R-1741 - 08/14/2018 - CONTRACTS - Resolutions Exhibits (4 11
REVIEW OF CONTRACTS
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VILLAGE OF OAK BROOK
CONTRACT FOR BATH & TENNIS ELECTRICAL SYSTEM
UPGRADE AND GENERATOR INSTALLATION
VILLAGE OF OAK BROOK
CONTRACT FOR BATH & TENNIS ELECTRICAL SYSTEM
UPGRADE AND GENERATOR INSTALLATION
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
A. Submittals Required ...................................................................................................2
B. Number and Format....................................................................................................2
C. Time of Submission and Owner's Review.................................................................2
D. Responsibility for Delay.............................................................................................3
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...............................................................................................4
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 .....................................................................................5
A. Approval and Use of Subcontractors and Suppliers...................................................5
B. Removal of 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
A. Termination or Suspension for Convenience .............................................................6
B. Payment for Completed Work....................................................................................6
ARTICLE II: CHANGES AND DELAYS.............................................................................7
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2.1 Changes ......................................................................................................................7
2.2 Delays.........................................................................................................................7
A. Extensions for Unavoidable Delays ...........................................................................7
B. No Compensation for Delays .....................................................................................7
ARTICLE III: CONTRACTOR'S RESPONSIBILITY FOR DEFECTIVE WORK.......7
3.1 Inspection; Testing; Correction of Defects.................................................................7
A. Inspection ...................................................................................................................7
B. Re-Inspection..............................................................................................................7
C. Correction...................................................................................................................8
3.2 Warranty of Work.......................................................................................................8
A. Scope of Warranty......................................................................................................8
B. Repairs; Extension of Warranty .................................................................................8
C. Subcontractor and Supplier Warranties......................................................................8
3.3 Owner's Right to Correct ...........................................................................................8
ARTICLE IV: FINANCIAL ASSURANCES........................................................................8
4.1 Bonds..........................................................................................................................8
4.2 Insurance.....................................................................................................................9
4.3 Indemnification...........................................................................................................9
ARTICLEV: PAYMENT .......................................................................................................9
5.1 Contract Price.............................................................................................................9
5.2 Taxes and Benefits .....................................................................................................9
5.3 Progress Payments......................................................................................................9
A. Payment in Installments .............................................................................................9
B. Pay Requests............................................................................................................. 10
C. Work Entire .............................................................................................................. 10
5.4 Final Acceptance and Final Payment....................................................................... 10
A. Notice of Completion............................................................................................... 10
B. Punch List and Final Acceptance ............................................................................. 10
C. Final Payment........................................................................................................... 10
5.5 Liens ......................................................................................................................... 11
A. Title........................................................................................................................... 11
B. Waivers of Lien........................................................................................................ 11
C. Removal of Liens ..................................................................................................... 11
D. Protection of Owner Only ........................................................................................ 11
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5.6 Deductions................................................................................................................ 11
A. Owner's Right to Withhold...................................................................................... 11
B. Use of Withheld Funds............................................................................................. 12
ARTICLE VI: DISPUTES AND REMEDIES..................................................................... 12
6.1 Dispute Resolution Procedure.................................................................................. 12
A. Notice of Disputes and Objections........................................................................... 12
B. Negotiation of Disputes and Objections................................................................... 12
6.2 Contractor's Remedies ............................................................................................. 12
6.3 Owner's Remedies.................................................................................................... 13
6.4 Owner's Additional Remedy for Delay.................................................................... 14
6.5 Terminations and Suspensions Deemed for Convenience ....................................... 14
ARTICLE VII: LEGAL RELATIONSHIPS AND REQUIREMENTS........................... 14
7.1 Binding Effect .......................................................................................................... 14
7.2 Relationship of the Parties........................................................................................ 14
7.3 No Collusion/Prohibited Interests ............................................................................ 15
7.4 Assignment............................................................................................................... 15
7.5 Confidential Information.......................................................................................... 15
7.6 No Waiver ................................................................................................................ 15
7.7 No Third Party Beneficiaries.................................................................................... 16
7.8 Notices...................................................................................................................... 16
7.9 Governing Laws ....................................................................................................... 16
7.10 Changes in Laws....................................................................................................... 17
7.11 Compliance with Laws............................................................................................. 17
A. Compliance Required............................................................................................... 17
B. Liability for Fines, Penalties..................................................................................... 17
C. Prevailing Wage Act................................................................................................. 17
D. Required Provisions Deemed Inserted ..................................................................... 18
7.12 Compliance with Patents.......................................................................................... 18
A. Assumption of Costs, Royalties, and Fees ............................................................... 18
B. Effect of Contractor Being Enjoined........................................................................ 18
7.13 Time.......................................................................................................................... 18
7.14 Severability............................................................................................................... 18
7.15 Entire Agreement...................................................................................................... 18
7.16 Amendments............................................................................................................. 19
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Contractor's Certification
Attachment A: Supplemental Schedule of Contract Terms
Attachment B: Specifications
Attachment C: List of Drawings
Attachment D: Special Project Requirements
Appendix 1: Prevailing Wages
Appendix 2: Form of Performance Bond
Appendix 3: Form of Labor and Materials Bond
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VILLAGE OF OAK BROOK
CONTRACT FOR BATH & TENNIS ELECTRICAL SYSTEM
UPGRADE AND GENERATOR INSTALLATION
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
Fitz erald's Electrical Contracting, Inc. 6S865 Shaw Road Bi Rock Illinois 60511 a
Corporation ("Contractor"), make this Contract as of U1 I 2018
(the "Effective Date") and hereby agree as follows:
ARTICLE I: 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 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.
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6. Quality. Provide, perform, and complete all of the foregoing in a proper and
workmanlike manner, consistent with the highest standards of professional and
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 must be prepared on white 8-1/2"x11" paper.
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. Owner'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 pursuant to this Contract, and may not be regarded as any assumption of risk or liability by
Owner.
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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 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.
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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.
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.
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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 Cleanliness 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.
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
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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 Occupancy 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 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
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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.
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.
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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 3.213 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 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 Right 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
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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
Contractor hereby agrees and will, at its expense, carry insurance pursuant to the terms,
conditions, and coverages set forth in Attachment A.
4.3 Indemnification
Contractor hereby agrees to and will indemnify and save harmless 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 Payments
A. Payment in Installments. The Contract Price must be paid in monthly installments
in the manner set forth in Attachment A ("Progress Payments").
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B. Pay Requests. The Village of Oak Brook authorizes the payment of invoices on
the second and fourth Tuesday of the month. For consideration on one of these dates, payment
request must be received no later than fourteen (14) days prior to the second or fourth Tuesday of
the month. 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.
