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R-1452 - 04/28/2015 - ENGINEERING - Resolutions RESOLUTION 2015-ENG-BRIDGE-CNTRCT-R-1452 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A CONSTRUCTION CONTRACT RELATING TO THE BRIDGE IMPROVEMENT PROJECT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND INDUSTRIA, INC. WHEREAS, the Village desires to make certain bridge and infrastructure improvements to the bridge located at York Road that passes over 1-88 and the bridge located at York Road that passes over 1-294 (collectively, the "Project"); and WHEREAS, the Village solicited bids for the completion of the Project ("Construction Services"); and WHEREAS, the Village received two bids for the Construction Services; and WHEREAS, Industria, Inc., of Chicago, Illinois ("Industria"), was the lowest responsive and responsible bidder for the Construction Services; and WHEREAS, the Village and Industria desire to enter into and execute an agreement for Industria to provide the Construction Services, which agreement is attached hereto as Exhibit A ("Construction Contract'); and WHEREAS, the President and Board of Trustees have determined that it is in the best interest of the Village to award the Project to Industria and enter into the Construction Contract; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Award of Contract. The purchase of Construction Services from Industria for a total amount not to exceed $336,404.95 shall be, and is hereby, approved. Section 3: Authorization and Execution of Construction Contract. The Village President and Village Clerk shall be, and hereby are, authorized to execute the Construction Contract in substantially the same form as attached hereto as Exhibit A, after receipt of the final Construction Contract fully executed by Industria. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Resolution 2015-ENG-BRIDGE-CNTRCT-R-1452 Construction Services for 2015 Bridge Improvement Project 2 of 3 APPROVED THIS 28th day of April, 2015 4 Gop'aT-T Lalmalani Village President PASSED THIS 28th day of April, 2015 Ayes: Trustees Adler, Mar, Manzo, Moy, Wolin, Yusuf Nays: None Absent: NnnP ATTEST: . n Charlotte K. Pruss Village Clerk Resolution 2015-ENG-BRIDGE-CNTRCT-R-1452 Construction Services for 2015 Bridge Improvement Project 3of3 EXHIBIT A a t VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF 2015 BRIDGE IMPROVEMENTS PROJECT Approved as to Form' 0a: ,. VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF 2015 BRIDGE IMPROVEMENTS PROJECT TABLE OF CONTENTS Page ARTICLEI The Work ................................................................................................... 1 1.1 Performance of the Work ............................................................................1 1.2 Commencement and Completion Dates......................................................2 1.3 Required Submittals ....................................................................................2 1.4 Review and Interpretation of Contract Provisions ......................................3 1.5 Conditions at the Work Site; Record Drawings ..........................................3 1.6 Technical Ability to Perform.......................................................................4 1.7 Financial Ability to Perform........................................................................4 1.8 Time.............................................................................................................4 1.9 Safety at the Work Site................................................................................5 1.10 Cleanliness of the Work Site and Environs.................................................5 1.11 Damage to the Work, the Work Site, and Other Property...........................5 1.12 Subcontractors and Suppliers......................................................................6 1.13 Simultaneous Work By Others....................................................................6 1.14 Occupancy Prior to Final Payment..............................................................6 1.15 Owner's Right to Terminate or Suspend Work for Convenience ...............6 ARTICLE II Changes And Delays..................................................................................7 2.1 Changes .......................................................................................................7 2.2 Delays..........................................................................................................7 ARTICLE III Contractor's Responsibility For Defective Work...................................8 3.1 Inspection; Testing; Correction of Defects..................................................8 3.2 Warranty of Work........................................................................................8 3.3 Owner's Right to Correct............................................................................9 ARTICLE IV Financial Assurances.................................................................................9 4.1 Bonds...........................................................................................................9 4.2 Insurance......................................................................................................9 4.3 Indemnification.......................................................................................... 10 ARTICLEV Payment.................................................................................................... 10 5.1 Contract Price............................................................................................ 10 5.2 Taxes and Benefits ....................................................................................10 -i- 4 5.3 Progress Payments.....................................................................................10 5.4 Final Acceptance and Final Payment........................................................ 11 5.5 Liens.......................................................................................................... 11 5.6 Deductions.................................................................................................12 ARTICLE VI Disputes And Remedies...........................................................................13 6.1 Dispute Resolution Procedure...................................................................13 6.2 Contractor's Remedies .............................................................................. 13 6.3 Owner's Remedies.....................................................................................13 6.4 Owner's Special Remedy for Delay.......................................................... 15 6.5 Terminations and Suspensions Deemed for Convenience ........................15 ARTICLE VII Legal Relationships And Requirements................................................ 15 7.1 Binding Effect ........................................................................................... 15 7.2 Relationship of the Parties......................................................................... 15 7.3 No Collusion/Prohibited Interests .............................................................15 7.4 Assignment................................................................................................ 16 7.5 Confidential Information........................................................................... 16 7.6 No Waiver ................................................................................................. 16 7.7 No Third Parry Beneficiaries.....................................................................17 7.8 Notices.......................................................................................................17 7.9 Governing Laws ........................................................................................17 7.10 Changes in Laws........................................................................................ 18 7.11 Compliance with Laws..............................................................................18 7.12 Compliance with Patents...........................................................................19 7.13 Time........................................................................................................... 19 7.14 Severability................................................................................................ 19 7.15 Entire Agreement.......................................................................................20 7.16 Amendments..............................................................................................20 Contractor's Certification Attachment A: Supplemental Schedule of Contract Terms Attachment B: Specifications Attachment C: List of Drawings Attachment D: Special Project Requirements Attachment E: Schedule of Prices Appendix 1: Prevailing Wage Ordinance Appendix 2: Form of Performance Bond Appendix 3: Form of Labor and Material Bond -ii- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF 2015 BRIDGE IMPROVEMENTS PROJECT In consideration of the mutual promises set forth below, the Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, Illinois, 60523, an Illinois municipal corporation ("Owner"), and Industria Inc. ("Contractor"), make this Contract as of 2015, (the "Effective Date") and hereby agree as follows: ARTICLE L• THE WORK 1.1 Performance of the Work Contractor, at its sole cost and expense, must provide, perform, and complete all of the following, all of which is herein referred to as the "Work": 1. Labor, Equipment, Materials, and Supplies. Provide, perform, and complete, in the manner described and specified in this Contract, all necessary work, labor, services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data, and other means and items necessary to accomplish the Project at the Work Site, both as defined in Attachment A, in accordance with the specifications attached hereto as Attachment B, the drawings identified in the list attached hereto as Attachment C, and the Special Project Requirements attached hereto as Attachment D. 2. Permits. Except as otherwise provided in Attachment A, procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith. 3. Bonds and Insurance. Procure and furnish all Bonds and all certificates and policies of insurance specified in this Contract. 4. Taxes. Pay all applicable federal, state, and local taxes. 5. Miscellaneous. Do all other things required of Contractor by this Contract, including without limitation arranging for utility and other services needed for the Work and for testing, including the installation of temporary utility lines, wiring, switches, fixtures, hoses, connections, and meters, and providing sufficient sanitary conveniences and shelters to accommodate all workers and all personnel of Owner engaged in the Work. 6. Quali . Provide, perform, and complete all of the foregoing in a proper and workmanlike manner, consistent with the highest standards of professional and -1- CONTRACT construction practices and in full compliance with, and as required by or pursuant to, this Contract, and with the greatest economy, efficiency, and expedition consistent therewith, with only new, undamaged and first quality equipment, materials, and supplies. 1.2 Commencement and Completion Dates Contractor must commence the Work not later than the "Commencement Date" set forth on Attachment A and must diligently and continuously prosecute the Work at such a rate as will allow the Work to be fully provided, performed, and completed in full compliance with this Contract not later than the "Completion Date" set forth in Attachment A. The time of commencement, rate of progress, and time of completion are referred to in this Contract as the "Contract Time." 1.3 Required Submittals A. Submittals Required. Contractor must submit to Owner all documents, data, and information specifically required to be submitted by Contractor under this Contract and must, in addition, submit to Owner all such drawings, specifications, descriptive information, and engineering documents, data, and information as may be required, or as may be requested by Owner, to show the details of the Work, including a complete description of all equipment, materials, and supplies to be provided under this Contract ("Required Submittals"). Such details must include, but are not limited to, design data, structural and operating features, principal dimensions, space required or provided, clearances required or provided, type and brand of finish, and all similar matters, for all components of the Work. B. Number and Format. Contractor must provide three complete sets for each Required Submittal. All Required Submittals, except drawings, must be prepared on white 8-1/2"x 11 F. Two blueline prints and one sepia transparency of each drawing must be provided. All drawings must be clearly marked in the lower right-hand comer with the names of Owner and Contractor. C. Time of Submission and Owner's Review. All Required Submittals must be provided to Owner no later than the time, if any, specified in this Contract for their submission or, if no time for submission is specified, in sufficient time, in Owner's sole opinion, to permit Owner to review the same prior to the commencement of the part of the Work to which they relate and prior to the purchase of any equipment, materials, or supplies that they describe. Owner will have the right to require such corrections as may be necessary to make such submittals conform to this Contract. All such submittals will, after final processing and review with no exception noted by Owner, become a part of this Contract. No Work related to any submittal may be performed by Contractor until Owner has completed review of such submittal with no exception noted. OxAmer's review and stamping of any Required Submittal will be for the sole purpose of examining the general management, design, and details of the proposed Work, does not relieve Contractor of the entire responsibility for the performance of the Work in full compliance with, and as required by or -2- CONTRACT pursuant to this Contract, and may not be regarded as any assumption of risk or liability by Owner. D. Responsibility for Delay. Contractor is responsible for any delay in the Work due to delay in providing Required Submittals conforming to this Contract. 1.4 Review and Interpretation of Contract Provisions Contractor represents and warrants that it has carefully reviewed this Contract, including all of its Attachments, and the drawings identified in Attachment C, all of which are by this reference incorporated into and made a part of this Contract. Contractor must, at no increase in the Contract Price, provide workmanship; equipment, materials, and supplies that fully conform to this Contract. Whenever any equipment, materials or supplies are specified or described in this Contract by using the name or other identifying feature of a proprietary product or the name or other identifying feature of a particular manufacturer or vendor, the specific item mentioned is understood as establishing the type, function and quality desired. Other manufacturers' or vendors' products may be accepted, provided that the products proposed are equivalent in substance and function to those named as determined by Owner in its sole and absolute discretion. Contractor must promptly notify Owner of any discrepancy, error, omission, ambiguity, or conflict among any of the provisions of this Contract before proceeding with any Work affected thereby. If Contractor fails to give such notice to Owner, then the subsequent decision of Owner as to which provision of this Contract governs is final, and any corrective work required does not entitle Contractor to any damages, to any compensation in excess of the Contract Price, or to any delay or extension of the Contract Time. When the equipment, materials, or supplies furnished by Contractor cannot be installed as specified in this Contract, Contractor must, without any increase in the Contract Price, make all modifications required to properly install the equipment, materials, or supplies. Any such modification is subject to the prior review and consent of Owner. 1.5 Conditions at the Work Site; Record Drawings Contractor represents and warrants that it has had a sufficient opportunity to conduct a thorough investigation of the Work Site and the surrounding area and has completed such investigation to its satisfaction. Contractor will have no claim for damages, for compensation in excess of the Contract Price, or for a delay or extension of the Contract Time based upon conditions found at, or in the vicinity of, the Work Site. When information pertaining to subsurface, underground or other concealed conditions, soils analysis, borings, test pits, utility locations or conditions, buried structures, condition of existing structures, and other investigations is or has been provided by Owner, or is or has been otherwise made available to Contractor by Owner, such information is or has been provided or made available solely for the convenience of Contractor and is not part of this Contract. Owner assumes no responsibility whatever in respect to the sufficiency or accuracy of such information, and there is no guaranty or warranty, either expressed or implied, that the conditions indicated are CONTRACT representative of those existing throughout the Work or the Work Site, or that the conditions indicated are representative of those existing at any particular location, or that the conditions indicated may not change, or that unanticipated conditions may not be present. Contractor is solely responsible for locating all existing underground installations by prospecting no later than two workdays prior to any scheduled excavation or trenching, whichever is earlier. Contractor must check all dimensions, elevations, and quantities indicated in this Contract within the same time period as set forth above for prospecting underground installations. Contractor must lay out the Work in accordance with this Contract and must establish and maintain such locations, lines and levels. Wherever pre-existing work is encountered, Contractor must verify and be responsible for dimensions and location of such pre-existing work. Contractor must notify Owner of any discrepancy between the dimensions, elevations and quantities indicated in this Contract and the conditions of the Work Site or any other errors, omissions or discrepancies which Contract may discover during such inspections. Full instructions will be furnished by Owner should such error, omission, or discrepancy be discovered, and Contractor must carry out such instructions as if originally specified and without any increase in Contract Price. Before Final Acceptance of the Work, Contractor must submit to Owner two sets of Drawings of Record, unless a greater number is specified elsewhere in this Contract, indicating all field deviations from Attachment B or the drawings identified in Attachment C. 1.6 Technical Ability to Perform Contractor represents and warrants that it is sufficiently experienced and competent, and has the necessary capital, facilities, plant, organization, and staff, to provide, perform and complete the Work in full compliance with, and as required by or pursuant to, this Contract. 1.7 Financial Ability to Perform Contractor represents and warrants that it is financially solvent.. and Contractor has the financial resources necessary to provide, perform and complete the Work in full compliance with, and as required by or pursuant to, this Contract. 1.8 Time Contractor represents and warrants that it is ready, willing, able and prepared to begin the Work on the Commencement Date and that the Contract Time is sufficient time to permit completion of the Work in full compliance with, and as required by or pursuant to, this Contract for the Contract Price, all with due regard to all natural and man-made conditions that may affect the Work or the Work Site and all difficulties, hindrances, and delays that may be incident to the Work. -4- CONTRACT 1.9 Safety at the Work Site Contractor is solely and completely responsible for providing and maintaining safe conditions at the Work Site, including the safety of all persons and property during performance of the Work. This requirement applies continuously and is not limited to normal working hours. Contractor must take all safety precautions as necessary to comply with all applicable laws and to prevent injury to persons and damage to property. Contractor must conduct all of its operations without interruption or interference with vehicular and pedestrian traffic on public and private rights-of-way, unless it has obtained permits therefor from the proper authorities. If any public or private right-of-way are rendered unsafe by Contractor's operations, Contractor must make such repairs or provide such temporary ways or guards as are acceptable to the proper authorities. 1.10 CIeanliness of the Work Site and Environs Contractor must keep the Work Site and adjacent areas clean at all times during performance of the Work and must, upon completion of the Work, leave the Work Site and adjacent areas in a clean and orderly condition. 1.11 Damage to the Work, the Work Site, and Other Property The Work and everything pertaining thereto is provided, performed, completed, and maintained at the sole risk and cost of Contractor from the Commencement Date until Final Payment. Contractor is fully responsible for the protection of all public and private property and all persons. Without limiting the foregoing, Contractor must, at its own cost and expense, provide all permanent and temporary shoring, anchoring and bracing required by the nature of the Work in order to make all parts absolutely stable and rigid, even when such shoring, anchoring and bracing is not explicitly specified, and support and protect all buildings, bridges, roadways, conduits, wires, water pipes, gas pipes, sewers, pavements, curbs, sidewalks, fixtures and landscaping of all kinds and all other public or private property that may be encountered or endangered in providing, performing and completing the Work. Contractor will have no claim against Owner because of any damage or loss to the Work or to Contractor's equipment, materials, or supplies from any cause whatsoever, including damage or loss due to simultaneous work by others. Contractor must, promptly and without charge to Owner, repair or replace, to the satisfaction of Owner, any damage done to, and any loss suffered by, the Work and any damage done to, and any loss suffered by, the Work Site or other property as a result of the Work. Notwithstanding any other provision of this Contract, Contractor's obligations under this Section exist without regard to, and may not be construed to be waived by, the availability or unavailability of any insurance, either of Owner or Contractor, to indemnify, hold harmless, or reimburse Contractor for the cost of any repair or replacement work required by this Section. -5- CONTRACT 1.12 Subcontractors and Suppliers A. Approval and Use of Subcontractors and Suppliers. Contractor must perform the Work with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by Owner in writing. All subcontractors, suppliers, and subcontracts used by Contractor must be acceptable to, and approved in advance by, Owner. Owner's approval of any subcontractor, supplier, and subcontract does not relieve Contractor of full responsibility and liability for the provision, performance, and completion of the Work in full compliance with, and as required by or pursuant to, this Contract. All Work performed under any subcontract is subject to all of the provisions of this Contract in the same manner as if performed by employees of Contractor. Every reference in this Contract to "Contractor" is deemed also to refer to all subcontractors and suppliers of Contractor. Every subcontract must include a provision binding the subcontractor or supplier to all provisions of this Contract. B. Removal of Subcontractors and Suppliers. If any subcontractor or supplier fails to perform the part of the Work undertaken by it in a manner satisfactory to Owner, Contractor must immediately upon notice from Owner terminate such subcontractor or supplier. Contractor will have no claim for damages, for compensation in excess of the Contract Price, or for a delay or extension of the Contract Time as a result of any such termination. 