Heritage Center Masonry Restoration
VILLAGE OF OAK BROOK
HERITAGE CENTER MASONRY RESTORATION PROJECT
BID PACKAGE
1. Invitation for Bidder’s Proposals
2. General Instructions to Bidders
3. Bidder’s Proposal
4. Bidder’s Sworn Acknowledgement
5. Bidder’s Sworn Work History Statement
6. Notice of Award
7. Contract
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
VILLAGE OF OAK BROOK
HERITAGE CENTER MASONRY RESTORATION PROJECT
BID PACKAGE
INVITATION FOR BIDDER’S PROPOSALS
OWNER: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
1. Invitation to Bid
Owner invites sealed Bidder’s Proposals for the Work described in detail in the Contract
and generally described as follows:
Provide and install all materials needed for the Heritage Center Masonry Restoration Project.
The general contractor shall provide and install all materials, unless noted otherwise. The scope
of work includes but is not necessarily limited to the following:
Tuck pointing, brick replacement, cleaning of all repaired masonry upon completion of the
repointing work, all scaffolding, building protection, and rigging.
The Work shall be performed at the following Work Site:
Heritage Center, 1112 Oak Brook Road, Oak Brook, Illinois 60523
2. The Bid Package
The Bid Package consists of the following documents, all of which are by this reference
made a part of this Invitation for Bidder’s Proposals as though fully set forth herein:
A. Invitation for Bidder’s Proposals;
B. General Instructions to Bidders;
C. Addenda, if any are issued during the bidding process;
D. Bidder’s Proposal;
E. Bidder’s Sworn Acknowledgement;
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INVITATION
F. Bidder’s Sworn Work History Statement;
G. Other information submitted by Bidder, if requested during the bidding process;
H. Notice of Award; and
I. Contract, including all of its attachments and appendices, if any.
4. Inspection and Examination
Bid Documents may be obtained in two ways:
1. Via the Internet at www.oak-brook.org at no charge.
2. A paper hard copy may be obtained in person from Owner’s Purchasing Division,
Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 60523.
The Bid Package may be examined at the office of Owner as listed above. In making
copies of the Bid Package available to prospective Bidders, Owner does so only for the purpose
of obtaining Bidder’s Proposals and such provision does not confer a license or grant for any
other use.
Each prospective Bidder shall, before submitting its Bidder’s Proposal, carefully examine
the Bid Package. Each prospective Bidder shall inspect in detail the Work Site and the
surrounding area and shall familiarize itself with all local conditions, including subsurface,
underground and other concealed conditions, affecting the Contract, the Work and the Work Site.
The Bidder whose Bidder’s Proposal is accepted will be responsible for all errors in its Bidder’s
Proposal including those resulting from its failure or neglect to make a thorough examination and
investigation of the Bid Package and the conditions of the Work Site and the surrounding area.
The Contract specifications may include the Illinois Department of Transportation’s
General Conditions of the Contract, "State of Illinois Standard Specifications for Road and
Bridge Construction" (SSRB); "Standard Specifications for Water and Sewer Main Construction
in Illinois" (SSWS); "Illinois Manual on Uniform Traffic Control Devices for Streets and
Highways" (MUTCD). The specifications also may include Owners’ Village Code and Building
Code. References to any of these manuals, codes, and specifications means the latest editions
effective on the date of the bid opening.
5. Pre-Bid Meeting
Every prospective bidder is required to attend a Pre-bid Meeting and Walk-Thru
scheduled for 11:00 A.M., Wednesday May 31, 2017, at the Butler Government Center,
beginning in the S.E. Dean Board Room, 1200 Oak Brook Road, Oak Brook, Illinois 60523,
to review the scope of the improvements and the project specifications. Failure to attend this
mandatory meeting will disqualify the bidder.
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INVITATION
6. Bid Opening
Owner will receive sealed Bidder’s Proposals for the Work until 11:00 a.m., local time,
Wednesday, June 7, 2017, in the Samuel E. Dean Board Room, at the Butler Government
Center located at 1200 Oak Brook Road, Oak Brook, Illinois 60523, at which time, or as soon
thereafter as possible, all Bidder’s Proposals will be publicly opened and read aloud. Bidders or
their agents are invited to be present.
7. Bid Security, Bonds and Insurance
A. Bid Security. Each Bidder’s Proposal shall be accompanied by a security deposit
of at least 5 % of the Bidder’s Price Proposal in the form of (1) a Cashier’s Check or Certified
Check drawn on a solvent bank insured by the Federal Deposit Insurance Corporation and
payable without condition to Owner or (2) a Bid Bond in a form satisfactory to Owner from a
surety company licensed to do business in the State of Illinois with a general rating of A minus
and a financial size category of Class X or better in Best’s Insurance Guide.
B. Performance and Payment Bonds. The successful Bidder will be required to
furnish a Performance Bond and a Labor and Material Payment Bond on award of the Contract,
each in the penal sum of the full amount of the Contract Price, on forms provided by, or
otherwise acceptable to, Owner, from a surety company meeting the requirements set forth
above. Each Bidder’s Proposal must be accompanied by a letter from such a surety company
stating that it will execute Bonds on forms provided by, or otherwise acceptable to, Owner, on
award of the Contract to Bidder.
C. Insurance. The successful Bidder will be required to furnish certificates of
insurance as required by Section 4.2 of the Contract on award of the Contract. Each Bidder’s
Proposal must be accompanied by a letter from Bidder’s insurance carrier or its agent certifying
that said insurer has read the requirements set forth in the Contract and will issue the required
certificates and policies of insurance on award of the Contract to Bidder.
DATED: May 24, 2017
Village of Oak Brook
Charlotte K. Pruss
Village Clerk
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VILLAGE OF OAK BROOK
HERITAGE CENTER MASONRY RESTORATION PROJECT
BID PACKAGE
TABLE OF CONTENTS
Section Page
1. Interpretation of Documents Included in Bid Package ........................................................1
2. Calculation of Unit Price Proposals .....................................................................................2
3. Prevailing Wages .................................................................................................................2
4. Taxes and Benefits ...............................................................................................................2
5. Permits and Licenses............................................................................................................2
6. Preparation of Bidder’s Proposal .........................................................................................3
7. Signature Requirements .......................................................................................................3
8. Bid Security .........................................................................................................................4
9. Submission of Bidder’s Proposals .......................................................................................5
10. Withdrawal of Bidder’s Proposals .......................................................................................5
11. Qualification of Bidders .......................................................................................................5
12. Disqualification of Bidders ..................................................................................................6
13. Award of Contract................................................................................................................6
14. Notice of Award; Effective Date of Award .........................................................................7
15. Finalization of Contract .......................................................................................................7
16. Failure to Execute ................................................................................................................8
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VILLAGE OF OAK BROOK
HERITAGE CENTER MASONRY RESTORATION PROJECT
BID PACKAGE
GENERAL INSTRUCTIONS TO BIDDERS
1. Interpretation of Documents Included in Bid Package
A. Defined Terms. All terms capitalized in these General Instructions to Bidders and
in the other documents included in the Bid Package are defined in the documents included in the
Bid Package and shall have such defined meanings wherever used.
B. Implied Terms. If any personnel, equipment, materials, or supplies that are not
directly or indirectly set forth in the Contract are nevertheless necessary to the proper provision,
performance, and completion of the whole of the Work in accordance with the intent of the
Contract, each prospective Bidder shall understand such personnel, equipment, materials, or
supplies to be implied and shall provide for such personnel, equipment, materials, or supplies in
its Bidder’s Proposal as fully as if it were particularly described.
C. Information Provided by Owner. 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 preliminary
investigations is distributed with the Bid Package, or such information is otherwise made
available to any prospective Bidder by Owner, such information is distributed or made available
solely for the convenience of such prospective Bidder and is not part of the Bid Package. Owner
assumes no responsibility whatever in respect to the sufficiency or accuracy of any 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
unanticipated conditions may not be present.
D. Addenda. No interpretation of the documents included within the Bid Package
will be made except by written addendum duly issued by Owner (“Addendum”). No
interpretation not contained in an Addendum shall be valid or have any force or effect whatever,
nor entitle any Bidder to assert any claim or demand against Owner on account thereof.
