Project Manual Project Manual Bid Packet and Specifications

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1 Project Manual Project Manual Bid Packet and Specifications Thursday, May 4, 2017 Lacrosse & Soccer Goal Replacement # Academy Drive Northbrook, IL Bid Submission Deadline: Wednesday, May 24, 2:00 PM Bid Opening: Wednesday, May 24, 2:15 PM At Northbrook Park District Joe Doud Administration Building 545 Academy Drive Northbrook, IL 60062

2 TABLE OF CONTENTS Advertisement To Bid 3 Invitation to Bid 4 Bidding information, Contract Requirements, & General Conditions Instructions to Bidders 5-9 General Conditions Schedule 14 Affidavit of Payment of Debts and Claims (AIA706) 15 Notice of Award (Sample) 16 Bid Form Subcontractor & Supplier List 20 Contractor Compliance and Certifications Attachment Specifications Scope of Work 24 Specifications 24 Exhibits Sample Contract Evolution: EVO 2.1 Soccer Goal Jaypro Sports: Deluxe Official Lacrosse Goal Jaypro Sports: Competition Lacrosse Net Exhibit A Exhibit B Exhibit C Exhibit D Northbrook Park District Page 2

3 LEGAL NOTICE ADVERTISEMENT TO BID The NORTHBROOK PARK DISTRICT does hereby invite sealed bids Lacrosse & Soccer Goal Replacement #2130. Bids will be received until May 24, 2017 at 2:00 PM by mail or delivered by hand to Theresa King, Northbrook Park District, 545 Academy Drive, Northbrook, Illinois Immediately thereafter, the bids will be opened and publicly read aloud on May 24, 2017 at 2:15 PM in the Northbrook Park District's Conference Room at 545 Academy Drive, Northbrook, Illinois Each bid must be placed in a sealed, opaque envelope clearly marked "Sealed Bid: Lacrosse & Soccer Goal Replacement #2130 and addressed to the Northbrook Park District, 545 Academy Drive, Northbrook, Illinois, Attention: Theresa King. Bid Documents may be obtained in person at the Northbrook Park District, 545 Academy Drive, Northbrook, Illinois during normal business hours of 9 AM to 5 PM from Nicole Buch Phone: or via nbuch@nbparks.org upon request. The Northbrook Park District Board of Park Commissioners reserves the right to waive all technicalities, to accept or reject any or all bids, to accept only portions of a proposal and reject the remainder without disclosure for any reason. Failure to make such a disclosure will not result in accrual of any right, claim or cause of action by any Bidder against the Northbrook Park District. Bids shall not include federal excise tax or state sales tax for materials and equipment to be incorporated in, or fully consumed in the performance of, the work. An Exemption Certificate will be furnished by the Northbrook Park District on request of the Bidder, for use in connection with this project only. All bid proposals must be accompanied by a bid bond or bank cashier s check payable to the Northbrook Park District for ten percent (10%) of the amount of the bid as provided in the Instructions to Bidders. No proposals or bids will be considered unless accompanied by such bond or check. The Contractor selected will also be required to comply with all applicable federal, state and local laws, rules, regulations and executive orders including but not limited to those pertaining to equal employment opportunity. Northbrook Park District Theresa King, Purchasing Dated: May 4, 2017 Northbrook Park District Page 3

4 To appear in Northbrook Star On May 4, 2017 INVITATION TO BID Date: May 4, 2017 RE: Lacrosse & Soccer Goal Replacement #2130. Dear Bidder: Sealed bids for Lacrosse & Soccer Goal Replacement #2130 will be received by the Northbrook Park District at our office, 545 Academy Drive, Northbrook, Illinois until May 24, 2017 at 2:00 PM, at which time the bid proposals will be publicly opened and read aloud on May 24, 2017 at 2:15 PM. Bids submitted after the closing time will be returned unopened. No oral or telephone proposals or modifications will be considered. Proposals shall be submitted on the attached Bid Form and returned in an opaque envelope clearly marked, Sealed Bid: Lacrosse & Soccer Goal Replacement #2130. All bid proposals must be accompanied by a bid bond or bank cashier s check payable to the Northbrook Park District for ten percent (10%) of the amount of the bid as provided in the Instructions to Bidders. No proposals or bids will be considered unless accompanied by such bond or check. All Bidders must also submit a duly executed and notarized Contractor Contractor s Compliance and Certification Attachment/ Substance Abuse Prevention Program Certification. Failure of a Bidder to complete/submit these documents shall be the basis for immediate rejection of that Bidder s bid. The Northbrook Park District will accept the lowest responsible bid, considering terms of delivery, quality, conformity with Specifications and serviceability The Northbrook Park District Board of Park Commissioners reserves the right to waive all technicalities, to accept or reject any or all bids, to accept only portions of a proposal and reject the remainder without disclosure for any reason. The failure to make such a disclosure shall not result in accrual of any right, claim, or cause of action by any Bidder against the Northbrook Park District. Northbrook Park District Page 4

5 INSTRUCTIONS TO BIDDERS DATE: May 4, 2017 BID REQUEST: Lacrosse & Soccer Goal Replacement Sealed bids will be accepted until May 24, 2017 at 2:00 PM, at which time the bid proposals will be publicly opened and read aloud on May 24, 2017 at 2:15 PM in the conference room at the Northbrook Park District, 545 Academy Drive Northbrook, IL Any bids received after this time will be considered non-responsive and returned. All Bidders are welcome to attend the bid opening. After bid opening, bids will be submitted for approval to the Northbrook Park District Board of Commissioners at a regularly scheduled meeting. Bid Documents may be obtained in person at the Northbrook Park District, 545 Academy Drive, Northbrook, Illinois during normal business hours of 9 AM to 5 PM from Nicole Buch Phone: or via nbuch@nbparks.org upon request. The words Contractor or Bidder shall mean the party bidding for or entering into the Contact for performance of the work covered by the written Specifications and Drawings, and its legal representatives or authorized agents. 1. Submission and Presentation of Bid Each bid shall be submitted on the enclosed Bid Form. All bids must be written or typed in blue or black ink and signed by the Bidder. All bids are to be enclosed in a sealed opaque envelope, clearly displaying the Bidder s name and address. The Bid number, date and time of opening must be located in the lower left corner of the envelope. The Northbrook Park District is not responsible for the premature opening of bids not marked as required. Any bid opened prematurely due to the failure of the Bidder to mark the envelope in accordance with this section will be considered non-responsive and returned. It is the sole responsibility of the Bidder to see that his bid is received in proper time. No faxed or bid or modification of a bid will be considered. Bidder must acknowledge all Addenda received in the spaces provided on the Contractor Bid Form. By submitting a bid, Bidder indicates that all considerations issued by Addendum are incorporated in the bid. Attached to the Bid Form will be one or more certifications regarding the Bidder s compliance with applicable laws. Failure of a Bidder to complete/submit a required certification shall be the basis for immediate rejection of that Bidder s bid. The certification of the successful Bidder shall become a part of the Contract with the Park District. 2. Explanation to Bidders Any explanation desired by a Bidder regarding the meaning or interpretation of the Bid Documents must be requested in writing no later than five (5) business day prior to the scheduled bid opening. The Park District shall in all cases decide all questions which may arise relative to the execution of the Contract on the part of the Contractor, and all estimates and decisions shall be final and conclusive. The Park District reserves the right to approve, Northbrook Park District Page 5

6 an equal to or superior to product or equipment required under the Specifications, or to reject as not being and equal to or superior to the product or equipment required under the Specifications. Any Addenda shall become part of the Contract Documents and will be furnished to all prospective Bidders. All Bidders must acknowledge each Addendum in the bid submittal. 3. Examination Drawings and Specifications Bidder shall thoroughly examine and be familiar with all of the Bid Documents including, but not limited to, the Drawings and the written Specifications. Any conflicts or discrepancies found between or among Bid Documents including, but not limited to, the Drawings and written Specifications, or any errors, omissions or ambiguities in the Drawings or written Specifications shall be immediately reported to the Park District and written clarification requested at least 5 days prior to the bid opening. If an error or omission is discovered after the bid opening, the Northbrook Park District reserves the right to determine whether to require the submission of new bids. Such decisions are final and not subject to recourse. Errors and omissions made by the Bidder cannot be corrected after the bid opening. Should discrepancies appear among the Contract Documents, the successful Bidder shall request in writing an interpretation from the Northbrook Park District before proceeding with the work. If the Bidder fails to make such a request, the Northbrook Park District shall determine which of the conflicting requirements shall govern; and the Bidder shall perform the work at no additional cost to the Northbrook Park District in accordance with said determination. The failure or omission of any Bidder to obtain, receive or examine any form, instrument, or information, or to seek needed clarification shall in no way relieve any Bidder from any obligations with respect to his bid. By submitting a bid, the Bidder agrees, represents and warrants that he has undertaken such investigation as he deemed necessary, has examined the Bid Documents, has obtained all needed clarifications and where the Bid Documents indicate in any part of the work, that a given result be produced, that the Bid Documents are adequate and the required result can be produced as indicated in the Specifications and Drawing(s). It is the responsibility of the Bidder to comply with all Specifications, state and local codes, permits, fees and inspections. Once the award has been made, failure to have undertaken and completed the foregoing tasks shall not be cause to alter the original Contract or to request additional compensation. Omissions from the Drawings and Specifications or the mis-description of details of work which are manifestly necessary to carry out the intent of Drawings and Specifications or which are customarily performed, shall not relieve the Bidder from performing such omitted or mis-described details of the work but they shall be performed as if fully and correctly set forth and described in the Drawings and Specifications. 4. Qualifications of Bidder The Northbrook Park District may take action deemed necessary to investigate the qualifications of each Bidder. Bidders must demonstrate that they have sufficient resources in order to accomplish delivery of vehicle by the specified completion date. 5. Prices The prices are to include the delivery of all materials; including equipment, supplies, tools, transportation, insurances, bonds, warranties, and all other facilities, and the performance of all labor and services necessary for the proper completion of the work except as may be otherwise expressly provided in the Contract Documents. Bids shall not include federal excise tax or state sales tax for materials to be incorporated in, or totally consumed in the prosecution of, the work to be performed. An exemption certificate will be furnished by the Park District upon request of the Bidder. Northbrook Park District Page 6

7 6. Bid Bond All bids must be accompanied by a bid bond or bank cashier s check payable to the Northbrook Park District for ten percent (10 %) of the amount of the bid and drawn on a responsive and responsible bank doing business in the United States. All bids not accompanied by a bid security, when required, will be rejected. The bid security of all except the three (3) lowest responsive and responsible Bidders will be returned after the decision to accept or reject bids by the Northbrook Park District Board of Park Commissioners. The bid security of the successful Bidder will be returned after acceptance by the Park District of a certificate of insurance naming the Northbrook Park District as the certificate holder and as additional insured, and the successful Bidder has executed and returned to the Park District for signature the Agreement for the Purchase of the Equipment, substantially in the same form as included in these Bid Documents. The failure of the successful Bidder to enter into the Contract and supply the required evidence of insurance within ten (10) days after the Agreement is presented for signature, or within such extended period as the Park District may grant, shall constitute a default, and the Park District may either award the Contract to the next responsible Bidder, or re-advertise for bids. In the event of a default, the Park District need not return the defaulting Bidder s bid surety and may charge against the defaulting Bidder for the full difference between the amount for the bid and the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the defaulting Bidder s bid surety. 7. Acceptance and Rejection of Bids The Park District may accept the bid of, and award the contract for the work to, the lowest responsive and responsible Bidder as determined by and in the sole discretion of the Park District. The Park District reserves the right to (1) reject all bids; (2) reject only certain bids which are non-conforming or non-responsive to the bid requirements; (3) accept only a portion, part or specific items of work of all and reject others, as the Park District shall in its sole discretion determine to be in its best interest; and/or (4) award the Contract to the responsible Bidder submitting the lowest bid responsive to the bidding requirements. No bid will be accepted from or Contract awarded to any person, firm or corporation that is in arrears or is in default to the Park District upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to said Park District or that has failed to perform faithfully any previous contract with the Park District. In the event of a rejection of a portion, part, or certain items of work of all bids, the bid of each Bidder shall automatically be deemed reduced by the amount of such rejected part or item at the unit price or other cost designated therefore by that Bidder on its submitted Contractor Bid Form. The successful Bidder so selected may not refuse to enter into a Contract with the Park District on the basis that the Park District awarded a Contract for less than all portions or items of the work specified in the Bid Documents. The Northbrook Park District Board of Park Commissioners reserves the right to waive any technicalities or irregularities, and to disregard any informality on the bids and bidding, when in its opinion the best interest of the Park District will be served by such actions and in accordance with applicable law. 8. Award of Contract Award of Contract will be made to lowest responsible Bidder that complies with the conditions and Specifications presented herein. Although price is a major consideration in the award of bids, the Northbrook Park District does not award on price alone and will also consider terms of delivery, quality, serviceability, conformity with Specifications, financial capability of Bidder, Northbrook Park District Page 7

8 and the performance of Bidder on other projects, as determined by the Northbrook Park District Board of Commissioners. The Park District shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bid Documents, and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted. Bids will be awarded to one Bidder for the entire Project or to any series of Bidders for an appropriate proportion of the Project. If specified in the Bid Form, awards will be based upon the submitted unit prices. The Northbrook Park District reserves the right to: determine whether a substituted selection, in its judgment, is an acceptable alternate; increase or decrease the quantities shown on the bid; to reject any and all prices or bids submitted without disclosure of reason; waive any irregularity, formality or technicality in any proposal; and accept that bid which is considered in the best interests of the Northbrook Park District. Such decisions are final and not subject to recourse. The acceptance of a bid will be by a Notice of Award, signed by a duly authorized representative of the Park District; no other act by the Park District shall constitute the acceptance of a bid. The acceptance of a bid by the Park District shall bind the successful Bidder to execute and perform the work of the Contract. The successful Bidder to whom the Contract is awarded by the Park District shall sign and deliver to the Park District, for execution by the Park District, all required copies of the Agreement for the Purchase of the Equipment, substantially in the same form as included in these Bid Documents, along with all required insurance documents within ten (10) days after presentation to him of the Agreement, for signature. In case the Bidder shall fail or neglect to do so, he will be considered as having abandoned the Contract, and as being in default to the Owner. The Owner may thereupon re-advertise or otherwise award said Contract and forfeit the Bid Security. The Invitation to Bid, Instructions to Bidders, General Conditions, Supplementary and/or Special Conditions, if any, Drawings, Specifications, Contractor Bid Form, Addenda, if any, and the Contractors Compliance and Certifications Attachment comprise the Bid Documents. The Bid Documents, together with the Agreement for the Purchase of Equipment between Owner and Contractor, substantially in the same form as included in these Bid Documents, comprise the Contract Documents. The Contract Documents taken together form the Contract between the parties. 9. Tax Exemption The Northbrook Park District is not subject to federal excise or Illinois retailer s occupation tax. An exemption certificate will be furnished by the Park District upon request of the Bidder. 10. Substitutions Unless otherwise indicated, the use of a brand name or catalog number in the Specifications is used for the purpose of establishing a grade or quality. Because the Northbrook Park District does not wish to rule out other competition, whenever a specific brand name or catalog number is mentioned, the Bidder should add the phrase or approved equal. Bidders proposing a substitution must request approval in writing to the Northbrook Park District at least five (5) business days prior to the bid opening and mark the items as or approved equal. All potential Bidders will be notified within three (3) business days by , fax or U.S. Postal Service of the approval or rejection of a proposed substitution. Bidders wishing to bid on the approved substitution shall submit a complete base bid as specified in the project manual. The alternate bid must be typed and must follow the same format as the base bid. Receipt of the alternate bid will be acknowledged and read at the bid opening. The Northbrook Park District Page 8

9 Northbrook Park District shall be the sole and final judge as to whether any proposed substitute is equal to or better than as specified in the project manual. These decisions are final and not subject to recourse. 11. Addenda Any interpretation, correction to, or addition to the Bid Documents will be made by written Addendum and will be delivered by mail or fax to each prime Bidder of record. The written Addenda constitute the only interpretations of the Bid Documents; the Park District accepts no responsibility for any other claimed interpretations or communications. It is the responsibility of each Bidder to verify that he has received all Addenda prior to submitting a bid. It is also the responsibility of each Bidder to verify that all subcontractors and material suppliers whose prices are incorporated in the Bidder s bid are familiar with the Bid Documents in their entirety, including all Addenda issued up to the time of bid opening. In the event a conflict or omission is discovered in the Bid Documents after the issuing of the last Addendum such that an interpretation cannot be issued by the Park District prior to bidding, the Bidder is directed to estimate on and provide the quantity and quality of material and labor consistent with the overall represented and indicated work so as to provide all materials, equipment, labor, and services necessary for the completion of the work in accordance with the Bid Documents. 12. Withdrawal of Bids Bidders may withdraw or cancel their bids at any time prior to the advertised bid opening time by signing and submitting a request for said withdrawal. After the bid opening time, no bid shall be withdrawn or canceled for a period of one hundred twenty (120) calendar days. 13. Postponement of Date for Opening Bids The Northbrook Park District reserves the right to postpone the date of presentation and opening of bids and will give written notice of any such postponement to each interested party. END OF SECTION Northbrook Park District Page 9

10 GENERAL CONDITIONS 1. Invoicing and Payment Terms for payment are governed by the Local Government Prompt Payment Act, 50 ILCS 505/1, et.seq.,unless as otherwise modified by the Contract Documents. Invoices should be sent following the acceptance of materials, supplies or equipment by the Northbrook Park District and should include the following information: 1. Name address and phone number of the Bidder; 2. Invoice number; 3. Itemized statement of services; 4. Any payment discount terms offered; 5. Complete W-9; 6. Waivers; and 7. Certified Payroll when applicable. 2. Guarantee and Warranty The successful Bidder warrants to the Northbrook Park District that all materials, supplies and equipment furnished will be of good quality and new unless otherwise required or permitted by the Specifications, that the materials, supplies and equipment will be free from defects not inherent in the quality required or permitted, and that the materials, supplies and equipment will conform to the Specifications. Materials, supplies and equipment not conforming to the Specifications, including substitutions not properly approved or authorized are defective and will be rejected by the Northbrook Park District. The Bidder must present the Northbrook Park District with two (2) copies of any manufacturer s warranty or guarantee information. If needed, the Bidder agrees to sign over warranties and guarantees to the Northbrook Park District. The Bidder guarantees the standard manufacturer s vehicle warranty. Any such defects must be corrected, either through repair or replacement, at the Bidder s expense. 3. Materials All materials supplied by the Bidder shall be new materials of the like and kind specified. Defective materials and equipment, including those damaged during installation or testing will not be accepted, and must be replaced or repaired in a manner satisfactory to the Northbrook Park District. 4. Completion Date The Bidder shall complete the work of this Project by the date set forth in the Schedule. Failure of the Bidder to complete this Project in accordance with the Specifications and schedule shall constitute a breach of the Contract. 5. Law Compliance Contractor shall comply with all federal, state, county and local laws, ordinances, rules and regulations and orders that in any manner pertain to this work. Such laws, ordinances, rules and regulations and orders shall be considered a part of these documents. Lack of knowledge on the part of the Bidder will in no way be cause for release of this obligation. Unless as otherwise specified by the Contract Documents, the Bidder shall, at its sole cost and obligation, be responsible for obtaining all permits required to perform its duties under the Contract. The Northbrook Park District reserves the right to reject any bid, cancel any contract and pursue and legal remedies deemed necessary if it becomes aware of a violation of any laws on the part of the Bidder. Northbrook Park District Page 10

11 6. Insurance Requirements A. Commercial General and Umbrella Liability Insurance Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $2,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this project/location. CGL insurance shall be written on Insurance Services Office (ISO) occurrence form CG , or a substitute form providing equivalent coverage, and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). District, its agents, officers, commissioners, employees and volunteers, shall be included as additional insureds under the CGL, using ISO additional insured endorsement CG or a substitute providing at least equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance afforded to District. If the additional insured have other insurance which is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of Contractor s liability under this insurance policy shall not be reduced by the existence of such other insurance. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground property damage. B. Business Auto and Umbrella Liability Insurance Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less that $2,000,000 each accident. Such insurance shall cover liability arising out of any auto including owned, hired and non-owned autos. Business auto insurance shall be written on Insurance Services Office (ISO) form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and later editions of CA C. Workers Compensation Insurance Contractor shall maintain workers compensation and employers liability insurance. The commercial umbrella and/or employers liability limits shall not be less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. If District has not been included as an insured under the CGL using ISO additional insured endorsement CG or a substitute endorsement acceptable to District under the Commercial General and Umbrella Liability Insurance required in this Agreement, Contractor waives all rights against District and its officers, officials, employees, volunteers and agents for recovery of damages arising out of or incident to Contractor s Work. Northbrook Park District Page 11

12 D. General Insurance Provisions 1. Evidence of Insurance Prior to beginning Work, Contractor shall furnish District with a certificate(s) of insurance and applicable policy endorsement(s), executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth above. All certificates shall provide for 30 days written notice to District prior to the cancellation or material change of any insurance referred to therein. Written notice to District shall be by certified mail, return receipt requested. Failure of District to demand such certificate, endorsement or other evidence of full compliance with these insurance requirements or failure of District to identify a deficiency from evidence that is provided shall not be construed as waiver of Contractor s obligation to maintain such insurance. District shall have the right, but not the obligation, of prohibiting Contractor from entering the premises until such certificates or other evidence that insurance has been placed in complete compliance with these requirements is received and approved by District. Failure to maintain the required insurance may result in termination of this Contract at District s option. Contractor shall provide certified copies of all insurance policies required above within 10 days of District s written request for said copies. 2. Acceptability of Insurers For insurance companies which obtain a rating from A.M. Best, that rating should be no less than A VII using the most recent edition of the A.M. Best s Key Rating Guide. If the Best s rating is less than A VII or a Best s rating is not obtained, the District has the right to reject insurance written by an insurer it deems unacceptable. 3. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to District. At the option of District, Contractor may be asked to eliminate such deductibles or self-insured retentions as respects District, its officers, officials, employees, volunteers and agents or required to procure a bond guaranteeing payment of losses and other related costs including but not limited to investigations, claim administration and defense expenses. 4. Subcontractors Contractor shall cause each subcontractor employed by Contractor to purchase and maintain insurance of the type specified above. When requested by District, Contractor shall furnish copies of certificates of insurance evidencing coverage for each subcontractor. 7. Indemnification To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the Northbrook Park District and their officers, officials, employees, volunteers and agents from and against all claims, damages, losses and expenses including but not limited to legal fees (attorney's and paralegal's fees and court costs), arising out of or resulting from the performance of the Contractor s work, provided that any such claim, damage, loss or expense (i) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, other than the work itself, including the loss of use resulting there from and (ii) is caused in whole or in part by any wrongful or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except to the extent it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. The Contractor shall similarly protect, indemnify and hold and save Northbrook Park District Page 12

13 harmless the Northbrook Park District, its officers, officials, employees, volunteers and agents against and from any and all claims, costs, causes, actions and expenses including but not limited to legal fees, incurred by reason of Bidder's breach of any of its obligations under, or the Contractor's default of, any provision of the Contract. END OF SECTION Northbrook Park District Page 13

14 SCHEDULE COMPLETION OF WORK A. The Park District requires that all items be delivered by: August 15, 2017 SCHEDULE SUBMITTAL A. Within seven (7) calendar days of Notice to Award, Bidder shall submit and review with the Park District, a formal schedule identifying the sequencing of events. END OF SECTION Northbrook Park District Page 14

15 CONTRACTOR S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS A. The American Institute of Architects "AIA Document G706 - "Contractor s Affidavit of Payment of Debts and Claims", 1994 Edition, is hereby made a part of the Contract Documents. B. Copies of this Document are available from: Chicago Chapter Office of the American Institute of Architects 222 Merchandise Mart Plaza Chicago, Illinois (312) END OF SECTION Northbrook Park District Page 15

16 NOTICE OF AWARD (SAMPLE) SUBJECT: NORTHBROOK PARK DISTRICT Dear Mr/Ms, The Northbrook Park District (Owner) has considered the bid submitted by for the subject project dated. You are hereby notified that your bid has been accepted for the Base Bid in the amount of $. You are required to execute the Agreement within ten (10) calendar days from the date of this Notice of Award. If you fail to execute said Agreement within ten (10) days, the Owner will be entitled to consider all your rights arising out of the acceptance of your bid as abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Sincerely, Ed Dalton Director of Parks & Properties ******************************************************************************** ACCEPTANCE OF NOTICE Receipt of this "NOTICE OF AWARD" is hereby acknowledged this day of, 20. Signature Print Name Title (Notary Seal) (Notary Public) Northbrook Park District Page 16

17 BID FORM Lacrosse & Soccer Goal Replacement #2130. Proposal of, Hereinafter called "Bidder", (a)/(an) (corporation, partnership, individual) doing business as To the Northbrook Park District, hereinafter called the "Owner". The Bidder, in response to your advertisement for bids for Lacrosse & Soccer Goal Replacement #2130, having examined the Specifications and other Contract Documents, hereby proposes to furnish and deliver all materials and supplies in accordance with the Contract Documents and install same, within the time set forth therein and at the prices stated below. These prices are to cover all expenses including delivery to Northbrook, Illinois. Bidder acknowledges receipt of the following Addenda, which are a part of the Contract Documents: Addenda Numbers:,,,,,, Bidder hereby agrees to start work within ten (10) days after receipt of signed agreement from the Owner and to substantially complete the project as specified in the Bid Documents. Bidder agrees to perform all of the work described in the Contract Documents for the following price: TOTAL BASE BID OF ALL ITEMS COMBINED $ Bid products/equipment as specified, equal to or superior to substitution to be approved by Owner. Review all details in the Scope of Work & Specifications sections of this Project Manual. ITEM DESCRIPTION SIZE QUANTITY COST #1 Supply & Delivery of Evolution: 8 Hx24 W 4 $ Depth: 3, Base: 9 EVO 2.1 Soccer Goal (with net) #2 Supply & Delivery of jaypro sports: LG 50 Deluxe Official Lacrosse Goal #3 Supply & Delivery of jaypro sports: LGN 50 Competition Lacrosse Net (white) Weight: 210 lbs 6 Hx6 Wx7 D 8 $ 15 lbs 8 $ Northbrook Park District Page 17

18 Accompanying this is a, In the amount of ($ ) (Bid Bond, Certified Check, Cashier s Check) ( ),(10% of bid amount) the same being subject to forfeiture in the event of default by the undersigned. In submitting this bid, it is understood that the right is reserved by the Owner to reject any and all bids and it is agreed that this bid may not be withdrawn during the period of days provided in the Contract Documents. The Bidder hereby certifies: A. That this bid is genuine and is not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; B. That he has checked carefully the bid figures and understands that he shall be responsible for any errors or omissions based on these Specifications and alternates as submitted on the Bid Proposal Form; C. That it is understood and agreed that the Northbrook Park District reserves the right to accept or reject any or all bids, or to combine or separate any section or work, and to waive any technicalities; D. To hold the bid open for one hundred twenty (120) days subsequent to the date of the bid opening; E. To enter into and execute a Contract with the Owner within ten (10) days after the date of the Notice of Award, if awarded on the basis of this bid, and in connection therewith to: (a) Accomplish the work in accordance with the Contract Documents; and (b) Complete the work within the time requirements as set forth in the Bid Documents. F. That if this bid is accepted, the Bidder is to provide all of the necessary equipment, tools, apparatus, labor, and to furnish all of the materials specified in the Bid Documents in the manner and at the time therein prescribed, and in accordance with the requirements set forth; G. To furnish a Bid Bond in accordance with the Instructions to Bidders; H. To commence Work as specified in the Instructions to Bidders, and to prosecute the Work in such a manner, and with sufficient materials, equipment and labor as will ensure its completion within reasonable time, it being understood and agreed that the completion within such reasonable time is an essential part of this Contract; and I. That Bidder has submitted an executed Contractor Compliance and Certification Attachment. By (Sign and Date) (Print Name) (Fax) FIRM NAME (Address) (Phone) ******************** STATE OF ILLINOIS SS. COUNTY OF COOK Northbrook Park District Page 18

19 I, the undersigned, a notary public in and for the State and County aforesaid, hereby certify that appeared before me this day in person and, being first duly sworn on oath, acknowledged that he/she is authorized to act on behalf of Bidder, and that he/she executed the foregoing Bid Form as his/her free act and deed and as the act and deed of Bidder. Dated: 20. My commission expires: (Notary Seal) (Notary Public) Northbrook Park District Page 19

20 SUBCONTRACTORS AND SUPPLIERS LIST The subcontractors and suppliers listed below will be involved in this contract work in the assignments listed. We understand that any deviation from this list must be requested and approved in writing ten (10) days before the start of the work that is involved. Failure to complete this list will result in rejection of bid. Legal name, current telephone number and address of all subcontractors must be included. Subcontractor / Assignment Suppliers / Materials Northbrook Park District Page 20

21 CONTRACTOR COMPLIANCE AND CERTIFICATIONS ATTACHMENT Note: The following certifications form an integral part of the Agreement between the Owner and Contractor. Breach by Contractor of any of the certifications may result in immediate termination of the Contractor's services by Owner. THE UNDERSIGNED CONTRACTOR HEREBY ACKNOWLEDGES, CERTIFIES, AFFIRMS AND AGREES AS FOLLOWS: A. Contractor has carefully read and understands the contents, purpose and legal effect of this document as stated above and hereafter in this document. The certifications contained herein are true, complete and correct in all respects. B. Contractor shall abide by and comply with, and in contracts which it has with all persons providing any of the services or work on this project on its behalf shall require compliance with, all applicable Federal, State and local laws and rules and regulations including without limitation those relating to 1) fair employment practices, affirmative action and prohibiting discrimination in employment; 2) workers' compensation; 3) workplace safety; 4) wages and claims of laborers, mechanics and other workers, agents, or servants in any manner employed in connection with contracts involving public funds or the development or construction of public works, buildings or facilities; and 5) steel products procurement. C. To the best of Contractor's knowledge, no officer or employee of Contractor has been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, or any unit of local government, nor has any officer or employee made an admission of guilt of such conduct which is a matter of record. D. Contractor is not barred from bidding on or entering into public contracts due to having been convicted of bid-rigging or bid rotating under paragraphs 33E-3 or 33E-4 of the Illinois Criminal Code. Contractor also certifies that no officers or employees of the Contractor have been so convicted and that Contractor is not the successor company or a new company created by the officers or owners of one so convicted. Contractor further certifies that any such conviction occurring after the date of this certification will be reported to the Owner, immediately in writing, if it occurs during the bidding process, or otherwise prior to entering into the Contract therewith. E. Pursuant to the Illinois Human Rights Act (775 ILCS 5/2-105), Contractor has a written sexual harassment policy that includes, at a minimum, the following information: (i) a statement on the illegality of sexual harassment; (ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment utilizing examples; (iv) the Contractor 's internal complaint process including penalties; (v) the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and directions on how to contact both; and (vi) protection against retaliation as provided by Section of the Illinois Human Rights Act. Contractor further certifies that such policy shall remain in full force and effect. A copy of the policy shall be provided to the Illinois Department of Human Rights upon request. F. (i) Contractor 's bid proposal was made without any connection or common interest in the profits anticipated to be derived from the Contract by Contractor with any other persons submitting any bid or proposal for the Contract; (ii) the Contract terms are in all respects fair and the Contract will be entered into by Contractor without collusion or fraud; (iii) no official, officer or employee of the Owner has any direct or indirect financial interest in Contractor's bid proposal or in Contractor, (iv) the Contractor has not directly or indirectly provided, and shall not directly or indirectly provide, funds or other consideration to any person or entity (including, but not limited to, the Northbrook Park District Page 21

22 Owner and the Owner s employees and agents), to procure improperly special or unusual treatment with respect to this Agreement or for the purpose of otherwise improperly influencing the relationship between the Owner and the Contractor. Additionally, the Contractor shall cause all of its officers, directors, employees, (as the case may be) to comply with the restrictions contained in the preceding sentence. G. Contractor knows and understands the Equal Employment Opportunity Clause administrated by the Illinois Department of Human Rights, which is incorporated herein by this reference, and agrees to comply with the provisions thereof. Contractor further certifies that Contractor is an "equal opportunity employer" as defined by Section 2000 (e) of Chapter 21, Title 42 of the United States Code by this reference. H. Neither Contractor nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act. I. Contractor is not barred from contracting with the Owner because of any delinquency in the payment of any tax administrated by the Illinois Department of Revenue, unless it is being contested. Contractor further certifies that it understands that making a false statement regarding delinquency in taxes is a Class A misdemeanor and, in addition, voids the Contract and allows the Owner, a municipal entity, to recover in a civil action all amounts paid to the Contractor. J. If Contractor has 25 or more employees at the time of letting of the Contract, Contractor knows, understands and acknowledges its obligations under the Illinois Drug Free Workplace Act (30 ILCS 580/1 et seq.) and certifies that it will provide a drug-free workplace by taking the actions required under, and otherwise implementing on a continuing basis, Section 3 of the Drug Free Workplace Act. Contractor further certifies that it has not been debarred and is not ineligible for award of this Contract as the result of a violation of the Illinois Drug Free Workplace Act. K. The Contractor shall comply with the requirements and provisions of the Freedom of Information Act (5 ILCS 140/1 et. seq.) and, upon request of the Northbrook Park District s designated Freedom of Information Act Officer (FOIA Officer), Contractor shall within two (2) business days of said request, turn over to the FOIA Officer any record in the possession of the Contractor that is deemed a public record under FOIA. Sign and Date: Print Name & Title: Phone: Firm Name: Address: Fax: **************************** STATE OF SS. COUNTY OF Northbrook Park District Page 22

23 I, the undersigned, a notary public in and for the State and County aforesaid, hereby certify that appeared before me this day in person and, being first duly sworn on oath, acknowledged that he/she is authorized to act on behalf of Contractor, and that he/she executed the foregoing certificate as his/her free act and deed and as the act and deed of Contractor. Dated: 20 Notary Public Northbrook Park District Page 23

24 SCOPE OF WORK The supplying & delivery of goods to 545 Academy Drive, Northbrook, IL by August 15, SPECIFICATIONS Bid products/equipment as specified, equal to or superior to substitution to be approved by Owner. The items shall be all new first quality items. (No secondhand or damaged items will be allowed). 1) Evolution: EVO 2.1 Soccer Goal DESCRIPTION: The 2B3406 Evolution 2.1 Soccer Goal meets NCAA and NFHS standards. The 2B3406 Evolution 2.1 Soccer Goal has a 4 3/8" round aluminum post/crossbar. The 2B3406 Evolution 2.1 Soccer Goal is all-surface friendly as the net clips into the Kwik Lock Net System around the entire frame. PRODUCT SPECS: Height: 8' Width: 24' Depth: 3' Base: 9' Weight: 210 lbs. Material: 4 3/8" round posts and crossbar, 4" x 2" elliptical base and back bottom bar, 2" round tube backdrop Construction: All-aluminum Finish: Powder coated white INCLUDED ACCESSORIES: 3mm, 120mm mesh, black/white net (3B2162) Kwik Lock Net Clips Net Support Strap (10B4406) Semi-permanent ground anchors (10B101) 2) Jaypro Sports Deluxe Official Lacrosse Goal (LG-50) DESCRIPTION: The Ultimate Lacrosse goal has mitered and welded corners for exceptional performance. Net rail prevents additional wear and tear on net and the rear brace stays flat along the ground. PRODUCT SPECS: Full Size: 6'H x 6'W x 7'D meets all NCAA and NFSHSA requirements for men's lacrosse. 1/4" steel net tie for a clean goal face. 2" O.D. steel pipe construction for full NCAA compliance. Goal face is powder coated orange or red. Nets sold separately. 3) Jaypro Sports - Competition Lacrosse Net (LGN-50) PRODUCT SPECS: Color: White Weight: 15 lbs Northbrook Park District Page 24

25 SAMPLE AGREEMENT FOR THE PURCHASE OF EQUIPMENT EXHIBIT A This Agreement for the Purchase of Equipment (the Agreement ) is made as of the day of, 2016 by and between the Northbrook Park District, an Illinois unit of local government ( District ) and, an ( Contractor ), which hereinafter may be referred to together as the Parties or individually as a Party for the manufacture and delivery of (the Equipment ). 1. Contract Documents. The Contract Documents consist of this Agreement, the Instructions to Bidders, General Conditions, Special Conditions, if any, Specifications and Drawings included in the Bid Documents dated 2016, attached to and incorporated herein by reference as Exhibit A, Contractor s submitted Bid Proposal dated, 2016, attached to and incorporated herein by reference as Exhibit B, Contractor s certifications submitted with its Bid Proposal, attached to and incorporated herein by reference as Exhibit C, Addenda Numbers, attached to and incorporated herein by reference as Exhibit D. The Contract Documents taken together form the Contract between the Parties. In the event of conflict between the Contract Documents, the terms of this Agreement control. 2. Work to Be Performed. Contractor shall fully execute the manufacture, delivery of the Equipment and other work as described, detailed, discussed, scheduled referenced or called for in the Contract Documents, or reasonably inferable from the Contract Documents in order to produce a first class Equipment, free of any defects and deficiencies (collectively, the Work ). 3. Contract Sum and Payment. District shall pay Contractor the Contract Sum in current funds for Contractor s proper performance of the Contract. The Contract Sum shall be and 00/100 Dollars ($.00), subject to additions and deductions as provided in the Contract Documents. Payment of the Contract Sum shall be made in full following the delivery of the Equipment, in compliance with the Local Government Prompt Payment Act, 50 ILCS 505/1 et seq., and only upon inspection and acceptance of the Work by District and District s receipt of Contractor s waivers of lien and sworn affidavits in accordance with Section 6 of this Agreement. 4. Delivery. Contractor shall deliver the Equipment on or before, Contractor will arrange for delivery of the Equipment through a carrier chosen by Contractor, the costs of which shall be F.O.B. Northbrook, Illinois. 5. Title and Risk of Loss. Contractor shall not grant rights in or to, or otherwise encumber the Work or any parts of the Work, to, in or by any third parties at any time, that would impair or delay the full exercise by District of any of its rights or remedies under the Contract. Clean and unencumbered title to the Work shall be transferred to District upon acceptance of the Work by District. Title to, and the risk of loss, injury or destruction from any casualty to the Work, regardless of cause, will be the responsibility of Contractor until the Work has been received, inspected and accepted by District.

26 6. Waiver of Liens. Contractor for itself and for all its sub suppliers and subcontractors, agrees that no mechanic s lien or other claim shall be filed or maintained by Contractor or by any sub supplier, subcontractor, laborer or any other person, whatsoever, against the Equipment or District s funds for or on account of any Work furnished under this Contract. In every sub supplier contact or subcontract entered into by Contractor for the Work, Contractor shall incorporate a provision similar to the foregoing subsection to the effect that neither the sub supplier or subcontractor nor any party acting through or under it shall file or maintain any mechanic s lien or other claim against District or District s funds in connection with the Work. Prior to District s payment of the Contact Sum or any portion thereof, Contractor shall provide: a) waiver of lien for the full Contract Sum and waivers of lien from each subsupplier and sub contractor for the full amount of each subcontract for the Work, showing all materials and labor have been paid in full; and b) sworn affidavit, in triplicate, containing such information and in such form to comply with the Illinois Mechanics Lien Act (770 ILCS 60/001 et seq.), showing in detail the sources of all labor and materials used in the Work, including the names and addresses of sub suppliers and subcontractors and showing amounts paid for each. 7. Acceptance and Rejection. District will have the right to inspect the Work upon receipt and to reject the nonconforming or damaged Work within ten (10) business days after delivery. District will give notice to Contractor of any rejection of the Work or claim for damages on account of condition, quality or grade of the Work. In the event the District rejects the Work for failure to comply with the Specifications, the non complying Work shall be immediately: a) removed from District premises at the sole cost and expense of Contractor; and b) replaced with Work that comply with the Specifications at no expense to the District in accordance with Section 10 of this Agreement. Neither inspection nor acceptance by District shall act as District s acceptance of any defects or deficiencies in the Work or for the failure of the Work to conform to the requirements of the Contract and shall not act as a waiver of any rights District has with respect to such defects, deficiencies or failure, including rights under any warranty. 8. Parties Representatives. The District s representative is: The Contractor s representative is: [NAME] Northbrook Park District 545 Academy Drive Northbrook, IL Phone: 847 Fax: 847 2

27 Neither Party s representative shall be changed without at least ten days prior written notice to the other Party. 9. Ownership and Use of Documents. All title, ownership and copyright privileges to all drawings, plans, specifications and other documents and instruments of service prepared or provided by Contractor in connection with the Work, in whatever format (collectively, Project Documents ) are and shall at all times be solely in District. Contractor agrees, when requested by District, to execute immediately any documents which evidence and acknowledge in District the ownership of all Project Documents. All Project Documents prepared or furnished by Contractor shall be solely the property of District the time of their preparation and shall be immediately turned over to District upon the suspension or termination of the Work or the termination of Contractor in accordance with this Agreement. Reproducible copies of Project Documents shall, to the extent not previously delivered, be delivered promptly to District upon demand and thereafter may be used by District in whole or in part or in modified form for such purposes as District may deem advisable, without further employment of or payment of additional compensation to Contractor or anyone retained by Contractor. Notwithstanding the foregoing, Contractor retains the right to use standard design elements and details which are neither unique to District or related to the business of District. Under no circumstances shall Contractor have any rights to use any Project Documents which are prepared or furnished by District or other persons under contract with District, other than the limited right to use such documents in connection with the performance by Contractor of the Work for this Project. 10. No Infringement. Contractor warrants that the Equipment, and any parts thereof, does not infringe on any copyrights, patent rights, trade secrets or other rights of any third party. Contractor agrees to indemnify, defend and hold District harmless from and against any loss, cost, damage, liability, or expense (including attorney s fees and other reasonable litigation expenses) suffered or incurred by District in connection with any such infringement claim by any third party, provided however that District permits Contractor all available information, assistance and authority to enable Contractor to do so. Contractor further warrants that if District is enjoined from using the Equipment due to an actual or claimed infringement of any patent right or copyright or other property right or for any other reason, then at Contractor s option, Contractor shall promptly either: (i) procure for District, at Contractor s expense, the right to continue using the Equipment; or (ii) replace or modify the Equipment, at Contractor s expense, so that the Equipment becomes non infringing. 11. Termination. District may terminate this Agreement as follows: a. District may, at any time, terminate the Agreement in whole or in part for the convenience of District and without cause. Termination by District under this section 11(a) shall be by a notice of termination delivered to Contractor specifying the extent of the termination and the effective date. Upon receipt of a notice of termination Contractor shall immediately, in accordance with 3

28 instructions from District: (1) cease operation as specified in the notice; (2) place no further orders; (3) enter into no further subcontracts for materials, labors, services or facilities except as necessary to complete continued portions of the Contract; (4) terminate all subcontracts and orders to the extent they relate to the Work terminated; (5) proceed to complete the performance of Work not terminated; and; (6) take actions that may be necessary or that District may direct, for the protection and preservation of the terminated Work. In the event of termination for convenience by District, Contractor shall recover payment for approved Work executed on the terminated portion of the Work before the effective date. Contractor shall not be entitled to damages or lost profits resulting from termination for convenience under this Section. b. If Contractor fails to perform the Work as provided in the Contract Documents, or otherwise breaches or defaults under any provision of this Agreement and does not remedy such failure, breach or default within three (3) business days after demand from District to take corrective action, or in the event of repeated or multiple failures or defaults by Contractor, District may immediatly terminate this Agreement and enter into an agreement with another contractor or vendors for the provision of the Work. In such event, District shall not be liable to Contractor for all or any portion of the Contract Sum and Contractor shall not be entitled to any damages or any form of equitable relief, including but no limited to specific performance. Contractor shall be liable to District and shall pay District promptly upon demand the increased cost to District of obtaining the services of substitute contractor(s), including, without limitation, the cost of labor and materials associated with the preparation of bid documents, advertising and attorney s fees. c. If Contractor is adjudged as bankrupt, or if Contractor makes a general assignment for the benefit of Contractor s creditors, or if a receiver is appointed on account of Contractor s insolvency, or if any provision of the bankruptcy law is invoked by or against Contractor, then notwithstanding any other rights or remedies granted District, District may, without prejudice to any other right or remedy, (i) immediately terminate the retention of Contractor and/or (ii) finish or cause to be finished Contractor s Work by whatever method and by whichever persons District deems expedient. In such case, Contractor shall not be entitled to receive any payment until the Work is completed. If the unpaid balance of the Contract Sum exceeds (1) the expenses of completing the Work, including compensation for additional managerial and administrative services, plus (2) District s losses and damages because of Contractor s default (collectively, Park District Expenses and Damages ), such excess shall be paid to Contractor. If Park District Expenses and Damages exceed such unpaid balance, Contractor shall pay the difference to District promptly on demand and District 4

29 may resort to any other rights or remedies District may have by law or under this Agreement. 12. Correction of Deficiencies. If Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a three (3) day period after receipt of written notice from District to commence and continue correction of such default or neglect with diligence and promptness, District may, without prejudice to other remedies District may have, correct such deficiencies. In such case, District shall deduct from payments then or thereafter due Contractor the cost of correcting such deficiencies, including compensation to District for any and all expenses related thereto. If payments then or thereafter due Contractor are not sufficient to cover such amounts, Contractor shall pay the difference to District. The rights and remedies of District stated in this Agreement shall be in addition to and not in limitation of, any other rights of District granted in the other Contract Documents or at law or in equity. 13. Tax Exemption. District is exempt for the Illinois Retailer s Occupational Tax, the Illinois Use Tax and the Federal Excise Tax as an exempt entity under the Internal Revenue Code. District shall provide Contractor with District s tax exemption identification number, for use by Contractor for this project only. 14. Contractor s Representations. Contractor hereby specifically acknowledges and declares, and the execution of this Agreement by Contractor is a representation of Contractor that the Contract Documents are full and complete, are sufficient to have enabled Contractor to determine the cost of the Work and that the Contract Documents are sufficient to enable it to perform the Work outlined therein, in accordance with applicable laws and regulations, and otherwise to fulfill all its obligations hereunder, including, but not limited to, Contractor s obligation to perform the Work for an amount not in excess of the Contract Sum on or before the delivery date established in the Agreement. Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by District and shall at once report to District errors, inconsistencies or omissions discovered. Contractor shall not be liable to District for damage resulting from errors, inconsistencies or omissions in the Contract Documents that could not have been discovered by a reasonably prudent and experienced Contractor in advance. If Contractor performs any manufacturing activity involving an error, inconsistency or omission in the Contract Documents that Contractor recognized or reasonably should have recognized and of which Contractor failed to notify District, Contractor shall assume complete responsibility for such performance and shall bear the full amount of the attributable costs for correction. Contractor further represents that it has full right, title and authority to transfer the Equipment to District and that such transfer, upon delivery to District, shall not be subject to the right or interest of any third party whatsoever. 5

30 15. Warranties. Contractor warrants to District that materials and equipment furnished under the Contract will be of the best quality and new, that the Work will be free from defects and deficiencies, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. Contractor s warranty excludes remedy for damage or defect caused by District s abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. Liability or refusal of the subcontractor or supplier responsible for the defective materials, equipment or Work to correct the same shall not excuse Contractor from performing under the warranty. If required by District, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All warranties shall include labor and materials and shall be signed by the manufacturer or subcontractor as the case may be and countersigned by Contractor. All warranties shall be addressed to the District and delivered to District upon delivery of the Work. Except as otherwise provided in this Agreement, all warranties shall become effective on the date of delivery to District, and shall run for a twelve (12) month period, unless a longer period is provided for in the Contract Documents or by law. Where warranties overlap, the more stringent requirement shall govern. Contractor shall repair and replace, as determined by District, any defects or deficiencies at no charge to District during any warranty period. Contractor shall correct any portion of the Work deficiently or defectively performed, and replace defective or nonconforming materials, even though such deficiency, defect or nonconformity may be discovered more than one (1) year after delivery and acceptance of the Work by District, if the correction is of a latent defect and arises from poor workmanship or improper materials or is required to be made to workmanship or materials covered by Contractor or subcontractors contrary to District's request or to requirements specifically expressed in the Contract Documents and was therefore not visible for inspection by District at the time the Work was performed. Final acceptance shall occur only after the Equipment has been delivered, inspected and accepted by District. No warranty herein shall be deemed waived upon District s inspection and acceptance of delivery of the Equipment. 16. Insurance Requirements: A. Commercial General and Umbrella Liability Insurance Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $2,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this project/location. 6

31 CGL insurance shall be written on Insurance Services Office (ISO) occurrence form CG , or a substitute form providing equivalent coverage, and shall cover liability arising from premises, operations, independent contractors, productscompleted operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). District, its agents, officers, commissioners, employees and volunteers, shall be included as additional insureds under the CGL, using ISO additional insured endorsement CG or a substitute providing at least equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self insurance afforded to District. If the additional insured have other insurance which is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of Contractor s liability under this insurance policy shall not be reduced by the existence of such other insurance. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground property damage. B. Business Auto and Umbrella Liability Insurance Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less that $2,000,000 each accident. Such insurance shall cover liability arising out of any auto including owned, hired and non owned autos. Business auto insurance shall be written on Insurance Services Office (ISO) form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and later editions of CA C. Workers Compensation Insurance Contractor shall maintain workers compensation and employers liability insurance. The commercial umbrella and/or employers liability limits shall not be less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. 7

32 If District has not been included as an insured under the CGL using ISO additional insured endorsement CG or a substitute endorsement acceptable to District under the Commercial General and Umbrella Liability Insurance required in this Agreement, Contractor waives all rights against District and its officers, officials, employees, volunteers and agents for recovery of damages arising out of or incident to Contractor s Work. D. General Insurance Provisions 1. Evidence of Insurance Prior to beginning Work, Contractor shall furnish District with a certificate(s) of insurance and applicable policy endorsement(s), executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth above. All certificates shall provide for 30 days written notice to District prior to the cancellation or material change of any insurance referred to therein. Written notice to District shall be by certified mail, return receipt requested. Failure of District to demand such certificate, endorsement or other evidence of full compliance with these insurance requirements or failure of District to identify a deficiency from evidence that is provided shall not be construed as waiver of Contractor s obligation to maintain such insurance. District shall have the right, but not the obligation, of prohibiting Contractor from entering the premises until such certificates or other evidence that insurance has been placed in complete compliance with these requirements is received and approved by District. Failure to maintain the required insurance may result in termination of this Contract at District s option. Contractor shall provide certified copies of all insurance policies required above within 10 days of District s written request for said copies. 2. Acceptability of Insurers For insurance companies which obtain a rating from A.M. Best, that rating should be no less than A VII using the most recent edition of the A.M. Best s Key Rating Guide. If the Best s rating is less than A VII or a Best s rating is not obtained, the District has the right to reject insurance written by an insurer it deems unacceptable. 3. Deductibles and Self Insured Retentions 8

33 Any deductibles or self insured retentions must be declared to District. At the option of District, Contractor may be asked to eliminate such deductibles or selfinsured retentions as respects District, its officers, officials, employees, volunteers and agents or required to procure a bond guaranteeing payment of losses and other related costs including but not limited to investigations, claim administration and defense expenses. 4. Subcontractors Contractor shall cause each subcontractor employed by Contractor to purchase and maintain insurance of the type specified above. When requested by District, Contractor shall furnish copies of certificates of insurance evidencing coverage for each subcontractor. 17. Indemnification and Hold Harmless. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless District and its officers, officials, employees, volunteers and agents from and against all claims, damages, losses and expenses including but not limited to legal fees (attorney s and paralegals fees and court costs), arising out of or resulting from the performance of Contractor s performance of the Work, provided that any such claim, damage, loss or expense (i) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, other than the work itself, including the loss of use resulting there from and (ii) is caused in whole or in part by any wrongful or negligent act or omission of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except to the extent it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph. Contractor shall similarly protect, indemnify, defend and hold and save harmless District, its officers, officials, employees, volunteers and agents against and from any and all claims, costs, causes, actions and expenses including but not limited to legal fees, incurred by reason of Contractor s breach of any of its obligations under, or Contractor s default of, any provision of the Contract. 18. Performance of the Contract. Contractor agrees to perform all Work in a good and workmanlike manner. Time is of the essence of this Contract. Contractor, on receipt of this Contract executed by District, shall immediately place orders for materials and otherwise commence performance of this Agreement immediately. No claim for extras shall be allowed unless such claim is first submitted in writing to District and approved in writing by an authorized agent of District. 19. Cleaning Up. In the event Contractor performs Work on District property ( Project Site ), Contractor shall keep the Project Site and surrounding area free from accumulation of waste materials or rubbish caused by performance of the Work. At completion of any portion of the Work, Contractor shall remove from and about the Project Site waste materials, rubbish, 9

34 Contractor s tools, equipment, machinery and surplus materials. If Contractor fails to clean up as provided herein, District may do so and the cost thereof shall be charged to Contractor. 20. Safety of Persons and Property. A. Contractor shall take reasonable precautions for the health an safety of, and shall provide reasonable protection to prevent damage, injury and loss to: i. Employees engaged in the Work an other person who may be affected thereby; and ii. The Work and materials and equipment to be incorporated therein, whether in storage on or off the Project Site, under care, custody or control of Contractor or Contractor s subcontractors or subsubcontractors. B. Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. C. Contractor shall promptly remedy damage and loss to District property caused in whole or in part by Contractor, a subcontractor, a sub subcontractor, or anyone directly or indirectly employed by any of them, or by anyone whose acts they may be liable and for which Contractor is responsible, except to the extent said damage or loss is attributable to acts or omissions of District. 21. Extension of Time. Extension of time provided for the completion of the Work shall be Contractor s sole remedy for delay unless the same shall have been caused by acts constituting intentional interference by District with Contractor s performance of the Work and where to the extent that such acts of District continue after Contractor s written notice to District of such interference. District s exercise of any of its rights under the Contract, regardless of the extent or number of changes, or Contractor s exercise of any of its remedies of suspension of the Work, or requirement of correction or re execution of any defective Work, shall not under any circumstances be construed as intentional interference with Contractor s performance of the Work. 22. Independent Contractor. It is understood and agreed that the relationship of Contractor to District shall be that of an independent contractor. Nothing contained herein or inferable herefrom shall be deemed or construed to (1) make Contractor the agent, servant, or employee of District, or (2) create any partnership, joint venture, or other association between District and Contractor. Any direction or instruction by District in respect of the Work shall 10

35 relate to the results District desires to obtain from the Work, and shall in no way affect Contractor s independent contractor status as described herein. 23. No Third Party Beneficiary. This Agreement is entered into solely for the benefit of the contracting parties, and nothing in this Agreement is intended, either expressly or impliedly, to provide any right or benefit of any kind whatsoever to any person and/or entity who is not a party to this Agreement or to acknowledge, establish or impose any legal duty to any third party. 24. No Waiver. Waiver of any of the terms of this Agreement shall not be valid unless in writing and signed by the Parties. The failure of District to enforce the provisions of this Agreement or require performance by Contractor of any of the provisions shall not be construed as a waiver of such provisions or affect the right of District to thereafter enforce the provisions of this Agreement. Waiver of any breach of this Agreement shall not be held to be a waiver of any other or subsequent breach of contract. Nothing herein shall be construed as an express and/or implied waiver of any common law and/or statutory immunities, defenses, and/or privileges of District and/or Contractor, and/or any of their respective officials, officers and/or employees. 25. Non Assignability. This Agreement is non assignable in whole or part by Contractor, and any assignment shall be void without prior written consent of District. 26. Compliance with Laws. All materials, supplies and equipment provided under this Contract must comply with all federal, state, county and local laws, ordinances, rules, regulations and orders that in any manner affect the production and sale of the product or service contained herein. Lack of knowledge on the part of Contractor will in no way be cause for release of this obligation. District reserves the right to reject any bid, cancel any contract and pursue any other legal remedies deemed necessary if it becomes aware of violation of any laws on the part of Contractor. 27. Choice of Law and Venue. This Agreement and the other Contract Documents shall be governed by and construed in accordance with the laws of the State of Illinois. Any suit or action arising under this Agreement shall be commenced in the Circuit Court of Cook County, Illinois, but only after exhausting all possible administrative remedies. In any suit or action arising under this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs of litigation. Contractor, its successors or assigns shall maintain no suit or action against District on any claim based upon or arising out this Agreement or out of anything done in connection with this Agreement unless such action shall be commenced within one (1) year of the termination of this Agreement. Contractor acknowledges that each provision of this Agreement is important and material to the business and success of District, and agrees that any breach of any provision of this Agreement is a material breach of the Agreement and may be cause for immediate termination of this Agreement. In the event of a breach, Contractor shall also pay to District all damages (including but not limited to, compensatory, 11