1.13 Simultaneous Work By Others Owner has the right to perform or have performed such other work as Owner may desire in, about, or near the Work Site during the performance of the Work by Contractor. Contractor must make every reasonable effort to perform the Work in such manner as to enable both the Work and such other work to be completed without hindrance or interference from each other. Contractor must afford Owner and other contractors reasonable opportunity for the execution of such other work and must properly coordinate the Work with such other work. 1.14 Occupancv Prior to Final Payment Owner will have the right, at its election, to occupy, use, or place in service any part of the Work prior to Final Payment. Such occupancy, use, or placement in service must be conducted in such manner as not to damage any of the Work or to unreasonably interfere with the progress of the Work. No such occupancy, use, or placement in service may be construed as an acceptance of any of the Work or a release or satisfaction of Contractor's duty to insure and protect the Work, nor may it, unless conducted in an unreasonable manner.. be considered as an interference with Contractor's provision,performance, or completion of the Work. 1.15 Owner's Right to Terminate or Suspend Work for Convenience A. Termination or Suspension for Convenience. Owner has the right, for its convenience, to terminate or suspend the Work in whole or in part at any time by written -6- CONTRACT notice to Contractor. Every such notice must state the extent and effective date of such termination or suspension. On such effective date, Contractor must, as and to the extent directed, stop Work under this Contract, cease all placement of further orders or subcontracts, terminate or suspend Work under existing orders and subcontracts, cancel any outstanding orders or subcontracts that may be cancelled, and take any action necessary to protect any property in its possession in which Owner has or may acquire any interest and to dispose of such property in such manner as may be directed by Owner. B. Payment for Completed Work. In the event of any termination pursuant to Subsection 1.15A above, Owner must pay Contractor (1) such direct costs, excluding overhead, as Contractor has paid or incurred for all Work done in compliance with, and as required by or pursuant to, this Contract up to the effective date of termination together with ten percent of such costs for overhead and profit; and (2) such other costs pertaining to the Work, exclusive of overhead and profit, as Contractor may have reasonably and necessarily incurred as the result of such termination. Any such payment may be offset by any prior payment or payments and is subject to Owner's rights to withhold and deduct as provided in this Contract. ARTICLE II: CHANGES AND DELAYS 2.1 Changes Owner has the right, by written order executed by Owner, to make changes in the Contract, the Work, the Work Site, and the Contract Time ("Change Order"). If any Change Order causes an increase or decrease in the amount of the Work, an equitable adjustment in the Contract Price or Contract Time may be made. All claims by Contractor for an equitable adjustment in either the Contract Price or the Contract Time must be made within two business days following receipt of such Change Order, and may, if not made prior to such time, be conclusively deemed to have been waived. No decrease in the amount of the Work caused by any Change Order will entitle Contractor to make any claim for damages, anticipated profits, or other compensation. 2.2 Delays A. Extensions for Unavoidable Delays. For any delay that may result from causes that could not be avoided or controlled by Contractor, Contractor must, upon timely written application, be entitled to issuance of a Change Order providing for an extension of the Contract Time for a period of time equal to the delay resulting from such unavoidable cause. No extension of the Contract Time will be allowed for any other delay in completion of the Work. B. No Compensation for Delays. No payment, compensation, damages, or adjustment of any kind, other than the extension of the Contract Time provided in Subsection 2.2A above, may be made to, or claimed by, Contractor because of hindrances or delays from any cause in the commencement, prosecution. or completion of the Work, whether caused by Owner or any other party and whether avoidable or unavoidable. -7- CONTRACT ARTICLE III: CONTRACTOR'S RESPONSIBILITY FOR DEFECTIVE WORK 3.1 Inspection;Testing; Correction of Defects A. Inspection. Until Final Payment, all parts of the Work are subject to inspection and testing by Owner or its designated representatives. Contractor must furnish, at its own expense, all reasonable access, assistance, and facilities required by Owner for such inspection and testing. B. Re-Inspection. Re-inspection and re-testing of any Work may be ordered by Owner at any time, and, if so ordered, any covered or closed Work must be uncovered or opened by Contractor. If the Work is found to be in full compliance with this Contract, then Owner must pay the cost of uncovering, opening, re-inspecting, or re-testing, as the case may be. If such Work is not in full compliance with this Contract, then Contractor must pay such cost. C. Correction. Until Final Payment, Contractor must, promptly and without charge, repair, correct, or replace all or any part of the Work that is defective, damaged, flawed, or unsuitable or that in any way fails to conform strictly to the requirements of this Contract. 3.2 Warranty of Work A. Scope of Warranty. Contractor warrants that the Work and all of its components will be free from defects and flaws in design, workmanship, and materials; must strictly conform to the requirements of this Contract; and will be fit, sufficient, and suitable for the purposes expressed in, or reasonably inferred from, this Contract. The warranty herein expressed is in addition to any other warranties expressed in this Contract, or expressed or implied by law, which are hereby reserved unto Owner. B. Repairs; Extension of Warranty. Contractor, promptly and without charge, must correct any failure to fulfill the above warranty that may be discovered or develop at any time within one year after Final Payment or such longer period as may be prescribed in Attachment B or Attachment D to this Contract or by law. The above warranty may be extended automatically to cover all repaired and replacement parts and labor provided or performed under such warranty and Contractor's obligation to correct Work may be extended for a period of one year from the date of such repair or replacement. The time period established in this Subsection 3.2B relates only to the specific obligation of Contractor to correct Work and may not be construed to establish a period of limitation with respect to other obligations that Contractor has under this Contract. C. Subcontractor and Supplier Warranties. Whenever Attachment B or Attachment D requires a subcontractor or supplier to provide a guaranty or warranty, Contractor is solely responsible for obtaining said guaranty or warranty in form satisfactory to -8- CONTRACT Owner and assigning said warranty or guaranty to Owner. Acceptance of any assigned warranties or guaranties by Owner is a precondition to Final Payment and does not relieve Contractor of any of its guaranty or warranty obligations under this Contract. 3.3 Owner's RiLyht to Correct If, within two business days after Owner gives Contractor notice of any defect, damage, flaw, unsuitability, nonconformity, or failure to meet warranty subject to correction by Contractor pursuant to Section 3.1 or Section 3.2 of this Contract, Contractor neglects to make, or undertake with due diligence to make, the necessary corrections, then Owner is entitled to make, either with its own forces or with contract forces, the corrections and to recover from Contractor all resulting costs, expenses, losses, or damages, including attorneys' fees and administrative expenses. ARTICLE IV: FINANCIAL ASSURANCES 4.1 Bonds Contemporaneous with Contractor's execution of this Contract, Contractor must provide a Performance Bond and a Labor and Material Payment Bond, on forms provided by, or otherwise acceptable to, Owner, from a surety company licensed to do business in the State of Illinois with a general rating of A and a financial size category of Class X or better in Best's Insurance Guide, each in the penal sum of the Contract Price ("Bonds"). Contractor, at all times while providing, performing, or completing the Work, including, without limitation, at all times while correcting any failure to meet warranty pursuant to Section 3.2 of this Contract, must maintain and keep in force, at Contractor's expense, the Bonds required hereunder. 4.2 Insurance Contemporaneous with Contractor's execution of this Contract, Contractor must provide certificates and policies of insurance evidencing the minimum insurance coverages and limits set forth in Attachment A. For good cause shown, Owner may extend the time for submission of the required policies of insurance upon such terms, and with such assurances of complete and prompt performance, as Owner may impose in the exercise of its sole discretion. Such policies must be in a form, and from companies, acceptable to Owner. Such insurance must provide that no change, modification in, or cancellation of any insurance becomes effective until the expiration of 30 days after written notice thereof has have been given by the insurance company to Owner. Contractor must, at all times while providing, performing, or completing the Work, including, without limitation, at all times while correcting any failure to meet warranty pursuant to Section 3.2 of this Contract, maintain and keep in force, at Contractor's expense, the minimum insurance coverages and limits set forth in Attachment A. -9- CONTRACT 4.3 Indemnification Contractor hereby agrees to and will indemnify, save harmless, and defend Owner and all of it elected officials, officers, employees, attorneys, agents, and representatives against any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses, including attorneys' fees and administrative expenses, that may arise, or be alleged to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the Work or any part thereof, whether or not due or claimed to be due in whole or in part to the active, passive, or concurrent negligence or fault of Contractor, except to the extent caused solely by the negligence of Owner. ARTICLE V: PAYMENT 5.1 Contract Price Owner must pay to Contractor, in accordance with and subject to the terms and conditions set forth in this Article V and Attachment A, and Contractor must accept in full satisfaction for providing, performing, and completing the Work, the amount or amounts set forth in Attachment A (the "Contract Price"), subject to any additions, deductions, or withholdings provided for in this Contract. 5.2 Taxes and Benefits Owner is exempt from and will not be responsible to pay, or reimburse Contractor for, any state or local sales, use, or excise taxes. The Contract Price includes all other applicable federal, state, and local taxes of every kind and nature applicable to the Work as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits. All claim or right to claim additional compensation by reason of the payment of any such tax, contribution, or premium is hereby waived and released by Contractor. 5.3 Progress Pavments A. Payment in Installments. The Contract Price must be paid in monthly installments in the mariner set forth in Attachment A ("Progress Payments"). B. Pay Requests. Contractor must, as a condition precedent to its right to receive each Progress Payment, submit to Owner a pay request in the form provided by Owner ("Pay Request"). The first Pay Request must be submitted not sooner than 30 days following commencement of the Work. Owner may, by written notice to Contractor, designate a specific day of each month on or before which Pay Requests must be submitted. Each Pay Request must include (a) Contractor's certification of the value of, and partial or final waivers of lien covering, all Work for which payment is then requested and (b) Contractor's certification that all prior Progress Payments have been properly applied to the payment or reimbursement of the costs with respect to which they were paid. -10- CONTRACT C. Work Entire. This Contract and the Work are entire and the Work as a whole is of the essence of this Contract. Notwithstanding any other provision of this Contract, each and every part of this Contract and of the Work are interdependent and common to one another and to Owner's obligation to pay all or any part of the Contract Price or any other consideration for the Work. Any and all Progress Payments made pursuant to this Article are provided merely for the convenience of Contractor and for no other purpose. 5.4 Final Acceptance and Final Payment A. Notice of Completion. When the Work has been completed and is ready in all respects for acceptance by Owner, Contractor must notify Owner and request a final inspection ("Notice of Completion"). Contractor's Notice of Completion must be given sufficiently in advance of the Completion Date to allow for scheduling of the final inspection and for completion or correction before the Completion Date of any items identified by such inspection as being defective, damaged, flawed, unsuitable, nonconforming, incomplete, or otherwise not in full compliance with, or as required by or pursuant to, this Contract ("Punch List Work"). B. Punch List and Final Acceptance. The Work may be finally accepted when, and only when, the whole and all parts thereof have been completed to the satisfaction of Owner in full compliance with, and as required by or pursuant to, this Contract. Upon receipt of Contractor's Notice of Completion, Owner must make a review of the Work and notify Contractor in writing of all Punch List Work, if any, to be completed or corrected. Following Contractor's completion or correction of all Punch List Work, Owner must make another review of the Work and prepare and deliver to Contractor either a written notice of additional Punch List Work to be completed or corrected or a written notice of final acceptance of the Work ("Final Acceptance"). C. Final Pam. As soon as practicable after Final Acceptance, Contractor must submit to Owner a properly completed final Pay Request in the form provided by Owner ("Final Pay Request''). Owner must pay to Contractor the balance of the Contract Price, after deducting therefrom all charges against Contractor as provided for in this Contract ("Final Payment"). Final Payment must be made not later than 60 days after Owner approves the Final Pay Request. The acceptance by Contractor of Final Payment will operate as a full and complete release of Owner of and from any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses of, by, or to Contractor for anything done, furnished for, arising out of, relating to, or in connection with the Work or for or on account of any act or neglect of Owner arising out of, relating to, or in connection with the Work. 5.5 Liens A. Title. Nothing in this Contract may be construed as vesting in Contractor any right of property in any equipment, materials, supplies, and other items provided under this Contract after they have been installed in, incorporated into, attached to, or affixed to, the Work or the Work Site. All such equipment, materials, supplies, and other items will, upon being so installed, incorporated, attached or affixed, become the property of Owner, but such -11- CONTRACT title will not release Contractor from its duty to insure and protect the Work in accordance with the requirements of this Contract. B. Waivers of Lien. Contractor must,from time to time at Owner's request and in any event prior to Final Payment, furnish to Owner such receipts, releases, affidavits, certificates, and other evidence as may be necessary to establish, to the reasonable satisfaction of Owner, that no lien against the Work or the public funds held by Owner exists in favor of any person whatsoever for or by reason of any equipment, material, supplies, or other item furnished, labor performed, or other thing done in connection with the Work or this Contract ("Lien") and that no right to file any Lien exists in favor of any person whatsoever. C. Removal of Liens. If at any time any notice of any Lien is filed, then Contractor must, promptly and without charge, discharge, remove, or otherwise dispose of such Lien. Until such discharge, removal, or disposition, Owner will have the right to retain from any money payable hereunder an amount that Owner, in its sole judgment, deems necessary to satisfy such Lien and to pay the costs and expenses, including attorneys' fees and administrative expenses, of any actions brought in connection therewith or by reason thereof. D. Protection of Owner Only. This Section does not operate to relieve Contractor's surety or sureties from any of their obligations under the Bonds, nor may it be deemed to vest any right, interest, or entitlement in any subcontractor or supplier. Owner's retention of funds pursuant to this Section is deemed solely for the protection of its own interests pending removal of such Liens by Contractor, and Owner will have no obligation to apply such funds to such removal but may, nevertheless, do so where Owner's interests would thereby be served. 5.6 Deductions A. Owner's Right to Withhold. Notwithstanding any other provision of this Contract and without prejudice to any of Owner's other rights or remedies, Owner will have the right at any time or times, whether before or after approval of any Pay Request, to deduct and withhold from any Progress or Final Payment that may be or become due under this Contract such amount as may reasonably appear necessary to compensate Owner for any actual or prospective loss due to: (1) Work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete; (2) damage for which Contractor is liable under this Contract; (3) state or local sales, use, or excise taxes from which Owner is exempt: (4) Liens or claims of Lien regardless of merit; (5) claims of subcontractors, suppliers, or other persons regardless of merit; (6) delay in the progress or completion of the Work; (7) inability of Contractor to complete the Work; (8) failure of Contractor to properly complete or document any Pay Request; (9) any other failure of Contractor to perform any of its obligations under this Contract; or (10) the cost to Owner, including attorneys' fees and administrative costs, of correcting any of the aforesaid matters or exercising any one or more of Owner's remedies set forth in Section 6.3 of this Contract. B. Use of Withheld Funds. Owner is entitled to retain any and all amounts withheld pursuant to Subsection 5.6A above until Contractor has either performed the -12- CONTRACT obligations in question or furnished security for such performance satisfactory to Owner. Owner is entitled to apply any money withheld or any other money due Contractor under this Contract to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, attorneys' fees and administrative expenses incurred, suffered, or sustained by Owner and chargeable to Contractor under this Contract. ARTICLE VI: DISPUTES AND REMEDIES 6.1 Dispute Resolution Procedure A. Notice of Disputes and Objections. If Contractor disputes or objects to any requirement, direction, instruction, interpretation, determination, or decision of Owner, Contractor may notify Owner in writing of its dispute or objection and of the amount of any equitable adjustment to the Contract Price or Contract Time to which Contractor claims it will be entitled as a result thereof, provided, however, that Contractor must, nevertheless, proceed without delay to perform the Work as required, directed, instructed, interpreted, determined, or decided by Owner, without regard to such dispute or objection. Unless Contractor so notifies Owner within two business days after receipt of such requirement, direction, instruction, interpretation, determination, or decision, Contractor is conclusively deemed to have waived all such disputes or objections and all claims based thereon. B. Negotiation of Disputes and Objections: To avoid and settle without litigation any such dispute or objection, Owner and Contractor agree to engage in good faith negotiations. Within three business days after Owner's receipt of Contractor's written notice of dispute or objection, a conference between Owner and Contractor will be held to resolve the dispute. Within three business days after the end of the conference, Owner must render its final decision, in writing, to Contractor. If Contractor objects to the final decision of Owner, then it must; within three business days, give Owner notice thereof and, in such notice, must state its final demand for settlement of the dispute. Unless Contractor so notifies Owner, Contractor will be conclusively deemed (1) to have agreed to and accepted Owner's final decision and (2) to have waived all claims based on such final decision. 6.2 Contractor's Remedies If Owner fails or refuses to satisfy a final demand made by Contractor pursuant to Section 6.1 of this Contract, or to otherwise resolve the dispute which is the subject of such demand to the satisfaction of Contractor, within 10 days after receipt of such demand. then Contractor will be entitled to pursue such remedies, not inconsistent with the provisions of this Contract, as it may have in law or equity. 6.3 Owner's Remedies If it should appear at any time prior to Final Payment that Contractor has failed or refused to prosecute, or has delayed in the prosecution of, the Work with diligence at a rate that assures completion of the Work in full compliance with the requirements of this Contract on or before the Completion Date, or has attempted to assign this Contract or Contractor's -13- CONTRACT rights under this Contract, either in whole or in part, or has falsely made any representation or warranty in this Contract, or has otherwise failed, refused, or delayed to perform or satisfy any other requirement of this Contract or has failed to pay its debts as they come due ("Event of Default"), and has failed to cure any such Event of Default within five business days after Contractor's receipt of written notice of such Event of Default, then Owner will have the right, at its election and without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: 1. Owner may require Contractor, within such reasonable time as may be fixed by Owner, to complete or correct all or any part of the Work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete; to remove from the Work Site any such Work; to accelerate all or any part of the Work; and to take any or all other action necessary to bring Contractor and the Work into strict compliance with this Contract. 