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 World').
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 Payment. 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.
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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 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
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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 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.
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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 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 Owner's 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
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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 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 VII: 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 party.
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 6.3(6) above, to create any relationship between Owner and any
subcontractor or supplier of Contractor.
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CONTRACT
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. 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, damaged, flawed, unsuitable, nonconforming or
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CONTRACT
incomplete Work, equipment, materials, or supplies, nor operate to waive or otherwise diminish
the effect of any warranty or representation made by Contractor;or of any requirement or provision
of this Contract; or of any remedy, power, or right of Owner.
7.7 No Third Party Beneficiaries
No claim as a third party 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:
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Attention: Doug Patchin, Public Works Director
Notices and communications to Contractor must be addressed to, and delivered at, the
following address:
Fitzgerald's Electrical Contracting, Inc.
6S865 Shaw Road
Big Rock, Illinois 6051
Attention: Michael Robertson, Vice President
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 laws rules, of the State of Illinois;
venue for any action related to this Contract will be in the Circuit Court of DuPage County, Illinois.
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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 the prevailing rate of wages ascertained by the Illinois Department of Labor,
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 5/1-101 et seq., and the Public Works Discrimination Act, 775 ILCS 10/0.01 et
seq.; and any statutes regarding safety or the performance of the Work, including the Illinois
Underground Utility Facilities Damage Prevention Act, 220 ILCS 50/1 et seq., and the
Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651 et seq.
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 seq. (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 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.
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CONTRACT
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 Severability
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 any way affected thereby.
7.15 Entire Agreement
This Contract sets forth the entire agreement of Owner and Contractor with respect to the
accomplishment of the Work and the payment of the Contract Price therefor, and there are no other
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CONTRACT
understandings or agreements, oral or written, between Owner and Contractor with respect to the
Work and the compensation therefor.
7.16 Amendments
No modification, addition, deletion, revision, alteration or other change to this Contract is
effective unless and until such change is reduced to writing and executed and delivered by Owner
and Contractor.
[SIGNATURE PAGE FOLLOWS]
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CONTRACT
IN WITNESS WHEREOF,Owner and Contractor have caused this Contract to be executed
by their properly authorized representatives in two original counterparts as of the Effective Date.
VILLAGE F OAK BROO
By:
Name: i CAL 10_V_ o
Title: A
Attest:
By: gzlv
Name: 4L O L r SS
Title: CL.
FITZGERALD'S ELEC C RACTING, INC.
By:
Name: f1l i C .1 t l_ 'kcbe E SOU
Title: we,C e, COY C W Q nt
Attest:
,r
By:
Name:
Title: Cc,-,JCA
-20-
2-
t � �
CONTRACTOR'S CERTIFICATION
STATE OF ILLINOIS )
SS
COUNTY OF V)Q , )
CONTRACTOR'S CERTIFICATION
nc hn E L RoD�-V+S on ]contractor's executing officer], being 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(i) a violation of either Section 33E-3 or
Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et sec.; or (ii) a
violation of the USA Patriot Act of 2001, 107 Public Law 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, 2001.
DATED: 20 .
FITZG,YfX,L E CAL CONTRACTING, INC.
By: R, —
Name: YYvQb +k 611—
Title: w u Ocr" (d k lti-
Attest:
By:
Name:
Title: � f�c6 h �e-c
Subscribed and Swornto before me on
My Commission expires:
))K U1 Yti
Notary Public
FNOTARY
ICIAL SEAL
KE L BRIGH:30, 2019]
(SEAL) IC, STATE OF I
n Expires Jun
VILLAGE OF OAK BROOK
BATH & TENNIS ELECTRICAL SYSTEM UPGRADE AND
GENERATOR INSTALLATION
ATTACHMENT A
SUPPLEMENTAL SCHEDULE OF CONTRACT TERMS
[Check applicable boxes and insert required information.]
1. Proiect:
Provide and install all materials needed for the Bath & Tennis Electrical System
Upgrade and Generator Installation as shown on the drawings and described herein. The
general contractor shall provide and install all materials, unless noted otherwise.
2. Work Site:
800 Oak Brook Road, Oak Brook, Illinois 60523.
3. Permits, Licenses, Approvals, and Authorizations:
Contractor must obtain all required governmental permits, licenses, approvals, and
authorizations.
4. Commencement Date:
Commencement Date shall be mutually agreed upon by Owner and Contractor. Owner
anticipates work to begin in August 14, 2018.
5. Completion Date:
Substantially completed by May 31, 2019. The Completion Date will be subject to
equitable adjustment if the Commencement Date is delayed pursuant to Subsection 2.2A
of the Contract.
6. Insurance Coveralle:
Certificates of Insurance shall be presented to Owner within fifteen (15) days after the
receipt by the Contractor of the Notice of Award and the unexecuted contract, it being
understood and agreed that the Owner will not approve and execute the Contract until
acceptable insurance certificates are received and approved by Owner.
Each contractor performing any work pursuant to a contract with Owner and each permittee
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ATTACHMENT A
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.
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
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ATTACHMENT A
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 party, 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 with 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.
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.
❑D. 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.
-3-
ATTACHMENT A
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.
❑ E. 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.
F. 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:
General Liability
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
Kluber Architects & Engineers
-4-
ATTACHMENT A
7. Contract Price:
SCHEDULE OF PRICES
A. LUMP SUM CONTRACT
1. For providing, performing, and completing all Work, the total Contract Price of
(write in numbers):
$374,890.00
In words: Three Hundred and Seventy-Four Thousand, Ei,-ht Hundred and Ninety
Dollars
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.
-5-
ATTACHMENT A
(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 will 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 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:
$500 per day.
10. Standard Specifications:
The Contract also includes Owner's Village Code and Building Codes.
References to any of these codes means the latest editions effective on the date of the bid
opening.
See Attachment D for any special project requirements.
-6-
ATTACHMENT B
VILLAGE OF OAK BROOK
BATH & TENNIS ELECTRICAL SYSTEM UPGRADE AND
GENERATOR INSTALLATION
ATTACHMENT B
SPECIFICATIONS
SECTION 00 0101
PROJECT TITLE PAGE
PROJECT MANUAL
FOR
VILLAGE OF OAK BROOK- BATH &TENNIS CLUB ELECTRICAL SYSTEM UPGRADE AND
GENERATOR INSTALLATION
800 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60523
OWNER
VILLAGE OF OAKBROOK
1200 OAK BROOK ROAD
OAK BROOK, IL 60523
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ARCHITECT/ENGINEER
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KLUBER ARCHITECTS+ ENGINEERS
10 S. SHUMWAY AVE. j
BATAVIA, ILLINOIS 60510
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END OF DOCUMENT j
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PROJECT NO. 18-172-1179 00 01 01 -1 SECTION 00 0101 i
Copyright 2018 by KLUBER, INC,;All Rights Reserved PROJECT TITLE PAGE
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SECTION 00 0107
SEALS PAGE
1.01 DESIGN PROFESSIONALS' SEALS
A. ELECTRICAL ENGINEER B. MECHANICAL ENGINEER
END OF DOCUMENT
PROJECT NO. 18-172-1179 00 01 07-1 SECTION 00 0107
Copyright 2018 by KLUBER, INC.;All Rights Reserved SEALS PAGE
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SECTION 00 0110
TABLE OF CONTENTS
3
PROCUREMENT AND CONTRACTING REQUIREMENTS PAGES
Introductory Information
00 01 01 Project Title Page 000101-1-1
00 01 07 Seals Page 000107-1-1 j
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00 01 10 Table of Contents 000110-1-2
0001 15 Drawing Index 000115-1-1
00 31 13 Preliminary Schedule 00 31-13-1-1
SPECIFICATIONS PAGES
Division 01 •- General Requirements i
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01 1000 Summary 0110 11-1-2
01 30 00 Administrative Requirements (1 page attachment) 013000-1-5
01 41 00 Regulatory Requirements 01 41 00-1-2
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01 42 00 References 014200-14
01 50 00 Temporary Facilities and Controls 015000-1-3
01 60 00 Product Requirements(1 page attachment) 016000-14
01 70 00 Execution and Closeout Requirements 017000-1-6
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01 78 00 Closeout Submittals 017800-1-4
01 79 00 Demonstration and Training 017900-1-3 !
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Division 03•- Concrete
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03 1000 Concrete Forming and Accessories 03 1000-1-3
03 20 00 Concrete Reinforcing 032000-1-2
03 30 00 Cast-in-Place Concrete 033000-1-6 j
Division 09--Finishes
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0991 13 Exterior Painting 0991 13-1-4
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Division 23-- Heating,Ventilating, and Air-Conditioning (HVAC) I
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23 11 13 Facility Fuel-Oil Piping 231113-1-4 I
Division 26•- Electrical
26 05 00 Basic Electrical Requirements 260500-1-3 j
PROJECT NO. 18-172-1179 000110-1 SECTION 00 01 10 I
Copyright 2018 by KLUBER, INC.;All Rights Reserved TABLE OF CONTENTS
1
26 05 01 Minor Electrical Demolition 260501-1-2
26 05 02 Electrical Identification 260502-1-2 i
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2605 19 Conductors and Devices 260519-1-8
26 05 29 Supporting Devices 260529-1-2
26 05 35 Raceways and Boxes 260535-1-8
262100 Low-Voltage Electrical Service Entrance 262100-1-3
262413 Service and Distribution 262413-1-4
263213 Engine Generators 26 3213-1-14
26 36 00 Transfer Switches 263600-1-6
Division 31 •• Earthwork j
31 22 00 Grading 312200-1-3
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312316.13 Trenching 312316.13-1-4
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Division 32-- Exterior Improvements i
323129 Wood Fences and Gates 323129-1-4 1
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3292 19 Seeding 329219-1-3
END OF SECTION
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PROJECT N0, 18-172-1179 0001 10-2 SECTION 00 01 10
Copyright 2018 by KLUBER, INC,;All Rights Reserved TABLE OF CONTENTS
SECTION 00 0115
DRAWING INDEX
GENERAL
G100 COVER SHEET, GENERAL NOTES, SYMBOLS & DRAWING INDEX
ELECTRICAL
E100 ELECTRICAL SYMBOLS LIST & PANEL SCHEDULES
E200 ELECTRICAL DEMOLITION FLOOR PLAN
E300 ELECTRICAL AND MECHANICAL REMODEL FLOOR PLAN
E500 ELECTRICAL SCHEDULES AND DETAILS
END OF DOCUMENT
PROJECT NO. 18-172-1179 00 01 15-1 SECTION 00 01 15
Copyright 2018 by KLUBER, INC.;All Rights Reserved DRAWING INDEX
SECTION 00 3113
PRELIMINARY SCHEDULE
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1.01 GENERAL
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A. The following represents the preliminary construction schedule for the Work. This schedule is the
current estimate of the Owner to be used for purposes of bidding, All Bidders shall include the
costs of all overtime, double-shift, or so-called "premium"time that may be necessary to meet this
milestone.
1.02 PRELIMINARY SCHEDULE
A, Award of Contract: July 10, 2018
B, Commencement of Construction; August 14, 2018
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C, Substantial Completion: May 31,2019
END OF DOCUMENT
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PROJECT NO, 18-172-1179 003113-1 SECTION 00 31 13
Copyright 2018 by KLUBER, INC.;All Rights Reserved PRELIMINARY SCHEDULE j
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SECTION 01 10 00
SUMMARY
PART 1 GENERAL
1.01 PROJECT
A. Project Name: VILLAGE OF OAK BROOK— BATH &TENNIS CLUB STANDBY GENERATOR .
B. Owner's Name: Village of Oak Brook.
C. Architect/Engineer's Name; Kluber Architects + Engineers.
1.02 CONTRACT DESCRIPTION
A. Contract Type: A single prime contract based on a Stipulated Price as described in the Village of
Oak Brook Contract for the Construction of Electrical Systems Upgrades Bid Package document.
1.03 DESCRIPTION OF ALTERATIONS WORK
A. Scope of demolition and removal work is shown on drawings.
B. Scope of alterations work is shown on drawings.
C. New equipment pads, fencing and side walk modifications..
D. Coordination with Commonwealth Edison Company of all efforts to demolish existing service,
upgrade of the service location and de-energization and re-energization of electrical utility for the
orderly progress and completion of the work.
E. Construction of new electrical service entrance equipment at existing service point, transfer switch
and distribution systems for Bath &Tennis Club electrical distribution systems as indicated and
reasonably inferable in the contract documents.
F. Coordination of Commonwealth Edison Co. primary empty conduit system to eliminate one service
point.
G. Temporary electrical service for outages that exceed a duration of 12 hours for the continued
operation of the village complex.
H. Retro-fit of existing Bath and Tennis Club electrical distribution to eliminate metering and service
entrance equipment as generally indicated or reasonably inferable in the contract documents.
I. Restoration of site landscaping due to construction, demolition, excavation and directional boring
activities.
J. HVAC: Alter existing and add new construction. Building natural gas system.
1.04 OWNER OCCUPANCY
A. Owner intends to continue to occupy adjacent portions of the existing building during the entire
construction period.
B. Cooperate with Owner to minimize conflict and to facilitate Owner's operations.
C. Schedule the Work to accommodate Owner occupancy.
PROJECT NO. 18-172-1179 01 10 00-1 SECTION 01 10 00
Copyright 2018 by KLUBER, INC.;All Rights Reserved SUMMARY
1.05 CONTRACTOR USE OF SITE AND PREMISES
A. Arrange use of site and premises to allow:
1. Owner occupancy.
2. Use of site and premises by the public.
B. Provide access to and from site as required by law and by Owner:
1. Emergency Building Exits During Construction: Keep all exits required by code open during
construction period; provide temporary exit signs if exit routes are temporarily altered.
2. Do not obstruct roadways, sidewalks, or other public ways without permit.
C. Existing building spaces may not be used for storage.
D. Utility Outages and Shutdown:
1. Do not disrupt or shut down life safety systems, including but not limited to fire sprinklers and
fire alarm system, without 2 weeks notice to Owner and authorities having jurisdiction.
2. Limit shutdown of utility services to 8 hours at a time, arranged at least 2 weeks in advance
with Owner.
3. Shutdown times to occur on Saturday's only.
4. Prevent accidental disruption of utility services to other facilities.
PART 2 PRODUCTS- NOT USED
PART 3 EXECUTION - NOT USED
END OF SECTION
PROJECT NO. 18-172-1179 01 1000-2 SECTION 01 10 00
Copyright 2018 by KLUBER, INC.;All Rights Reserved SUMMARY
SECTION 0130 00
ADMINISTRATIVE REQUIREMENTS
PART1 GENERAL
1.01 SECTION INCLUDES
A. Preconstruction meeting.
B. Progress meetings.
C. Construction progress schedule.
D. Submittals for review, information, and project closeout.
E. Architect/Engineer-provided CAD files.
F. Number of copies of Submittals.
G. Submittal procedures.
1.02 RELATED REQUIREMENTS
A. Section 0170 00- Execution and Closeout Requirements: Additional coordination requirements.
B. Section 0178 00 - Closeout Submittals; Project record documents.
PART 2 PRODUCTS • NOT USED
PART 3 EXECUTION
3.01 PRECONSTRUCTION MEETING
A. Architect/Engineer will schedule a meeting after Notice of Award.
B. Attendance required:
1. Owner.
2. Architect/Engineer.
3. Contractor.
C. Agenda:
1. Architect/Engineer will prepare and provide Agenda for this meeting only.
D. Architect will provide minutes and distribute copies to all participants for this meeting only.
Participants to distribute to other parties as they see required to have.
3.02 PROGRESS MEETINGS
A. Make arrangements for meetings, prepare agenda with copies for participants, preside at
meetings.
B. Attendance Required:
1. Contractor.
2. Owner.
3. Architect/Engineer.
4. Contractor's Superintendent.
PROJECT NO. 18-172-1179 01 30 00-1 SECTION 0130 00
Copyright 2018 by KLUBER,INC.;All Rights Reserved ADMINISTRATIVE REQUIREMENTS
C. Agenda:
1. Review minutes of previous meetings.
2. Review of Work progress.
3. Field observations, problems, and decisions.
4. Identification of problems that impede, or will impede, planned progress.
5. Review of Submittals schedule and status of Submittals.
6. Maintenance of progress schedule.
7. Corrective measures to regain projected schedules.
8. Planned progress during succeeding work period.
9. Maintenance of quality and work standards.
10.Effect of proposed changes on progress schedule and coordination.
11.Other business relating to Work.
D. Record minutes and distribute copies within 2 days after meeting to participants, with copies to
Arch itect1E ng i neer, Owner, participants, and those affected by decisions made.
3.03 CONSTRUCTION PROGRESS SCHEDULE
A. Within 7 days after date of the Agreement, submit preliminary schedule.
B. If preliminary schedule requires revision after review, submit revised schedule within 7 days.
C. Submit updated schedule with each Application for Payment.
3.04 Submittals FOR REVIEW
A. When the following are specified in individual sections, submit them for review:
1. Product data.
2. Shop drawings.
3. Samples for selection,
4. Samples for verification.
B. Submit to Architect/Engineer for review for the limited purpose of checking for conformance with
information given and the design concept expressed in the contract documents.
C. Samples will be reviewed only for aesthetic, color, or finish selection.
D. After review, provide copies and distribute in accordance with Submittal PROCEDURES article
below and for record documents purposes described in Section 0178 00- Closeout Submittals.
3.05 Submittals FOR INFORMATION
A. When the following are specified in individual sections, submit them for information:
1. Design data.
2. Certificates.
3. Test reports.
4. Inspection reports.
5. Manufacturer's instructions.
6. Manufacturer's field reports.
7. Other types indicated.
PROJECT NO. 18-172-1179 013000-2 SECTION 0130 00
Copyright 2018 by KLUBER, INC.;All Rights Reserved ADMINISTRATIVE REQUIREMENTS
B. Submit for Architect/Engineer's knowledge as contract administrator or for Owner. No action will
be taken.
3.06 Submittals FOR PROJECT CLOSEOUT
A. Submit Correction Punch List for Substantial Completion.
B. Submit Final Correction Punch List for Substantial Completion.
C. When the following are specified in individual sections, submit them at Project Closeout;
1. Project record documents.
2. Operation and maintenance data.
3. Warranties.
4. Bonds.
5. Other types as indicated.
D. Submit for Owner's benefit during and after Project completion.
3.07 ARCH ITECTIENGINEER-PROVIDED CAD FILES
A. After the execution of the Contract, Architect/Engineer will provide, free of charge, upon receipt of
a properly completed and signed request utilizing "Electronic Data Transfer Consent Form" at the
end of this Specification Section, CAD files depicting graphic information for the project as follows:
1. Architectural Floor Plans: Column grid, walls, floors, stairs, doors, windows, room numbers,
ceiling grid, mechanical diffusers, plumbing fixtures, sprinkler heads (if depicted in Bid
Documents)and lights.
B. Contractor acknowledges and accepts that the Architectural Floor Plans do not contain structural,
mechanical,electrical, plumbing, fire protection and other building systems information depicted in
the Bidding Documents. Examples of information not contained in these files include, but are not
limited to, title blocks, keynotes, schedules, mechanical ductwork and equipment, electrical device
symbols, circuit numbers and home runs, plumbing equipment, piping runs and riser diagrams,
and architectural/engineering text or details. No other CAD files, data or information will be
provided.
C. Only requests from Prime Contractors will be honored. Subcontractors must obtain the files from
their respective Prime Contractors.
D. In submitting a request, Contractor acknowledges that:
1. Architect/Engineer bears no responsibility for the data or its transmission,
2. Use of the data by the Contractor or his Subcontractors in no way relieves the Contractor of his
obligations under the Contract,
3. Contractor is solely liable for any and all claims arising from any and all products generated by
the Contractor or its Subcontractors employing the data,
4. Contractor and its Subcontractors have a limited, non-exclusive license to use the data solely in
connection with the Work of the Project, and that
5. Architect/Engineer retains all rights, including copyright,to the data.
PROJECT NO. 18-172-1179 013000-3 SECTION 0130 00
Copyright 2018 by KLUBER,INC.;All Rights Reserved ADMINISTRATIVE REQUIREMENTS
3.08 NUMBER OF COPIES OF Submittals
A. Electronic Documents: Submit one electronic copy in PDF format; an electronically-marked up file
will be returned. Create PDFs at native size and right-side up; illegible files will be rejected.
B. Samples: Submit the number specified in individual specification sections; one of which will be
retained by Architect/Engineer.
1. After review, produce duplicates.
2. Retained samples will not be returned to Contractor unless specifically so stated.
3.09 Submittal PROCEDURES
A. Shop Drawing Procedures:
1. Prepare accurate, drawn-to-scale, original shop drawing documentation by interpreting the
Contract Documents and coordinating related work.
2. Generic, non-project-specific information submitted as shop drawings do not meet the
requirements for shop drawings.
B. Shop Drawing Procedures:
1. Prepare accurate, drawn-to-scale, original shop drawing documentation by interpreting the
Contract Documents and coordinating related Work.
2. Generic, non-project specific information submitted as shop drawings do not meet the
requirements for shop drawings.
C. Transmit each Submittal with a copy of approved Submittal form.
D. Transmit each Submittal with AIA Form G810.
E. Sequentially number the transmittal form. Revise Submittals with original number and a sequential
alphabetic suffix.
F. Identify Project, Contractor, Subcontractor or supplier; pertinent drawing and detail number, and
specification section number, as appropriate on each copy.
G. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of
Products required, field dimensions, adjacent construction Work, and coordination of information is
in accordance with the requirements of the Work and Contract Documents.
H. Deliver Submittals to Architect/Engineer at business address.
I. Schedule Submittals to expedite the Project, and coordinate submission of related items.
J. For each Submittal for review, allow 20 days excluding delivery time to and from the Contractor.
K. Clearly identify variations from the Contract Documents. Regardless of the type of variation,
Contractor is solely responsible for errors in the field that arise from Submittal variations from the
requirements of the Contract Documents if those variations were not expressly noted to specifically
identify for and describe to the reviewer the nature of the variation from the Contract Documents.
L. Identify variations from Contract Documents and Product or system limitations that may be
detrimental to successful performance of the completed Work.
PROJECT NO. 18-172-1179 013000-4 SECTION 01 30 00
Copyright 2018 by KLUBER, INC.;All Rights Reserved ADMINISTRATIVE REQUIREMENTS
M. Correlate submitted items with specified products; clearly indicate the specified product that
corresponds to each submitted item.
N. When options or optional features available for a Product are indicated in a Submittal, and
selections for those options/features are indicated in the Contract Documents, identify on the
Submittal the selection indicated in the Contract Documents.
0. Provide space for Contractor and Architect/Engineer review stamps.
P. When revised for resubmission, using clouds, highlights or other means acceptable to the
Architect, identify all changes made since previous submission. Resubmittals that do not clearly
identify all changes may be delayed and/or returned to the Contractor unreviewed.
Q. The Contractor is entitled to 1 Resubmittals of any Shop Drawing, Product Data, or Closeout
Submittal item rejected by the Architect or returned by the Architect for further action. Thereafter,
the Contractor shall pay the cost of all further Architect's reviews of Shop Drawing, Product Data or
Closeout Submittal, at a rate of$200.00/hour. Cost of such further reviews will be deducted from
the Contract Sum by Change Order,
R. Distribute reviewed Submittals as appropriate. Instruct parties to promptly report any inability to
comply with requirements.
S. Submittals not requested will not be recognized or processed.
T. Submittal reviews may be delayed and/or Submittals may be returned unreviewed for any of the
following reasons:
1. Submittals submitted outside the scheduled dates of the Submittal Schedule.
2. Submittals are incomplete or are missing information.
3. Submittals are not submitted in accordance with procedures outlined in this Section (i.e. spec
Section number not indicated, missing Contractor's review stamp, submitted items not
correlated with specified products).
3.10 SUBMITTAL REVIEW
A. Submittals for Review: Architect/Engineer will review each submittal, and approve, or take other
appropriate action.
B. Architect/Engineer's actions will be reflected by marking each returned submittal using actual
stamp on hard copies of submittals.
END OF SECTION
PROJECT NO. 18-172-1179 013000-5 SECTION 0130 00
Copyright 2018 by KLUBER, INC.;All Rights Reserved ADMINISTRATIVE REQUIREMENTS
W- Kluber
Architects + Engineers www.kluberinc.com
ELECTRONIC DATA TRANSFER CONSENT FORM
Project Name: BATH&TENNIS CLUB
800 OAK BROOK ROAD
OAK BROOK,ILLINOIS 60523
Project No.: 18-172-1179
Owner: VILLAGE OF OAK BROOK—BATH&TENNIS CLUB ELECTRICAL SYSTEM UPGRADE AND
GENERATOR INSTALLATION
Your Work:
KLUBER, INC.(hereinafter referred to as"Kluber")an Illinois corporation,is providing electronic data to you solely at your
request and for your convenience. By accepting and opening any of the electronic data files,you agree that Kluber bears no
liability for the data or its transmission to you and that you are solely liable for any and all claims referring or relating to any and
all products you,or your Subcontractors,may generate with the data.
You acknowledge that you have a limited non-exclusive license to use the information solely in connection with your work on the
project captioned above,and that Kluber retains all rights,including copyright,to the data.
Acknowledged by:
(Printed Name) (Signature)
Company:
Date: Email:
Architectural Floor Plans are transmitted for the contractors'use as backgrounds for shop drawings and as-built drawings,and,
as such,contain graphic information for column grid,walls,floors,stairs,doors,windows,room numbers,ceiling grid,lights,
diffusers and sprinkler heads where indicated on Bid Documents. Plans do not contain title blocks,keynotes,schedules,
mechanical ductwork and equipment,electrical device symbols,circuit numbers and home runs, plumbing equipment,piping
runs and riser diagrams,and architectural/engineering text and details. Plans depict entire floors and are not formatted,partial
plans as depicted in the Bidding Documents. Files are provided in R2013 .DWG format.)
Kane County Office Lake County Office McLean County Office
10 South Shumway Avenue 4212 Old Grand Ave.,Ste.101 108 E.Beaufort Street,Box 10
Batavia,Illinois 60510 Gurnee,Illinois 60031 Normal Illinois 61761
630.406.1213 847.336.3428 309.430.6460
SECTION 01 41 00
REGULATORY REQUIREMENTS
PART 1 GENERAL
1.01 SECTION INCLUDES
A. General.
B. Definitions.
C, Quality Assurance,
D. Regulatory Requirements.
1.02 RELATED SECTIONS
A. Section 01 10 00 - Summary.
B. Section 0142 00 - References.
1.03 GENERAL
A. Comply with all applicable laws, rules, regulations, codes and ordinances.
B. If the Contractor observes that the Contract Documents may be at variance with specified codes,
notify the Architect/Engineer immediately.Architect/Engineer shall issue all changes in accordance
with the General Conditions.
C. It shall not be the Contractor's primary responsibility to make certain that the Contract Documents
are in accordance with all applicable laws, rules and regulations, however, when the Contractor
performs work knowing or having reason to know that the work in question is contrary to applicable
laws, rules, and regulations, and fails to notify the Architect/Engineer, the Contractor shall pay all
costs arising therefrom.
1.04 DEFINITIONS
A. Definitions:
1. Codes: Codes are statutory requirements, rules or regulations of governmental entities.
2. Standards: Standards are requirements that have been established as accepted criteria, set
general consent.
1.05 QUALITY ASSURANCE
A. The Architect/Engineer has designed the project to applicable code requirements and has copies
of said codes available for the Contractor's inspection.
B. The Contractor shall:
1. Ensure that copies of codes and standards referenced herein or specified in individual
specifications sections are available to Contractor's personnel, agents, and Sub-Contractors.
2. Ensure that Contractor's personnel, agents, and Sub-Contractors are familiar with the
workmanship and requirements of applicable codes and standards,
PROJECT NO. 18-172-1179 01 41 00-1 SECTION 01 41 00
Copyright 2018 by KLUBER, INC.;All Rights Reserved REGULATORY REQUIREMENTS
1.06 REGULATORY REQUIREMENTS
A. Source and Requirements: Verify amendments with local code officials.
1. Local code requirements:
a. ICC International Building Code, 2015 Edition.
b. ICC International Mechanical Code, 2015 Edition.
c. ICC International Fire Code, 2015 Edition.
d. ICC International Property Maintenance Code, 2015 Edition.
e. ICC Electrical Code, 2014 Edition.
2. State code requirements:
a. Capital Development Board (CDB): Illinois Accessibility Code, 1997 Edition.
b. Illinois Department of Labor(IDOL): Safety Glazing Materials Act- Illinois Revised Statutes,
chap. 111 1/2, paragraph 3101, et seq.
c. Illinois Department of Public Health (IDPH):
1) Illinois Plumbing Code (Illinois Administrative Code, Title 77, Chapter I, Subchapter r,
Part 890).
d. Illinois Environmental Protection Agency (TEPA):
1) Air-Pollution Standards.
2) Noise Pollution Standards.
3) Water Pollution Standards.
4) Public Water Supplies
5) Solid Waste Standards.
6) Illinois Recommended Standards for Sewage Work.
e. Illinois State Fire Marshal (OSFM):
1) Boiler& Pressure Vessel Safety Code (Illinois Administrative Code, Title 44, Chapter I,
Part 120).
2) Illinois Rules & Regulations for Fire Prevention & Safety(as amended).
3) Gasoline and Volatile Oils (Illinois Revised Statutes, chap. 171/2, paragraph 31, et
seq.).
3. Information and Requirements for Utility Services: Local utility companies.
PART 2 PRODUCTS - NOT USED
PART 3 EXECUTION - NOT USED
END OF SECTION
PROJECT NO. 18-172-1179 014100-2 SECTION 01 41 00
Copyright 2018 by KLUBER, INC.;All Rights Reserved REGULATORY REQUIREMENTS
SECTION 0142 00
REFERENCES
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Drawing symbols, abbreviations and acronyms.
B. Definitions of terms used throughout the Contract Documents.
C. Explanation of specification format and content.
D. Requirements relating to referenced standards.
E. Applicability of referenced standards.
F. List of industry organizations and certain of their respective documents.
1.02 DRAWING SYMBOLS AND CONVENTIONS
A. Abbreviations and graphic symbols are defined on the General Notes, Symbols &Abbreviations
sheet of the drawings.
B. Generally, symbols used on the mechanical and electrical drawings conform to those
recommended by ASHRAE, though, where appropriate, these symbols are supplemented by more
specific symbols as recommended by ASME, ASPE, or the IEEE.
1.03 DEFINITIONS
A. Where the terms "indicated", "noted", "scheduled", "shown", or"specified" are used it is to help
locate the reference; no limitation on location is intended except as specifically noted.
B. Where the terms "directed", "requested", "authorized", "approved", are used as in "directed by the
Architect/Engineer", no implied meaning shall be construed to extend the Architect/Engineer's
responsibilities into the Contractor's purview of construction supervision.
C. Where the term "approved" is used in conjunction with the Architect/Engineer's action on
submittals, requests or applications it is limited to the duties of the Architect/Engineer as described
in the Agreement, and the General and Supplemental Conditions of the Contract. Such use of the
term "approval" shall not limit or release the Contractor from his responsibility to fulfill Contract
requirements.
D. Where the term "regulations" is used it means all applicable statutes, laws, ordinances, and orders
issued by authorities having jurisdiction, as well as construction industry standards, rules, or
conventions that address performance of the Work.
E. Where the term "furnish" is used it means supply, deliver, and unload to the construction site ready
for assembly and incorporation into the Work.
F. Where the term "install" is used it is meant to describe operations at the job site to include
unloading, assembling, placing, anchoring, finishing, protecting, cleaning and all other similar
operations required to fully incorporate an item into the Work.
G. Where the term "provide" is used it means"furnish and install" as defined above.
PROJECT NO. 18-172-1179 01 42 00-1 SECTION 0142 00
Copyright 2018 by KLUBER, INC.;All Rights Reserved REFERENCES
H. The "Project Site" is the space available to the Contractor for performance of construction
activities. The Project Site may be for the exclusive use of the Contractor and his activities or may
be used in conjunction with others with others performing other construction or related activities on
the Project. The Extent of the Project Site is indicated on the drawings.
1.04 SPECIFICATION FORMAT AND CONTENT
A. These Specifications are based on the Construction Specification Institute's 49 Division format and
numbering system.
B. Language used in the Specifications and other Contract Documents is an abbreviated type.
Implied words and meanings will appropriately interpreted.
C. Requirements expressed in imperative and streamlined language are to be performed by the
Contractor. At certain locations in the text, subjective language may be used to describe
responsibilities that must be fulfilled indirectly by the Contractor or others.
1. Whenever a colon (:) us used within a sentence or phrase, it shall be construed to mean the
words "shall be".
D. Use of certain terms such as"carpentry" is not intended to imply that certain activities must be
performed by accredited or unionized individuals of a corresponding generic name. The
Specifications do, however, require that certain construction activities shall be performed by
specialists who are recognized experts in the operations to be performed. Specialists shall be used
for said activities, however the final responsibility for fulfilling the requirements of the Contract
remains the Contractor's.
1.05 QUALITY ASSURANCE
A. For products or workmanship specified by reference to a document or documents not included in
the Project Manual, also referred to as reference standards, comply with requirements of the
standard, except when more rigid requirements are specified or are required by applicable codes.
B. Conform to reference standard of date of issue specified in this section, except where a specific
date is established by applicable code.
C. Obtain copies of standards when required by the Contract Documents.
D. Maintain copy at project site during submittals, planning, and progress of the specific work, until
Substantial Completion.
E. Should specified reference standards conflict with Contract Documents, request clarification from
the Architect/Engineer before proceeding.
F. Neither the contractual relationships, duties, or responsibilities of the parties in Contract nor those
of the Architect/Engineer shall be altered by the Contract Documents by mention or inference
otherwise in any reference document.
1.06 APPLICABILITY OF INDUSTRY STANDARDS
A. Construction industry standards shall have the same force and effect as if bound or copied
directly in the Contract Documents, except where more stringent requirements are specified. All
such applicable standards are made a part of the Contract Documents by reference.
PROJECT NO. 18-172-1179 014200-2 SECTION 0142 00
Copyright 2018 by KLUBER, INC.;All Rights Reserved REFERENCES
1. Where compliance with two or more standards are referenced and conflicting requirements for
quality or quantities occur, comply with the more stringent requirements. Refer questions
regarding apparently conflicting standards to the Architect for a decision before proceeding.
2. The standard of quality or quantity levels specified, shown, or referenced shall be the minimum
to be provided or performed. Refer questions regarding standards of minimum quality or
quantity to the Architect before proceeding.
1.07 CONSTRUCTION INDUSTRY ORGANIZATIONS AND DOCUMENTS
A. ACI--AMERICAN CONCRETE INSTITUTE INTERNATIONAL
B. AGA--AMERICAN GAS ASSOCIATION
C. AISC —AMERICAN INSTITUTE OF STEEL CONSTRUCTION, INC.
D. ANSI --AMERICAN NATIONAL STANDARDS INSTITUTE
E. ASHRAE--AMERICAN SOCIETY OF HEATING, REFRIGERATING AND AIR-CONDITIONING
ENGINEERS, INC.
F. ASME--THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS
1. ASME A17.1 -Safety Code for Elevators and Escalators; 2004.
G. ASTM--AMERICAN SOCIETY FOR TESTING AND MATERIALS
H. AWS --AMERICAN WELDING SOCIETY
I. CPSC-- CONSUMER PRODUCTS SAFETY COMMISSION
J. FM-- FACTORY MUTUAL RESEARCH CORPORATION
K. ICC-- INTERNATIONAL CODE COUNCIL, INC.
L. IEEE -- INSTITUTE OF ELECTRICAL AND ELECTRONIC ENGINEERS
M. ISO-- INTERNATIONAL STANDARDS ORGANIZATION
N. NCMA--NATIONAL CONCRETE MASONRY ASSOCIATION
0. NEMA-- NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION
P. NFPA--NATIONAL FIRE PROTECTION ASSOCIATION
Q. SSPC- THE SOCIETY FOR PROTECTIVE COATINGS
R. UL-- UNDERWRITERS LABORATORIES INC.
1.08 UNITED STATES GOVERNMENT AND RELATED AGENCIES/DOCUMENTS
A. CFR-- CODE OF FEDERAL REGULATIONS
B. CPSC-- CONSUMER PRODUCTS SAFETY COMMISSION
C. EPA-- ENVIRONMENTAL PROTECTION AGENCY
D. FS-- FEDERAL SPECIFICATIONS AND STANDARDS (General Services Administration)
E. GSA-- U.S. GENERAL SERVICES ADMINISTRATION
PROJECT N0. 18-172-1179 0142 00-3 SECTION 0142 00
Copyright 2018 by KLUBER, INC.;All Rights Reserved REFERENCES
F. USGS-- UNITED STATES GEOLOGICAL SURVEY
1.09 STATE GOVERNMENT AND RELATED AGENCIES/DOCUMENTS
A. CDB -- ILLINOIS CAPITAL DEVELOPMENT BOARD
B. IDOL-- ILLINOIS DEPARTMENT OF LABOR
C. IDPH-- ILLINOIS DEPARTMENT OF PUBLIC HEALTH
D. TEPA-- ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
E. OSFM--OFFICE OF THE ILLINOIS STATE FIRE MARSHAL,
PART 2 PRODUCTS- NOT USED
PART 3 EXECUTION - NOT USED
END OF SECTION
PROJECT NO. 18-172-1179 0142 00-4 SECTION 0142 00
Copyright 2018 by KLUBER, INC.,All Rights Reserved REFERENCES
SECTION 0150 00
TEMPORARY FACILITIES AND CONTROLS
PART1 GENERAL
1.01 SECTION INCLUDES
A. Temporary utilities.
B. Temporary telecommunications services.
C. Temporary sanitary facilities.
D. Temporary Controls: Barriers, enclosures, and fencing.
E. Security requirements.
F. Vehicular access and parking.
G. Waste removal facilities and services.
1.02 TEMPORARY UTILITIES
A. Owner will provide the following:
1. Electrical power and metering, consisting of connection to existing facilities.
2. Water supply, consisting of connection to existing facilities.
B. Existing facilities may be used.
C. Use trigger-operated nozzles for water hoses, to avoid waste of water.
1.03 TELECOMMUNICATIONS SERVICES
A. Provide, maintain, and pay for telecommunications services to field office at time of project
mobilization.
B. Telecommunications services shall include:
1. One(1) mobile cellular telephone for each of Contractor's and any Subcontractor's field
personnel.
2. Email: Account/address reserved for project use.
1.04 TEMPORARY SANITARY FACILITIES
A. Use of existing facilities is permitted.
B. Maintain daily in clean and sanitary condition.
C. At end of construction, return facilities to same or better condition as originally found.
1.05 BARRIERS
A. Provide barriers to prevent unauthorized entry to construction areas, to prevent access to areas
that could be hazardous to workers or the public, to allow for owner's use of site and to protect
existing facilities and adjacent properties from damage from construction operations and
demolition.
PROJECT NO. 18-172-1179 01 5000-1 SECTION 0150 00
Copyright 2018 by KLUBER, INC.;All Rights Reserved TEMPORARY FACILITIES AND CONTROLS
B. Provide barricades and covered walkways required by governing authorities for public
rights-of-way .
C. Provide protection for plants designated to remain. Replace damaged plants.
D. Protect non-owned vehicular traffic, stored materials, site, and structures from damage.
1.06 FENCING
A. Construction: Commercial grade chain link fence.
B. Provide 6 foot high fence around construction site; equip with vehicular and pedestrian gates with
locks.
1.07 SECURITY
A. Provide security and facilities to protect Work, existing facilities, and Owner's operations from
unauthorized entry, vandalism, or theft.
B. Coordinate with Owner's security program.
1.08 VEHICULAR ACCESS AND PARKING
A. Comply with regulations relating to use of streets and sidewalks, access to emergency facilities,
and access for emergency vehicles.
B. Coordinate access and haul routes with governing authorities and Owner.
C. Provide and maintain access to fire hydrants, free of obstructions.
D. Provide means of removing mud from vehicle wheels before entering streets.
E. Existing parking areas may be used for construction parking.
1.09 WASTE REMOVAL
A. Provide waste removal facilities and services as required to maintain the site in clean and orderly
condition.
B. Provide containers with lids. Remove trash from site periodically.
C. If materials to be recycled or re-used on the project must be stored on-site, provide suitable
non-combustible containers; locate containers holding flammable material outside the structure
unless otherwise approved by the authorities having jurisdiction.
D. Open free-fall chutes are not permitted. Terminate closed chutes into appropriate containers with
lids.
1.10 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS
A. Clean and repair damage caused by installation or use of temporary work.
B. Restore existing facilities used during construction to original condition.
PROJECT NO. 18-172-1179 015000-2 SECTION 0150 00
Copyright 2018 by KLUBER, INC.;All Rights Reserved TEMPORARY FACILITIES AND CONTROLS
PART 2 PRODUCTS- NOT USED
PART 3 EXECUTION - NOT USED
END OF SECTION
PROJECT NO. 18-172-1179 015000-3 SECTION 0150 00
Copyright 2018 by KLUBER,INC.;All Rights Reserved TEMPORARY FACILITIES AND CONTROLS
SECTION 0160 00
PRODUCT REQUIREMENTS
PART1 GENERAL
1.01 SECTION INCLUDES
A. General product requirements.
B. Re-use of existing products.
C. Transportation, handling, storage and protection.
D. Product option requirements.
E. Substitution limitations and procedures.
F. Maintenance materials, including extra materials, spare parts, tools, and software.
1.02 SUBMITTALS
A. Product Data Submittals: Submit manufacturer's standard published data. Mark each copy to
identify applicable products, models, options, and other data. Supplement manufacturers'
standard data to provide information specific to this Project.
B. Shop Drawing Submittals: Prepared specifically for this Project; indicate utility and electrical
characteristics, utility connection requirements, and location of utility outlets for service for
functional equipment and appliances.
PART 2 PRODUCTS
2.01 EXISTING PRODUCTS
A. Do not use materials and equipment removed from existing premises unless specifically required
or permitted by the Contract Documents.
B. Unforeseen historic items encountered remain the property of the Owner; notify Owner promptly
upon discovery; protect, remove, handle, and store as directed by Owner,
C. Existing materials and equipment indicated to be removed, but not to be re-used, relocated,
reinstalled, delivered to the Owner, or otherwise indicated as to remain the property of the Owner,
become the property of the Contractor; remove from site.
D. Reused Products: Reused products include materials and equipment previously used in this or
other construction, salvaged and refurbished as specified.
2.02 NEW PRODUCTS
A. Provide new products unless specifically required or permitted by the Contract Documents.
B. Designed, manufactured, and tested in accordance with industry standards.
2.03 PRODUCT OPTIONS
A. Products Specified by Reference Standards or by Description Only: Use any product meeting
those standards or description.
PROJECT NO. 18-172-1179 01 60 00-1 SECTION 0160 00
Copyright 2018 by KLUBER, INC.;All Rights Reserved PRODUCT REQUIREMENTS
B, Products Specified by Naming One or More Manufacturers: Use a product of one of the
manufacturers named and meeting specifications, no options or substitutions allowed.
C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions:
Submit a request for substitution for any manufacturer not named.
2.04 MAINTENANCE MATERIALS
A. Furnish extra materials, spare parts, tools, and software of types and in quantities specified in
individual specification sections.
B. Deliver to Project site and place in location directed by Owner's representative; obtain Owner's
signature on receipt for delivery prior to final payment. Submit signed receipts with Closeout
Submittals.
PART 3 EXECUTION
3.01 SUBSTITUTION PROCEDURES
A. Substitutions Prior To Bid Opening: Architect/Engineer will consider a written request for
substitution provided that such request is received at least 6 days prior to the Bid opening date.
Requests received after that time will not be considered. If a request is approved, the
Architect/Engineer will issue and appropriate addendum not less than 5 days prior to the Bid
opening date.
B. Substitutions After Notice of Award: Architect/Engineer will consider a request for substitution only
under one or more of the following conditions:
1. Substitution is required for compliance with final interpretation of code requirements or
insurance regulations.
2. Specified product is not available through no fault of the Contractor.
3. Specified product is not compatible with other specified materials/equipment.
4. Manufacturer will not certify or warranty specified product as required.
C. Document each request utilizing Substitution Request Form following this section with complete
data substantiating compliance of proposed substitution with Contract Documents. Incomplete
requests will not be considered.
D. A request for substitution constitutes a representation that the submitter:
1. Has investigated proposed product and determined that it meets or exceeds the quality level of
the specified product.
2. Will provide the same warranty for the substitution as for the specified product.
3. Will coordinate installation and make changes to other Work that may be required for the Work
to be complete with no additional cost to Owner.
4. Waives claims for additional costs or time extension that may subsequently become apparent.
5. Will reimburse Owner for Architect/Engineer review or redesign services associated with
re-approval by authorities having jurisdiction over the Project,
E. Substitutions of products or product characteristics/components/accessories will not be considered
when they are indicated or implied on Contractor's submittals, without separate written request, or
PROJECT NO. 18-172-1179 0160 00-2 SECTION 0160 00
Copyright 2018 by KLUBER, INC.;All Rights Reserved PRODUCT REQUIREMENTS