All Addenda issued prior to the opening of Bidder’s Proposals shall become a part of the Bid
Package. Each prospective Bidder shall be responsible for inquiring from time to time as to the
availability of Addenda.
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If any prospective Bidder is in doubt as to the true meaning of any part of the Bid Package, such
prospective Bidder shall submit to Owner a written request for an interpretation thereof as far in
advance of the scheduled opening of Bidder’s Proposals as possible.
Owner shall use its best efforts to issue Addenda in response to all valid, appropriate, and timely
inquiries, but accepts no responsibility for doing so. Inquiries not answered by Addenda shall be
considered invalid, inappropriate, or untimely inquiries.
2. Calculation of Unit Price Proposals
On all items for which Bidder’s Proposals are to be received on a unit price basis, the
approximate quantities stated in the Schedule of Prices are Owner’s estimate only for Owner’s
convenience in comparing Bidder’s Proposals and shall not be relied on by Prospective Bidders.
Each prospective Bidder shall, before submitting its Bidder’s Proposal, make its own estimate of
the quantities of Unit Price Items required to complete the Work.
3. Prevailing Wages
In accordance with the Prevailing Wage Act, 820 ILCS 130/0.01 et seq., not less than the
prevailing rate of wages for similar work in the locality in which the Work is to be performed
shall be paid to all laborers. Specific provisions relating to the Prevailing Wage Act, and
required of the Contractor, are included in the Contract. A copy of Owner’s ordinance
ascertaining the prevailing rate of wages in effect as of the date of the Invitation for Bidder’s
Proposals, is included in the Bid Package. If the Illinois Department of Labor revises the
prevailing rate of hourly wages to be paid, the revised rate shall apply to the Contract.
4. Taxes and Benefits
Owner is exempt from state and local sales, use, and excise taxes. Bidder’s Price
Proposal shall not include any such taxes. A letter of exemption will be provided to the
successful Bidder, if necessary. Owner will not reimburse, nor assist the successful Bidder in
obtaining reimbursement for, any state or local sales, use or excise taxes paid by the successful
Bidder.
Bidder’s Price Proposal shall include all other applicable federal, state, and local taxes of
every kind or 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.
5. Permits and Licenses
Except as otherwise expressly provided in Attachment A to the Contract, Bidder’s Price
Proposal shall include the cost of obtaining all permits, licenses, and other approvals and
authorizations required by law for performance of the Work. It shall be the sole responsibility of
each prospective Bidder to determine the applicable permits, licenses, and other approvals and
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authorizations and no extra compensation shall be paid by Owner for the successful Bidder’s
failure to include these costs in its Bidder’s Proposal.
6. Preparation of Bidder’s Proposal
Bidder’s Proposals to enter into the Contract for the Work shall be made only on the
blank Bidder’s Proposal form furnished by Owner and included in the Bid Package.
The Village requests that proposals are written legibly in ink. In case of any conflict
between words and numbers, words shall prevail. In case of any error in adding or multiplying
individual items, the prices listed for individual items shall control over any incorrect total of
such items. A Bidder’s Proposal may be rejected if it does not contain a requested price for each
and every item named in the Bidder’s Proposal form or may be interpreted as bidding “no
charge” to Owner for any item left blank.
Prospective Bidders are warned against making alterations of any kind to the Bidder’s
Proposal form or to any entry thereon. Bidder’s Proposals that contain omissions, conditions,
alterations, or additions not called for may be rejected or interpreted so as to be most favorable to
Owner.
Each Bidder shall securely staple into its Bidder’s Proposal a copy of each Addendum
issued and shall include in the place provided therefor in the Bidder’s Proposal form a listing of
all such Addenda.
Each Bidder shall complete and securely staple into its Bidder’s Proposal the Bidder’s
Sworn Acknowledgement and the Bidder’s Sworn Work History Statement included in the Bid
Package, and shall staple into its Bidder’s Proposal the Bid Security and the surety and insurance
commitment letters as specified in the Invitation for Bidder’s Proposals.
Every Bidder submitting a Bidder’s Proposal shall be conclusively deemed to have
evidenced an intention to be bound thereby whether or not the requirements for signing Bidder’s
Proposals found in Section 7 of these General Instructions to Bidders are satisfied. However,
any Bidder’s Proposal that fails to comply with Section 7 of these General Instructions to
Bidders may nevertheless be rejected.
Bidder’s Proposals that are not submitted on the Bidder’s Proposal form furnished by
Owner or that are not prepared in accordance with these General Instructions to Bidders may be
rejected. If a deficiently prepared Bidder’s Proposal is not rejected, Owner may demand
correction of any deficiency and award the Contract to Bidder on satisfactory compliance with
these General Instructions to Bidders.
7. Signature Requirements
A. Bidder’s Proposals. The following requirements shall be observed in the signing
of each Bidder’s Proposal:
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(1) Corporations. Each Bidder’s Proposal submitted by a corporation shall be
signed by the President or other authorized officer of the corporation and
shall also bear the attesting signature of the Secretary or Assistant
Secretary of the corporation.
(2) Partnerships. Each Bidder’s Proposal submitted by a partnership shall be
signed by all of its general partners or by an attorney-in-fact.
(3) Individuals. Each Bidder’s Proposal submitted by an individual shall be
signed by such individual or by an attorney-in-fact.
(4) Joint Ventures. Each Bidder’s Proposal submitted by a joint venture shall
be signed by each signatory of the joint venture agreement by which such
joint venture was formed in accordance with the applicable provisions of
(1), (2), and (3) above or by an attorney-in-fact.
When requested by Owner, satisfactory evidence of the authority of the person or persons
signing on behalf of Bidder shall be furnished.
B. Other Documents. The signature requirements set forth in Subsection 7A shall
apply to all other documents in the Bid Package required to be executed by Bidder, Bidder’s
sureties and Bidder’s insurance representatives as well as to the Contract, the Contractor’s
Certification, and all other required documentation related to the Contract.
8. Bid Security
A. Required Bid Security. Every Bidder’s Proposal shall be accompanied by bid
security in the form of a Cashier’s Check, Certified Check or Bid Bond as specified in the
Invitation for Bidder’s Proposals (“Bid Security”), which Bid Security shall stand as a guaranty
that (1) Bidder will submit all additional information requested by Owner; (2) if such Bidder’s
Proposal is accepted, Bidder will timely file the Bonds and the certificates and policies of
insurance required by the Contract; and (3) if such Bidder’s Proposal is accepted, Bidder will
timely execute the Contract, the Contractor’s Certification, and all other required documentation
related to the Contract.
B. Return of Bid Security. Bid Security submitted in the form of Cashier’s Checks
or Certified Checks will be returned within five days after execution of the Contract by Owner.
Bid Bonds will not be returned unless otherwise requested by Bidder.
C. Liquidated Damages. If a Bidder fails to timely submit all additional information
requested by Owner, or if the successful Bidder fails to timely and properly submit all required
Bonds, certificates and policies of insurance, or if the successful Bidder fails to timely and
properly execute the Contract, the Contractor’s Certification, and all other required
documentation related to the Contract, it will be difficult and impracticable to ascertain and
determine the amount of damage that Owner will sustain by reason of any such failure. For such
reason, every Bidder shall, by submitting its Bidder’s Proposal, be deemed to agree that Owner
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shall have the right, at its option in the event of any such default, to retain or recover as
reasonably estimated liquidated damages, and not as a penalty, the entire amount of the Bid
Security or five percent of the Bidder’s Price Proposal, whichever is greater, or to exercise any
and all equitable remedies it may have against the defaulting Bidder.
9. Submission of Bidder’s Proposal
One copy of each Bidder’s Proposal, properly signed, together with all other required
documents, shall be enclosed in a sealed envelope or package and shall be addressed and
delivered to the place, before the time, and in the manner designated in the Invitation for
Bidder’s Proposals. All Bidder’s Proposals received after the time for the opening of bids
specified in the Invitation for Bidder’s Proposals will be re
Each sealed envelope or package containing a Bidder’s Proposal shall be identified as
such and shall be marked with the title of the Contract and Bidder’s full legal name. All
Addenda will be considered part of each Bidder’s Proposal whether attached or not.