2. Owner may perform or have performed all- Work necessary for the accomplishment of the results stated in Paragraph 1 above and withhold or recover from Contractor all the cost and expense, including attorneys' fees and administrative costs, incurred by Owner in connection therewith. 3. Owner may accept the defective, damaged, flawed, unsuitable, nonconforming, incomplete, or dilatory Work or part thereof and make an equitable reduction in the Contract Price. 4. Owner may terminate this Contract without liability for further payment of amounts due or to become due under this Contract. 5. Owner may, without terminating this Contract, terminate Contractor's rights under this Contract and, for the purpose of completing or correcting the Work, evict Contractor and take possession of all equipment, materials, supplies, tools, appliances, plans, specifications, schedules, manuals, drawings, and other papers relating to the Work, whether at the Work Site or elsewhere, and either complete or correct the Work with its own forces or contracted forces, all at Contractor's expense. 6. Upon any termination of this Contract or of Contractor's rights under this Contract, and at Owners option exercised in writing, any or all subcontracts and supplier contracts of Contractor will be deemed to be assigned to Owner without any further action being required, but Owner may not thereby assume any obligation for payments due under such subcontracts and supplier contracts for any Work provided or performed prior to such assignment. 7. Owner may withhold from any Progress Payment or Final Payment, whether or not previously approved, or may recover from Contractor, any and all costs, including attorneys' fees and administrative expenses, incurred by Owner as -14- CONTRACT the result of any Event of Default or as a result of actions taken by Owner in response to any Event of Default. 8. Owner may recover any damages suffered by Owner. 6.4 Owner's Additional Remedy for Delay If the Work is not completed by Contractor, in full compliance with, and as required by or pursuant to, this Contract, within the Contract Time as such time may be extended by Change Order, then Owner may invoke its remedies under Section 6.3 of this Contract or may, in the exercise of its sole and absolute discretion, permit Contractor to complete the Work but charge to Contractor, and deduct from any Progress or Final Payments, whether or not previously approved, administrative expenses and costs for each day completion of the Work is delayed beyond the Completion Date, computed on the basis of the "Per Diem Administrative Charge" set forth in Attachment A, as well as any additional damages caused by such delay. 6.5 Terminations and Suspensions Deemed for Convenience Any termination or suspension of Contractor's rights under this Contract for an alleged default that is ultimately held unjustified will automatically be deemed to be a termination or suspension for the convenience of Owner under Section 1.15 of this Contract. ARTICLE VIL• LEGAL RELATIONSHIPS AND REQUIREMENTS 7.1 Binding Effect This Contract is binding on Owner and Contractor and on their respective heirs, executors, administrators, personal representatives, and permitted successors and assigns. Every reference in this Contract to a party is deemed to be a reference to the authorized officers, employees, agents, and representatives of such parry. 7.2 Relationship of the Parties Contractor will act as an independent contractor in providing and performing the Work. Nothing in, nor done pursuant to, this Contract may be construed (1) to create the relationship of principal and agent, partners, or joint venturers between Owner and Contractor or (2) except as provided in Paragraph 63(6) above, to create any relationship between Owner and any subcontractor or supplier of Contractor. 7.3 No Collusion/Prohibited Interests Contractor hereby represents that the only persons, firms, or corporations interested in this Contract as principals are those disclosed to Owner prior to the execution of this Contract, and that this Contract is made without collusion with any other person, firm, or corporation. -15- CONTRACT If at any time it is found that Contractor has, in procuring this Contract, colluded with any other person, firm, or corporation, then Contractor will be liable to Owner for all loss or damage that Owner may suffer thereby, and this Contract will, at Owner's option, be null and void. Contractor hereby represents and warrants that neither Contractor nor any person affiliated with Contractor or that has an economic interest in Contractor or that has or will have an interest in the Work or will participate, in any manner whatsoever, in the Work is acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by the United States Treasury Department as a Specially Designated National and Blocked Person, or for or on behalf of any person, group, entity or nation designated in Presidential Executive Order 13224 as a person who commits, threatens to commit, or supports terrorism, and neither Contractor nor any person affiliated with Contractor or that has an economic interest in Contractor or that has or will have an interest in the Work or will participate, in any manner whatsoever, in the Work is, directly or indirectly, engaged in, or facilitating, the Work on behalf of any such person, group, entity or nation. 7.4 Assignment Contractor may not (1) assign this Contract in whole or in part, (2) assign any of Contractor's rights or obligations under this Contract, or (3) assign any payment due or to become due under this Contract without the prior express written approval of Owner, which approval may be withheld in the sole and unfettered discretion of Owner; provided, however, that Owner's prior written approval will not be required for assignments of accounts, as defined in the Illinois Commercial Code, if to do so would violate Section 9-318 of the Illinois Commercial Code, 810 ILCS 5/9-318. Owner may assign this Contract, in whole or in part, or any or all of its rights or obligations under this Contract, without the consent of Contractor. 7.5 Confidential Information All information supplied by Owner to Contractor for or in connection with this Contract or the Work must be held confidential by Contractor and may not, without the prior express written consent of Owner, be used for any purpose other than performance of the Work. 7.6 No Waiver No examination, inspection, investigation, test, measurement, review, determination, decision, certificate, or approval by Owner, nor any order by Owner for the payment of money, nor any payment for, or use, occupancy, possession, or acceptance of, the whole or any part of the Work by Owner, nor any extension of time granted by Owner, nor any delay by Owner in exercising any right under this Contract, nor any other act or omission of Owner may constitute or be deemed to be an acceptance of any defective, flawed, unsuitable, nonconforming or incomplete Work. equipment, materials, or supplies, nor operate to waive or otherwise diminish the effect of any warranty or representation made by -16- CONTRACT Contractor; or of any requirement or provision of this Contract; or of any remedy, power, or right of Owner. 7.7 No Third Partv Beneficiaries No claim as a third parry beneficiary under this Contract by any person, firm, or corporation other than Contractor may be made or be valid against Owner. 7.8 Notices All notices required or permitted to be given under this Contract must be in writing and are deemed received by the addressee thereof when delivered in person on a business day at the address set forth below or on the third business day after being deposited in any main or branch United States post office, for delivery at the address set forth below by properly addressed, postage prepaid, certified or registered mail, return receipt requested. Notices and communications to Owner must be addressed to, and delivered at, the following address: with a copes: Village of Oak Brook Holland & Knight LLC 1200 Oak Brook Road 131 South Dearborn Street, 30th Floor Oak Brook, IL 60523 Chicago, Illinois 60603 Attention: Michael Hullihan Attention: Peter M. Friedman Notices and communications to Contractor must be addressed to, and delivered at, the following address: with a copy to: Industria Inc. 2856 North Campbell Chica,Qo. Illinois 60618 Attn: Jon Kelecius The foregoing may not be deemed to preclude the use of other non-oral means of notification or to invalidate any notice properly given by any such other non-oral means. By notice complying with the requirements of this Section, Owner and Contractor each have the right to change the address or addressee or both for all future notices to it, but no notice of a change of address is effective until actually received. 7.9 Governing Laws This Contract and the rights of Owner and Contractor under this Contract will be interpreted according to the internal laws, but not the conflict of laves rules, of the State of Illinois; venue for any action related to this Contract will be in the Circuit Court of DuPage County, Illinois. -17- CONTRACT 7.10 Changes in Laws Unless otherwise explicitly provided in this Contract, any reference to laws includes such laws as they may be amended or modified from time to time. 7.11 Compliance with Laws A. Compliance Required. Contractor must give all notices, pay all fees, and take all other action that may be necessary to ensure that the Work is provided, performed, and completed in accordance with all required governmental permits, licenses or other approvals and authorizations that may be required in connection with providing, performing, and completing the Work, and with all applicable statutes, ordinances, rules, and regulations, including without limitation the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et seq. (see Subsection C of this Section) (a copy of Owner's ordinance ascertaining the prevailing rate of wages, in effect as of the date of this Contract, has been attached as an Appendix to this Contract; if the Illinois Department of Labor revises the prevailing rate of hourly wages to be paid, the revised rate applies to this Contract); any other applicable prevailing wage laws; the Fair Labor Standards Act; any statutes regarding qualification to do business; any statutes requiring preference to laborers of specified classes; the Illinois Steel Products Procurement Act, 30 ILCS 565/1 et seq.; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., the Illinois Human Rights Act, 775 ILCS 511-101 et sec., and the Public Works Discrimination Act, 775 ILCS 10/0.01 et seg.; and any statutes regarding safety or the performance of the Work, including the Illinois Underground Utility Facilities Damage Prevention Act, 220 ILCS 5011 et seq., and the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651 et sec. B. Liability for Fines, Penalties. Contractor is solely liable for any fines or civil penalties that are imposed by any governmental or quasi-governmental agency or body that may arise, or be alleged to have arisen, out of or in connection with Contractor's, or its subcontractors' or suppliers', performance of, or failure to perform, the Work or any part thereof. C. Prevailing Wage Act. Contractor and each subcontractor, in order to comply with the Prevailing Wage Act, 820 ILCS 130/0.01 et sec. (the "Act"), must submit to the Village a certified payroll on a monthly basis, in accordance with Section 5 of the Act. The certified payroll must consist of a complete copy of those records required to be made and kept by the Act. The certified payroll must be accompanied by a statement signed by the contractor or subcontractor that certifies that (1) such records are true and accurate, (2) the hourly rate paid is not less than the general prevailing rate of hourly wages required by the Act, and (3) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. Contractor may rely on the certification of a subcontractor, provided that Contractor does not knowingly rely on a subcontractor's false certification. On two business days' notice, Contractor and each subcontractor must make available for inspection the records required to be made and kept by the Act (i) to the Village -18- CONTRACT and its officers and agents and to the Director of the Illinois Department of Labor and his or her deputies and agents and (ii) at all reasonable hours at a location within the State. D. Required Provisions Deemed Inserted. Every provision of law required by law to be inserted into this Contract is deemed to be inserted herein. 7.12 Compliance with Patents A. Assumption of Costs, Royalties, and Fees. Contractor will pay or cause to be paid all costs, royalties, and fees arising from the use on, or the incorporation into, the Work, of patented equipment, materials, supplies, tools, appliances, devices, processes, or inventions. B. Effect of Contractor Being Enjoined. Should Contractor be enjoined from furnishing or using any equipment, materials, supplies,tools, appliances, devices, processes, or inventions supplied or required to be supplied or used under this Contract, Contractor must promptly offer substitute equipment, materials, supplies, tools, appliances, devices, processes, or inventions in lieu thereof, of equal efficiency, quality, suitability, and market value, for review by Owner. If Owner should disapprove the offered substitutes and should elect, in lieu of a substitution, to have supplied, and to retain and use, any such equipment, materials, supplies, tools, appliances, devices, processes, or inventions as may by this Contract be required to be supplied, Contractor must pay such royalties and secure such valid licenses as may be requisite and necessary for Owner to use such equipment, materials, supplies, tools, appliances, devices, processes, or inventions without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should Contractor neglect or refuse to make any approved substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then Owner will have the right to make such substitution, or Owner may pay such royalties and secure such licenses and charge the cost thereof against any money due Contractor from Owner or recover the amount thereof from Contractor and its surety or sureties notwithstanding that Final Payment may have been made. 7.13 Time The Contract Time is of the essence of this Contract. Except where otherwise stated, references in this Contract to days is construed to refer to calendar days. 7.14 Severabilitv The provisions of this Contract will be interpreted when possible to sustain their legality and enforceability as a whole. In the event any provision of this Contract is held invalid, illegal, or unenforceable by a court of competent jurisdiction, in whole or in part, neither the validity of the remaining part of such provision, nor the validity of any other provisions of this Contract will be in anyway affected thereby. -19- CONTRACT 7.15 Entire AlZreement This Contract sets forth the entire agreement of Owner and Contractor with respect to the accomplishment of the NA"ork- and the payment of the Contract Price therefor. and there are no other understandings or agreements, oral or written. betNveen Owner and Contractor with respect to the W*ork and the compensation therefor, 7.1.6 Amendments No modification, addition. deletion. revision, alteration or other change to this Contract is effecti-vt unless and until such. chance is reduced to writing executed and delivered bN, Owner and Contractor. r_1 INI WITNESS WHEREOF, Owner and Contractor have caused this Contract to be executed by their proper]y authorized representatives in two original counterparts as of the Effective Date. Village of Oak Br ok B37: Name: n C$ Title: 4 &-?r-es, A ex+ Attest: Bv: Name: Title: Industria, Inc. By: Name: David Rambhajan Title: President Attest: -171 _b Name: Dana Harder Title: Operations Manager STATE OF ILLrINJOIS COUNTY OF Cook Ss CO? TR.ACTOR'S CERTIFICATION David Rambhajan - —. beina first duly sworn on oath, deposes and states that all statements herein made are made on behalf of Contractor, that this deponent is authorized to make them, and that the statements contained herein are true and correct_ Contractor deposes. states, and certifies that Contractor is not barred from contracting with a unit of state or local government as a result of(1) a violation of either Section 33E-3 3 E-33 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5'33E-1'1 et sec., or (ii) a violation of the USA Patriot Act. of 2001, 107 Public Lain 56 (October 26, 2001) (the "Patriot Act") or other statutes, orders. rules. and regulations of the United States government and its various executive departments. agencies and offices related to the subject matter of the Patriot Act, including, but not limited to, Executive Order 13224 effective September 24, DATED: may 21, -)o 15, Industria, Inc. By 2111 ,Name: -David Rambhai an Title: President Attest: Bv: - rte Name., Dana Harder Title: -Operations manager Subscribed and Sworn to before me on 21st Day of may . 20 15 My Commission expires: e- 18', J61-7. Nota 3 Public MARIA ZARCO OFFICIAL SEAL (SEAL,) Notal Y Public,5t.1 11,(it III,,"J11, r, MY Commigglof, rRiCFt June 1B,4011 VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF 2015 BRIDGE IMPROVEMENTS PROJECT ATTACHMENT A SUPPLEMENTAL SCHEDULE OF CONTRACT TERMS 1. Pro i ect: The 2015 Bridge Improvements Project, which includes the partial rehabilitation of three (3) bridge structures (SN 022-9905, -9904 and -6853) within the Village as more fully described in Attachments B, C, and D. Work at these locations will include cleaning out debris from existing drainage scuppers and downspouts, partial depth patching of the deck and approach slab, HMA surface cold milling and HMA resurfacing of the approach slabs, bridge washing and sealing the bridge deck, final pavement marking and traffic control. 2. Work Site: The improvements consist of three (3) project areas described as the 2015 Bridge Improvements Project. The project locations and proposed improvements are as follows: Location 1- SN 022-9905 (York Road over the East-West Tollway) Location 2- SN 022-9904 (York Road over the East-West Tollway Connector) Location 3- SN 022-6853 (Windsor Road over the East-West Tollway Connector) 3. Permits, Licenses, Approvals, and Authorizations: Contractor must obtain all required governmental permits, licenses, approvals, and authorizations, except: ❑ [Identify permits, licenses, and approvals obtained, or to be obtained, by Owner] ❑ No Exceptions 4. Commencement Date: ❑ the date of execution of the Contract by Owner. -1- ATTACHMENT A ❑ days after execution of the Contract by Owner. ® May 14, 2015 5. Completion Date: ❑ days after the Commencement Date plus extensions, if any, authorized by a Change Order issued pursuant to Subsection 2.2A of the Contract ® July 31, 2015, plus extensions, if any, authorized by a Change Order issued pursuant to Subsection 2.2A of the Contract 6. Insurance Coverage: Each contractor performing any work pursuant to a contract with Owner and each permittee working under a permit as required pursuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work under the contract or permit, either by the contractor, permittee, or their agents, representatives, employees or subcontractors. A contractor or permittee shall maintain insurance with limits no less than: A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, provided that when the estimated cost of the work in question does not exceed $25,000, the required limit shall be $1,000,000; B. Automobile Liability(if applicable) - $1,000,000 combined single limit per accident for bodily injury and property damage; C. Worker's Compensation and Employer's Liability- Worker's Compensation limits as required by the Labor Code of the State of Illinois and Employer's Liability limits of$1,000,000 per accident. Any deductibles or self-insured retention must be declared to and approved by Owner. At the option of Owner, either the insurer shall reduce or eliminate such deductible or self- insured retention as respect to Owner, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses to the extent of such deductible or self-insured retention. -2- ATTACHMENT A The policies shall contain, or be endorsed to contain,the following provisions: D. General Liability and Automobile Liability Coverage- (1) The Owner, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Insured; premises owned, occupied or used by the Insured. The coverage shall contain no special limitations on the scope of protection afforded to the Owner, its officers, officials, employees, volunteers, or agents. (2) The Insured's insurance coverage shall be primary insurance as respect to the Owner, its officers, officials, employees, volunteers and agents. Any insurance or self-insurance maintained 'by the Owner, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's insurance and shall not contribute with it. (3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Owner, its officers, officials, employees, volunteers or agents. (4) The Insured's insurance shall apply separately to each covered party against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. E. Worker's Compensation and Employer's Liability Coverage - The policy shall waive all rights of subrogation against the Owner, its officers, officials, employees, volunteers and agents for losses arising from work performed by the insured for the Owner. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either parry, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to Owner. Each insurance policy shall name the Owner, its officers, officials and employees, volunteers and agents as Additional Insureds. Insurance is to be placed Frith insurers with a Best's rating of no less than A: VII. Each Insured shall furnish the Owner with certificates of insurance and with original endorsements effecting coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Owner and shall be subject to approval by the Village Attorney before work commences. The Owner reserves the right to require complete, certified copies of all required insurance policies, at any time. ATTACHMENT A Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. ❑ F. Builders Risk Insurance. This insurance must be written in completed value form, must protect Contractor and Owner against "all risks" of direct physical loss to buildings, structures, equipment, and materials to be used in providing, performing, and completing the Work, including without limitation fire extended coverage, vandalism and malicious mischief, sprinkler leakage, flood, earth movement and collapse, and must be designed for the circumstances that may affect the Work. This insurance must be written with limits not less than the insurable value of the Work at completion. The insurable value must include the aggregate value of Owner-furnished equipment and materials to be constructed or installed by Contractor. This insurance must include coverage while equipment or materials are in warehouses, during installation, during testing, and after the Work is completed, but prior to Final Payment. This insurance must include coverage while Owner is occupying all or any part of the Work prior to Final Payment without the need for the insurance company's consent. ® G. Owner's and Contractor's Protective Liability Insurance. Contractor, at its sole cost and expense, must purchase this Insurance in the name of Owner with a combined single limit for bodily injury and property damage of not less than $1,000,000. H. Umbrella Policy. The required coverage may be in the form of an umbrella policy above $2,000,000 primary coverage. All umbrella policies must provide excess coverage over underlying insurance on a following-form basis so that, when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover that loss. ❑ G. Deductible. Each policy must have a deductible or self-insured retention of not more than $ ❑ H. Owner as Additional Insured. Owner must be named as an Additional Insured on the following policies: All as indicated above -4- ATTACHMENT A The Additional Insured endorsement must identify Owner as follows: The Village of Oak Brook and its boards, commissions, committees, authorities, employees, agencies, officers, voluntary associations, and other units operating under the jurisdiction and within the appointment of its budget. ® I. Other Parties as Additional Insureds. In addition to Owner, the following parties must be named as additional insured on the following policies: Additional Insured Policy or Policies Crawford, Murphy & Tilly, Inc. All as indicated above 7. Contract Price: SCHEDULE OF PRICES ❑ A. LUMP SUM CONTRACT For providing, performing, and completing all Work, the total Contract Price of(write in numbers only): ❑ All Work will be paid on a force account basis, using the terms of Section 109.04(b) of the IDOT Standard Specifications For Road And Bridge Construction 2012, without limitation to "extra work." Contractor shall be paid in installments (see below). Contractor must submit Pay Requests including itemized statements of the cost of the Work, accompanied and supported by statements and invoices for all labor, materials, transportation charges and other items of the Work, using standard Illinois Department of Transportation schedules and report forms. ® B. UNIT PRICE CONTRACT NOTE: If Owner has provided a separate form Schedule of Pricing attached to this Attachment A, then that Schedule of Prices will be used and this Subsection B should not be used. If Owner has not provided a separate form Schedule of Prices, then this Subsection B should be used. For providing, performing, and completing all Work, the sum of the products resulting from multiplying the number of acceptable units of Unit Price Items ATTACHMENT A listed belo x incorporated in the Work by the Unit Price set forth below for such Unit Price Rein: COMPLETE ATTACHED SCHEDULE OF PRICES- ATTACHMENT E In addition to competing Attachment' E- Total must be filled in below. I - TOTAL CONTRACT PRICE (write in numbers ontv): S 336,404.95 ❑ C. COMBINED LUMP SUM/UNIT PRICE CONTRACT (1) For providing, performing, and completing all Work related to [describe lunir- sawn work]. the total sum of 647rite in numbers on1j): S (2) For providing, performing, and completin'g, all Work related to, (describe unit price work-1, the sum of the products resulting from multiplying the number of acceptable units of Unit Price Items listed below incorporated in the Work by the Unit Price set forth belo,.+, for such Unit Price item: COMPLETE TABLE AS INDICATED Approximau: Number of Price Unit Price Item Unit Units Per Unit Extension 2 ........ 3 TO-1-AL (.-O RI-AC T PRICE. being the sum of(1) plus the extension Of(2) (vvrite in numbers oniv): D, Any items of Work not specifically listed or referred to in the Schedule of Prices, or not specifically included for payment Linder any Unit Price Item, SI-a" be deemed inicidental to the Contract Price. shall not be measured for !1 11. payment, and shall not be paid for separately except as incidental to the ATTACHMENT A Contract Price, including without limitation extraordinary equipment repair, the cost of transportation, packing, cartage, and containers, the cost of preparing schedules and submittals, the cost or rental of small tools or buildings, the cost of utilities and sanitary conveniences, and any portion of the time of Bidder, its superintendents, or its office and engineering staff. 8. Progress Payments: A. General. Owner must pay to Contractor 90 percent of the Value of Work, determined in the manner set forth below, installed and complete in place up to the day before the Pay Request, less the aggregate of all previous Progress Payments. The total amount of Progress Payments made prior to Final Acceptance by Owner may not exceed 90 percent of the Contract Price. B. Value of Work. The Value of the Work will be determined as follows: (1) Lump Sum Items. For all Work to be paid on a lump sum basis, Contractor must, not later than 10 days after execution of the Contract and before submitting its first Pay Request, submit to Owner a schedule showing the value of each component part of such Work in form and with substantiating data acceptable to Owner (`Breakdown Schedule"). The sum of the items listed in the Breakdown Schedule must equal the amount or amounts set forth in the Schedule of Prices for Lump Sum Work. An unbalanced Breakdown Schedule providing for overpayment of Contractor on component parts of the Work to be performed first will not be accepted. The Breakdown Schedule must be revised and resubmitted until acceptable to Owner. No payment may be made for any lump sum item until Contractor has submitted, and Owner has approved, an acceptable Breakdown Schedule. Owner may require that the approved Breakdown Schedule be revised based on developments occurring during the provision and performance of the Work. If Contractor fails to submit a revised Breakdown Schedule that is acceptable to Owner, Owner will have the right either to suspend Progress and Final Payments for Lump Sum Work or to make such Payments based on Owner's determination of the value of the Work completed. (2) Unit Price Items. For all Work to be paid on a unit price basis, the value of such Work will be determined by Owner on the basis of the actual number of acceptable units of Unit Price Items installed and complete in place, multiplied by the applicable Unit Price set forth in the Schedule of Prices. The actual number of acceptable units installed and complete in place mill be measured on the basis described in Attachment B to the Contract or, in the absence of such description, on the basis determined by Owner. The number of units of Unit Price -7- ATTACHMENT A Items stated in the Schedule of Prices are Owner's estimate only and may not be used in establishing the Progress or Final Payments due Contractor. The Contract Price will be adjusted to reflect the actual number of acceptable units of Unit Price Items installed and complete in place upon Final Acceptance. C. Application of Payments. All Progress and Final Payments made by Owner to Contractor will be applied to the payment or reimbursement of the costs with respect to which they were paid and will not be applied to or used for any pre- existing or unrelated debt between Contractor and Owner or between Contractor and any third party. 9. Per Diem Administrative Charge: $ 250.00 per day 10. Standard Specifications: The Contract includes the following Illinois Department of Transportation standard specifications, each of which are incorporated into the Contract by reference: ❑ "State of Illinois Standard Specifications for Road and Bridge Construction" (SSRB) ❑ "Standard Specifications for Water and Sewer Main Construction in Illinois" (SSWS) ❑ "Illinois Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD). The Contract also includes Owner's Village Code and Building Codes. References to any of these manuals, codes; and specifications means the latest editions effective on the date of the bid opening. See Attachment D for any special project requirements. -8- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF 2015 BRIDGE IMPROVEMENTS PROJECT ATTACHMENT B SPECIFICATIONS -1- VILLAGE OF OAK BROOK STATE OF ILLINOIS 2015 Bridge Improvements Project The following Specifications and other provisions together with Special Provisions, and all provisions contained in this Bid Package, shall govern the construction of the proposed improvement and are a part of the Contract. A. "Standard Specifications for Road and Bridge Construction", adopted January 1st, 2012, published by the Illinois Department of Transportation (IDOT). B� "Supplemental Specifications and Recurring Special Provisions", adopted January 1 st, 2015 published by IDOT. C. "Bureau of Local Roads and Streets, Special Provisions and Specifications", published by IDOT. D. "Bureau of Design and Environment, Special Provisions", adopted subsequent to issuance of Supplemental Specifications and Recurring Special Provisions. E. "Manual on Uniform Traffic Control Devices for Streets and Highways", adopted by IDOT. Before submitting the proposal, bidders should read all the above mentioned documents along with the Special Provisions and familiarize themselves with all requirements of same. Before submitting proposals, bidders should visit the site of the proposed worts, verify all site conditions and also conditions under which said work must be conducted. Submission of a Proposal implies that the bidder is fully conversant with all requirements of Standard Specifications, Special Provisions, Standard Drawings, and site conditions. No claim for additional compensation will be considered or paid because of the Contractor's negligence or failure to be so informed. 1 VILLAGE OF OAK BROOK STATE OF ILLINOIS 2015 Bridge Improvements Project The following Specifications and other provisions together with Special Provisions, and all provisions contained in this Bid Package, shall govern the construction of the proposed improvement and are a part of the Contract. A. "Standard Specifications for Road and Bridge Construction", adopted January 1st, 2012, published by the Illinois Department of Transportation (IDOT).. B. "Supplemental Specifications and Recurring Special Provisions", adopted January 1 st, 2015 published by IDOT. C. "Bureau of Local Roads and Streets, Special Provisions and Specifications", published by [DOT. D. "Bureau of Design and Environment, Special Provisions", adopted subsequent to issuance of Supplemental Specifications and Recurring Special Provisions. E. "Manual on Uniform Traffic Control Devices for Streets and Highways", adopted by [DOT. Before submitting the proposal, bidders should read all the above mentioned documents along with the Special Provisions and familiarize themselves with all requirements of same. Before submitting proposals, bidders should visit the site of the proposed work, verify all site conditions and also conditions under which said work must be conducted. Submission of a Proposal implies that the bidder is fully conversant with all requirements of Standard Specifications, Special Provisions, Standard Drawings, and site conditions. No claim for additional compensation will be considered or paid because of the Contractor's negligence or failure to be so informed. 1 PERMIT Access to these structures from the roadways below will require approval from the Illinois Tollway. Necessary lane and/or shoulder closures to perform the work as specified shall be directly coordinated by the Contractor with the Illinois Tollway. All traffic control and subsequent requirement shall be in accordance with the plans and specifications herein, and in conformance tithe most recent version of the Toilway's "Roadway Traffic Control and Communications Manual" as available on the Tollway's website under"Doing Business" >"Construction and Engineering"> "Manuals". http:l/www.iIIinoistol!way.com/doing-business/construction- en ineeringlmanuals*contractor manuals CONTRACT TIME For this contract, substantial completion shall be made by July 15"', 2015, meaning no further lane closures are required to perform the work, and all punchlist items must be completed by July 31, 2015. Should the Contractor fail to complete the work as stipulated above, the Contractor shall be liable to damages to the Owner in accordance with Article 108.09, Failure to Complete the Work on Time. SURVEY CONTROL POINTS The provisions of Article 105.09 of the Standard Specifications shall be modified so that the Contractor will be responsible for all layout, staking and other activities required to establish the location, alignment, elevations and grade of work. The Contractor shall assume full responsibility for all dimensions and elevations required to construct the work in accordance with the details shown on the plans. The Engineer will be available to assist the Contractor in interpretation of the plans and layout operations. In the event any questions arise to the proposed location of any work element or the intent of the plans, the Contractor shall advise the Engineer of such issues prior to the execution of any construction operations. This work will not be measured or paid for separately but shall be considered as included in and incidental to the various payment items provided for herein. VANDALISM Special attention is called to the Special Provision for "Inspection" as well as Article 1 v 1 .300 of 'the "Sta+idard Specifications".�s". Any defaced work shah be corrected or f`� replaced by the Contractor at his sole expense prior to final payment. The Village of Oak Brook shall cooperate with the Contractor to minimize vandalism, but the Contractor shall be ultimately responsible to correct any damage. The Village will not be responsible for the security of the work site in this regard, other than normal 4 patrolling and response to emergencies. The cost of additional security required to meet this provision shall be solely the Contractor's responsibility. MAINTENANCE OF ROADWAYS Beginning on the date that work begins on this project, the Contractor shall assume responsibility for normal maintenance of all existing roadways within the limits of the improvement. This normal maintenance shall include all repair work deemed necessary by the Engineer, but shall not include snow removal operations. Traffic control and protection for maintenance of roadways will be provided by the Contractor as required by the Engineer. PUBLIC CONVENIENCE AND SAFETY In addition to the requirements of Article 107.09 of the "'Standard Specifications for Road and Bridge Construction", the Contractor shall maintain entrances and side roads along the proposed improvement; interference with traffic movements and inconvenience to owners of abutting property and public shall be kept to a minimum. Any delays or inconveniences caused the Contractor by complying with these requirements shall be considered as incidental to the contract, and no additional compensation will be allowed. The Contractor is to plan his work so that there will be no open holes in the pavement and that all barricades will be removed from the pavement during non-work hours. During all construction operations, the Contractor will be required to provide, erect and maintain proper signage and barricades plus provide flagmen as necessary for safe traffic control. All previsions relating to traffic control, signage, barricades and the use of flagmen shall be subject to the approval and the direction of the Engineer. The Contractor will not be allowed to close any street to through travel without the prior approval of the Engineer. The Contractor will be required to provide all warning signs, barricades, traffic cones, flagmen and other appurtenances as the Engineer deems necessary to guarantee the safety of motorists and pedestrians during construction. This work will not be paid for separately but shall be considered as incidental to the Contract and no extra compensation will be allowed. CHANGE IN SCOPE OF WORK The Village reserves the right to decrease the contract quantities in order to meet budgetary constraints. No compensation will be allowed to the Contractor for decrease in quantities and anticipated profits. 5 USE OF FIRE HYDRANTS In addition to the requirements of Article 107.18 of the Standard Specifications, construction water must be obtained from a tank truck and not from municipal fire hydrants. Arrangements for filling a tank truck shall be made with the Village of Oak Brook Public Works Department, 3003 Jorie Boulevard, Oak Brook, Illinois. SITE INVESTIGATION AND CONDITIONS AFFECTING WORK The BIDDER acknowledges that, prior to submission of its bid, it has taken steps necessary to ascertain the nature and location of the Work, and that it has investigated, confirmed, verified as correct and satisfied itself as to the general and local conditions which can affect the Work or its costs, including but not limited to (1) location and load capacity of existing roadways, utilities, corresponding pavement, shoulders, curb and gutter, sanitary sewer, storm sewers, and water main, bearing upon transportation, disposal, handling and storage of materials; (2) the availability of labor, water, electric power and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site, (4) the conformation and conditions of the ground and existing detention ponds; (5) the character of equipment and facilities needed prior to and during work performance; (6) subsurface conditions at the site of Work; (7) the quantities and qualities of all materials, equipment, and labor set forth in Bid Proposal, plans and drawings and specifications that are necessary to complete all of the Work as required under the Contract Documents; and (8) the location, condition, compatibility, configuration of all existing utilities and infrastructure. The BIDDER also acknowledges that it has verified as correct, confirmed and satisfied itself as to the character, quality and quantity of surface and subsurface materials, obstacles or conditions to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done, if any; as well as from the drawings, plans and specifications made a part of the bidding documents. The BIDDER fuFthe aGknewledges that 4 has I investigated, > Ye4ed as GeFi;eGt and satisfied itself as to the @e9t9GhRiE;aI Any failure of the BIDDER to take the actions described and acknowledged in this paragraph will not relieve the BIDDER from responsibility for estimating properly the difficulty and cost of successfully performing the Work, or for proceeding to successfully perform the Work without additional expense to the OWNER. Crawford, Murphy & Tilly, Inc. and OWNER assume no responsibility for any conclusions or interpretations made by the BIDDER based on information made available Crawford, Murphy & Tilly, Inc. or the OWNER of the project. Nor do the OWNER or Crawford, Murphy & Tilly, Inc. assume responsibility for any understanding reached or representation made concerning conditions which can affect the Work by any of its officers or agents before the acceptance of the bid offer and execution of the contract, unless that understanding or representation is expressly stated in this contract. USE OF HEAVY EQUIPMENT, TOOLS, RESTRICTIONS Except as provided in subsections B, C and D of this Section, no person or entity may use "heavy equipment" in residential areas except between seven o'clock (7:00) A.M. 6 and six o'clock (6:00) P.M. Monday through Friday and between eight o'clock (8:00) A.M. and five o'clock (5:00) P.M. on Saturdays and Sundays; and in commercial areas except between six o'clock (6:00) A.M. and six o'clock (6:00) P.M. Monday through Friday and between six o'clock (6:00)A.M. and six o'clock (6:00) P.M. on Saturdays and Sundays; provided, however, that such equipment shall not be used at any time on Federal holidays. For purposes of this Section, "heavy equipment" shall mean bulldozers, jackhammers, pile drivers, power hammers, chain saws, graders, riveters, earth movers, tree and stump grinders, trenchers, cement mixers, tractors, power hoists or derricks, demolition balls, power shovels, trucks, and power equipment on wheels or traction chains, or other similar equipment, but shall not include garbage trucks which are governed by separate agreement within the Village. A. Other Tools Tools other than heavy equipment may be used at any time within a fully enclosed structure; any use of such tools outside a fully enclosed structure shall be prohibited between the hours of eight o'clock (8:00) P.M. and eight o'clock (8:00) A.M., except as provided in subsections B, C and D of this Section. B. Emergencies: The limitations stated in this Section shall not apply in any situation which requires heavy equipment or other tools in emergencies to assist or avoid a problem related to health or to safety of persons or property, or to sewer, water, power, utility, or telephone interruptions. C. Work by Public Agencies: The limitations stated in this Section may be waived by the Board of Trustees by resolution for work undertaken by any public body or agency for the benefit of the public. The Board of Trustees may attach to any such waiver all conditions it deems necessary to protect the public health, safety or welfare. D. Waiver. The limitations stated in this Section may be waived by the Village Manager in areas of the Village zoned for nonresidential uses pursuant to the Village zoning ordinance; provided, however, that no such waiver shall be granted unless the Village Manager finds that: 1. The party seeking the waiver will suffer a unique or unusual hardship unless the waiver is granted; and 2. The granting of a waiver will not cause a substantial or undue adverse impact upon adjacent property or upon the public health, safety and welfare. The Village Manager may attach to such waiver all conditions he deems necessary to protect the public health, safety or welfare. DUST CONTROL Description_ Contractor shall provide necessary measures to mitigate dust as directed by the Engineer. 