. Reimbursement shall be made at the contract unit price defined on the OTC Form.

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EROSION CONTROL AND IMPACTS TO'SPECIAL MANAGEMENT AREAS

The Contractor will be responsible to meet the minimum erosion control requirements spelled out in County and municipal ordinances. Failure to comply with the minimum erosion control specifications will result in a STOPPAGE IN WORK and consequently NO PAYMENT will be made until the Contractor comes into complic:mce.

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Alternate access routes should be inv~stigated prior to accessing wetland areas whenever possible. Access through or along the edge of a wetland will not be allowed unless the Manager gives written permission. If access via a' wetl~rid is unavoidable, then it will be the responsibility of the Contractor to minimize the impact. td· ~the wetland ecosystem. The Contractor will be

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responsible for acquiring all the necessal)l permits that are required by the State of Illinois, Kane County, and/or municipalities. In addition·,. the · Contractor will follow all guidelines or recommendations that are made by the St'ate df Illinois, Kane County, and/or municipalities.

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If, machinery operated by the Contrac~o'r. qr their subcontractor(s) damage turf grass in or adjacent to the project area, repairs shair .be· the sole responsibility of the Contractor. Repairs shall include, but not be limited to, filliri"g ruts, adding soil, gill raking, hand raking, leveling, seeding, and mulchinga.

The Contractor shall not damage any manner' of culvert or drain tile occurring under trails, roads or crop fields. A pre-construction meetihg. snail be he.ld to ensure the Contractor is fully aware of all such structures prior to commencing wbd~. · Repal(and/or replacement of all damages culverts and/or drain tiles shall be the sole respo.nsibility of the contractor. Replacement material should meet or exceed the quality of the material"being replaced.

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Soil compaction by heavy equipment is a concern to the County. To avoid rut formations, work can commence only if soil is dry to sufficient depth (as determined by the County). The County is well aware that forestry log skidders can create ruts. Failure of the Contractor to consult with the County prior to moving heavy machinery to this project site can result in a $500.00 fine per day until machinery is removed. If soil is not sufficiently dry to County standards, the County reserves the right to cancel the contract. In the event that ruts are created by the Contractor during construction, it will be the responsibility of,the Contractor for repairing all ruts to the satisfaction of the County. For the purposes of this project, ruts are defined as a soil impression from a tire or track, deeper than 2 inches below the origJnal soil grade.

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SEEDING AND MULCHING

Seeding will be only directed by the M~riag.ef for its ihstallation. The seed mixture shall consist of thirty-three (33) pounds per acre of Keh,fu¢ky Bluegrass, thirty-three (33) pounds per acre of Timothy, and thirty-three (33) pounds percl"cre of O'i'c~hard Grass, unless otherwise directed by the Manager. The rate of application shall be :not' less th~:m one hundred (1 00) pounds per acre. The cost for the above mixture shall be included ·uhCier IAOM of the Offer to Contract Form.

Mulching shall be applied concurrently with the seeding operations. No seeding will be paid without prior written direction by the Manager~

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MONTHLY PROGRESS MEETINGS : ~ .

The Contractor's foreman shall attend weekly progress meetings at a location designated by the Manager. Meetings shall cover such items· as progress, land access, payment requirements, changes, anticipated stream maintenanc~ requests, and any other concerns related to stream maintenance activities. ' 1

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ITEMS AS ORDERED BY MANAGER (IAOM)

These items and quantities are not ·~·p~ci,f;l.9ally dir_ected in these special provisions for their installation. The Manager reserves the rig'hf:t<Y direcfthe installation of any or all the items within twelve (12) months from the Notice to Ptc>"ceed effective date. The Manager may also choose not to use any or all of the items listed uhp<:;!r.)AOM of the Offer to Contract Form ITEMS AS ORDERED BY MANAGER. The Contractor shall not be entitled to reimbursement of any claim arising from the deletion of any or all items listed under IAOM of the OTC Form.

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MISCELLANEOUS LABOR AND MATERIAL ALLOWANCE ... · .. _. ··:··.' .. ·


Miscellaneous materials purchase, labor;>and dispo~al cost allowances shall be used for any requested services not specifically defined''elsewhere in the Contract Documents. This shall include, but not be limited to, items such as Hard to Handle Materials, hazardous waste material, and traffic control. Miscellaneous allowances are limited to maximum reimbursement of the actual billing plus five (5) percent to cover overhead and profit charges. The Contractor must supply the Manager a copy of the receipt for all miscellaneous allowances.