10. Withdrawal of Bidder’s Proposal
Any Bidder’s Proposal may be withdrawn at any time prior to the opening of any
Bidder’s Proposal, provided that a request in writing, executed by Bidder in the manner specified
in Section 7 of these General Instructions to Bidders, for the withdrawal of such Bidder’s
Proposal is filed with Owner prior to the opening of any Bidder’s Proposal. The withdrawal of a
Bidder’s Proposal prior to opening of any Bidder’s Proposal will not prejudice the right of
Bidder to file a new Bidder’s Proposal.
No Bidder’s Proposal shall be withdrawn without the consent of Owner for a period of
60 days after the opening of any Bidder’s Proposal. Any Bidder’s Proposal may be withdrawn at
any time following the expiration of said 60 day period, provided that a request in writing,
executed by Bidder in the manner specified in Section 7 of these General Instructions to Bidders,
for the withdrawal of such Bidder’s Proposal is filed with Owner after said 60 day period. If no
such request is filed, the date for acceptance of such Bidder’s Proposal shall be deemed to be
extended until such a request is filed or until Owner executes a Contract pursuant to the
Invitation for Bidder’s Proposals or until Owner affirmatively and in writing rejects such
Bidder’s Proposal.
11. Qualification of Bidders
A. Factors. Owner intends to award the Contract only to a Bidder that furnishes
satisfactory evidence that it has the requisite experience, ability, capital, facilities, plant,
organization and staffing to enable it to perform the Work successfully and promptly and to
complete the Work for the Contract Price and within the Contract Time.
B. Additional Information. Owner reserves the right to require from any Bidder,
prior to award of the Contract, a detailed statement regarding the business and technical
organizations and plant of Bidder that is available for the Work. Information pertaining to
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financial resources, experience of personnel, contract defaults, litigation history, and pending
construction projects may also be requested.
C. Final Determination. The final selection of the successful Bidder shall be made
on the basis of the amount of the Bidder’s Price Proposals, Owner’s prior experience with the
Bidders, Owner’s knowledge of the Bidders’ performance on other relevant projects, any
additional information submitted by Bidders to satisfy Owner that Bidders are adequately
prepared to fulfill the Contract, and all other relevant facts or matters mentioned in the Bid
Package or that Owner may legally consider in making its determination.
12. Disqualification of Bidders
A. More Than One Bidder’s Proposal. No more than one Bidder’s Proposal for the
Work described in the Contract shall be considered from any single corporation, partnership,
individual or joint venture, whether under the same or different names and whether or not in
conjunction with any other corporation, partnership, individual or joint venture. Reasonable
grounds for believing that any corporation, partnership, individual or joint venture is interested in
more than one Bidder’s Proposal for the Work may cause the rejection of all Bidder’s Proposals
in which such corporation, partnership, individual or joint venture is interested. Nothing
contained in this Subsection 12A shall prohibit any single corporation, partnership, individual or
joint venture, whether under the same or different names and whether or not in conjunction with
any other corporation, partnership, individual or joint venture, from submitting a bid or quoting
prices to more than one Bidder for equipment, materials and supplies or labor to be furnished as
a subcontractor or supplier.
B. Collusion. If there are reasonable grounds for believing that collusion exists
among any Bidders, all Bidder’s Proposals of the participants in such collusion will not be
considered.
C. Default. If a Bidder is or has been in default on a contract with Owner or in the
payment of monies due Owner, its Bidder’s Proposal will not be considered.
13. Award of Contract
A. Reservation of Rights. Owner reserves the right to accept the Bidder’s Proposal
that is, in its judgment, the best and most favorable to the interests of Owner and the public; to
reject the low Price Proposal; to accept any item of any Bidder’s Proposal; to reject any and all
Bidder’s Proposals; to accept and incorporate corrections, clarifications or modifications
following the opening of the Bidder’s Proposals when to do so would not, in Owner’s opinion,
prejudice the bidding process or create any improper advantage to any Bidder; and to waive
irregularities and informalities in the bidding process or in any Bidder’s Proposal submitted;
provided, however, that the waiver of any prior defect or informality shall not be considered a
waiver of any future or similar defects or informalities, and Bidders should not rely on, or
anticipate, such waivers in submitting their Bidder’s Proposals.
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B. Firm Offers. All Bidder’s Proposals are firm offers to enter into the Contract and
no Bidder’s Proposals shall be deemed rejected, notwithstanding acceptance of any other
Bidder’s Proposal, until the Contract has been executed by both Owner and the successful Bidder
or until Owner affirmatively and in writing rejects such Bidder’s Proposal.
C. Time of Award. It is expected that the award of the Contract, if it is awarded, will
be made within 45 days following the opening of the Bidder’s Proposals. Should administrative
difficulties be encountered after the opening of the Bidder’s Proposals, including the annulment
of any award, that may delay an award or subsequent award beyond such 45 day period, Owner
may accept any Bidder’s Proposal for which the date for acceptance has been extended as
provided in Section 10 of these General Instructions to Bidders in order to avoid the need for re-
advertisement. No Bidder shall be under any obligation to extend the date for acceptance of its
Bidder’s Proposal. Failure of one or more of the Bidders or their sureties to extend the date for
acceptance of its Bidder’s Proposal shall not prejudice the right of Owner to accept any Bidder’s
Proposal for which the date for acceptance has been extended.
14. Notice of Award; Effective Date of Award
If the Contract is awarded by Owner, such award shall be effective when a Notice of
Award in the form included in the Bid Package has been delivered to the successful Bidder
(“Effective Date of Award”). Owner will prepare two copies of the Contract based on Bidder’s
Proposal and will submit them to the successful Bidder with the Notice of Award.
15. Finalization of Contract
A. Finalization Date. Unless otherwise stated in the Notice of Award, the successful
Bidder shall satisfactorily complete all conditions precedent to signing the Contract before the
10th day after the Effective Date of Award or within such extended period as Owner may, in the
exercise of its sole discretion, authorize in writing after issuance of the Notice of Award
(“Finalization Date”).
B. Conditions Precedent to Finalization. On or before the Finalization Date, the
successful Bidder shall: (1) sign (see Section 7), date as of the Finalization Date, and submit to
Owner both copies of the Contract, the Contractor’s Certification, and all other required
documentation related to the Contract on or before the Finalization Date; and (2) submit two
executed copies of all required Bonds dated as of the Finalization Date and all certificates and
policies of insurance.
Failure to timely execute or submit any of the aforesaid documents shall be grounds for the
imposition of liquidated damages as more specifically set forth in Section 8 above. If the
submitted documents or any of them fail to comply with these General Instructions to Bidders or
the Contract or are not timely executed and submitted, Owner may, in its sole discretion, annul
the award or allow the successful Bidder an opportunity to correct the deficiencies.
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In no event will Owner execute the Contract until any and all such deficiencies have been cured
or Owner has received adequate assurances, as determined by Owner, of complete and prompt
performance.
C. Finalization. On the Finalization Date, and provided that all documents required
to be submitted prior to or on the Finalization Date have been reviewed and determined by
Owner to be in compliance with these General Instructions to Bidders and the Contract, or
assurances of complete and prompt performance satisfactory to Owner have been received,
Owner shall execute all copies of the Contract and tender one copy to the successful Bidder at
the Finalization. The successful Bidder shall tender a copy to its surety company or companies.
16. Failure to Finalize
A. Annulment of Award; Liquidated Damages. The failure or refusal of a successful
Bidder to comply with the conditions precedent to finalization or to properly finalize and execute
the Contract shall be just cause for the annulment of the award and the imposition of liquidated
damages or the exercise of equitable remedies, both as more specifically set forth in Section 8
above.
B. Subsequent Awards. On annulment of an award, Owner may accept, and award a
Contract based on, any other Bidder’s Proposal as Owner, in its sole judgment, deems to be the
best or may invite new Proposals or may abandon the bidding process or the Work.