7 Construction Requirements.. This work shall include but is not limited to street sweeping of all affected roads with sweeper that is equipped with a functional water source. Method of Measurement. This work will not be paid for separately but shall be considered included in the cost of the contract. HOT-MIX ASPHALT PAVEMENTS, SPECIAL HOT-MIX ASPHALT SURFACE COURSE, MIX "D", N70, SPECIAL Description and Materials, Hot-Mix Asphalt(HMA) surface course of the specified mix shall meet the requirements of the IDIJT Standard Specifications and be form an approved IDOT supplier with an approved and current Mix Design Number on record. The contractor shall supply the mix design certification to the engineer at the beginning of the project. Method of Measurement and Basis of Payment. This work will be measured and paid for at the contract unit price per ton for SPECIAL, HOT-MIX ASPHALT SURFACE COURSE, MIX"D", N70, SPECIAL or which price shall include all equipment and materials required to complete the work as described herein. BRIDGE WASHING Description: This work shall consist of sweeping and washing the existing bridge deck, joints, sidewalk, curbs, medians of all top facing superstructure members in accordance with Section 592 of the Standard Specifications and the following additions or exceptions. This work shall be performed prior to application of BRIDGE DECK CONCRETE SEALER, and the structures shall be completely free of debris at the time of final acceptance of the project. Measurement and Payment: This work will be measured for payment in accordance with Article 592.06 of the Standard Specifications and will be paid for at the contract unit price per each for BRIDGE WASHING at the location specified, which price shall include all labor, equipment, and material necessary to complete the work as specified. SAWCU T S Sawed cuts or joints will be required in conjunction with several work items, for the removal and construction of the various bituminous and concrete items involved. Saw 8 cuts shall be made at locations shown on the plans or at locations as designated by the Engineer and in accordance with applicable articles of Section 440 of the Standard Specifications as well as the Standard Details. All concrete saws used for this work shall equipped with a diamond blade of sufficient size to saw the pavement and bridge decks to the required depths shown in the plans and be capable of accurately maintaining cutting depth and alignment. To meet the contract requirements for Dust Control, all concrete and pavement saws shall be equipped with a wet kit specifically fitted to the saw to minimize airborne dust and debris. Water required to operate the saw shall be supplied by the contractor as part of the overall project requirements. Sawed joints for all removal and construction items will not be paid for separately, but the cost will be considered included in the cost for item being removed. CLEANING BRIDGE SCUPPER AND DOWNSPOUTS Description: This work shall consist of removing debris and cleaning out existing bridge deck scuppers and attached downspouts at the locations identified in the contract documents. All deck drains shall be flushed with water under pressure or vacuum. Blockages in the deck drains shall be removed so that they will drain properly. The drain system may have to be taken apart to remove large blockages. Should they be taken apart, they shall be returned to their original configuration immediately after washing. Foreign material in the scuppers at the brains shall be either removed externally or flushed down the drain. The same process shall be applied to the adjacent approach slab drains as identified in the plans. Measurement and Payment: This work will be measured for payment at the contract unit price per each for CLEANING BRIDGE SCUPPER AND DOWNSPOUTS at the locations specified, which price shall include all labor, equipment, and material necessary to complete the work as specified. MEDIAN REMOVAL AND REPLACEMENT (SPECIAL) Description. This work shall consist of removing and placing Portland cement concrete median on either existing bridge approach pavement or compacted subbase and shall be performed in accordance with Sections 311, 424 or 503 of the Standard Specifications with the following alterations. Construction Requirements. Medians shall be placed on either minimum of 4-inches of Subbase Granular Material, Type B, or existing sound bridge approach pavement as determined by the Engineer. Expansion joints shall be placed at intervals of not more than 50 feet and replaced if existing expansion joints were removed as part of this work. 9 Existing reinforcement bars shall be maintained and a minimum of four 'inches of concrete shall be removed and replaced for this work. All exposed surfaces of newly placed concrete shall be cured by the application of a curing and sealing compound in accordance with Article 420.18 of the Standard Specifications and the manufacturer's recommendations for which no additional compensation will be made. The curing and sealing compound shall be "Super Rez Seal" produced by the Euclid Chemical Company, or an approved equal. The concrete shall be cured in accordance with Article 1020.13 of the Standard Specifications. Method of Measurement. Median removal and replacement (special) wili be measured for payment in place, and the area computed in square feet. Basis of Payment. This work will be paid for at the contract unit price per square foot for MEDIAN REMOVAL AND REPLACEMMENT (SPECIAL) which price shall include all removal, disposal, required expansion joints, variable height edge treatment to match into existing grades, protective curing coat, compacted subbase granular material (if required), and required excavation. HOT-MIX ASPHALT SURFACE REMOVAL VARIABLE DEPTH Description: This work shall consist of removal of hot-mix asphalt (HMA) surfaces in preparation of subsequent resurfacing in accordance with the applicable articles of Section 440 of the Standard Specifications. The existing HMA surface to be removed is located over existing concrete bridge approach slabs and is anticipated to be variable in depth. The entire HMA surface down to the existing concrete shall be removed as part of this work. Hand methods shall be used for the removal activities immediately adjacent to the bridge deck. Saw cuts shall be made adjacent to existing pavement features to remain. Should the area be opened to traffic prior to resurfacing the bridge approach pavement, temporary bituminous ramps shall installed at either end of the rernoval areas to provide a transition for vehicular traffic Saw cutting and temporary ramps will not be measured for payment, but shall be considered included in this pay item. Method of Measurement:-This work will be measured for payment in accordance with Article 440.07 of the Standard Specifications regardless of the actual depth of removal at the contract unit price per square yard of HOT-MIX ASPHALT SURFACE REMOVAL, VARIABLE DEPTH, which shall include saw cutting, temporary ramps, removal of temporary ramps and all labor and equipment necessary to complete the above work. Basis of Payment:-This work will be paid for at the contract unit price per square yard for HOT-MIX ASPHALT SURFACE REMOVAL, VARIABLE DEPTH, which price shall include all labor, equipment; and material necessary to complete the work as specified. 10 BRIDGE DECK CONCRETE SEALER Description: This work shall consist of furnishing and applying a thin penetrating concrete sealer to the bridge deck as shown in the plans. Materials: All materials shall be Dayton Superior Bridge Seal 75°%o Penetrating Epoxy Healer Sealer for use on bridge decks. Construction Requirements: The Contractor shall be required to follow the application rates and requirements set forth by the manufacturer as outlined by the manufacturer's Technical Data Sheets. The existing deck surface shall be swept clean and power washed to remove loose debris. The deck shall be allowed to sufficiently dry in accordance with manufacturer specification prior to application of sealant and clean, oil free, compressed air shall be used to blow out any dust or debris prior to installation. Ample cure time shall be allowed prior application of pavement marking or opening the lanes to traffic. The contractor shall take necessary precautions to avoid the sealer material from entering the bridge scuppers or other stormwater drains as well as leaking through existing bridge joints. Method of Measurement: The area of bridge deck sealer will be measured in square yards of horizontal deck area of the roadway driving surfaces, completed and accepted. Basis of Payment: This work will be paid for at the contract unit price per square yard for BRIDGE DECK CONCRETE SEALER, which price shall include all labor, equipment, and material necessary to complete the work as specified.. APPROACH SLAB REPAIR (PARTIAL) Description: This work shall consist of the partial removal and replacement of deteriorated concrete at locations as identified by the field engineer in accordance with Guide Bridge Special Provision No. 28. Method of Measurement: Approach slab patching will be measured for payment in place, and the area computed in square yards. Basis of Payment: This work will be paid for at the contract unit price per square yard for APPROACH SLAB REPAIR (PARTIAL) which .price shall include all labor, equipment, and material necessary to complete the work as specified, removal and disposal of existing material, joint material, and joint sealing, DECK SLAB REPAIR (PARTIAL) Description: This work shall consist of the partial removal and replacement of deteriorated concrete at locations on the bridge deck as identified by the field engineer in accordance with Guide Bridge Special Provision No. 28. 11 Materials: All concrete patching materials shall be Dayton Superior Civil/Structural FPX Farris & Pour En ended%epair Mortar for use on bridge decks. Construction Requirements: The Contractor shall be required to follow the requirements set forth by the manufacturer as outlined by the Technical Data Sheets. Chipping hammers heavier than 15 lb. class shall not be used for removing existing asphalt patches and deteriorated concrete from below any reinforcing bars for partial depth repairs. Prior to the placement of Patching materials; the entire removal area shall be flooded with Bridge Deck Concrete Sealer as specified above and allowed to cure_ Method of Measurement: Approach slab patching will be measured for payment in place, and the area computed in square yards. Basis of Payment: This work will be paid for at the contract unit price per square yard for DECK SLAB REPAIR (PARTIAL) which price shall include all labor, equipment, and material necessary to complete the work as specified, removal and disposal of existing material, joint material, and joint sealing, TRAFFIC CONTROL AND PROTECTION The Traffic Control and Protection shall meet the requirements of Article 701, Work Zone Traffic Control and Article 702, Work Zone Traffic Control Devices of the Standard Specifications for Road and Bridge Construction adopted January 1, 2007. 701.01 Description" shall be replaced with the following: 701.01 Description This item of work shall include furnishing, installing, maintaining, replacing, relocating and removing all traffic control devices used for the purpose of regulating, warning or directing traffic during the construction or maintenance of this improvement. Traffic Control and Protection shall be provided as called for in the Plans, these Special Provisions, applicable Highway Standards, applicable sections of the Standard Specifications, or as directed by the Engineer. The governing factor in the execution and staging of work for this project is to provide the motoring public with the safest possible travel conditions along the roadway through the construction zone. The Contractor shall arrange his operations to keep the closing of any lane of the roadway to a mini.Mum. Traffic Control Devices include signs and their supports, signals, pavement markings, barricades with sand bags, channelized devices, warning lights, arrow boards: naggers, 12 or any other device used for the purpose of regulating, detouring, warning or guiding traffic through or around the construction zone. 701.04 General," section "(b)" paragraph 4 shall be replaced with the following: The Contractor is required to conduct routine inspections of the work site at a frequency that will allow for the timely replacement of any traffic control device that has become displaced, wom or damaged to the extent that it no longer conforms to the shape, dimensions, color and operational requirements of the MUTCD, the Traffic Control Standards or will no longer present a neat appearance to motorists. A sufficient quantity of replacement devices, based on vulnerability to damage, shall be readily available to meet this requirement. The Contractor shall be responsible for the proper location, installation and arrangement of all traffic control devices. Special attention shall be given to advance warning signs during construction operations in order to keep lane assignments consistent with barricade placement at all times. The Contractor shall immediately remove, cover or turn from view of the motorists all traffic control devices which are inconsistent with detour or lane assignment patterns and conflicting conditions during the transition from one construction stage to another. When the Contractor elects to cover conflicting or inappropriate signing, materials used shall totally block out reflectivity of the sign and shall cover the entire sign. The method used for covering the signing shall meet with the approval of the Engineer. The Contractor shall coordinate all traffic control work on this project with adjoining or overlapping projects, including barricade placement necessary to provide a uniform traffic detour pattern. When directed by the Engineer, the Contractor shall remove all traffic control devices which were furnished, installed and maintained by him under this contract, and such devices shall remain the property of the Contractor. All traffic control devices shall remain in place until specific authorization for relocation or removal is received from the Engineer. The Contractor shall ensure that all traffic control devices installed by him are operational, functional and effective 24-hours a day, including Sundays and holidays. 701.04 General" shall be modified by adding the following section: (G) PUBLIC SAFETY AND CONVENIENCE: The Contractor shall provide a telephone number where a responsible individual can be contacted on a 24-hour a day basis to receive notification of any deficiencies regarding traffic control and protection. The Contractor shall dispatch men, materials, and equipment to correct any such deficiencies. The Contractor shall respond to any call from the Village or its representative concerning any request for improving or correcting traffic control devices and begin making the requested repairs within two hours from the time of notification. 13 Personal vehicles shall not park within the right-of-way except in specific areas designated by the Engineer. All roads shall remain open to traffic, the Contractor, may close one lane due to construction only between the hours of 9:00 a.m. and 3:00 p.m. on two lane roads, and shall maintain at least one lane in each direction on four or more lane roads, during the construction of this project. The Contractor shall also maintain entrances and side roads along the proposed improvement. Interference with traffic movements and inconvenience to owners of abutting property and the public shall be kept to a minimum. Any delays or inconveniences caused by the Contractor by complying with these requirements shall be considered as incidental to the contract, and no additional compensation will be allowed. On two lane roads, the Contractor is to plan his work so that there will be no open holes in the pavement and that all barricades will be removed from the pavement during non- work hours. On four or more lane highways, there shall be no open holes in the pavement being used by the traveling public. Lane closures, if allowed, will be in accordance with the applicable standards, any staging details shown in the plans and other applicable contract documents. The Contractor shall remove all equipment from the shoulders and medians after work hours. No road closures or restrictions shall be permitted except those covered by Standard Designs without written approval by the Engineer. "701.04 General" shall be modified by adding the following section: (H) DEFICIENCY CHARGE. The primary concern of the Village is to maintain a safe travel way for the public and a safe environment for the worker in the construction zone. The Contractor is expected to comply with the Standard Specifications, contract plans, these Special Provisions, and directions from the Engineer concerning traffic control protection. The Contractor shall provide a telephone number where a responsible individual can be contacted on a 24- hour a day basis to receive notification of any deficiencies regarding traffic control and protection. The Contractor shall immediately respond correcting traffic control deficiencies by dispatching men, materials and equipment to correct such deficiencies. If the Contractor fails to begin corrections to the traffic control deficiencies within two (2) hours of the initial attempt of notification by the Village or its representative or fails to restore the traffic control and protection compliance with the specifications within eight (8) hours of the original attempt of notification, the Engineer may execute such work as deemed necessary to correct the deficiencies. The cost thereof shall be deducted from monies due or which may be due the Contractor, 14 Failure to comply with directions from the Engineer for corrections or modifications to the traffic control and protection will result in a charge of $500.00 per calendar day. This charge is separate from the cost of any corrective work ordered. The contractor shall not be relieved of any contractual responsibilities by the Village's action. 701.07 Method of Measurement" is replaced in its entirety by the following: 701.07 METHOD OF MEASUREMENT These items of work will be measured on a lump sum basis for furnishing, installing, maintaining, replacing, relocating and removing the traffic control devices required in the Plans and these Special Provisions. "701.08 Basis of Payment" is replaced in its entirety by the following: 701.08 BASIS OF PAYMENT This work will be paid for at the contract lump sum price for TRAFFIC CONTROL AND PROTECTION, (SPECIAL) which shall be payment in full for all labor, materials, transportation, and incidentals necessary to furnish, install, maintain, replace, relocate and remove all traffic control devices indicated in the Plans and Specifications. All work associated with the coordination, set up and removal of lane closures upon Illinois Tollway facilities (East-West Tollway or East-West Tollway connector) wil be paid for at the contract lump sum price for MAINTENANCE OF TRAFCIC, DAILY SHOULDER CLOSURE, STANDARD E-3 and at the contract lump sum price for MAINTENANCE OF TRAFFIC, DAILY LANE CLOSURE, STANDARD E-2, which shall be payment in full for all labor, materials, transportation, and incidentals necessary to furnish, install, maintain, replace, relocate and remove all traffic control devices indicated as required to perform the work in accordance with the Illinois Tollway regulations. The salvage value of the materials removed shall be reflected in the bid price for this item. Delays to the Contractor caused by complying with these requirements will be considered incidental to the item for Traffic Control and Protection, and no additional compensation will be allowed. If the Engineer, shall require additional traffic control to be installed in accordance with standards and/or designs other that those included in the Plans. The standards and/or designs will be made available to the Contractor at least one week in advance of the change in traffic control. Payment for any additional traffic control required will be in accordance with Article 109.04 of the Standard Specifications_ Revisions in the phasing of construction or maintenance operations, requested by the Contractor, may require traffic control to be installed in accordance with standards and/or designs other than those included in the plans. Revisions or modifications to the traffic control shown on 15 the contract shall be submitted by the Contractor for approval by the Engineer. No additional payment will be made for a Contractor requested modification. In the event the sum total value of all work items for which traffic control and protection is required is increased or decreased by more than ten percent (10%0), the contract bid price for Traffic Control and Protection will be adjusted as follows. Adjusted contract price = .25P + .75P [1±(X-0.1] Where "P" is the contract price for Traffic Control and Protection Difference between original and final sum total value of all work items for which traffic Where "X"= control and protection is required. Original sure total value of all work for which traffic control and protection is required. The value of the work items used in calculating the increase and decrease will include only items which have been added to or deducted from the contract under Article 104.02 of the Standard Specifications and only items which require use of Traffic Control and Protection. In the event the Department cancels or alters any portion of the contract which results in elimination or noncompletion of any portion of the work, payment for partially completed work will be made in accordance with Article 104.02 of the Standard Specifications. "702.03 Channeling Devices" section "(b)", paragraph 1 shall be replaced with the following: (b) Barricades Type 1 and Type 1A Barricades are intended for use on lower speed roads and shall not be used where the normal posted speed limit is 45 m.p.h. or greater. The normal posted speed limit for construction area is 40 rn.p.h. Type 1 and Type 2 Barricades shall not be intermixed within an individual string of barricades. Type 3 Barricades shall be used for road and lane closures and shall not be used for channelization or delineation. Any drop off greater than 75 mm (three inches), but less than 150 mm (six inches), within 2.5 m (eight feet) of the pavement edge shall be protected by Type 1 or 2 barricades equipped with mono-directional steady burn lights at 30 m (100 foot) center to center spacing. If the drop off within 2.5 m (eight feet) of the pavement edge exceeds 150 mm (six inches), the barricades mentioned above shall be paced at 15'm (50 foot) center to center spacing. Barricades that must be placed in excavated areas shall have a leg extension installed such that the top of the barricade is in compliance with the height requirements of Standard 702001-05. 