Disposal

All materials removed from the stream and/or along the overbanks must be properly disposed of prior to receiving partial payment from the County. The Contractor will be responsible for acquiring all the necessary permits needed to properly dispose of these materials in an environmentally safe manner. The Contractor is also responsible to safely dispose of all material when hauling the material. Haul trucks must be covered or closed during transportation of wood chips. The Contractor will be responsible for keeping all roads clear of fallen debris and mud. The Contractor shall keep a record of how many cubic yards. of woody material, wood chips, and trash have been removed from the project areas and supply·totals to.:the ·Manager at completion of each project. The Contractor shall not be reimbursed on 1:1 cubic yard pasis but shall serve as only information to the County. · · · ' ·

Wood Chips

Primary and secondary trucks and branches of all tre~s felled or removed along Blackberry Creek shall be processed into woodchips in the 'designated 'staging area. Only very small branches, leaf bearing twigs and seed bearing branches shall be considered waste. The Contractor shall use the most cost effective means to process materials. The Contractor shall document final disposition of processed materials at no additional costt,e the County. If no off-site location is designated by the Contractor the processed materials shall. be chipped and then hauled to a location within the Aurora West Forest Preserve at no additional cost to the County. The woodchip deposit location is the Kane County Forest Preserve District's. Natural' Resources facility at: Aurora West Forest Preserve ·'· • ·

40W244 Hankes Road Aurora, IL 60507

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The Contractor shall supply necessary st~ft -~-~q eqU\phlent to tub grind all wood chips delivered to the Aurora West Forest Preserve. Final tub·ground material shall be double-ground wood mulch of industry standard size used in landscaping. THE WOOD CHIPS CANNOT BE LANDFILLED. This shall be considered incidental to the contract.

Hazardous Waste Material

Certain materials removed from the stre~ti{~nd/oralong the overbanks require special handling and disposal. Tires, white goods, white godd'dbmpbnents, or any other hazardous waste removed from the stream and/or along the overb'anks are to be disposed of in accordance with all applicable federal, State of Illinois, and Ideal. procedures, rules, regulations, standards, and laws. The County will assist the Contractor in t~e. disposal of this material. The Contractor will pay for cost of handling and disposal of these materials upon written permission from the Manager .

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Hard to Handle Material


Some materials removed from the strean:fanq/or along the overbanks cannot be chipped but still must be disposed of properly. This materi'aL·(i!e., rqot wads) in which there is a mixture of wood, soil, clay, and stones intertwined making. it impossible to chip without destroying the chipper blades and/or chipper, will be classified -as. "Hard To Handle Material". Prior to removal and disposal of this material, the Contractor! ,vviiiJeceive a confirmation from the Manager that the Contractor is permitted to remove and prqpedy dispose of this material at the nearest available landfill. ·

Damages

Paved Surfaces - The Contractor shall not damage roadway surfaces, parking areas, roadway shoulders and paved or limestone trails with machinery used on this project. Repair of any and all damaged roadways, trails, shoulders or parking areas asphalt or gravel base is the sole responsibility of the Contractor and shall be performed in accordance with lOOT and ASTM paving standards. :

Trail Protection. - The Contractor may need to supply sufficient crushed aggregate, sheet steel and/or two to three (2 to 3) layers of outdpor gr,ade COX plywood to protect SEVERAL twenty (20) foot wide segment of limestone screening's:t·r:a'il and shoulder leading into the work area. Crushed aggregate and trail covering shall be insta..'fe~. ~ maintained for the duration of the project.

a. Prior to placement of protective' co,yering, a designated Contractor representative and the County project manager sh~ll irieet to document existing roadway conditions.

b. Materials used to protect the· asphalt trails and limestone trails must be removed by June 1, 2012, or earlier, as dictated by the County.

Traffic Control and Protection

To protect persons from injury and to ~vqid p[opert~,damage, adequate barricades, construction signs, lights, and guards, as required, shalf be placed and maintained by the Contractor when stream maintenance is performed at a .location \A{here equipment and personnel are working alongside a public right-of-way which crosses'the stream. All debris piles, equipment, and material which may serve as obstructions to traffic shall be barricaded and shall be protected by proper lights when the visibility is poor. The rules and regulations of appropriate authorities respecting safety provisions shall be used to determille the amount and layout of the traffic control. All work related to safety shall be the sole respon~ib,i'~i~y of. the Contractor. The Contractor shall obtain all required permits from the local governing' ag'ency·;, including Kane County, for all road closures and detours. Kane County permits that are:·required when working within Kane County right-ofways can be obtained by calling the Kane: County Division of Transportation at (630) 584-1170. Interference with traffic movements and (!)convenience to owners of abutting properties shall be kept to a minimum. .,. : . · ' ·

When machine operation is occurring along the existing pedestrian trail, the Contractor must clearly post professionally made 36" x 36" blaze. orange signs indicating "TREE CLEARING AHEAD" or "CAUTION MACHINERY WORK AREA". Also, during herbicide application the Contractor must clearly post professiol)ally made blaze orange signs indicating "CAUTION HERBICIDE USE AHEAD" or similar asc:.lpproved by County along the existing pedestrian trail.

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EXHIBIT A: • l ~ • • ". ; j ••

(TYPICAL STREAM PROFILE)

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Blackberry Creek Special Provision • Exhibit A

TOP OF BANK: A sigriifiCant br~ak or change in slope of the streambank adjacent to the Normal Water Level (N.W.L.) of the stream.

END OF SPECIAL PROVISIONS

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