36 incidental, consequential, and punitive), which arise from the breach, together with interest, costs, and District s reasonable attorneys fees. 28. Entire Agreement. This Agreement contains the entire agreement between the Parties, and no statement, promise or inducement made by either Party to the agency of either Party that is not contained in this written Agreement shall be valid or binding; and this Agreement may not be enlarged, modified or altered except signed by the Parties and endorsed thereon. 29. Amendment. No amendment or modification shall be made to this Agreement unless it is in writing and signed by both Parties. 30. Headings. The headings for each paragraph of this Agreement are for convenience and reference purposes only and in no way define, limit or describe the scope or intent of said paragraphs or of this Agreement nor in any way affect this Agreement. 31. Severability. If any provision of this Agreement is declared invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect, to the extent not affected by the invalid or unenforceable provision. 32. Notice. All notices, approvals, consents, requests for information and other communications required or permitted to be given by this Agreement shall be in writing and shall be deemed to have been duly given to a party if (i) actually received by the representative of the Party as evidenced by a receipt signed by such representative or (ii) if mailed, within three calendar days after the date it is sent by either registered or certified mail, or if sent by overnight courier, on the weekday after it is delivered to such overnight courier, in each case addressed to the respective representatives of District or Contractor, as the case may be, at the respective address provided in the Section 8 above. IN WITNESS WHEREOF, each of the undersigned has caused this Agreement to be executed by a duly authorized official thereof effective as of date written above. CONTRACTOR By: As Its: NORTHBROOK PARK DISTRICT By: President, Board of Park Commissioners Attest: Secretary Board of Park Commissioners 12

37 EXHIBIT B FRONT VIEW SIDE VIEW 9'-0" OUTSIDE 24'-0" GOAL WIDTH 3'-5" 8'-0" UNDER CROSSBAR GROUND GROUND FEATURES: 1) ALUMINUM GOAL FRAME AND BACKDROPS 2) FINISH: WHITE POWDER COAT 3) INCLUDED: SEMIPERMANENT GROUND ANCHORS 3 mm, BLACK & WHITE NET KWIK LOCK NET CLIPS 4) ASSEMBLED GOAL WEIGHT: 210 LBS. 5) EXCEEDS: NCAA SPECIFICATIONS NFSHSA SPECIFICATIONS ASTM F STANDARDS C 2005 Kwik Goal Ltd. THIRD ANGLE PROJECTION DIMENSIONS ARE IN INCHES UNLESS OTHERWISE SPECIFIED This item is the exclusive property of KWIK GOAL LTD. Reproduction or duplication without the express written consent of KWIK GOAL LTD. is strictly forbidden. Approved By: Date: Drawn By: CSpeck Date: 12/13/2005 Sheet: 1 of 4 Revision #: 4 Cad File: 2B3406.idw Part #: Desc: 140 Pacific Drive Quakertown, Pa B3406 8' X 24' EVOLUTION 2.1 GOAL REV 8/31/09

38 OVERHEAD VIEW 316 1/2 in 24 in CONCRETE FOOTING (4 PLACES) SEE DETAIL 40 in 36 in GOAL LINE 146 1/4 in 146 1/4 in 292 1/2 in FIELD SURFACE 12 3/4 in 20 in CONCRETE CONCRETE 30 APPROX. NOTES: 1) DIMENSIONS ARE FOR PLANNING PURPOSES. INSTALLATION MUST BE IN ACCORDANCE WITH INSTALLATION INSTRUCTIONS. 2) CUSTOMER SUPPLIED MATERIALS FOR GOAL INSTALLATION 0.5 cubic yard - CONCRETE 0.3 cubic yard - CLEAN STONE (1/4" - 3/4") ABOVE AMOUNTS ARE PER GOAL INSTALLATION STONE GROUND C 2005 Kwik Goal Ltd. 24 in MINIMUM FOOTING DETAIL (4 PLACES) THIRD ANGLE PROJECTION DIMENSIONS ARE IN INCHES UNLESS OTHERWISE SPECIFIED This item is the exclusive property of KWIK GOAL LTD. Reproduction or duplication without the express written consent of KWIK GOAL LTD. is strictly forbidden. Approved By: Date: Drawn By: CSpeck Date: 12/13/2005 Sheet: 2 of 4 Revision #: 4 Cad File: 2B3406.idw Part #: Desc: 140 Pacific Drive Quakertown, Pa B3406 8' X 24' EVOLUTION 2.1 GOAL REV 8/31/09

39 CROSSBAR WITH NET CHANNEL POWDER COATED WHITE BACKDROP TOP 2' DEEP WITH NET CHANNEL POWDER COATED WHITE in MATERIAL DETAILS BACKDROP TOP 2' DEEP WITH NET CHANNEL POWDER COATED WHITE NET 3mm BRAIDED KNOTLESS HTTP 120mm MESH BLACK \ WHITE 2 in in WALL POST & CROSSBAR MATERIAL - ALUMINUM in in wall BOTTOM BAR & BASES MATERIAL - ALUMINUM BACK BOTTOM BAR WITH NET CHANNEL POWDER COATED WHITE RIGHT BASE WITH NET CHANNEL POWDER COATED WHITE RIGHT POST WITH NET CHANNEL POWDER COATED WHITE 2 in in WALL BACKDROPS MATERIAL - ALUMINUM LEFT BASE WITH NET CHANNEL POWDER COATED WHITE LEFT POST WITH NET CHANNEL POWDER COATED WHITE THIRD ANGLE PROJECTION 140 Pacific Drive Quakertown, Pa C 2005 Kwik Goal Ltd. DIMENSIONS ARE IN INCHES UNLESS OTHERWISE SPECIFIED This item is the exclusive property of KWIK GOAL LTD. Reproduction or duplication without the express written consent of KWIK GOAL LTD. is strictly forbidden. Approved By: Date: Drawn By: CSpeck Date: 12/13/2005 Sheet: 3 of 4 Revision #: 4 Cad File: 2B3406.idw Part #: Desc: 2B3406 8' X 24' EVOLUTION 2.1 GOAL REV 8/31/09

40 UZ968 Part # UZ212 UZ737 UZ953P1 UZ961 UZ962 UZ963 UZ964 UZ965 UZ966 UZ967 UZ968 3B2162 Qty Parts List Description GROUND ANCHOR ASSEMBLY POST BRACE BACKDROP BRACE RIGHT POST ASSEMBLY, 2B3406 LEFT POST ASSEMBLY, 2B3406 RIGHT BASE ASSEMBLY, 2B3406 LEFT BASE ASSEMBLY, 2B3406 CROSSBAR, 2B3406 BACK BOTTOM BAR, 2B3406 BACKDROP, EVOLUTION, RIGHT SIDE BACKDROP, EVOLUTION, LEFT SIDE NET, SOCCER GOAL,3MM ROPE, 120MM MESH UZ965 UZ962 UZ953P1 UZ967 UZ964 UZ966 UZ961 UZ737 UZ963 UZ212 THIRD ANGLE PROJECTION 140 Pacific Drive Quakertown, Pa C 2005 Kwik Goal Ltd. DIMENSIONS ARE IN INCHES UNLESS OTHERWISE SPECIFIED This item is the exclusive property of KWIK GOAL LTD. Reproduction or duplication without the express written consent of KWIK GOAL LTD. is strictly forbidden. Approved By: Date: Drawn By: CSpeck Date: 12/13/2005 Sheet: 4 of 4 Revision #: 4 Cad File: 2B3406.idw Part #: Desc: 2B3406 8' X 24' EVOLUTION 2.1 GOAL REV 8/31/09

41 LG-50 Deluxe Official Lacrosse Goal EXHIBIT C The Ultimate Lacrosse goal has mitered and welded corners for exceptional performance. Net rail prevents additional wear and tear on net and the rear brace stays flat along the ground. Full Size: 6'H x 6'W x 7'D meets all NCAA and NFSHSA requirements for men's lacrosse. 1/4" steel net tie for a clean goal face. 2" O.D. steel pipe construction for full NCAA compliance. Goal face is powder coated orange. Nets sold separately. 6'-0" 6'-0" 7'-0" LG-50 Deluxe Official Lacrosse Goal THIS PRINT IS THE PROPERTY OF JAYPRO SPORTS, LLC. AND MAY NOT BE REPRODUCED WITHOUT WRITTEN PERMISSION PHONE: (TOLL FREE) (LOCAL) FAX: (SALES) (ENG.) DRAWING NAME / PART NUMBER: DRAWN BY: Moune T. 1/31/2014 CHK'D BY: WVB LG-50 ISSUE DATE: CHK DATE: 2/7/2014 SHEET: 1 OF 1

42 EXHIBIT D