16 All Type 1 and Type 2 barricades, shall be equipped with a steady bum light when used during hours of darkness unless otherwise stated herein. Check barricades shall be placed in work areas perpendicular to traffic every 300 m (1,000 feet),, one per lane and per shoulder, to prevent motorists from using work areas as a traveled way. Two additional check barricades shall be placed in advance of each patch excavation or any other hazard in the work area, the first at the edge of the open traffic lane and the second centered in the closed lane. Check barricades shall be Type 1 or 2 and equipped with a flashing light. "702.03 Channeling Devices„ section "(c)"Vertical Panels, add the following: All vertical panels shall be equipped with a steady burn light when used during the hours of darkness unless otherwise stated herein or in the Plans. "702.05 Signs" section "(a)" add as paragraph 7: Construction signs referring to daytime lane closures during working hours shall be removed, covered, or turned away from the view of the motorists during non-working hours. Solar Powered Portable Chancjeable Message Signs Portable changeable message signs shall be furnished, placed, and maintained in accordance with Article 701.150) of the Standard Specifications and as directed by the Engineer. The signs shall be placed at the locations selected by the Engineer. The signs shall remain in place and operational until such time that the Engineer determines that the signs can be removed. The message for the signs will be provided by the Engineer. The Contractor shall inspect the signs by 8:00 a.m. each day to ensure that the signs are fully operational and in proper working order. All portable changeable message signs to be used on this project shall be solar powered. Any additional cost in meeting this requirement shall be included in the contract unit price per calendar day for CHANGEABLE MESSAGE SIGN, SPECIAL and no additional compensation will be allowed. Furnishing, placing, inspecting, maintaining, and removing the portable changeable message signs shall be included in the contract unit price per calendar day for CHANGEABLE MESSAGE SIGN,SPECIAL and no additional compensation will be allowed. Solar Powered Arrow Boards Arrow boards shall be used in advance, of all lane closures, without exception. All arrow boards to be used on this project shall be solar powered. Any additional cost in meeting this requirement shall be included in the contract lump sum price for TRAFFIC CONTROL AND PROTECTION, (SPECIAL), and no additional compensation will be allowed. Pedestrian Sidewalk Control 17 The Contractor shall install, maintain, and remove necessary signs and barricades needed to direct pedestrians to usable sidewalks and walkways during the construction in accordance with highway standard 701801, and as directed by the Engineer. At each point of closure, a sufficient number of barricades shall be used to compietely close the sidewalk to pedestrian movement. Where construction activities involve sidewalks on both sides of the street, the work shall be staged so that both are not out of service at the same time_ TRAFFIC CONTROL PLAN Traffic Control shall be according to the applicable sections of the Standard Specifications, the Supplemental Specifications, the "Illinois Manual on Uniform Traffic Control Devices for Streets and Highways", any special details and Highway Standards contained in the plans, and the Special Provisions contained herein. Special attention is called to Article 107.09 of the Standard Specifications and the following Highway Standards, Details, Quality Standard for `,Mork Zone Traffic Control Devices, Recurring Special Provisions and Special Provisions contained herein, relating to traffic control. SPECIAL PROVISIONS: Sec 701 Work Zone Traffic Control and Protection Sec 1106 Work Zone Traffic Control Devices Check Sheet LRS 3 Work Zone Traffic Control Check Sheet LRS 4 Flaggers in Work Zones STANDARDS- 701201-04 Lane Closure, 2L, 2W, Day Only 701301-04 Lane Closure, 2L, 2W, Short Time Operations 701602-07 Urban Lane Closure, Multilane, 2W with Bidirectional Left turn Lane 701606-10 Urban Lane Closure, Multilane, 2W with Mountable Median STANDARDS: 701801-05 Lane Closure, Multilane 1 Vv or 2W Crosswalk or Sidewalk Closure 701901-04 Traffic Control Devices DETAILS: Illinois Department of Transportation TC 10- Traffic Control and Protection for Side Roads, Intersections, and Driveways TC i,3- 'District One Typical Pavement Markings Illinois Tollway E1- Construction Signs 18 E2- Lane Closure Details E3- Shoulder Closure Details 19 VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF 2015 BRIDGE IMPROVEMENTS PROJECT ATTACHMENT C LIST OF DRAWINGS DATE LAST SHEET NOS. SHEET TITLES REVISED 1. Cover 02/23/15 2. General Notes and Summary of Quantities 02/23/15 3. York Rd. Over E-W Tollway- General Plan 02/23/15 4. York Rd. Over E-W Tollway- Deck Repair Staging 02/23/15 5. York Rd. Over E-W Tollway- Deck Repair 02/23/15 6. York Rd. Over E-W Tollway- Approach Pavement 02/23/15 7. York Rd. Over E-W Connector- General Plan 02/23/15 8. York Rd. Over E-W Connector- Deck Repair Staging 02/23/15 9. York Rd. Over E-W Connector- Deck Repair 02/23/15 10. York Rd. Over E-W Connector- Approach Pavement 02/23/15 11. Windsor Dr. Over E-W Connector- General Plan 02/23/15 12. Windsor Dr. Over E-V7 Connector- Deck Repair Staging 02/23/15 13. Windsor Dr. Over E-W Connector- Deck Repair 02/23/15 -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF 2015 BRIDGE IMPROVEMENTS PROJECT ATTACHMENT D SPECIAL PROJECT REQUIREMENTS 1. The Contractor shall provide the owner with a critical path based project schedule that shall be updated weekly as construction activities progress. 2. In addition to the requirements set forth in Section 1.12 of the Contract, a written fist of all subcontractors to be used on the project as well as major material suppliers shall be provided to the Owner at the project kick-off meeting prior to commencing construction work activities. The provision of the written list to Owner shall not be deemed to constitute acceptance by Owner of subcontractors or material suppliers by the Village. 3. The General Contractor shall provide a 24-hour emergency contact number for maintenance of traffic activities within the project limits. 4. Three (3) copies of all material certifications / documentation / manufacturer / mix design data shall be supplied to the Owner prior to installing or applying any item and said submittals shall be a condition of authorization for payment. 5. The contraction shall submit his/her construction operation plans and design for the installation and removal of protective shielding. VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF 2015 BRIDGE IMPROVEMENTS PROJECT ATTACHMENT E SCHEDULE OF PRICES r Project Name: 2015 Bridge Improvements Project Village of yak Brack Name of Bidder: Industria, Inc. Address: 2856 North Campbell Chicago, IL 60618 Phone Number If Fax Number: (773) 697-0190 EMAIL Address:. (773) 697-0191 Attachment E- SCHEDULE OF PRICES CODE NO ITEM UNIT QUANTITY UNIT PRICE TOTAL COST 40603340 HOT-MIX ASPHALT SURFACE COURSE,MIX'D",N70 TON 628 385.00 24,178.00 50157300 PROTECTIVE SHIELD SO YD 35.0 200.00 7,000.00 59200101 BRIDGE WASHING NO. 1 EACH 1 10,000.00 10,000.00 59200102 BRIDGE WASHING NO 2 EACH 1 10,000.00 10,000.00 59200103 BRIDGE WASHING NO.3 EACH i 10,000.00 10,000.00 78001110 PAINT PAVEMENT MARKING-LINE 4" FOOT 3,869 1 .05 4,062.45 X0322194 POLYMER MODIFIED PORTLAND CEMENT MORTAR SO FT 50 200.00 10,000.00 X0322215 CLEANING BRIDGE SCUPPERS AND DOWNSPOUTS EACH 35 200.00 7,000.00 X4401198 HMA SURFACE REMOVAL.VARIABLE DEPTH SO YD 558.0 29.00 8,400.00 X4403700 MEDIAN REMOVAL AND REPLACMENT(SPECIAL) SO FT 140 00.00 8,400.00 X5870015 BRIDGE DECK CONCRETE SEALER, SO FT 41.863 2.50 104,657.50 X7010216 TRAFFIC CONTROL AND PROTECTION(SPECIAL) L SUM 1.00 80,050.00 80,050.00 X7010237 CHANGEABLE MESSAGE SIGN,SPECIAL CA DA 28 75.00 2,100.00 20001800 APPROA CH SLAB REPAIR(PARTIAL,) SO YD 55.0 280.00 15,400.00 Z40 16200 DECK SLAB REPAIR(PARTIAL) SO YD 75,0 325.00 24,375.0 {T701016 MOT,DAILY SHOULDER CLOSURE.STANDARD E-3 L SUM 1 00.00 940.00 2015 Bridge Improvements Program Page 1 of 2 Project Name: Village of teak Brook 2015 Bridge Improvements Project Attachment E- SCHEDULE OF PRICES- cone. CODE NO ITEM UNIT QUANTITY UNIT?RICE TOTAL COST 1vL; SOT GA'sLY ONE: sit C�3SUI STANErF�f?G E2 SUNf 2,1 00.00 2,1 00.00 TOTAL BID AMOUNT IN NUMBERS:336,404.95 TOTAL BID AMOUNT IN WORDS: Three Hundred Thirty Six Thousand Four Hundred and Four Dollars and 95/100 2015 5ndge Improvements Program Page 2 of 2 VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF 2015 BRIDGE IMPROVEMENTS PROJECT APPENDIX 1 AN ORDINANCE ADOPTING THE PREVAILING WAGE STANDARDS FOR THE VILLAGE OF OAK BROOK, ILLINOIS WHEREAS, the State of Illinois has enacted the "Prevailing Wage Act," 820 ILCS 130/1 et seq. (the"Act"); and WHEREAS, the Act requires that the Village of Oak Brook investigate and ascertain the prevailing rate of wages as defined in the Act for laborers, mechanics and other workers in the locality of the Village employed in performing construction of public works for the Village. NOW, THEREFORE, be it ordained by the President and Board of Trustees of the Village of Oak Brook, Cook County and DuPage County, Illinois, as follows: SECTION 1: To the extent and as required by the Act, the general prevailing rates of wages in this locality for laborers, mechanics and other workers engaged in construction of public works coming under the jurisdiction of the Village and being performed in that part of the Village located within Cook County is hereby ascertained to be the same as the prevailing rates of wages for construction work in the Cook County area, as determined by the Department of Labor of the State of Illinois as of June of the current year(See Exhibit"A"). SECTION 2: To the extent and as required by the Act, the general prevailing rates of wages in this locality for laborers, mechanics and other workers engaged in construction of public works coming under the jurisdiction of the Village and being performed in that part of the Village located within DuPage County is hereby ascertained to be the same as the prevailing rates of wages for construction work in the DuPage County area, as determined by the Department of Labor of the State of Illinois as of June of the current year(See Exhibit"B"). SECTION 3: As required by the Act, any and all revisions of the prevailing rates of wages by the Department of Labor of the State of Illinois shall supersede the Department's June construction undertaken by the Village. The definition of any terms appearing in the ordinance which area also used in the Act shall be the same as in the Act. APPENDIX 1 SECTION 4: Nothing herein contained shall be construed to apply said general prevailing rates of wages as herein ascertained to any work or employment except public works construction undertaken by the Village to the extent required by the Act. SECTION 5: The Village Clerk shall publicly post this determination or any revisions of such prevailing rates of wages, and keep it available for inspection at the Village Hall by any interested party. A copy of the determination or of the currently revised determination of the prevailing rates of wages then in effect shall be attached to all contract specifications. SECTION 6: The Village Clerk shall mail a copy of this determination to any employer and to any association of employers and to any person or association of employees who have filed their names and addresses and have requested copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates. SECTION 7: The Village Clerk shall promptly file a certified copy of this ordinance with the Honorable Jesse White, Secretary of State of Illinois, Index Department, 111 East Monroe Street, Springfield, IL 62706 and with the Illinois Department of Labor, Fair Labor Standards Division, One West Old State Capitol Plaza, Room 300, Springfield, IL 62701. SECTION 8: Within thirty (30) days after the filing with the Secretary of State, the Village Clerk shall cause a notice to be published in a newspaper of general circulation within the Village stating: THE VILLAGE OF OAK BROOK. ILLINOIS PUBLIC NOTICE OF ADOPTION OF PREVAILING WAGE STANDARDS PLEASE TAKE NOTICE that on June 10, 2014, the President and Board of Trustees of the Village of Oak Brook, Illinois, adopted Ordinance 2014-PW-WPA-EX2-S-1401 determining prevailing wages pursuant to 820 ILCS 13/1 et seq., which determination is now effective. (Date of Publication) Published by Order of the President and Board of Trustees of the Village of Oak Brook. Charlotte K. Pruss Village Clerk APPENDIX 1 SECTION 9: If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance. SECTION 10: All ordinances in conflict herewith are repealed to the extent of such conflict. SECTION 11: This ordinance shall be in full force and effect from and after its passage, approval and publication as provided bylaw. APPROVED THIS 10th day of June, 2014, Gopal G. Lalmalani Village President PASSED THIS 10th day of June, 2014. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk STATE OF ILLINOIS ) ) SS COUNTY OF DUPAGE ) CERTIFICATION I, Charlotte Pruss, DO HEREBY CERTIFY that I am the duly qualified and elected Clerk of the Village of Oak Brook, Illinois, and that as such Clerk I do have charge of and custody of the books and records of the Village of Oak Brook, Illinois. I DO HEREBY FURTHER CERTIFY that the foregoing is a full, true and correct copy of Ordinance 2014-PW-WPA-EX2-S-1401, "AN ORDINANCE ADOPTING THE PREVAILING WAGE STANDARDS IN THE VILLAGE OF OAK BROOK, ILLINOIS," adopted and approved by the President and Board of Trustees of the Village of Oak Brook, Illinois on June 10, 2014. IN WITNESS WHEREOF, I have hereunto affixed my hand and the Corporate Seal of the Village of Oak Brook, Illinois this 10th day of June, 2014. APPENDIX 1 Charlotte K. Pruss, Village Clerk SEAL Village of Oak Brook, Illinois EXHIBIT A Cook County Prevailing Wage for June 2014 (See explanation of column headings at bottom of wages) Trade Name RG TYP C Base FRMAN M-F>8 OSA OSH H/W Pensn Vac Trng ASBESTOS ABT-GEN ALL 37.100 37 . 600 1. 5 1.5 2.0 13.38 9.520 0. 000 0.500 ASBESTOS ABT-MEC BLD 35. 100 37. 600 1. 5 1.5 2. 0 11. 17 10. 76 0. 000 0.720 BOILERMAKER BLD 44 .240 48 . 220 2. 0 2. 0 2. 0 6. 970 17.54 0. 000 0.350 BRICK MASON BLD 41.580 45. 740 1.5 1. 5 2. 0 9. 700 12. 80 0. 000 1. 040 CARPENTER ALL 42. 520 44 . 520 1. 5 1. 5 2. 0 13.29 12. 75 0. 000 0. 630 CEMENT MASON ALL 42.350 44 . 350 2. 0 1.5 2. 0 12. 16 12. 35 0. 000 0. 430 CERAMIC TILE FLASHER BLD 34 . 810 0. 000 2. 0 1. 5 2. 0 10.20 7.830 0. 000 0. 640 COMM. ELECT. BLD 38. 000 40. 800 1. 5 1.5 2. 0 8 . 420 11.30 1. 100 0. 700 ELECTRIC PWR EQMT OP ALL 44 . 850 49. 850 1. 5 1. 5 2. 0 10. 63 14 .23 0. 000 0. 450 ELECTRIC PWR GRNDMAN ALL 34 . 980 49. 850 1.5 1 . 5 2. 0 8.290 11. 10 0. 000 0.350 ELECTRIC PWR LINEMAN ALL 44 . 850 49.850 1.5 1. 5 2. 0 10. 63 14 .23 0. 000 0. 450 ELECTRICIAN ALL 43. 000 46. 000 1.5 1.5 2. 0 12. 83 14.27 0. 000 0. 750 ELEVATOR CONSTRUCTOR BLD 49. 900 56. 140 2. 0 2. 0 2. 0 12.73 13.46 3. 990 0. 600 FENCE ERECTOR ALL 34 . 840 36. 840 1.5 1. 5 2. 0 12. 86 10. 67 0. 000 0. 300 GLAZIER BLD 40. 000 41. 500 1. 5 2. 0 2. 0 12. 49 15. 99 0. 000 0. 940 HT/FROST INSULATOR BLD 46. 950 49.450 1. 5 1.5 2. 0 11. 17 11. 96 0. 000 0. 720 IRON WORKER ALL 42. 070 44 . 070 2. 0 2.0 2. 0 13. 45 19. 59 0. 000 0.350 LABORER ALL 37. 000 37.750 1. 5 1 .5 2. 0 13.38 9. 520 0. 000 0. 500 LATHER ALL 42. 520 44 .520 1. 5 1. 5 2. 0 13.29 12.75 0. 000 0. 630 MACHINIST BLD 43. 920 46. 420 1 . 5 1. 5 2. 0 6. 760 8. 950 1. 850 0. 000 APPENDIX 1 MARBLE FINISHERS ALL 30.520 0. 000 1.5 1. 5 2. 0 9.700 12.55 0. 000 0.590 MARBLE MASON BLD 40.780 44 . 860 1.5 1.5 2. 0 9. 700 12.71 0. 000 0.740 MATERIAL TESTER I ALL 27. 000 0. 000 1.5 1. 5 2. 0 13. 38 9. 520 0. 000 0.500 MATERIALS TESTER II ALL 32. 000 0. 000 1. 5 1. 5 2. 0 13. 38 9. 520 0. 000 0.500 MILLWRIGHT ALL 42. 520 44 . 520 1.5 1.5 2. 0 13.29 12. 75 0. 000 0. 630 OPERATING ENGINEER BLD 1 46. 100 50.100 2. 0 2. 0 2. 0 16. 60 11. 05 1. 900 1.250 OPERATING ENGINEER BLD 2 44 . 800 50.100 2. 0 2. 0 2. 0 16. 60 11. 05 1. 900 1.250 OPERATING ENGINEER BLD 3 42.250 50. 100 2.0 2. 0 2.0 16. 60 11. 05 1. 900 1.250 OPERATING ENGINEER BLD 4 40. 500 50.100 2.0 2. 0 2. 0 16. 60 11.05 1. 900 1.250 OPERATING ENGINEER BLD 5 49. 850 50.100 2. 0 2. 0 2. 0 16. 60 11.05 1 . 900 1. 250 OPERATING ENGINEER BLD 6 47 . 100 50.100 2. 0 2. 0 2. 0 16. 60 11. 05 1. 900 1.250 OPERATING ENGINEER BLD 7 49. 100 50.100 2. 0 2. 0 2.0 16. 60 11. 05 1. 900 1.250 OPERATING ENGINEER FLT 1 51.300 51.300 1.5 1.5 2 . 0 15.70 10.55 1 . 900 1.250 OPERATING ENGINEER FLT 2 49. 800 51.300 1.5 1.5 2. 0 15. 70 10.55 1. 900 1. 250 OPERATING ENGINEER FLT 3 44 .350 51.300 1.5 1. 5 2 . 0 15.70 10.55 1. 900 1.250 OPERATING ENGINEER FLT 4 36. 850 51.300 1. 5 1. 5 2. 0 15.70 10.55 1. 900 1.250 OPERATING ENGINEER FLT 5 52. 800 51.300 1. 5 1. 5 2. 0 15.70 10.55 1 . 900 1.250 OPERATING ENGINEER HWY 1 44 . 300 48 .300 1. 5 1. 5 2 . 0 16. 60 11. 05 1. 900 1.250 OPERATING ENGINEER HWY 2 43.750 48. 300 1. 5 1.5 2. 0 16. 60 11. 05 1. 900 1.250 OPERATING ENGINEER HWY 3 41.700 48.300 1. 5 1.5 2. 0 16. 60 11. 05 1 . 900 1.250 OPERATING ENGINEER HWY 4 40. 300 48.300 1. 5 1.5 2. 0 16. 60 11. 05 1. 900 1.250 OPERATING ENGINEER HWY 5 39. 100 48.300 1. 5 1. 5 2. 0 16. 60 11. 05 1. 900 1.250 OPERATING ENGINEER HWY 6 47 . 300 48 .300 1.5 1. 5 2. 0 16. 60 11. 05 1. 900 1.250 OPERATING ENGINEER HWY 7 45. 300 48.300 1.5 1 . 5 2. 0 16. 60 11. 05 1. 900 1.250 ORNAMNTL IRON WORKER ALL 42. 900 45. 400 2 . 0 2. 0 2 . 0 13. 11 16. 40 0. 000 0. 600 PAINTER ALL 40.750 45. 500 1.5 1.5 1. 5 10. 75 11. 10 0. 000 0.770 PAINTER SIGNS BLD 33. 920 38. 090 1.5 1.5 1 . 5 2. 600 2.710 0. 000 0. 000 PILEDRIVER ALL 42.520 44 . 520 1. 5 1. 5 2. 0 13.29 12.75 0. 000 0. 630 APPENDIX 1 PIPEFITTER BLD 46. 000 49. 000 1.5 1.5 2. 0 9. 000 15. 85 0.000 1. 680 PLASTERER BLD 41.250 43. 730 1. 5 1.5 2. 0 11.10 11. 69 0. 000 0.550 PLUMBER BLD 46. 050 48. 050 1.5 1.5 2. 0 12.53 10. 06 0. 000 0.880 ROOFER BLD 39.200 42.200 1. 5 1.5 2. 0 8.280 9. 690 0. 000 0. 430 SHEETMETAL WORKER BLD 41.210 44 . 510 1. 5 1.5 2. 0 10.48 19. 41 0.000 0. 660 SIGN HANGER BLD 30.210 30. 710 1.5 1.5 2. 0 4.850 3. 030 0. 000 0. 000 SPRINKLER FITTER BLD 49.200 51.200 1.5 1.5 2. 0 10. 75 8. 850 0. 000 0. 450 STEEL ERECTOR ALL 42. 070 44. 070 2. 0 2. 0 2. 0 13. 45 19.59 0. 000 0. 350 STONE MASON BLD 41.580 45. 740 1.5 1.5 2. 0 9.700 12. 80 0. 000 1. 040 S; -> NOT IN EFFECT 37 . 000 37. 750 1. 5 1.5 2. 0 12. 97 9. 930 0. 000 0.500 TERRAZZO FINISHER BLD 36. 040 0. 000 1.5 1. 5 2. 0 10.20 9. 900 0. 000 0. 540 TERRAZZO MASON BLD 39. 880 42. 880 1.5 1. 5 2. 0 10.20 11.25 0. 000 0. 700 TILE MASON BLD 41. 840 45. 840 2. 0 1.5 2. 0 10.20 9.560 0. 000 0. 880 TRAFFIC SAFETY WRKR HWY 28.250 29.850 1.5 1.5 2. 0 4 . 896 4 . 175 0.000 0. 000 TRUCK DRIVER E ALL 1 33. 850 34 . 500 1.5 1.5 2. 0 8. 150 8.500 0. 000 0. 150 TRUCK DRIVER E ALL 2 34 .100 34 . 500 1. 5 1.5 2. 0 8. 150 8.500 0. 000 0. 150 TRUCK DRIVER E ALL 3 34 .300 34. 500 1.5 1.5 2. 0 8. 150 8.500 0. 000 0. 150 TRUCK DRIVER E ALL 4 34 .500 34 . 500 1.5 1.5 2. 0 8. 150 8.500 0. 000 0. 150 TRUCK DRIVER W ALL 1 32. 550 33. 100 1. 5 1. 5 2. 0 6. 500 4 . 350 0. 000 0. 000 TRUCK DRIVER W ALL 2 32 .700 33. 100 1. 5 1. 5 2. 0 6. 500 4.350 0. 000 0. 000 TRUCK DRIVER W ALL 3 32. 900 33. 100 1. 5 1. 5 2. 0 6. 500 4 .350 0. 000 0. 000 TRUCK DRIVER W ALL 4 33.100 33. 100 1 . 5 1. 5 2. 0 6. 500 4. 350 0. 000 0. 000 TUCKPOTNTER BLD 41 . 950 42. 950 1. 5 1. 5 2. 0 8. 180 11. 78 0. 000 0. 630 Legend: RG (Region) TYP (Trade Type - All,Highway,Building,Floating,0i1 & Chip,P.ivers) C (Class) Base (Base Wage Rate) FRMAN (Foreman Rate) N-F>8 (OT required for any hour greater than B worked each day, Mon through Fri. OSA (Overtime (OT) is required for every hour worked on Saturday) OSH (Overtime is required for every hour worked on Sunday and Holidays) H/W (Health & Welfare Insurance) Pensn (Pension) Vac (Vacation) Trng (Training) APPENDIX 1 Explanations COOK COUNTY The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day in some classifications/counties. Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration. If in doubt, please check with IDOL. TRUCK DRIVERS (WEST) - That part of the county West of Barrington Road. EXPLANATION OF CLASSES ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous materials from any place in a building, including mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials/mold and hazardous materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the mechanical systems are to remain. CERAMIC TILE FINISHER The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products; all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all substitute materials, for tile made in tile-like units; all mixtures in tile like form of cement, metals, and other materials that are for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings, swimming pools, and all other places where tile is to form a finished interior or exterior. The mixing of all setting mortars including but not limited to thin-set mortars, epoxies, wall mud, and any other sand and cement mixtures or adhesives when used in the preparation, installation, repair, or maintenance of file and/or similar materials. The handling and unloading of all sand, cement, lime, tile, fixtures, equipment, adhesives, or any other materials to be used in the preparation, installation, repair, or maintenance of tile and/or similar materials. Ceramic Tile Finishers shall fill all joints and voids regardless of method on all tile work, particularly and especially after installation of said tile work. Application of any and all protective coverings to all types of tile installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings, plywood, masonite, cardboard, and any new type of products that may be used to protect tile installations, Blastrac equipment, and all floor scarifying equipment APPENDIX I used in preparing floors to receive tile. The clean up and removal of all waste and materials. All demolition of existing tile floors and walls to be re-tiled. COMMUNICATIONS ELECTRICIAN Installation, operation, inspection, maintenance, repair and service of radio, television, recording, voice sound vision production and reproduction, telephone and telephone interconnect, facsimile, data apparatus, coaxial, fibre optic and wireless equipment, appliances and systems used for the transmission and reception of signals of any nature, business, domestic, commercial, education, entertainment, and residential purposes, including but not limited to, communication and telephone, electronic and sound equipment, fibre optic and data communication systems, and the performance of any task directly related to such installation or service whether at new or existing sites, such tasks to include the placing of wire and cable and electrical power conduit or other raceway work within the equipment room and pulling wire and/or cable through conduit and the installation of any incidental conduit, such that the employees covered hereby can complete any job in full. MARBLE FINISHER Loading and unloading trucks, distribution of all materials (all store, sand, etc. ) , stocking of floors with material, performing all rigging for heavy work, the handling of all material that may be needed for the installation of such materials, building of scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble, holding water on diamond or Carborundum blade or saw for setters cutting, use of tub saw or any other saw needed for preparation of material, drilling of holes for wires that anchor material set by setters, mixing up of molding plaster for installation of material, mixing up thin set for the installation of material, mixing up of sand to cement for the installation of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, granite and other stones (meaning as to stone any foreign or domestic materials as are specified and used in building interiors and exteriors and customarily known as stone in the trade) , carrara, sanionyx, vitrolite and similar opaque glass and the laying' of all marble tile, terrazzo tile, slate tile and precast tile, steps, risers treads, base, or any other materials that may be used as substitutes for any of the aforementioned materials and which are used on interior and exterior which are installed in a similar manner. MATERIAL TESTER I: Hand coring and drilling for testing of materials; field inspection of uncured concrete and asphalt. MATERIAL TESTER II: Field inspection of welds, structural steel, fireproofing, masonry, soil, facade, reinforcing steel, formwork, cured concrete, and concrete and asphalt batch plants; adjusting proportions of bituminous mixtures . APPENDIX I OPERATING ENGINEER - BUILDING Class 1. Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson Attachment; Batch Plant; Bencto (requires Two Engineers) ; Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End-loader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted) ; Concrete Conveyor; Concrete Conveyor (Truck Mounted) ; Concrete Paver Over 27E cu. ft; Concrete Paver 27E cu. ft. and Under: Concrete Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted) ; Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCI and similar Type) ; Creter Crane; Spider Crane; Crusher, Stone, etc. ; Derricks, All; Derricks, Traveling; Formless Curb and Gutter Machine; Grader, Elevating; Grouting Machines; Heavy Duty Self-Propelled Transporter or Prime Mover; Hiahlift Shovels or Front Endloader 2-1/4 yd. and over; Hoists, Elevators, outside type rack and pinion and similar machines; Hoists, One, Two and Three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment) ; Locomotives, Ail; Motor Patrol; Lubrication Technician; Manipulators; Pile Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump Cretes Dual Ram; Pump Cretes: Squeeze Cretes-Screw Type Pumps; Gypsum Bulker and Pump; Raised and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn; Slip-Form Paver; Straddle Buggies; Operation of Tie Back Machine; Tournapull; Tractor with Boom and Side Boom; Trenching Machines. Class 2. Boilers; Broom, All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over) ; Conveyor, Portable; Forklift Trucks; Highlift Shovels or Front Endloaders under 2-1/4 yd. ; Hoists, Automatic; Hoists, Inside Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum; Laser Screed; Rock Drill (Self-Propelled) ; Rock Drill (Truck Mounted) ; Rollers, All; Steam Generators; Tractors, All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame. Class 3. Air Compressor; Combination Small Eauipment Operator; Generators; Heaters, Mechanical; Hoists, Inside Elevators (remodeling or renovation work) ; Hydraulic Power Units (Pile Driving, Extracting, and Drilling) ; Pumps, over 3" (1 to 3 not to exceed a total of 300 ft. ) ; Low Boys; Pumps, Well Points; Welding Machines (2 through 5) ; Winches, 4 Small Electric Drill Winches. Class 4 . Bobcats and/or other Skid Steer Loaders; Oilers; and Brick Forklift. Class 5. Assistant Craft Foreman. Class 6. Gradall. Class 7. Mechanics; Welders. OPERATING ENGINEERS - HIGHWAY CONSTRUCTION Class 1. Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt Heater Scarfire; Asphalt Spreader; Autograder/GOMACO or other similar type machines: ABG Paver; Backhoes with Caisson Attachment; Ballast Regulator; Be it Loader; Caisson Rigs; Car Dumper; Central Redi-Mix APPENDIX 1 Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments) ; Concrete Breaker (Truck Mounted) ; Concrete Conveyor; Concrete Paver over 27E cu. ft..; Concrete Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Tower Cranes of all types: Creter Crane: Spider Crane; Crusher, Stone, etc. ; Derricks, All; Derrick Boats; Derricks, Traveling; Dredges; Elevators, Outside type Rack & Pinion and Similar Machines; Formless Curb and Gutter Machine; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard Rail Post Driver Truck Mounted; Hoists, One, Two and Three Drum; Heavy Duty Self-Propelled Transporter or Prime Mover; Hydraulic Backhoes; Backhoes with shear attachments up to 40' of boom reach; Lubrication Technician; Manipulators; Mucking Machine; Pile Drivers and Skid Rig; Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck Mounted; Rock/Track Tamper; Roto Mill Grinder; Slip-Form Paver; Snow Melters; Soil Test Drill Rig (Truck Mounted) ; Straddle Buggies; Hydraulic Telescoping Form (Tunnel) ; Operation of Tieback Machine; Tractor Drawn Belt Loader; Tractor Drawn Belt Loader (with attached pusher - two engineers) ; Tractor with Boom; Tractaire with Attachments; Traffic Barrier Transfer Machine; Trenching; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole Drills (Tunnel Shaft) ; Underground Boring and/or Mining Machines 5 ft. in diameter and over tunnel, etc; Underground Boring and/or Mining Machines under 5 ft. in diameter; Wheel Excavator; Widener (APSCO) . Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front Endloader Machine (Less than 1 cu. yd. Backhoe Bucket or over or with attachments) ; Compressor and Throttle Valve; Compressor, Common Receiver (3) ; Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and including 27 cu. ft. ; Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type) ; Drills, All; Finishing Machine - Concrete; Hiahlift Shovels or Front Endloader; Hoist - Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments) ; Hydro-Blaster; Hydro Excavating (excluding hose work) ; Laser Screed; All Locomotives, Dinky; Off-Road Hauling Units (including articulating) Non Self-Loading Ejection Dump; Pump Cretes: Squeeze Cretes - Screw Type Pumps, Gypsum Bulker and Pump; Roller, Asphalt; Rotary Snow Plows; Rototiller, Seaman, etc. , self-propelled; Self-Propelled Compactor; Spreader - Chip - Stone, etc. ; Scraper - Single/Twin Engine/Push and Pull; Scraper - Prime Mover in Tandem (Regardless of Size) ; Tractors pulling attachments, Sheeps Foot, Disc, Compactor, etc. ; Tug Boats. Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2) ; Concrete Mixer (Two Bag and Over) ; Conveyor, Portable; Farm-Type Tractors Used for Mowing, Seeding, etc. ; Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Low Boys; Pipe Jacking Machines; Post-Hole Digger; Power Saw, Concrete Power Driven; Pug Mills; Rollers, other than Asphalt; Seed and Straw Blower; Steam Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats; Tamper-Form-Motor Driven. Class 4 . Air Compressor; Combination - Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic APPENDIX 1 Power Unit (Pile Driving, Extracting,, or Drilling) ; Light Plants, All (1 through 5) ; Pumps, over 3" (1 to 3 not to exceed a total of 300 ft. ) ; Pumps, Well Points; Vacuum Trucks (excluding hose work) ; Welding Machines (2 through 5) ; Winches, 4 Small Electric Drill Winches. Class 5. SkidSteer Loader (all) ; Brick Forklifts; Oilers. Class 6. Field Mechanics and Field Welders Class 7 . Dowell Machine with Air Compressor; Gradall and machines of like nature. OPERATING ENGINEER - FLOATING Class 1. Craft Foreman; Master Mechanic; Diver/Wet Tender; Engineer; Engineer (Hydraulic Dredge) . Class 2. Crane/Backhoe Operator; Boat Operator with towing endorsement; Mechanic/Welder; Assistant Engineer (Hydraulic Dredge) ; Leverman (Hydraulic Dredge) ; Diver Tender. Class 3. Deck Equipment Operator, Machineryman, Maintenance of Crane (over 50 ton capacity) or Backhoe (115, 000 lbs. or more) ; Tug/Launch Operator; Loader/Dozer and like equipment on Barge, Breakwater Wall, Slip/Dock, or Scow, Deck Machinery, etc. Class 4 . Deck Equipment Operator, Machineryman/Fireman (4 Equipment Units or More) ; Off Road Trucks; Deck Hand, Tug Engineer, Crane Maintenance (50 Ton Capacity and Under) or Backhoe Weighing (115, 000 pounds or less) ; Assistant Tug Operator. Class S. Friction or Lattice Boom Cranes. SURVEY WORKER - Operated survey equipment including data collectors, G. P.S. and robotic instruments, as well as conventional levels and transits. TERRAZZO FINISHER The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing, grinding, grouting, cleaning and sealing of all Marble, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting by hand or machine, and in addition, assisting and aiding Marble, Masonic, and Terrazzo Mechanics. TRAFFIC SAFETY Work associated with barricades, horses and drums used to reduce lane usage on highway work, the installation and removal of temporary lane markings, and the installation and removal of temporary road signs. TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION - EAST & WEST Class 1. Two or three Axle Trucks. A-frame Truck when used for transportation purposes; Air Compressors and Welding Machines, including those pulled by cars, pick-up trucks and tractors; APPENDIX 1 Ambulances; Batch Gate Lockers; Batch Hopperman; Car and Truck Washers; Carry-alls; Fork Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2-man operation; Pavement Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2-man operation; Slurry Truck Conveyor Operation, 2 or 3 man; Teamsters; Unskilled Dumpman; and Truck Drivers hauling warning lights, barricades, and portable toilets on the job site. Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or Turnatrailers when pulling other than self-loading equipment or similar equipment under 16 cubic yards; Mixer Trucks under 7 yards; Ready-mix Plant Hopper Operator, and Winch Trucks, 2 Axles. Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or turnapulls when pulling other than self-loading equipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, 1-man operation; Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1-man operation; Winch trucks, 3 axles or more; Mechanic--Truck Welder and Truck Painter. Class 4 . Six axle trucks; Dual-purpose vehicles, such as mounted crane trucks with hoist and accessories; Foreman; Master Mechanic; Self-loading equipment like P.B. and trucks with scoops on the front. Other Classifications of Work: For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available. If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county has such a classification and provide such rate, such rate being deemed to exist by reference in this document. If no neighboring county rate applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed under this determination. If a project requires these, or any classification not listed, please contact IDOL at 217-782-1710 for wage rates or clarifications. LANDSCAPING Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of equipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver. MATERIAL TESTER & MATERIAL TESTER/INSPECTOR I AND II APPENDIX 1 Notwithstanding the difference in the classification title, the classification entitled "Material Tester I" involves the same job duties as the classification entitled "Material Tester/Inspector I". Likewise, the classification entitled "Material Tester II" involves the same job duties as the classification entitled "Material Tester/Inspector II". APPENDIX 1 EXHIBIT B Du Page County Prevailing Wage for June 2014 (See explanation of column headings at bottom of wages) Trade Name RG TYP C Base FRMAN M-F>8 OSA OSH H/W Pensn Vac Trng ASBESTOS ABT-GEN ALL 37. 100 37 . 600 1.5 1.5 2. 0 13.38 9.520 0. 000 0. 500 ASBESTOS ABT-MEC BLD 35. 100 37 . 600 1.5 1. 5 2. 0 11. 17 10.76 0. 000 0.720 BOILERMAKER BLD 44 .240 48.220 2.0 2. 0 2. 0 6. 970 17.54 0.000 0. 350 BRICK MASON BLD 41.580 45.740 1.5 1. 5 2. 0 9. 700 12. 80 0. 000 1. 040 CARPENTER ALL 42. 520 44 . 520 1.5 1.5 2. 0 13.29 12.75 0. 000 0. 630 CEMENT MASON ALL 38.500 40. 500 2.0 1.5 2. 0 12. 16 16.25 0. 000 0. 430 CERAMIC TILE FNSHER BLD 34 .810 0. 000 2. 0 1.5 2. 0 10.20 7.830 0. 000 0. 640 COMMUNICATION TECH BLD 32. 650 34 .750 1.5 1. 5 2. 0 9. 550 15.16 1.250 0. 610 ELECTRIC PWR EQMT OP ALL 37 .890 51.480 1.5 1 . 5 2. 0 5. 000 11.75 0. 000 0. 380 ELECTRIC PWR GRNDMAN ALL 29. 300 51.480 1.5 1.5 2. 0 5. 000 9.090 0. 000 0. 290 ELECTRIC PWR LINEMAN ALL 45. 360 51.480 1.5 1.5 2. 0 5.000 14 . 06 0. 000 0. 450 ELECTRIC PWR TRK DRV ALL 30. 340 51.480 1. 5 1.5 2. 0 5. 000 9. 400 0. 000 0. 300 ELECTRICIAN BLD 37.160 40. 880 1. 5 1. 5 2. 0 9. 550 17 .39 4. 480 0. 680 ELEVATOR CONSTRUCTOR BLD 49. 900 56. 140 2.0 2. 0 2. 0 12.73 13. 46 3. 990 0. 600 FENCE ERECTOR NE ALL 34 . 840 36. 840 1.5 1.5 2. 0 12. 86 10. 67 0. 000 0. 300 FENCE ERECTOR W ALL 45. 060 48. 660 2.0 2. 0 2. 0 9. 390 17. 69 0. 000 0. 400 GLAZIER BLD 40. 000 41.500 1.5 2. 0 2. 0 12. 49 15. 99 0. 000 0. 940 HT/FROST INSULATOR BLD 46.950 49.450 1.5 1.5 2. 0 11. 17 11.96 0. 000 0.720 IRON WORKER E ALL 42. 070 44 . 070 2.0 2. 0 2. 0 13. 45 19.59 0. 000 0. 350 IRON WORKER W ALL 45. 060 48 . 660 2. 0 2. 0 2. 0 9. 390 17. 69 0. 000 0. 400 LABORER ALL 37 .000 37 .750 1.5 1. 5 2. 0 13.38 9.520 0. 000 0.500 LATHER ALL 42. 520 44 .520 1.5 1. 5 2. 0 13.29 12.75 0. 000 0. 630 APPENDIX 1 MACHINIST BLD 43. 920 46. 420 1. 5 1.5 2.0 6.760 8. 950 1. 850 0. 000 MARBLE FINISHERS ALL 30.520 0.000 1.5 1.5 2. 0 9.700 12.55 0. 000 0. 590 MARBLE MASON BLD 40.780 44 . 860 1. 5 1.5 2. 0 9.700 12.71 0. 000 0.740 MATERIAL TESTER I ALL 27.000 0. 000 1.5 1. 5 2. 0 13. 38 9. 520 0. 000 0.500 MATERIALS TESTER II ALL 32. 000 0. 000 1.5 1.5 2. 0 13.38 9.520 0. 000 0.500 MILLWRIGHT ALL 42.520 44 . 520 1.5 1. 5 2. 0 13.29 12.75 0. 000 0. 630 OPERATING ENGINEER BLD 1 46.100 50.100 2. 0 2. 0 2. 0 16. 60 11.05 1. 900 1.250 OPERATING ENGINEER BLD 2 44 . 800 50. 100 2. 0 2. 0 2. 0 16. 60 11.05 1. 900 1.250 OPERATING ENGINEER BLD 3 42.250 50.100 2. 0 2. 0 2. 0 16. 60 11. 05 1. 900 1.250 OPERATING ENGINEER BLD 4 40. 500 50. 100 2.0 2. 0 2. 0 16. 60 11. 05 1. 900 1. 250 OPERATING ENGINEER BLD 5 49. 850 50. 100 2.0 2. 0 2. 0 16. 60 11.05 1. 900 1.250 OPERATING ENGINEER BLD 6 47 . 100 50. 100 2. 0 2.0 2. 0 16. 60 11. 05 1. 900 1.250 OPERATING ENGINEER BLD 7 49.100 50.100 2.0 2. 0 2. 0 16. 60 11. 05 1 . 900 1.250 OPERATING ENGINEER HWY 1 44 .300 48.300 1.5 1.5 2.0 16. 60 11.05 1. 900 1.250 OPERATING ENGINEER HWY 2 43.750 48 .300 1.5 1.5 2. 0 16. 60 11.05 1. 900 1.250 OPERATING ENGINEER HWY 3 41.700 48 .300 1.5 1.5 2. 0 16. 60 11. 05 1. 900 1.250 OPERATING ENGINEER HWY 4 40.300 48.300 1. 5 1. 5 2. 0 16. 60 11.05 1. 900 1.250 OPERATING ENGINEER HWY 5 39.100 46.300 1. 5 1. 5 2. 0 16. 60 11.05 1. 900 1.250 OPERATING ENGINEER HWY 6 47 .300 48.300 1 . 5 1. 5 2 . 0 16. 60 11.05 1 . 900 1.250 OPERATING ENGINEER HWY 7 45. 300 48 .300 1.5 1. 5 2 . 0 16. 60 11. 05 1 . 900 1 .250 ORNAMNTL IRON WORKER E ALL 42. 900 45.400 2.0 2. 0 2. 0 13.11 16.40 0. 000 0. 600 ORNAMNTL IRON WORKER W ALL 45. 060 48. 660 2.0 2. 0 2. 0 9.390 17. 69 0. 000 0. 400 PAINTER ALL 40. 980 42. 980 1.5 1. 5 1. 5 10. 00 8.200 0. 000 1.350 PAINTER SIGNS BLD 33. 920 38. 090 1.5 1. 5 1. 5 2. 600 2.710 0. 000 0. 000 PILEDRIVER ALL 42.520 44. 520 1.5 1. 5 2. 0 13.29 12.75 0. 000 0. 630 PIPEFITTER BLD 41 .200 43. 200 1 . 5 1. 5 2. 0 9. 750 17 . 59 0. 000 1.710 PLASTERER BLD 41.250 43. 760 1. 5 1. 5 2 . 0 9. 700 13.08 0. 000 0. 980 PLUMBER BLD 41 .200 43.200 1.5 1.5 2. 0 9. 750 17 .59 0. 000 1. 710 APPENDIX 1 ROOFER BLD 3.9.200 42.200 1. 5 1.5 2. 0 8 .280 9. 690 0. 000 0. 430 SHEETMETAL WORKER BLD 43.250 45.250 1. 5 1.5 2. 0 10. 65 12. 90 0. 000 0. 820 SPRINKLER FITTER BLD 49.200 51.200 1.5 1.5 2. 0 10. 75 8. 850 0. 000 0. 450 STEEL ERECTOR E ALL 42. 070 44. 070 2. 0 2. 0 2. 0 13. 45 19.59 0. 000 0. 350 STEEL ERECTOR W ALL 45. 060 48. 660 2. 0 2. 0 2. 0 9.390 17. 69 0. 000 0. 400 STONE MASON BLD 41.580 45. 740 1.5 1.5 2. 0 9. 700 12. 80 0. 000 1. 040 S` -> NOT IN EFFECT 37 . 000 37. 750 1.5 1.5 2. 0 12.97 9. 930 0. 000 0.500 TERRAZZO FINISHER BLD 36.040 0. 000 1. 5 1.5 2. 0 10.20 9. 900 0. 000 0. 540 TERRAZZO MASON BLD 39. 880 42. 880 1. 5 1.5 2. 0 10.20 11.25 0. 000 0. 700 TILE MASON BLD 41. 840 45. 840 2. 0 1. 5 2. 0 10. 20 9. 560 0. 000 0. 880 TRAFFIC SAFETY WRKR HWY 28 .250 29.850 1.5 1.5 2. 0 4 . 896 4 .175 0. 000 0. 000 TRUCK DRIVER ALL 1 32.550 33. 100 1.5 1.5 2. 0 6. 500 4 . 350 0. 000 0. 150 TRUCK DRIVER ALL 2 32 .700 33. 100 1. 5 1.5 2. 0 6. 500 4.350 0. 000 0. 150 TRUCK DRIVER ALL 3 32 . 900 33. 100 1.5 1.5 2. 0 6. 500 4 .350 0. 000 0. 150 TRUCK DRIVER ALL 4 33. 100 33. 100 1. 5 1.5 2. 0 6. 500 4 . 350 0. 000 0. 150 TUCKPOINTER BLD 40. 950 41. 950 1.5 1 .5 2. 0 9. 700 11. 93 0. 000 0. 630 Legend: RG (Region) TYP (Trade Type - A11,Highway,Bui:iding,Floating,0il & Chip,Rivers) C (Class) Base (Base Wage Rate) FP.MAN (Foreman Rate) N-F>8 (OT required for any hour greater than 8 worked each day, Mon through Fri. OSA (Overtime (OT) is required for every hour worked on Saturday) OSH (Overtime is required for every hour worked on Sunday and Holidays) H/W (Health & Welfare Insurance) Pensn (Pension) Vac (Vacation) Trng (Training) APPENDIX 1 Explanations DUPAGE COUNTY IRON WORKERS AND FENCE ERECTOR (WEST) - West of Route 53. The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day in some classifications/counties. Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration. If in doubt, please check with IDOL. EXPLANATION OF CLASSES ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous materials from any place in a building, including mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials/mold and hazardous materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the mechanical systems are to remain. TRAFFIC SAFETY - work associated with barricades, horses and drums used to reduce lane usage on highway work, the installation and removal of temporary lane markings, and the installation and removal of temporary road signs. CERA_17C TILE FINISHER The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products; all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all substitute materials, for tile made in the-like units; all mixtures in tile like form of cement, metals, and other materials that are for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings, swimming pools, and all other places where tile is to form a finished interior or exterior. The mixing of all setting mortars including but not limited to thin-set mortars, epoxies, wall mud, and any other sand and cement mixtures or adhesives when used in the preparation, installation, repair, or maintenance of the and/or similar materials. The handling and unloading of all sand, cement, lime, tile, fixtures, equipment, adhesives, or any other materials to be used in the preparation, installation, repair, or maintenance of tile and/or similar materials. Ceramic Tile Finishers shall fill all joints and voids reaardless of method on all tile work, particularly and especially after installation of said tile work. Application of any APPENDIX 1 and all protective coverings to all types of tile installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings, plywood, masonite, cardboard, and any new type of products that may be used to protect tile installations, Blastrac equipment, and all floor scarifying equipment used in preparing floors to receive tile. The clean up and removal of all waste and materials. All demolition of existing tile floors and walls to be re-tiled. COMMUNICATIONS TECHNICIAN Low voltage installation, maintenance and removal of telecommunication facilities (voice, sound, data and video) including telephone and data inside wire, interconnect, terminal equipment, central offices, PABX, fiber optic cable and equipment, micro waves, V-SAT, bypass, CATV, WAN (wide area networks) , LAN (local area networks) , and ISDN (integrated system digital network) , pulling of wire in raceways, but not the installation of raceways. MARBLE FINISHER Loading and unloading trucks, distribution of all materials (all stone, sand, etc. ) , stocking of floors with material, performing all rigging for heavy work, the handling of all material that may be needed for the installation of such materials, building of scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble, holding water on diamond or Carborundum blade or saw for setters cutting, use of tub saw or any other saw needed for preparation of material, drilling of holes for wires that anchor material set by setters, mixing up of molding plaster for installation of material, mixing up thin set for the installation of material, mixing up of sand to cement for the installation of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, granite and other stones (meaning as to stone any foreign or domestic materials as are specified and used in building interiors and exteriors and customarily known as stone in the trade) , carrara, sanionyx, vitrolite and similar opaque glass and the laying of all marble tile, terrazzo tile, slate tile and precast tile, steps, risers treads, base, or any other materials that may be used as substitutes for any of the aforementioned materials and which are used 'on interior and exterior which are installed in a similar manner. MATERIAL TESTER I: Hand coring and drilling for testing of materials; field inspection of uncured concrete and asphalt. MATERIAL TESTER II: Field inspection of welds, structural steel, fireproofing, masonry, soil-, facade, reinforcing steel, formwork, cured concrete, and concrete and asphalt batch plants; adusting proportions of bituminous mixtures. APPENDIX 1 OPERATING ENGINEER - BUILDING Class 1. Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson Attachment; Batch Plant; Benoto (requires Two Engineers) ; Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End-loader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted) ; Concrete Conveyor; Concrete Conveyor (Truck Mounted) ; Concrete Paver Over 27E cu. ft; Concrete Paver 27E cu. ft. and Under: Concrete Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted) ; Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCI and similar Type) ; Creter Crane; Spider Crane; Crusher, Stone, etc. ; Derricks, All; Derricks, Traveling; Formless Curb and Gutter Machine; Grader, Elevating; Grouting Machines; Heavy Duty Self-Propelled Transporter or Prime Mover; Highlift Shovels or Front Endloader 2-1/4 yd. and over; Hoists, Elevators, outside type rack and pinion and similar machines; Hoists, One, Two and Three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment) ; Locomotives, All; Motor Patrol; Lubrication Technician; Manipulators; Pile Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump Cretes Dual Ram; Pump Cretes: Squeeze Cretes-Screw Type Pumps; Gypsum Bulker and Pump; Raised and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn; Slip-Form Paver; Straddle Buggies; Operation of Tie Back Machine; Tournapull; Tractor with Boom and Side Boom; Trenching Machines. Class 2. Boilers; Broom, All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over) ; Conveyor, Portable; Forklift Trucks; Highlift Shovels or Front Endloaders under 2-1/4 yd. ; Hoists, Automatic; Hoists, Inside Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum; Laser Screed; Rock Drill (Self-Propelled) ; Rock Drill (Truck Mounted) ; Rcllers, All; Steam Generators; Tractors, All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame. Class 3. Air Compressor; Combination Small Equipment Operator; Generators; Heaters, Mechanical; Hoists, Inside Elevators (remodeling or renovation work) ; Hydraulic Power Units (Pile Driving, Extracting, and Drilling) ; Pumps, over 3" (1 to 3 not to exceed a total of 300 ft. ) ; Low Boys; Pumps, Well Points; Welding Machines (2 through 5) ; Winches, 4 Small Electric Drill Winches. Class 4 . Bobcats and/or other Skid Steer Loaders; Oilers; and Brick Forklift. Class 5. Assistant Craft Foreman. Class 6. Gradall. Class 7 . Mechanics; Welders. OPERATING ENGINEERS - HIGHWAY CONSTRUCTION Class 1. Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt Heater Scarfire; Asphalt Spreader; Autoarader/GOKkC0 or other similar type machines: ABG Paver; Backhoes with Caisson Attachment; Ballast Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi-Mix APPENDIX 1 Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments) ; Concrete Breaker (Truck Mounted) ; Concrete Conveyor; Concrete Paver over 27E cu. ft. ; Concrete Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Tower Cranes of all types: Creter Crane: Spider Crane; Crusher, Stone, etc. ; Derricks, All; Derrick Boats; Derricks, Traveling; Dredaes; Elevators, Outside type Rack & Pinion and Similar Machines; Formless Curb and Gutter Machine; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard Rail Post Driver Truck Mounted; Hoists, One, Two and Three Drum; Heavy Duty Self-Propelled Transporter or Prime Mover; Hydraulic Backhoes; Backhoes with shear attachments up to 40' of boom reach; Lubrication Technician; Manipulators; Mucking Machine; Pile Drivers and Skid Rig; Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck Mounted; Rock/Track Tamper; Roto Mill Grinder; Slip-Form Paver; Snow Melters; Soil Test Drill Rig (Truck Mounted) ; Straddle Buggies; Hydraulic Telescoping Form (Tunnel) ; Operation of Tieback Machine; Tractor Drawn Belt Loader; Tractor Drawn Belt Loader (with attached pusher - two engineers) ; Tractor with Boom; Tractaire with Attachments; Traffic Barrier Transfer Machine; Trenching; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole Drills (Tunnel Shaft) ; Underground Boring and/or Mining Machines 5 ft. in diameter and over tunnel, etc; Underground Boring and/or Mining Machines under 5 ft. in diameter; Wheel Excavator; Widener (APSCO) . Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front Endloader Machine (Less than 1 cu. yd. Backhoe Bucket or over or with attachments) ; Compressor and Throttle Valve; Compressor, Common Receiver (3) ; Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and including 27 cu. ft. ; Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type) ; Drills, All; Finishing Machine - Concrete; Highlift Shovels or Front Endloader; Hoist - Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments) ; Hydro-Blaster; Hydro Excavating (excluding hose work) ; Laser Screed; All Locomotives, Dinky; Off-Road Hauling Units (including articulating) Non Self-Loading Ejection Dump; Pump Cretes: Squeeze Cretes - Screw Type Pumps, Gypsum Bulker and Pump; Roller, Asphalt; Rotary Snow Plows; Rototiller, Seaman, etc. , self-propelled; Self-Propelled Compactor; Spreader - Chip - Stone, etc. ; Scraper - Single/Twin Engine/Push and Pull; Scraper - Prime Mover in Tandem (Regardless of Size) ; Tractors pulling attachments, Sheeps Foot, Disc, Compactor, etc. ; Tug Boats. Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2) ; Concrete Mixer (Two Bag and Over) ; Conveyor, Portable; Farm-Type Tractors Used for Mowing, Seeding, etc. ; Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Low Boys; Pipe Jacking Machines; Post-Hole Digger; Power Saw, Concrete Power Driven; Pug Mills; Rollers, other than Asphalt; Seed and Straw Blower; Steam Generators; Stump Mach=ine; Winch Trucks with "A" Frame; Work Boats; Tamper-Form-Motor Driven. Class 4 . Air Compressor; Combination - Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic APPENDIX 1 Power Unit (Pile Driving, Extracting, or Drilling) ; Light Plants, All (1 through 5) ; Pumps, over 3" (1 to 3 not to exceed a total of 300 ft. ) ; Pumps, Well Points; Vacuum Trucks (excluding hose work) ; Welding Machines (2 through 5) ; Winches, 4 Small Electric Drill Winches. Class S. SkidSteer Loader (all) ; Brick Forklifts; Oilers. Class 6. Field Mechanics and Field Welders Class 7 . Dowell Machine with Air Compressor; Gradall and machines of like nature. SURVEY WORKER - Operated survey equipment including data collectors, G.P.S. and robotic instruments, as well as conventional levels and transits. TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION Class 1. Two or three Axle Trucks. A-frame Truck when used for transportation purposes; Air Compressors and Welding Machines, including those pulled by cars, pick-up trucks and tractors; Ambulances; Batch Gate Lockers; Batch Hopperman; Car and Truck Washers; Carry-ails; Fork Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2-man operation; Pavement Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2-man operation; Slurry Truck Conveyor Operation, 2 or 3 man; Teamsters; Unskilled Dumpman; and Truck Drivers hauling warning lights, barricades, and portable toilets on the job site. Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or Turnatrailers when pulling other than self-loading equipment or similar equipment under 16 cubic yards; Mixer Trucks under 7 yeards; Ready-mix Plant Hopper Operator, and Winch Trucks, 2 Axles. Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or turnapulls when pulling other than self-loading equipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, 1-man operation; Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1-man operation; Winch trucks, 3 axles or more; Mechanic--Truck Welder and Truck Painter. Class 4 . Six axle trucks; Dual-purpose vehicles, such as mounted crane trucks with hoist and accessories; Foreman; Master Mechanic; Self-loading equipment like P.B. and trucks with scoops on the front. TERRAZZO FINISHER The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing, APPENDIX 1 grinding, grouting, cleaning and sealing of all .Marble, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting by hand or machine, and in addition, assisting and aiding Marble, Masonic, and Terrazzo Mechanics. Other Classifications of Work: For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available. If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county has such a classification and provide such rate, such rate being deemed to exist by reference in this document. If no neighboring county rate applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed under this determination. If a project requires these, or any classification not listed., please contact IDOL at 217-782-1710 for wage rates or clarifications. LANDSCAPING Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of equipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver. MATERIAL TESTER « MATERIAL TESTER/INSPECTOR I AND II Notwithstanding the difference in the classification title, the classification entitled "Material Tester I" involves the same job duties as the classification entitled "Material Tester/Inspector I" . Likewise, the classification entitled "Material Tester II" involves the same job duties as the classification entitled "Material Tester/Inspector II". Bond No. SM 132138 APPENDIX 2 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: [insert contractor name and address here:] Industria,Inc. 2856 N. Campbell,Chicago,IL 60523 as Principal (hereinafter called the "Contractor")and [insert surety name and address here:] Arch Insurance Company 300 Plaza Three,Jersey City,NJ 07311 , organized and existing under the laws of the State of Missouri (hereinafter called the "Surety") are held and firmly bound unto Village of Oak Brook, 1200 Oak Brook Road. Oak Brook, Illinois, as the obligee (hereinafter called the "Owner"), in the full and just sum of [insert full contract price here:] S 336,404.95 v_ for the payment of which sum of money well and truly to be made, the Contractor and the Surety bind themselves and their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, said amount to include payment of actual costs and damages and for attorneys' fees, architectural fees, design fees, engineering fees, accounting fees, testing fees, consulting fees, administrative costs, court costs, interest and any other fees and expenses resulting from or incurred by reason of the Contractor's failure to promptly and faithfully perform its contract with the Owner, said contract being more fully described below, and to include attorneys' fees, court costs and administrative and other expenses necessarily paid or incurred in successfully enforcing performance of the obligation of the Surety under this bond. WHEREAS, the Contractor has entered into a written agreement dated [insert contract date here:] May 14_ , 2015 , with the Owner titled [insert contract title here:] 2015 Bridge Improvement Project _ (the "Contract"), the terms and conditions of which are by this reference incorporated herein as though fully set forth herein. NOW, THEREFORE, THE COIvrDITION OF THIS OBLIGATION IS SUCH THAT if the Contractor shall well, truly, and promptly perform all the undertakings, covenants, terms, conditions, and agreements of the Contractor under the contract, including but not limited to the Contractor's obligations under the Contract, (1) to provide, perform, and complete at the Work Site and in the manner specified'in the Contract all necessary Work, labor, services, transportation, equipment, materials,apparatus, machinery,tools, fuels, gas, electric, water, waste disposal, information,data, and other means and items necessary for [insert general description of the Work here:] Partial Reha)ditati n of Three Bridge,Structures (2) to procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith [except as otherwise expressly provided in the Attachment of the ContractI, (3) to procure and furnish all bonds, certificates, and policies of insurance specified in the Contract; (4) to pay all applicable federal, state, and local taxes; (5) to do all other things required of the Contractor by the Contract; and (6) to provide, perform, and complete all of the foregoing in a proper and workmanlike manner and in full compliance with, and as required by and pursuant to, the Contract; all of which is herein referred to as the "Work,' whether or not any of the Work enter into and become component parts of the improvement contemplated, then this obligation shall be null and void: otherwise it shall remain in full force and effect. The Surety, for value received, hereby stipulates and agrees that no changes, modifications. alterations, omissions, deletions, additions, extensions of time, or forbearances on the part of the Owner or the Contractor to the other in or to the terms of said Contract; in or to the schedules, plans. drawings. or specifications. in or to the method or manner of performance of the Work; in or to APPENDIX 2 Owner-furnished facilities, equipment, material, service, or site, or in or to the mode or manner of payment therefore shall in any way release the Contractor and the Surety or either or any of them, or any of their heirs, executors, administrators, successors, or assigns, or affect the obligations of the Surety on this bond, all notice of any and all of the foregoing changes, modifications, alterations, omissions, deletions, additions. extensions of time, or forbearances and notice of any and all defaults by the Contractor or of the Owner's termination of the Contractor being hereby waived by the Surety. Notwithstanding anything to the contrary in the foregoing paragraph, in no event shall the obligations of the Surety under this bond in the event of the Contractor's default be greater than the obligations of the Contractor under the Contract in the absence of the Contractor default. in the event of a default or defaults by the Contractor, the Owner shall have the right to take over and complete the Contract on 30 calendar days' written notice to the Surety, in which event the Surety shall pay the Owner all costs incurred by the Owner in taking over and completing the Contract. At its option, the Owner may instead request that the Surety take over and complete the Contract, in which event the Surety shall take reasonable steps to proceed promptly with completion no later than 30 calendar days after the date on which the Owner notifies the Surety that the Owner wants the Surety to take over and complete the Contract. The Owner shall have no obligation to actually incur any expense or correct any deficient performance of the Contractor to be entitled to receive the proceeds of this bond. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner or the heirs,executors, administrators,or successors of the Owner. Signed and sealed this 21st day of May 2015 . Attest/Witness: PRINCIPAL '.,�ndustria,Inc` By: � Q�[�V By: Title:i9m,N`4ro✓ Plu By: PAW M&kJk Attest/Witness: SURE Arch surance o By: _ By' — -- Title: By: m E. allahan Attorney-In-Fact Bond No. SU1132138 APPENDIX 3 LABOR AND MATERIALS PAYMENT BOND KNOW ALL MEN BY THESE PRESENT'S: [insert contractor name and address here:] _Industria,Inc. 2856 N. Campbell,Chicago,IL 60523 as Principal (hereinafter called the"Contractor")and [insert surety name and address here:] Arch Insurance Company 300 Plaza Three,Jersey City2 NJ 07311 , organized and existing under the laws of the State of Missouri (hereinafter called the "Surety") are held and Firmly bound unto Village of Oak Brook, 1200 Oak Brook Road,Oak Brook, Illinois, as the obligee(hereinafter called the"Owner"), for the use and benefit of itself and of claimants as hereinafter defined (the '`Claimants") in the full and just sum of[insert full contract price here:] S 336,404.95 to be paid to the Owner or the Claimants or the Owner's or the Claimant's assigns, to which payment well and truly to be made the Contractor and the Surety bind themselves and their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, said amount to include attorney's fees, court costs, and administrative and other expenses necessarily paid or incurred in successfully enforcing performance of the obligation of the Surety under this bond. WHEREAS, the Contractor has entered into a written agreement dated [insert contract date here:] May 14 , 2015_, with the Owner titled [insert contract title here:] _ 2015 Bridge Improvement Project " (the "Contract'), the terms and conditions of which are by this reference incorporated herein as though fully set forth herein. NOW, THEREFORE„ THE CONDITION OF THIS OBLIGATION IS SUCH THAT' if the Contractor shall promptly pay or cause to be paid all sums of money that may be due to any Claimant with respect to the Contractor's obligations under the Contract: (1)to provide, perform, and complete at the Work Site and in the manner specified in the Contract all necessary Work, labor, services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data and other means and items necessary for [insert general description of the Work here:] Partial Rehabilitation of Three Bridge Structures _ (2) to procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith [except as otherwise expressly provided in Attachment A to the ContractJ; (3) to procure and furnish all Bonds and all certificates and policies of insurance specified in the Contract; (4) to pay all applicable federal, state, and local taxes; (5) to do all other things required of the Contractor by the Contract; and (6) to provide, perform, and complete all of the foregoing in a proper and workmanlike manner and in full compliance with, and as required by or pursuant to, the Contract; all of which is herein referred to as the "Work,'' whether or not any of said Work enter into and become component parts of the improvement contemplated, then this obligation shall be null and void; otherwise it shall remain in full force and effect. For purpose of this bond, a Claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor to provide, perform, or complete any part of the Work. The Contractor and the Surety hereby jointly and severally agree that every Claimant that has not had all just claims for the furnishing of any part of the Work paid in full, including without limitation all claims for amounts due for materials, lubricants, oil, gasoline, rentals of or service or repairs on machinery, equipment. and tools consumed or used in connection with the furnishing of any APPENDIX 3 part of the Work, may sue on this bond for the use of that Claimant, may prosecute the suit to final judgment for such surn or sums as may be justly due that Claimant, and may have execution therein; provided, however, that the Owner shall not be liable for the payment of any costs or expenses of any such suit. The provisions of 30 ILCS 550/1 and 2 of the Illinois Compiled Statutes shall be deemed inserted herein, including the time limits within which notices of claim must be filed and actions brought under this bond. The Contractor and the Surety hereby jointly agree that the Owner may sue on this bond if the Owner is held liable to, or voluntarily agrees to pay, any Claimant directly, but nothing in this bond shall create any duty on the part of the Owner to pay any Claimant. The Surety, for value received, hereby stipulates and agrees that no changes, modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances on the part of the Owner or the Contractor to the other in or to the terms of the Contract; in or to the schedules, plans, drawings, or specifications; in or to the method or manner of performance of the Work; in or to Owner-furnished facilities, equipment, material, service, or site; or in or to the mode or manner of payment therefor shall in any way release the Contractor and the Surety or either or any of them, or any of their heirs, executors, administrators, successors, or assigns, or affect the obligations of the Surety on this bond, all notice of any and all of the foregoing changes, modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances and notice of any and all defaults by the Contractor or of the Owner's termination of the Contractor being hereby waived by the Surety. Signed and sealed this 21st day of May 2015 . AuestiWitness: CONTRACTOR/ IIndustria,Inc. BY 1 --- By: Title: NPL t tV By: Attest/Witness: SURETY Arch nsurancer 'o p Title: By: Amy E. allahan,Attorney-In-Fact i 914920148N2 III ,ill . — IItl II iI _',' i , .t: :. '.' :` .: I 11 ,.. .. .: r. .. .. ., AIC 44i0f 11 ....; FAT�4R�1�f Y i$il�i, I Vr�4 UNLRSS fT FS RRi €D t BAGKGRE7UN . 11, CIS Pt)WER O _ -11 T�s tww�t�torney limits the. q�t�bip$6 Il�rarnea►;herernf,and ti►6166—wt t --bind the Comp I` — manner and to the extent hetefii tea lsiot:vaiigl fGr."lVlbrt ag Nate Lrsan, te#tert,.f q it, Bank Qepastfx G y rate,11.1 Interest Rate or Residential Vatuifr{atees :;1. �- i4r A 11'i?ersoris lay'Chose Pre` itk .. .11 - . . That the Afch Insufance Co , a corporatron organized and exrstmg under the laws of the Mate of issrau-;j-_v r g its prm spat t.admrrnstrativee rn Jecsey Citt°New,iersay thelieihafter referred to as ttre"Comte" dt2es�ereby in 11.I - ��t t,:i�i: , ��:��i��l�i�f��i�,�� j�i l��ice, d Peter S Fort � rMil t�IrN he 1tai L jEACNj 111-1-,s: ': ::: ,:.' _. .:.: _. .., its°tfue and Iawfot Attorney(sjin-Fact to rrmake execute,seal and deliver from the date of issuance of this Mater for ar�et o n ds behalf,as 1.1.surety art+ as its aot and deed 11.---aka �ndeftaktngs r o r �rAufety oblrga#ion' h Feeding &h rnl th ri N �11i{ tars($90:OOO,QQQ — -11 I 11 This authority does not permit the .111, ame©blrgation to be.spot in#o two or rfrore bonds to arrier'to bfing each'such bond withi the dollar 1-1 11 ,; limit of authority as set forth herein. i. said bonds, orns an ais i� reco nizan11 and other sum-,It i� u ce of these - e ...- _ i P _ Y y and arh�piy to;;all 'intents and , as. e had been u # ac�wledged by its regularly elected officers.at its princift l:administrative ate m fey ,G !,New Jersey:11 - 111 This Power of Attorney is executed by auttionty rafesolut�ons.adopted by iaian}mops .....consent of the;t3oard of Directors of the Cgmpany 11 1.on September 95 2011, true and sccur ite eapte iif hich are#rereinaftor set fi rth attd ire hereby certified to by the undef��aed 11 I full force and fe - - _- -- _ _ - - - - - - - - -__- -- - — - .- D, TK-I- Chairman of the rd Pre�e�or the.Executive Vleb reaidlent, or achy Senior Vice Preo u r ,11 Business Division, or their appointees designated m writing and filed with the..,.e - 2ry, or.the Secretary shall have fhe:power and 11 11 authority to appoint agents and attorneys-in-fad;2nd to.awthorie#hem sukt#e to:the kmitatroris set forth in#heir respective power8 of 1111-1.11111. attorney,to execute on behalf of the Company, and attach the, ai of the Compapy theroto;bonds, undertakings,recogr a 2nc# 11 trr - ns obligatory in the naturre thlefeof, and any.such offrcersttnn � y appoint agents forn 1. 11 P This Power of Attorney is signed, sealed and certified by facsimile under arr�C-by autfhority of the following resolptidn-adopt-- b- the 11 unanhmous consent of the Board of Directors of'the CompaI an Septerhbe>~15 2011 !the I ', trve i e iderrt,or any Sennor vuee President 11. 1 11 VOTED, thei nature of the Charrmans�f the Rohe President,or x �y!,f I adretary and ea6601 wihI#ha of th Coma r -es�n ed f wnt y Ib rh y �a Pn oily 1. r p ex executed pursuant to the resolution op,W!* t Board of Directors on Sap ben I; :011,.and any such pc s 11 sealed and certified with=respell fo ar�y band or: ndert2liing tg whrGh it i§ attached shall continue to be valid and brr�ding upon the 11 Gi�mpany. 1:;1 �, I:! , : � ��;:!;�!T!��i��, -1�i�,ii�`--,-111,1 - — - , -�---,-- i�i it a tDt1 Prot, ,� i X 11 00fy1L6613' 00303 9 ' , 1-111111111111 - _. - - Al 0000136444 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 17th day of November,2014. Attested and Certified Arch Insurance Company SM Patrick K. Nails, Secretary David M. in a stein, Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. mtnw ►c y r N a VANIA .�. NOTARK SEAL HELEN SZAFiiA►N.Notaykalic Coy d Model I fa. 94et , 17 - -- - — ---------- elen Szafran, NStary FiublicV My commission expires 10/03/2017 CERTIFICATION I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated November 17. 2014 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TE IMQNY WHER I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this e 1-day of----- 20 i Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance-Surety Division 3 Parkway,Suite 1500 �V,tloc Philadelphia,PA 19102 wo Te 4 OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. DATE(MMIODIYYYY) ACS CERTIFICATE OF LIABILITY INSURANCE 5/12/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: TIlX1 ° rl FAX HUB International Midwest Limited PHONE Eti,3127429-229 a/C No 55 East Jackson Boulevard Maa ADDRESS: Chicago IL 60604 _ INSURER(S)AFFORDING COVERAGE INSURERC:MBr EI InsuranCO O N A IC# 1 INSURER A: SUIIndQ7ty_QQrnPanY 0 Bead Insurance CO n 15 INSURED INDUSTR-01 INSURER B:V 0 pant/ 8970 2856 N Campbell Avenue INSURER D Chicago IL 60618 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:617083776 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A L POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD MOL'C YYY A GENERAL LIABILITY LHA109915 10/19/2014 0/19/2015 EACH OCCURRENCE $1,000,000 X DAMAGE Ea RENTED COMMERCIAL GENERAL LIABILITY PREMISES occurrence $300,000 j CLAIMS-MADE K OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 X POLICY PRO- LOC $ JECT COMBINED LIMIT B AUTOMOBILE LIABILITY CPD 2044738 10/19/2014 0/19/2015 Ea accident SINGLE 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ '.. AUTOS AUTOS PROPERTY DAMAGE NON-OWNED Per accident $ HIRED AUTOS AUTOS C X UMBRELLA LIAB X OCCUR OMW330614 10/19/2014 0/19/2015 EACH OCCURRENCE $9,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $9,000,000 DED RETENTION$ $ g WORKERS COMPENSATION WCD 2044749 10/1912014 0/19/2015 X WC ST I T- OTH- AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTNE❑ N/A - I E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 it yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Property CPD 2044738 10/19/2014 0/19/2015 Limit $50,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) ISTHA-5706 Project:Contract RR-14-5706 Structural Preservation Tri-State Tollway(1-94) Mile Post 9.7 to Mile Post 16.6 See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Illinois State Toll Highway Authority ACCORDANCE WITH THE POLICY PROVISIONS. 2700 Ogden Avenue Downers Grove IL 60515 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: INDUSTR-01 LOC#: AC40REX ADDITIONAL REMARKS SCHEDULE Pagel of 1 AGENCY NAMED INSURED HUB International Midwest Limited Industria 2856 N Campbell Avenue POLICY NUMBER Chicago IL 60618 CARRIER NAIC CODE EFFECTNE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Illinois State Tollway Highway Authority, Illinois Department of Transportation,and Lake County Department of Transportation and shall include the agencies specified herein,its agents and employees are named as additional insureds with respect to the general liability as required by written contract. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD