CITY OF GENEVA PROJECT SPECIFICATIONS LEAK DETECTION PROGRAM DIVISION 1 BIDDING DOCUMENTS

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1 CITY OF GENEVA PROJECT SPECIFICATIONS LEAK DETECTION PROGRAM DIVISION 1 BIDDING DOCUMENTS ADVERTISEMENT FOR BIDS PROPOSAL BIDDER CERTIFICATION AGREEMENT NOTICE OF AWARD NOTICE TO PROCEED CHANGE ORDER CONSTRUCTION PERFORMANCE BOND CONSTRUCTION PAYMENT BOND SUPPLEMENTARY CONDITIONS DIVISION 2 PROJECT SPECIFICATIONS

2 DIVISION 1 BIDDING DOCUMENTS CITY OF GENEVA REQUEST FOR PROPOSAL 2016 LEAK DETECTION PROGRAM The City of Geneva is requesting proposals for a complete leak detection program from an experienced professional services firm with extensive experience in water distribution system leak location and pinpointing. The program will cover a three year period. The City of Geneva is desirous of a professional services firm that will develop, plan and execute a leak detection program to: Survey/listen to the water distribution system to known and unknown leaks where they will be located through leak correlation. Correlated leaks will be prioritized according to condition and criticality. Results will include individual reports of the location and estimation volume of each leak located. Recommendations for refining of the scope and value of an ongoing system-wide program will also be made based on the overall evaluation of the criticality of each leak. The final report shall be submitted within thirty (30) days after completion of the project in a detailed report. Periodic reports may be required as determined by the City of Geneva. The specifications contained herein describe the minimum requirements of the City of Geneva and any omission shall not relieve the Proposer of furnishing quality service in a timely manner. Sealed proposals submitted in duplicate in a sealed envelope with the words 2016 Leak Detection Program will be received by the City of Geneva, Illinois until 10:30 A.M. Wednesday, October 5, 2016 at the office of the City Administrator, 22 South First Street, Geneva, IL 60134, at which time they will be publicly opened and read aloud. Instructions for Bidders, Bid Form, Plans, and Specifications are available on the City of Geneva Web Site. Geneva.il.us BID DEPOSIT A Bid Bond is required for 10% of the 3 Year Total Cost. BID AWARD AND RESERVATION The City of Geneva reserves the right to reject any and all bids, waive technicalities and to accept the bid which in the opinion of the City Council is the best value for the municipality's use and purpose.

3 SECTION 0300 BID FORM The undersigned proposes to provide professional services for a three year leak detection survey of the water distribution system in the City of Geneva. May 1, 2016 to April 30, 2017 Approximate Footage Cost Per Foot Total Cost 829,670 $ $ May 1, 2017 to April 30, 2018 Approximate Footage Cost Per Foot Total Cost 829,670 $ $ May 1, 2018 to April 30, 2019 Approximate Footage Cost Per Foot Total Cost 829,670 $ $ 3 Year Total Cost $ Emergency Service Cost Cost $ Per By submission of this bid, I certify that this bid has been arrived at independently and has been submitted without collusion between or among any vendor of materials, supplies equipment of services. Vendor Name: Address, State: Phone Number: Authorize Signature Title: Date:

4 SECTION CERTIFICATION FOR BID The undersigned, as a duly-authorized representative of the Bidder do hereby certifies to The City of Geneva, Kane County, Illinois, that the bidder is not barred from bidding upon the Bid Specifications for the Project known as 2016 Leak Detection Program, as a result of a violation of either Section33E-3 or33e-4 of Chapter 38, Illinois Revised Statutes, 1987 (As Amended). All laborers, mechanics and any other workers employed in this Public Work contract, weather employed by the Contractor or any Sub-Contractors, shall be paid in accordance with the prevailing wages accepted and approved by The City of Geneva as attached to the Project Specification. NAME COMPANY DATE (To be submitted with Bid)

5 CERTIFICATION OF COMPLIANCE WITH SECTION OF THE ILLINOIS MUNICIPAL CODE The undersigned, upon first being duly sworn, hereby certifies to the City of Geneva, Kane County, Illinois, that (Contractor) is not currently delinquent in the payment of any tax administrated by or owed to the Illinois Department of Revenue, or otherwise in default upon any such tax as defined under Chapter 24, Section Illinois Revised Statutes. VENDOR S NAME BY: (TITLE) Subscribed and sworn before me this Day of,2016 Notary Public (To be submitted with Bid)

6 CERTIFICATION FOR DRUG FREE WORK PLACE The undersigned, as a duly-authorized representative of the Contractor do hereby certifies to The City of Geneva, Kane County, Illinois, that the Contractor ensures that he/she will operate a work environment which is free of any and all illegal drugs in accordance with the Drug Free Workplace Act of January, In addition, any prescribed drugs that will impair an employee s judgment or ability to work safely should not be allowed on the work site or on any satellite location. NAME COMPANY DATE (To be submitted with Bid)

7 SECTION AGREEMENT THIS AGREEMENT is dated as the day of in the year 2016 by and between the City of Geneva, Illinois (hereinafter called OWNER), and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. WORK CONTRACTOR shall complete all WORK as specified or indicated in the Contract Documents. WORK is generally described as follows: This project consists of a Three Year Leak Detection Program. 2. ENGINEER The City of Geneva, Illinois (hereinafter called OWNER), will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the WORK in accordance with the Contract Documents. 3. CONTRACT PRICE OWNER shall pay CONTRACTOR for performance of the WORK in accordance with the Contract Documents in current funds as follows: Payment shall be made on the basis of the monthly estimates of partial completion, approved by the OWNER, except as otherwise provided in the detailed specifications for each class of WORK. Contract price may be changed only by a change order. For each change order, CONTRACTOR shall submit to the OWNER for review, sufficient cost and pricing data to enable the OWNER to ascertain the necessity and reasonableness of costs and amounts proposed, and the allow ability and eligibility of costs proposed.

8 IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. This Agreement shall become effective on, OWNER City of Geneva, Illinois CONTRACTOR by Mayor by (Corporate Seal) (Corporate Seal) Attested Attested by by City Clerk (City Seal) (Notary Seal) Address for Giving Notices Address for Giving Notices City of Geneva 1800 South Street Geneva, Illinois 60134

9 SECTION Notice of Award Date: To:, 20 Project: City of Geneva Leak Detection The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids and Information for Bidders. You are hereby notified that your bid has been accepted for items in the amount of ($ ). You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR S PERFORMANCE BOND, PAYMENT BOND and CERTIFICATES OF INSURANCE within ten (10) calendar days from the date of this Notice of Award. If you fail to execute said agreement and to furnish said BONDS within ten (10) days from the date of this Notice, OWNER will be entitled to consider all of your rights arising out of the OWNER S acceptance of your BID as abandoned, and as a forfeiture of your BID BOND. The OWNER will be entitled to any other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of, 2016 City of Geneva, Illinois Title

10 ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by this the day of, (Name) (Title)

11 SECTION NOTICE TO PROCEED Date:, 2016 To: Project: City of Geneva Leak Detection Owner: City of Geneva, Illinois You are hereby notified that the contract time for the above referenced project commences to run on,, On this date you are to start performing your obligations under the Contract Documents. In accordance with Article 3 of the Agreement the dates of Substantial Completion shall be,, 20 and Final Completion shall be,, 20. You are required to return an acknowledged copy of this NOTICE TO PROCEED to the OWNER. Dated this day of, 2016 City of, Illinois Title

12 ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the day of, (Name) (Title)

13 SECTION CHANGE ORDER Change Order No: Date: Date of Agreement:, 2016 Project: City of Geneva Leak Detection Owner: City of Geneva 1800 South Street Geneva, Illinois Contractor: The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Original Contract Price Amount of Previous Change Order(s) Current Contract Price adjusted by Previous Change Order(s) Change in Contract Price Due to this Change Order Contract Price Including this Change Order $ $ $ $ $ Change to Contract Time Calendar Days The Contract Time will be adjusted by Calendar Days The date for completion of all work will be Calendar Days Approvals: (Contractor) City of

14 SECTION PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) hereinafter called Principal, and (Corporation Partnership or Individual) (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto CITY OF GENEVA (Name of Owner) 1800 South Street, Geneva, Illinois (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, $( ). in lawful money of the UNITED STATES OF AMERICA for the payment of which sum will and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20 a copy of which is hereto attached and made a part hereof for the construction of:

15 SECTION PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that hereinafter called Principal, and (Address of Surety) hereinafter called SURETY, are held and firmly bound unto the City of, Illinois, hereinafter called the OWNER, in the penal sum of Dollars, ($ ), in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with OWNER, dated the day of, 20, for the construction of: CITY OF GENEVA Well House Roof Replacement NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used on connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said SURETY, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to work to be performed thereunder or the SPECIFICATIONS accompanying the same 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 or to the specifications. PROVIDED, FURTHER, that no final settlement between OWNER and CONTRACTOR shall bridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in four counterparts, each one of which shall be deemed an original, this day of, 20.

16 ATTEST: PRINCIPAL PRINCIPAL SECRETARY (SEAL) WITNESS AS TO PRINCIPAL ADDRESS OF WITNESS SURETY: ATTEST: SURETY SECRETARY: (SEAL) OWNER S ATTORNEY ADDRESS OF ATTORNEY IMPORTANT: Surety companies executing bonds must hold certificates of authority as acceptable sureties and be authorized transact business in the State of Illinois.

17 SECTION SUPPLEMENTARY CONDITIONS PAYMENT PROCEDURES 1. The Contractor shall submit a request for payment for work completed to the City of Geneva no later than the 5 th day of each month. The Contractor s request for payment shall be accompanied by the Contractor s Sworn Affidavit, waiver of lien and waiver of lien from each and every subcontractor and supplier from whom service and materials were obtained and used during the period covered by the payment request. 2. Each application for payment must be accompanied by a Certified Payroll. 3. Payments to the CONTRACTOR shall be made on the basis of monthly estimates equal to 90 percent of the value of the work completed and approved by the ENGINEER including materials and equipment delivered to the job, until the project is substantially complete. When the work is substantially complete, the retainage may be reduced to five percent of all the additional work satisfactorily completed, Provided that the CONTRACTOR is making satisfactory progress, and there is no specific cause for greater withholding. CONTRACTOR'S REPRESENTATIONS 1. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representation: 2. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, WORK, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the WORK. 3. The award or execution of all subcontracts by a prime CONTRACTOR and the procurement and negotiation procedures used by such prime CONTRACTOR in awarding or executing such subcontracts shall comply with: All provisions of federal, State and local law, All provisions of Illinois Administrative Code Title 35 Section with respect to fraud and other unlawful or corrupt practices; All provisions of Illinois Administrative Code Title 35 Section with respect to access to facilities, records and audit or records; and The provision requiring a certification of compliance with federal Executive Order regarding debarment, suspension and other responsibility matters. 4. CONTRACTOR shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. CONTRACTOR shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts. Failure by the CONTRACTOR to carry out these requirements is a

18 material breach of this contract which may result in the termination of this contract or other legally available remedies. MISCELLANEOUS 1. Safety: The Contractor shall take all necessary job safety precautions as required to be in accordance with all Local, County, State, and Federal requirements including the Federal Occupation Safety and Health Act normally referred to as OSHA. 2. Hours of Work: The maximum working hours by City ordinance are as follows: 7:00 AM to 5:00 PM Monday through Friday, including the start-up of equipment. 8:00 AM to 4:00 PM Saturday if approved by the Superintendent of Water and Wastewater. No work is allowed on Sundays or holidays. 3. Housekeeping: Keep materials neat and orderly. Remove scrap, waste and debris from project area. Maintain clean conditions while work is in progress and cleanup when work is completed. Portable wash room facilities will be provided by Contractor. CONTRACTOR S INDEMNIFICATION AND INSURANCE 1. Contractor s Indemnification. Contractor has absolute and entire responsibility and liability for all damage, loss or injury of any kind, direct or indirect, to any person (including death) or property (except as otherwise provided in this Section) arising out of or in any manner based on the performance by the Contractor under the Contract, or caused by or resulting from the performance of the Work. In addition to the indemnity provided in (and without in any way limiting such indemnity), Contractor shall, to the fullest extent permitted by law, indemnify, defend and hold harmless Owner and its officers, directors, agents, employees and representatives from and against any and all losses, claims, damages, expenses (including attorney s fees and costs) and liabilities arising out of or based upon property damage sustained or incurred by the Owner by reason of any act, omission, conduct, misconduct, negligence or default by Contractor or a Subcontractor or their respective employees and agents, except to the extent (but only to the extent) that any such loss, claim, damage, expense or liability is due to any act omission, conduct, misconduct, negligence or default by the Owner. In addition to the indemnity provided in (and without in any way limiting such indemnity), Contractor shall, to the fullest extent permitted by law, indemnify, defend and hold harmless Owner and its officers, directors, agents, employees and representatives from and against any and all losses, claims, damages, expenses (including attorney s fees and costs) and liabilities arising out of or based upon bodily injury (including death at any time resulting therefrom) to any person, including employees of Contractor or Subcontractor any act, omission, conduct, misconduct, negligence or default by Contractor or a Subcontractor or their respective employees and agents, except to the extent (but only to the extent) that any such loss, claim,

19 damage, expense or liability is due to any act omission, conduct, misconduct, negligence or default by the Owner. Nothing in this section shall require Contractor to indemnify Owner against the Owner s own negligence, to the extent that the Work and the Contract are subject to the provisions of 740 ILCS 35/1. 2. Contractor s Insurance. Contractor shall provide and maintain, and shall require each subcontractor to provide and maintain, in effect during the performance of any work under the Contractor at the Site minimum insurance coverage with carriers satisfactory to the Owner as Follows: Types of Coverage Limits of Liability 1. Workers Compensation Statutory 2. Employers Liability $2,000, Commercial General Liability $5,000,000 combined Including Public Liability, Bodily single limit per occurrence Injury and Property Damage and annual aggregate 4. Automobile Liability (covering) $2,000,000 combined owned and non-owned vehicles) single limit per accident bodily injury and property damage The foregoing coverages shall be primary and shall not require contribution from the Owner. All insurance shall be occurrence coverage. Contractor may provide the coverages through the use of a primary liability policy or through a combination of primary liability and umbrella liability policies. However, the total limits of liability shall not be less than the limits set forth in this section. Additional Insured Endorsement. Contractor s liability insurance policies shall name the City of Geneva as additionally insured.

20 DIVISION 2 PROJECT SPECIFICATIONS PROJECT APPROACH AND PROJECT MANAGEMENT The proposal shall include a Project Approach summary, demonstrating their complete understanding of leak detection methodologies to be employed. This summary shall be a narrative describing the proposer s planned leak detection methodology and approach to the project. A comprehensive project management plan and planned auditing techniques shall be outlined. Proposer shall account for potential problems to be expected and techniques to be employed for solving those problems especially in the area of limited data, and accessibility to water system appurtenances. Quality Control and Quality Assurance procedures shall be outlined in this section, thus insuring the accuracy of the analysis of the data. The proposal will outline the proposed Project Management System related to the project. The Project Manager s responsibilities will be clearly spelled out as well as the responsibilities of the two person field team consisting of a Field Project Leader and a Field Technician, with task assignments clearly spelled out. This will identify who has the authority to speak on behalf of the Proposer for progress reports, and any changes to the project that may affect the outcome and completion of the project. LEAK DETECTION SCOPE OF SERVICE This work shall essentially consist of the following elements: Complete leak detection of the water distribution system through listening to all accessible main line valves, fire hydrants and needed appurtenances to ensure complete coverage of the system. Water distribution system contains approximately: 829,670 Feet of 4 to 16 Water Main 1,876 Fire Hydrants 2,175 Main Line Valves Surveying the above appurtenances to locate leaks ensuring that distances between listening points are not greater than 500 on metallic and concrete type pipes and no more than 200 on PVC and HDPE type pipes. Correlation of found leaks. Survey to be completed within 60 days of start date. Start Date TBD. Fiscal Year ends April 30 th. Compilation of the leak detection information into a complete and comprehensive report.

21 DETAILED SCOPE Listen to all fire hydrants, all main line valves, and when necessary, selected service connections in the entire distribution system. Physical contact with the valve, hydrant, pipe, or service connection. Metallic pipe; listening distances will not exceed 500' between points. I.E.:, valves, hydrants, service valves or meter settings will be used with preference of listening points in order as follows; direct contact with the pipe, main line valves, hydrant valves, hydrants, then service valves or meter settings. PVC and HDPE type pipe; All accessible valves, hydrants, service valves or meter settings will be used with preference of listening points in order as follows; direct contact with the pipe, main line valves, hydrant valves, hydrants, then service valves or meter settings. Listening distances will not exceed 200. Valve vaults full of water may be pumped out to facilitate listening. A Leak log shall be maintained indicating all areas where suspected leak noise was heard. When leak noise has been detected and or suspected, the Service Provider will verify the suspected area a second time to confirm the noise. At least four hours will pass between the initial listening of the area before a second listen and confirmation is attempted. Identify and document whether the leak is a high, medium, or low priority. High Priority Leaks that indicate leakage to be severe enough to warrant immediate repair and may be hazardous in terms of potential damage to property. Medium Priority Leaks that display water losses significant enough to be repaired as soon as possible. Low Priority Relatively small leaks that should be repaired as time permits. The Service Provider will line locate the water main and service lines in the immediate area so the correct pipe distances can be input into the leak correlator. For PVC and HDPE type pipe, locations will be interpolated to the best of the Service Providers ability. The leak location (pinpointed) will be marked in the field (on the surface) using environmentally formulated Precautionary TBD paint. Service Provider will return at no cost to line locate (pinpoint) if leak is not found in the dig area by field crews. The Service Provider will document all leak locations with a diagram indicating the location of the leak. Other information related to that correlation will be included as part of the field sheet such as the filters used for the correlation, line locations, distances between sensors, etc. The Service Provider will report daily or per request of the Utility, to the assigned Utility Manager and go over the progress of the previous day, as well as cover what will be surveyed the current day. It may be necessary to conduct parts of the Leak Survey during off hours such as at night. This may be required in areas of high traffic volume where traffic noise may affect the ability to detect leak noise, and traffic volume may affect the ability of the Service Provider to be able to safely access main line valves in the middle of the street. The Service Provider will give 24-hour advanced notice of intent to survey a particular area that may require after hours surveying or nighttime surveying. There will be a minimum of Two Persons per team working on the survey at all times. The leak detection equipment to be used will be that which was described in the Equipment to be used section. All Field Staff will have readily observable identification badges worn while in the field.

22 FIRM EXPERIENCE The proposal shall include a company overview covering all the services provided. This should include its primary line of business; how long the company has been in business, and how long the company has been providing leak detection services with regard to this proposal. The proposal shall include at least five (5) project references where the firm has completed similar work in size and scope in the last three (3) years. This submittal will include the following: A brief description of the work completed. Contracted amount. Time required completing the project. Findings of the project. Projected annualized cost saving to the City. Contact names, phone numbers, addresses, and addresses of the City authorizing the project. EXPERIENCE OF KEY PERSONNEL At a minimum, the project team shall be consist of the following personnel: A Project Manager with five (5) years of managing leak detection programs. A Field Project Leader with three (3) years of leak detection programs, and A Field Technician is not required to have experience if he/she has been employed by the professional services firm for less than one (1) year. However, the City of Geneva prefers the Technician to have completed training (certified where applicable) in traffic control and flagging (ATSSA and/or MUTCD Standards), confined space entry, CPR and First Aid within six (6) months of his/her hire date. The Technician/Laborer will also have an OSHA 10 Hour Card in General Industry (OSHA Standard 1910) within the same six (6) month period. SAFETY The firm will adhere to the following: Proper PPE (personal protection equipment) shall be worn at all times. A class III reflective safety vest will be worn for all work. Class II is not be acceptable. The Project Team will follow all traffic safety rules, as is designated by the Utility, The Department of Labor, OSHA and the State Department of Transportation. Project personnel will be trained (certified were applicable) by an organization such as the AMERICAN TRAFFIC SAFTEY SERVICES ASSOCIATION (ATSSA), in Traffic Control and Safety (MUTCD Standards). The Project Team will follow all procedures regarding Work Place First Aid & CPR, as is designated by the Utility, The Department of Labor and OSHA. Project personnel will be trained (certified were applicable) in First Aid & CPR.

23 The Project Manager and the Project Leader will be trained in accordance with OSHA Standard 1910 (General Industry) and be in possession of an OSHA 10 Hour or 30 Hour Card. A minimum of Two Person Project Teams are required. The use of One Person Project Teams is not acceptable and will not be allowed to perform work on the water system DOCUMENTATIONS and COMMUNICATIONS The firm is expected to perform the following: Conduct a kick-off meeting with Geneva staff to cover the goals of the project and outline work procedures. The field crew will meet daily or as agreed upon, with assigned city personnel to go over areas of the fire hydrant assessment program for the prior workday, and plan current day and areas to survey. At the end of each day, or as requested, a list of any leaks located. Location of the leak. Estimation of leak. Priority of repair. Information collected by the Project Team during the leak detection program and any other information provided by the City of Geneva shall be regarded as CONFIDENTIAL and will not be shared without permission from the City of Geneva. A leak detection log of activity will be included with the final report that will include the following; Areas work performed in Type of problems observed Location of leaks discovered Estimated water loss Mapping errors on the water atlas A Final report will be prepared at the completion of the project which will include all leak location reports and other problems found in the system during the course of the leak detection program that need the attention of the Water Utility. This final report shall be made available for submission to the Water Department within thirty (30) working days of the completion of the fieldwork. LEAK DETECTION PROPOSED PRICING The Proposer shall supply the City of Geneva unit price (per foot of water main) and a total price for the proposed Leak Detection Program. This Unit price will include all costs associated with the Leak Detection Program for the selected contiguous areas in the distribution system. Along with the cost per foot, the Proposer shall include an Emergency Service Cost per site visit to assist the City of Geneva with pinpointing leaks during the three year contract. ASSUMPTIONS AND SERVICES PROVIDED BY THE UTILITY The City of Geneva will furnish all maps, atlases, (two copies) and records necessary to properly conduct the leak detection program The City of Geneva will assist as necessary where traffic control may be extreme.

24 The City of Geneva will also make available, on a reasonable but periodic basis, certain personnel with a working knowledge of the water system who may be helpful with the leak detection program and for general information about the water system. This person will not need to assist the Project Team on a full time basis, but only on an as needed basis. The Utility will assist, if needed, to locate all nonmetallic pipes within the service area. PREVAILING WAGES This contract calls for the construction of a public work, within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01 et seq. ( the Act ). The Act requires contractors and subcontractors to pay laborers, workers and mechanics performing services on public works projects no less than the prevailing rate of wages (hourly cash wages plus fringe benefits) in the county where the work is performed. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor s website at: All contractors and subcontractors rendering services under this contract must comply with all requirements of the Act, including but not limited to, all wage, notice and record keeping duties. CERTIFIED PAYROLL REQUIREMENTS (PUBLIC ACT ) Effective August 10, 2005 Contractors and Subcontractors on public works projects must submit certified payroll records on a monthly basis to the public body in charge of the construction project, along with a statement affirming that such records are true and accurate, that the wages paid to each worker are not less than the required prevailing rate and that the Contractor is aware that filing records he or she knows to be false is a Class B misdemeanor. The certified payroll records must include for every worker employed on the public works project the name, address, telephone number, social security number, job classification, hourly wages paid in each pay period, number of hours worked each day, and starting and ending time of work each day. These certified payroll records are considered public records and public bodies must make these records available to the public under the Freedom of Information Act, with the exception of the employee's address, telephone number and social security number. Any Contractor who fails to submit a certified payroll or knowingly files a false certified payroll is guilty of a Class B misdemeanor. FREEDOM OF INFORMATION ACT Contractor acknowledges that the Freedom of Information Act, 5 ILCS 140/1 et seq. (the Act ) places an obligation on the City of Geneva to produce certain records that may be in the possession of the Contractor. Contractor shall comply with the record retention and documentation requirements of the Local Records Retention Act 5 ILCS 160/1 et seq. and the Act and shall maintain all records relating to this Agreement in compliance with the Local Records Retention Act and the Freedom of Information Act (complying in all respects as if the Contractor was, in fact, the City). Upon notice from the City, Contractor shall review its records promptly and produce to the City within two business days of said notice from the City the required documents which are responsive to a request under the Act. If additional time is necessary to comply with the request, the Contractor may request the City to extend the time do so, and the City will, if time and a basis for extension under the Act permits, consider such extensions. In the event Contractor fails to produce the requested records or fails to produce the requested records within the time period required above and the City is assessed a fine, fee or penalty for failure to timely comply with the Act do to Contractor s actions, Contractor shall reimburse City for all fines, fee or penalties, including reasonable attorney s fees, paid by the City. END

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