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PROPOSAL
VILLAGE OF OAK BROOK
HERITAGE CENTER MASONRY RESTORATION PROJECT
BID PACKAGE
BIDDER’S PROPOSAL
Full Name of Bidder ___________________________________________________(“Bidder”)
Principal Office Address _________________________________________________________
Local Office Address ___________________________________________________________
Contact Person ____________________________ Telephone ___________________________
TO: Village of Oak Brook (“Owner”)
1200 Oak Brook Road
Oak Brook, IL 60523
Attention: Rania Serences, Senior Purchasing Assistant
Bidder warrants and represents that Bidder has carefully examined the Work Site described
below and its environs and has reviewed and understood all documents included, referred to, or
mentioned in this set of documents, including Addenda Nos. _________, which are securely
stapled to the end of this Bidder’s Proposal [if none, write “NONE”] (“Bid Package”).
Bidder acknowledges and agrees that all terms capitalized in this Bidder’s Proposal shall have
the meaning given to them in the documents included in the Bid Package.
1. Work Proposal
A. Contract and Work. If this Bidder’s Proposal is accepted, Bidder proposes, and
agrees, that Bidder will contract with Owner, in the form of the Contract included in the Bid
Package: (1) to provide, perform and complete at the site or sites described in the Bid Package
(“Work Site”) and in the manner described and specified in the Bid Package all necessary work,
labor, services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas,
electric, water, waste disposal, information, data and other means and items necessary for the
HERITAGE CENTER MASONRY RESTORATION PROJECT which includes tuck pointing,
brick replacement, cleaning of all repaired masonry upon completion of the repointing work, all
scaffolding, building protection, and rigging, as described in the specifications, shown on the
drawings, and described herein. The general contractor shall provide and install all materials,
unless noted otherwise; (2) to procure and furnish all permits, licenses and other governmental
approvals and authorizations necessary in connection therewith except as otherwise expressly
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PROPOSAL
provided in Attachment A to the Contract included in the Bid Package; (3) to procure and furnish
all Bonds and all certificates and policies of insurance specified in the Bid Package; (4) to pay all
applicable federal, state and local taxes; (5) to do all other things required of Contractor by the
Contract; and (6) to provide, perform and complete all of the foregoing in a proper and
workmanlike manner and in full compliance with, and as required by or pursuant to, the
Contract; all of which is herein referred to as the “Work.”
B. Manner and Time of Performance. If this Bidder’s Proposal is accepted, Bidder
proposes, and agrees, that Bidder will perform the Work in the manner and time prescribed in the
Bid Package and according to the requirements of Owner pursuant thereto.
C. General. If this Bidder’s Proposal is accepted, Bidder proposes, and agrees, that
Bidder will do all other things required of Bidder or Contractor, as the case may be, by the Bid
Package.
2. Contract Price Proposal
If this Bidder’s Proposal is accepted, Bidder will, except as otherwise provided in
Section 2.1 of the Contract, take in full payment for all Work and other matters set forth under
Section 1 above, including overhead and profit; taxes, contributions, and premiums; and
compensation to all subcontractors and suppliers, the compensation set forth on the following
“Schedule of Prices” (“Price Proposal”), which Schedule of Prices Bidder understands and
agrees will be made a part of the Contract:
SCHEDULE OF PRICES
A. LUMP SUM CONTRACT
1. Provide and install all materials needed for the Heritage Center Masonry Restoration
Project as indicated in the specifications and described herein. For providing,
performing, and completing Work, the total Contract Price of :
$ ________________________________________
In words
B. ALTERNATE BID
2. Square Footage Price for Additional Work (as needed/requested)
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PROPOSAL
$ ________________________________________
In words
B. BASIS FOR DETERMINING PRICES
It is expressly understood and agreed that:
1. [Deleted]
2. Owner is not subject to state or local sales, use and excise taxes and no such taxes are
included in this Schedule of Prices;
3. 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 are included
in this Schedule of Prices; and
4. 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 are included in this Schedule of Prices.
3. Contract Time Proposal
If this Bidder’s Proposal is accepted, Bidder will commence the Work not later than the
“Commencement Date” set forth in Attachment A to the Contract and will perform the Work
diligently and continuously and will complete the Work not later than the “Completion Date” set
forth in Attachment A to the Contract.
4. Firm Proposal
All prices and other terms stated in this Bidder’s Proposal are firm and shall not be
subject to withdrawal, escalation, or change for a period of 60 days after the date on which any
Bidder’s Proposal is opened or such extended acceptance date for Bidder’s Proposals as may be
established pursuant to Sections 10 and 13 of the General Instructions to Bidders.
5. Bidder Representations
A. No Collusion. Bidder warrants and represents that the only persons, firms, or
corporations interested in this Bidder’s Proposal as principals are those named in Bidder’s Sworn
Acknowledgment attached hereto and that this Bidder’s Proposal is made without collusion with
any other person, firm or corporation.
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PROPOSAL
B. Not Barred. Bidder warrants, represents and certifies that it is not barred by law
from contracting with Owner or with any unit of state or local government.
C. Qualified. Bidder warrants and represents that Bidder has the requisite
experience, ability, capital, facilities, plant, organization and staff to enable Bidder to perform
the Work successfully and promptly and to commence and complete the Work within the
Contract Price and Contract Time Proposals set forth above. In support thereof, Bidder submits
the attached Sworn Work History Statement. In the event Bidder is preliminarily deemed to be
one of the most favorable to the interests of Owner, Bidder hereby agrees to furnish on request,
within two business days or such longer period as may be set forth in the request, such additional
information as may be necessary to satisfy Owner that Bidder is adequately prepared to fulfill the
Contract.
D. Owner’s Reliance. Bidder acknowledges that Owner is relying on all warranties,
representations and statements made by Bidder in this Bidder’s Proposal.
6. Surety and Insurance
Bidder herewith tenders surety and insurance commitment letters as specified in
Section 6 of the Invitation for Bidder’s Proposals.
7. Bid Security
Bidder herewith tenders a Cashier’s Check, Certified Check, or Bid Bond as specified in
Section 6 of the Invitation for Bidder’s Proposals for 5 % of Bidder’s Price Proposal (“Bid
Security”).
8. Owner’s Remedies
Bidder acknowledges and agrees that should Bidder fail to timely submit all additional
information that is requested of it; or should Bidder, if Owner awards Bidder the Contract, fail to
timely submit all the Bonds and all the certificates and policies of insurance required of it; or
should Bidder, if Owner awards Bidder the Contract, fail to timely execute the Contract,
Contractor’s Certification and all other required documentation related to the Contract, it will be
difficult and impracticable to ascertain and determine the amount of damage that Owner will
sustain by reason of any such failure and, for such reason, Owner shall have the right, at its
option in the event of any such default by Bidder, to retain or recover as reasonably estimated
liquidated damages, and not as a penalty, the entire amount of the Bid Security or five percent of
Bidder’s Price Proposal, whichever is greater, or to exercise any and all equitable remedies it
may have against Bidder.
9. Owner’s Rights
-12-
PROPOSAL
Bidder acknowledges and agrees that Owner reserves the right to reject any and all
Bidder’s Proposals, reserves the right to accept or reject any item of any Bidder’s Proposal and
reserves such other rights as are set forth in Section 13 of the General Instructions to Bidders.
10. Bidder’s Obligations
In submitting this Bidder’s Proposal, Bidder understands and agrees that it shall be bound
by each and every term, condition or provision contained in the Bid Package, which are by this
reference incorporated herein and made a part hereof.
DATED: ____________________, 2017
Bidder Attest
By: ______________________________ By: ______________________________
Title: ______________________________ Title: ______________________________
SEE GENERAL INSTRUCTIONS TO BIDDERS, SECTION 7,
FOR SIGNATURE REQUIREMENTS
-13-
VILLAGE OF OAK BROOK
HERITAGE CENTER MASONRY RESTORATION PROJECT
BID PACKAGE
BIDDER’S SWORN ACKNOWLEDGEMENT
_______________________________ (“Deponent”), being first duly sworn on oath,
deposes and states that the undersigned Bidder is organized as indicated below and that all
statements herein made are made on behalf of such Bidder in support of its Bidder’s Proposal for
the above Contract and that Deponent is authorized to make them.
Deponent also deposes and states that Bidder has carefully prepared, reviewed and
checked its Bidder’s Proposal and that the statements contained in its Bidder’s Proposal and in
this Acknowledgement are true and correct.
COMPLETE APPLICABLE SECTION ONLY
1. Corporation
Bidder is a corporation that is organized and existing under the laws of the State of
____________, that is qualified to do business in the State of Illinois, and that is operating under
the legal name of ____________________________________.
The officers of the corporation are as follows:
TITLE NAME ADDRESS
President ____________________ ______________________________
Vice President ____________________ ______________________________
Secretary ____________________ ______________________________
Treasurer ____________________ ______________________________
2. Partnership
Bidder is a partnership that is organized, existing and registered under the laws of the
State of __________ pursuant to that certain Partnership Agreement dated as of
______________, that is qualified to do business in the State of Illinois, and that is operating
under the legal name of ______________________.
-1-
ACKNOWLEDGEMENT
The general partners of the partnership are as follows:
NAME ADDRESS
____________________ ________________________________________________
____________________ ________________________________________________
____________________ ________________________________________________
____________________ ________________________________________________
____________________ ________________________________________________
3. Individual
Bidder is an individual as follows:
Full name: __________________________________
Residence address: __________________________________________________
Business address: ___________________________________________________
If operating under a trade or assumed
name that name is: ___________________________________________________
4. Joint Venture
Bidder is a joint venture that is organized and existing under the laws of the State of
________ pursuant to that certain Joint Venture Agreement dated as of ______________, that is
qualified to do business in the State of Illinois, and that is operating under the legal name of
______________________________.
The signatories to the aforesaid Joint Venture Agreement are as follows:
NAME (and ENTITY TYPE) ADDRESS
_________________(___) ________________________________________________
_________________(___) ________________________________________________
_________________(___) ________________________________________________
[For each signatory, indicate type of entity (Corporation = “C”; Partnership = “P”; and Individual
= “I”) and provide, on separate sheets, the information required in Paragraph 1, 2, or 3 above, as
applicable]
-2-
ACKNOWLEDGEMENT
DATED: ____________________, 20____.
Bidder Attest
By: ______________________________ By: ______________________________
Title: ______________________________ Title: ______________________________
Subscribed and Sworn to before me on ____________________, 20____.
__________________________________
Notary Public
My commission expires: __________________, 20____
SEE GENERAL INSTRUCTIONS TO BIDDERS, SECTION 7,
FOR SIGNATURE REQUIREMENTS
-3-
VILLAGE OF OAK BROOK
HERITAGE CENTER MASONRY RESTORATION PROJECT
BID PACKAGE
BIDDER’S SWORN WORK HISTORY STATEMENT
_______________________________ (“Deponent”), being first duly sworn on
oath, deposes and states that all statements made in this Sworn Work History Statement are made
on behalf of the undersigned Bidder in support of its Bidder’s Proposal for the above Contract
and that Deponent is authorized to make them.
Deponent also deposes and states that Bidder has carefully prepared, reviewed
and checked this Sworn Work History Statement and that the statements contained in this Sworn
Work History Statement are true and correct.
IF NECESSARY FOR FULL DISCLOSURE, ADD SEPARATE SHEETS
JOINT VENTURES MUST SUBMIT SEPARATE
SWORN WORK HISTORY STATEMENTS FOR THE JOINT VENTURE
AND FOR EACH SIGNATORY TO THE JOINT VENTURE AGREEMENT
1. Nature of Business
State the nature of Bidder’s business: __________________________________
______________________________________________________________________________
2. Composition of Work
During the past three years, Bidder’s work has consisted of:
____% Federal ____% As Contractor ____% Bidder’s Forces
____% Other Public ____% As Subcontractor ____% Subcontractors
____% Private ____% Materials
3. Years in Business
State the number of years that Bidder, under its current name and organization, has been
continuously engaged in the aforesaid business: __________ years
-1-
WORK HISTORY STATEMENT
4. Predecessor Organizations
If Bidder has been in business under its current name and organization for less than five years,
list any predecessor organizations:
NAME ADDRESS YEARS
____________________ __________________________________ ______
____________________ __________________________________ ______
5. Business Licenses
List all business licenses currently held by Bidder:
ISSUING AGENCY TYPE NUMBER EXPIRATION
__________________________ __________ __________ _____________
__________________________ __________ __________ _____________
6. Related Experience
List three projects most comparable to the Work completed by Bidder, or its
predecessors, in the past five years:
PROJECT ONE PROJECT TWO PROJECT THREE
Owner Name ______________ ______________ __________________
Owner Address ______________ ______________ __________________
______________ ______________ __________________
Reference ______________ ______________ __________________
Telephone Number ______________ ______________ __________________
Type of Work ______________ ______________ __________________
______________ ______________ __________________
-2-
WORK HISTORY STATEMENT
PROJECT ONE PROJECT TWO PROJECT THREE
Contractor ______________ ______________ __________________
(If Bidder was)
(Subcontractor) ______________ ______________ __________________
______________ ______________ __________________
Amount of Contract ______________ ______________ __________________
Date Completed ______________ ______________ __________________
DATED: ____________________, 20____.
Bidder Attest
By: ______________________________ By: ______________________________
Title: ______________________________ Title: ______________________________
Subscribed and Sworn to before me on ____________________, 20____.
__________________________________
Notary Public
My commission expires: __________________, 20____
SEE GENERAL INSTRUCTIONS TO BIDDERS, SECTION 7,
FOR SIGNATURE REQUIREMENTS
-3-
VILLAGE OF OAK BROOK
HERITAGE CENTER MASONRY RESTORATION PROJECT
BID PACKAGE
NOTICE OF AWARD
TO: _____________________________ FROM: Village of Oak Brook
_____________________________ ______________________________
_____________________________ __________________, ___________
(“Contractor”) (“Owner”)
On _______________, 20___, Owner found to be most favorable to the interests of
Owner the Bidder’s Proposal submitted by Contractor and dated _______________, 20___, in
which Contractor proposes to contract with Owner, in the form of the Contract included in the
Bid Package to perform the following Work: (1) to provide, perform and complete at the Work
Site and in the manner described and specified in the Bid Package all necessary work, labor,
services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric,
water, waste disposal, information, data and other means and items necessary for HERITAGE
CENTER MASONRY RESTORATION PROJECT which includes tuck pointing, brick
replacement, cleaning of all repaired masonry upon completion of the repointing work, all
scaffolding, building protection, and rigging, as indicated in the specifications. The general
contractor shall provide and install all materials, unless noted otherwise; (2) to procure and
furnish all permits, licenses and other governmental approvals and authorizations necessary in
connection therewith except as otherwise expressly provided in Attachment A to the Contract
included in the Bid Package; (3) to procure and furnish all Bonds and all certificates and policies
of insurance specified in the Bid Package; (4) to pay all applicable federal, state and local taxes;
(5) to do all other things required of the Contractor by the Contract; and (6) to provide, perform
and complete all of the foregoing in a proper and workmanlike manner and in full compliance
with, and as required by or pursuant to, the Contract.
OWNER ACCORDINGLY AWARDS CONTRACTOR, EFFECTIVE AS OF THE DATE
OF DELIVERY OF THIS NOTICE OF AWARD, THE CONTRACT FOR SAID WORK
FOR THE LUMP SUM AND/OR UNIT PRICES, AS THE CASE MAY BE, SET FORTH
IN THE BIDDER’S PROPOSAL.
The Contract will be finalized and executed on _______________, 20____, at the above listed
office of Owner. The Contract will be executed by Owner provided that all conditions precedent
to finalization have been satisfied. Contractor must have complied with all conditions precedent
-1-
NOTICE OF AWARD
to finalization set forth in Section 15 of the General Instructions to Bidders included in the Bid
Package, on or before this date.
The failure or refusal to comply with the conditions precedent to finalization on or before the
Finalization Date or to execute the Contract on the Finalization Date shall result, at Owner’s
option, in the imposition of liquidated damages and the annulment of this award, or in Owner’s
exercise of any or all equitable remedies Owner may have, all as more specifically set forth in
Sections 8, 15, and 16 of the General Instructions to Bidders.
DATED: ___________________, 20____.
Village of Oak Brook
By: _________________________________
Name
_________________________________
Title
VILLAGE OF OAK BROOK
CONTRACT FOR HERITAGE CENTER MASONRY
RESTORATION PROJECT
VILLAGE OF OAK BROOK
CONTRACT FOR HERITAGE CENTER MASONRY
RESTORATION PROJECT
TABLE OF CONTENTS
Page
ARTICLE I: 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
-i-
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 ........................................................................ 9
4.1 Bonds .......................................................................................................................... 9
4.2 Insurance ..................................................................................................................... 9
4.3 Indemnification ........................................................................................................... 9
ARTICLE V: PAYMENT ....................................................................................................... 9
5.1 Contract Price ............................................................................................................. 9
5.2 Taxes and Benefits ..................................................................................................... 9
5.3 Progress Payments .................................................................................................... 10
A. Payment in Installments ........................................................................................... 10
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
-ii-
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 ............................................................................................. 13
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 ........................................................................................ 15
7.3 No Collusion/Prohibited Interests ............................................................................ 15
7.4 Assignment ............................................................................................................... 15
7.5 Confidential Information .......................................................................................... 15
7.6 No Waiver ................................................................................................................ 16
7.7 No Third Party Beneficiaries .................................................................................... 16
7.8 Notices ...................................................................................................................... 16
7.9 Governing Laws ....................................................................................................... 17
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 ............................................................................................................... 19
7.15 Entire Agreement ...................................................................................................... 19
7.16 Amendments ............................................................................................................. 19
-iii-
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
-iv-
VILLAGE OF OAK BROOK
CONTRACT FOR HERITAGE CENTER MASONRY RESTORATION
PROJECT
In consideration of the mutual promises set forth below, the Village of Oak Brook, 1200
Oak Brook Road, Oak Brook, Illinois, 60523, an Illinois municipal corporation (“Owner”),
and ., a
Corporation (“Contractor”), make this Contract as of , 2017, (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.
-1-
CONTRACT
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.
-2-
CONTRACT
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.
-3-
CONTRACT
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.
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Contractor must take all safety precautions as necessary to comply with all applicable laws and
to prevent injury to persons and damage to property.
Contractor must conduct all of its operations without interruption or interference with
vehicular and pedestrian traffic on public and private rights-of-way, unless it has obtained
permits therefor from the proper authorities. If any public or private right-of-way are rendered
unsafe by Contractor’s operations, Contractor must make such repairs or provide such temporary
ways or guards as are acceptable to the proper authorities.
1.10 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
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under any subcontract is subject to all of the provisions of this Contract in the same manner as if
performed by employees of Contractor. Every reference in this Contract to “Contractor” is
deemed also to refer to all subcontractors and suppliers of Contractor. Every subcontract must
include a provision binding the subcontractor or supplier to all provisions of this Contract.
B. Removal of Subcontractors and Suppliers. If any subcontractor or supplier fails
to perform the part of the Work undertaken by it in a manner satisfactory to Owner, Contractor
must immediately upon notice from Owner terminate such subcontractor or supplier. Contractor
will have no claim for damages, for compensation in excess of the Contract Price, or for a delay
or extension of the Contract Time as a result of any such termination.
1.13 Simultaneous Work By Others
Owner has the right to perform or have performed such other work as Owner may desire
in, about, or near the Work Site during the performance of the Work by Contractor. Contractor
must make every reasonable effort to perform the Work in such manner as to enable both the
Work and such other work to be completed without hindrance or interference from each other.
Contractor must afford Owner and other contractors reasonable opportunity for the execution of
such other work and must properly coordinate the Work with such other work.
1.14 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
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costs for overhead and profit; and (2) such other costs pertaining to the Work, exclusive of
overhead and profit, as Contractor may have reasonably and necessarily incurred as the result of
such termination. Any such payment may be offset by any prior payment or payments and is
subject to Owner’s rights to withhold and deduct as provided in this Contract.
ARTICLE II: CHANGES AND DELAYS
2.1 Changes
Owner has the right, by written order executed by Owner, to make changes in the
Contract, the Work, the Work Site, and the Contract Time (“Change Order”). If any Change
Order causes an increase or decrease in the amount of the Work, an equitable adjustment in the
Contract Price or Contract Time may be made. All claims by Contractor for an equitable
adjustment in either the Contract Price or the Contract Time must be made within two business
days following receipt of such Change Order, and may, if not made prior to such time, be
conclusively deemed to have been waived. No decrease in the amount of the Work caused by
any Change Order will entitle Contractor to make any claim for damages, anticipated profits, or
other compensation.
2.2 Delays
A. Extensions for Unavoidable Delays. For any delay that may result from causes
that could not be avoided or controlled by Contractor, Contractor must, upon timely written
application, be entitled to issuance of a Change Order providing for an extension of the Contract
Time for a period of time equal to the delay resulting from such unavoidable cause. No
extension of the Contract Time will be allowed for any other delay in completion of the Work.
B. No Compensation for Delays . No payment, compensation, damages, or
adjustment of any kind, other than the extension of the Contract Time provided in Subsection
2.2A above, may be made to, or claimed by, Contractor because of hindrances or delays from
any cause in the commencement, prosecution, or completion of the Work, whether caused by
Owner or any other party and whether avoidable or unavoidable.
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
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pay the cost of uncovering, opening, re-inspecting, or re-testing, as the case may be. If such
Work is not in full compliance with this Contract, then Contractor must pay such cost.
C. Correction. Until Final Payment, Contractor must, promptly and without charge,
repair, correct, or replace all or any part of the Work that is defective, damaged, flawed, or
unsuitable or that in any way fails to conform strictly to the requirements of this Contract.
3.2 Warranty of Work
A. Scope of Warranty. Contractor warrants that the Work and all of its components
will be free from defects and flaws in design, workmanship, and materials; must strictly conform
to the requirements of this Contract; and will be fit, sufficient, and suitable for the purposes
expressed in, or reasonably inferred from, this Contract. The warranty herein expressed is in
addition to any other warranties expressed in this Contract, or expressed or implied by law,
which are hereby reserved unto Owner.
B. Repairs; Extension of Warranty. Contractor, promptly and without charge, must
correct any failure to fulfill the above warranty that may be discovered or develop at any time
within one year after Final Payment or such longer period as may be prescribed in Attachment B
or Attachment D to this Contract or by law. The above warranty may be extended automatically
to cover all repaired and replacement parts and labor provided or performed under such warranty
and Contractor’s obligation to correct Work may be extended for a period of one year from the
date of such repair or replacement. The time period established in this Subsection 3.2B relates
only to the specific obligation of Contractor to correct Work and may not be construed to
establish a period of limitation with respect to other obligations that Contractor has under this
Contract.
C. Subcontractor and Supplier Warranties. Whenever Attachment B or Attachment
D requires a subcontractor or supplier to provide a guaranty or warranty, Contractor is solely
responsible for obtaining said guaranty or warranty in form satisfactory to 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.
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ARTICLE IV: FINANCIAL ASSURANCES
4.1 Bonds
Contemporaneous with Contractor’s execution of this Contract, Contractor must provide
a Performance Bond and a Labor and Material Payment Bond, on forms provided by, or
otherwise acceptable to, Owner, from a surety company licensed to do business in the State of
Illinois with a general rating of A and a financial size category of Class X or better in Best’s
Insurance Guide, each in the penal sum of the Contract Price (“Bonds”). Contractor, at all times
while providing, performing, or completing the Work, including, without limitation, at all times
while correcting any failure to meet warranty pursuant to Section 3.2 of this Contract, must
maintain and keep in force, at Contractor’s expense, the Bonds required hereunder.
4.2 Insurance
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 ne gligence 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
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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”).
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 Work”).
B. Punch List and Final Acceptance. The Work may be finally accepted when, and
only when, the whole and all parts thereof have been completed to the satisfaction of Owner in
full compliance with, and as required by or pursuant to, this Contract. Upon receipt of
Contractor’s Notice of Completion, Owner must make a review of the Work and notify
Contractor in writing of all Punch List Work, if any, to be completed or corrected. Following
Contractor’s completion or correction of all Punch List Work, Owner must make another review
of the Work and prepare and deliver to Contractor either a written notice of additional Punch List
Work to be completed or corrected or a written notice of final acceptance of the Work (“Final
Acceptance”).
C. Final 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
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therefrom all charges against Contractor as provided for in this Contract (“Final Payment”).
Final Payment must be made not later than 60 days after Owner approves the Final Pay Request.
The acceptance by Contractor of Final Payment will operate as a full and complete release of
Owner of and from any and all lawsuits, claims, demands, damages, liabilities, losses, and
expenses of, by, or to Contractor for anything done, furnished for, arising out of, relating to, or in
connection with the Work or for or on account of any act or neglect of Owner arising out of,
relating to, or in connection with the Work.
5.5 Liens
A. Title. Nothing in this Contract may be construed as vesting in Contractor any
right of property in any equipment, materials, supplies, and other items provided under this
Contract after they have been installed in, incorporated into, attached to, or affixed to, the Work
or the Work Site. All such equipment, materials, supplies, and other items will, upon being so
installed, incorporated, attached or affixed, become the property of Owner, but such 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
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as may reasonably appear necessary to compensate Owner for any actual or prospective loss due
to: (1) Work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete;
(2) damage for which Contractor is liable under this Contract; (3) state or local sales, use, or
excise taxes from which Owner is exempt; (4) Liens or claims of Lien regardless of merit;
(5) claims of subcontractors, suppliers, or other persons regardless of merit; (6) delay in the
progress or completion of the Work; (7) inability of Contractor to complete the Work; (8) failure
of Contractor to properly complete or document any Pay Request; (9) any other failure of
Contractor to perform any of its obligations under this Contract; or (10) the cost to Owner,
including attorneys’ fees and administrative costs, of correcting any of the aforesaid matters or
exercising any one or more of Owner’s remedies set forth in Section 6.3 of this Contract.
B. Use of Withheld Funds. Owner is entitled to retain any and all amounts withheld
pursuant to Subsection 5.6A above until Contractor has either performed the 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.
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6.2 Contractor’s Remedies
If Owner fails or refuses to satisfy a final demand made by Contractor pursuant to
Section 6.1 of this Contract, or to otherwise resolve the dispute which is the subject of such
demand to the satisfaction of Contractor, within 10 days after receipt of such demand, then
Contractor will be entitled to pursue such remedies, not inconsistent with the provisions of this
Contract, as it may have in law or equity.
6.3 Owner’s Remedies
If it should appear at any time prior to Final Payment that Contractor has failed or refused
to prosecute, or has delayed in the prosecution of, the Work with diligence at a rate that assures
completion of the Work in full compliance with the requirements of this Contract on or before
the Completion Date, or has attempted to assign this Contract or Contractor’s 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
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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 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.
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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.
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.
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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 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:
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.
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CONTRACT
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.
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
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CONTRACT
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.
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.
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CONTRACT
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 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 of Oak Brook
By: _________________________________
Name: _________________________________
Title: _________________________________
Attest:
By: _________________________________
Name: _________________________________
Title: _________________________________
CONTRACTOR
By: _________________________________
Name: _________________________________
Title: _________________________________
Attest:
By: _________________________________
Name: _________________________________
Title: _________________________________
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CONTRACTOR’S CERTIFICATION
STATE OF ILLINOIS )
) SS
COUNTY OF __________ )
CONTRACTOR’S CERTIFICATION
[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 seq.; 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___.
CONTRACTOR
By: _________________________________
Name: _________________________________
Title: _________________________________
Attest:
By: _________________________________
Name: _________________________________
Title: _________________________________
Subscribed and Sworn to before me on ____________________, 20___.
My Commission expires: __________________
____________________________
Notary Public
(SEAL)
VILLAGE OF OAK BROOK
HERITAGE CENTER MASONRY RESTORATION PROJECT
ATTACHMENT A
SUPPLEMENTAL SCHEDULE OF CONTRACT TERMS
[Check applicable boxes and insert required information.]
1. Project:
Provide and install all materials needed for the Heritage Center Masonry Restoration
Project. The general contractor shall provide and install all materials, unless noted
otherwise. The scope of work includes but is not necessarily limited to the following:
Tuck pointing, brick replacement, cleaning of all repaired masonry upon completion
of the repointing work, all scaffolding, building protection, and rigging.
2. Work Site:
1112 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:
Ten (10) days after execution of the Contract by Owner. Village anticipates work to
start on August 1, 2017.
5. Completion Date:
The Village anticipates the work to be completed by October 31, 2017. 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 Coverage:
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
-1-
ATTACHMENT A
acceptable insurance certificates are received and approved by Owner.
Each contractor performing any work pursuant to a contract with Owner and each
permittee working under a permit as required pursuant to the provisions of Title 1 of
Chapter 8 of the Code of Ordinances of the Village of Oak Brook (hereinafter referred to
as "Insured") shall be required to carry such insurance as specified herein. Such contractor
and permittee shall procure and maintain for the duration of the contract or permit
insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work under the contract or permit,
either by the contractor, permittee, or their agents, representatives, employees or
subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability - $2,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage, provided that when the estimated cost
of the work in question does not exceed $25,000, the required limit shall be
$1,000,000;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident
for bodily injury and property damage;
C. Worker's Compensation and Employer's Liability - Worker's Compensation limits
as required by the Labor Code of the State of Illinois and Employer's Liability limits
of $1,000,000 per accident.
Any deductibles or self-insured retention must be declared to and approved by Owner. At
the option of Owner, either the insurer shall reduce or eliminate such deductible or self-
insured retention as respect to Owner, its officers, officials, employees and volunteers; or
the Insured shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses to the extent of such deductible or self-insured
retention.
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
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ATTACHMENT A
insurance or self-insurance maintained by the Owner, its officers, officials,
employees, volunteers or agents shall be in excess of the Insured's insurance
and shall not contribute with it.
(3) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Owner, its officers, officials, employees,
volunteers or agents.
(4) The Insured's insurance shall apply separately to each covered party against
whom claim is made or suit is brought except with respect to the limits of the
insurer's liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Owner, its
officers, officials, employees, volunteers and agents for losses arising from
work performed by the insured for the Owner.
Each insurance policy shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either 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.
-3-
ATTACHMENT A
This insurance must be written with limits not less than the insurable value of
the Work at completion. The insurable value must include the aggregate value
of Owner-furnished equipment and materials to be constructed or installed by
Contractor.
This insurance must include coverage while equipment or materials are in
warehouses, during installation, during testing, and after the Work is
completed, but prior to Final Payment. This insurance must include coverage
while Owner is occupying all or any part of the Work prior to Final Payment
without the need for the insurance company’s consent.
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:
-4-
ATTACHMENT A
Additional Insured Policy or Policies
7. Contract Price:
SCHEDULE OF PRICES
A. LUMP SUM CONTRACT
Provide and install all materials needed for the Heritage Center Masonry Restoration
Project including but not limited to tuck pointing, brick replacement, cleaning of all
repaired masonry upon completion of the repointing work, all scaffolding, building
protection, and rigging as indicated in the specifications, drawings, and described
herein. For providing, performing, and completing Work, the total Contract Price of
(write in numbers):
$
In words
Square Footage Price (as needed/requested) $
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
-5-
ATTACHMENT A
resubmitted until acceptable to Owner. No payment may be made for
any lump sum item until Contractor has submitted, and Owner has
approved, an acceptable Breakdown Schedule.
Owner may require that the approved Breakdown Schedule be revised
based on developments occurring during the provision and performance
of the Work. If Contractor fails to submit a revised Breakdown
Schedule that is acceptable to Owner, Owner will have the right either
to suspend Progress and Final Payments for Lump Sum Work or to
make such Payments based on Owner’s determination of the value of
the Work completed.
(2) Unit Price Items. For all Work to be paid on a unit price basis, the
value of such Work will be determined by Owner on the basis of the
actual number of acceptable units of Unit Price Items installed and
complete in place, multiplied by the applicable Unit Price set forth in
the Schedule of Prices. The actual number of acceptable units installed
and complete in place 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.
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ATTACHMENT B
VILLAGE OF OAK BROOK
HERITAGE CENTER MASONRY RESTORATION PROJECT
ATTACHMENT B
SPECIFICATIONS
PART 1 – GENERAL
1.01 DESCRIPTION
A. Heritage Center (OBS) is a historically significant Georgian Revival building
constructed in 1921. The building is listed on the National Register of Historic
Places and all Work of this Section shall be performed under the guidelines of
the Secretary of the Interior’s Standards for Rehabilitation. The building is
slated for rehabilitation for the Oak Brook Historical Society.
1. It is the intent of this Section that:
a. All repair and replacement materials shall match existing
historic construction in all physical and visual aspects including
color, texture and workmanship.
b. The historic masonry shall be saved to the greatest extent
possible.
c. All work to be performed using the gentlest means available.
d. Sound historical materials shall not be put at risk due to work.
B. The Scope of Work includes masonry restoration.
1. If additional damage beyond that identified by the documents and the
Unit Price Allowances is found, it shall be brought to the attention of
the Project Manager (PM). Do not proceed with additional work until a
Change Order has been issued to perform the additional work.
C. Work includes, but is not limited to the following:
1. Tuck pointing, brick replacement and cleaning of all repaired masonry
upon completion of the repointing work.
2. All scaffolding, building protection and rigging.
-1-
ATTACHMENT B
1.02 REFERENCES
A. Codes: OBS is a qualified historic structure; as such the provisions of the
Illinois Building Code shall apply. All required permits are the responsibility
of the Contractor and shall be acquired prior to proceeding with Work all fees
will be waived.
B. Industry standards:
ASTM C270-04a Mortar for Unit Masonry, Standard
Specifications
ASTM C1489-01 Specification for Lime Putty for Structural
Purposes
ASTM C568 Indiana Limestone Building Stone Standard
C. Repointing mortar shall be prepared per mortar analysis by U.S. Heritage, Inc.
(or approved equal) and in accordance with Preservation Brief #2:
“Repointing Mortar Joints in Historic Masonry Buildings”, Revised edition
October 1998 Published by the National Park Service in compliance with the
guidelines set forth by the Secretary of the Interior’s Standards for
Rehabilitation and as specified herein.
1.03 QUALITY ASSURANCE
A. The intent of this project is to preserve OBS and its historic materials to the
greatest extent possible. The gentlest means possible shall be used to perform
the work and the greatest care shall be taken to ensure that the original brick,
limestone and other historic materials are not damaged during the Work.
B. Due to the historic and architectural significance of OBS, all work of this
Section must be performed by masons familiar with the performance and
characteristics of historic brick masonry and traditional construction. Eligible
contractors for this work must have the following qualifications:
1. Successfully completed not less than three (3) projects of similar size
and scope on historic masonry projects within the last five (5) years.
a. Submit list of historic projects including name, location, cost,
Owner, Architect, Consultant or Engineer’s name and phone
numbers.
2. Project superintendent shall have a minimum of five (5) years
experience and shall have worked on a minimum of three (3) projects
ATTACHMENT B
of similar size and scope for historic buildings.
a. Submit list of historic projects supervised by this
Superintendent including name, location, cost, Owner,
Architect, Consultant or Engineer’s name and phone numbers.
b. Contractor may not change Superintendent without written
approval of Owner.
3. Only skilled journeymen masons who are familiar and experienced
with the materials and methods specified and with the design
requirements for this project shall be used for masonry restoration. A
skilled journeyman mason, trained in historic restoration, shall be
present at all times during masonry restoration and shall personally
direct the work. Journeyman mason shall have a minimum of three (3)
years experience and have worked on a minimum of three (3) historic
masonry structures.
a. Submit list of historic projects performed by Journeymen to
participate in this project, including name, location, cost,
Owner, Architect, Consultant or Engineer’s name and phone
numbers.
4. The ratio of apprentices to journeyman on this project shall not exceed
two (2) apprentices to one (1) journeyman.
5. Certification: All repointing must be performed by a mason trained in
the use of the specified products.
6. Working Advisor Training: Each mason working on the masonry
renovation shall demonstrate successful masonry training that shall
include removal of existing mortar, wall preparation, tool selection, re-
pointing techniques and the installation of the field mock-up sample.
7. The Contractor must demonstrate previous experience working with
historic landmark properties listed on the National Register of Historic
Places or identified as such by a Certified Local Government.
C. Quality Assurance Plan: Prior to commencing Work, submit Quality
Assurance Plan to PM for approval. Do not proceed without written approval
of plan:
1. Indicate methods for surveying original layout and collecting datum
points for brick.
ATTACHMENT B
2. Indicate methods for maintaining original line and levels when resetting
brick.
3. Indicate method for cleaning brick and limestone prior to (and after)
repointing: removing dirt, sealants, cement mortar and concrete smears,
caulk, roofing tar, sealers and paint.
4. Indicate method for removal of mortar joints.
5. Indicate methods of storing, stacking and protecting brick throughout
project.
6. Indicate precautions to be taken against theft and/or vandalism of
stored materials.
7. Indicate methods for accessing pointing work and for protecting
adjacent areas during this work, including adjacent building materials,
landscaping, etc.
8. Indicate methods of mixing and storing pointing mortars.
9. Indicate methods for final pointing, finishing and joint profiles.
10. Indicate methods for removing and replacing damaged Indiana
limestone trim.
11. Indicate methods for patching and repairing Indiana limestone in-situ.
E. Quality Control: The Owner’s Quality Control Representative (PM) shall
review work on a regular basis for conformance with the approved Quality
Assurance Plan.
F. Pre-Construction Conference: Prior to beginning work of this Section,
Contractor shall convene meeting with PM to review the Quality Assurance
Plan, survey and all job conditions and processes.
1.04 SUBMITTALS
A. Test panels:
1. Locate Test Panels as directed by PM.
2. Approved Test Panels will demonstrate quality of materials and
workmanship expected.
a. Prepare, install and finish each sample according to
specifications.
b. Sample must be applied to existing building masonry.
c. Samples shall cure a minimum of 14 days prior to Owner’s
approval.
d. Approval shall be based on a viewing distance of six (6) feet
from wall.
3. Prepare one 4’-0” square Test Panel showing pointing work to be
performed to demonstrate pointing techniques, joint texture and profile.
ATTACHMENT B
4. The PM shall select an area approximately 9 sq. ft. to demonstrate the
cleaning procedure, technique, quality, etc. before beginning full-scale
cleaning operations.
a. Test using the specified application; also test pressure rinsing.
Test area shall dry three (3) days prior to final approval.
5. Approved sample panels shall be maintained for duration of job as a
benchmark of the standard of quality to be achieved.
B. Provide Material Safety Data Sheets (MSDS) as requested by the PM.
C. Certificates (except where the material is labeled with such certification by the
producers of the materials) that all materials supplied comply with all the
requirements of these specifications and the appropriate standards.
D. Quality Assurance Plan: Submit written program as outlined in Section 1.03
Quality Assurance.
E. Certification of training as required herein and by product manufacturers to
maintain warranty.
F. Cleaning Plan: Written description of cleaning process, including materials,
methods, equipment, and sequencing of work.
G. A minimum of three (3) replacement face brick samples and one (1) common
brick sample for inner wythe; (3) Indiana limestone samples (if replacement is
required) in gray (1), buff (1) variegated (1) in similar finish to existing,
H. Provide one (1) sample of lead joint caps for approval.
I. Provide one (1) sample of thru-wall flashing for approval.
J. Obtain new materials for brick patching, and repointing from a single
manufacturer to ensure match of quality, color and texture. Submit samples
for approval.
K. Obtain new materials for limestone patching and replacement from a single
manufacturer to ensure match of quality, color and texture. Submit samples
for approval.
ATTACHMENT B
1.05 SUBSTITUTIONS
A. Substitutions of pointing mortar shall only be allowed only when test data
supports the formulation based on an original material sample. The goal is to
ensure that new materials are compatible with historical materials, and that
standard materials are used throughout the structure to ensure the success of
future maintenance, repairs and restoration.
B. If alternative methods and materials are proposed for any phase of work;
provide written description and program of testing to demonstrate effectiveness
for use on this project. Provide documentation showing compliance with the
requirements for substitutions and the following information:
1. Coordination information, including a list of changes needed to other
work that will be necessary to accommodate the substitution.
2. A comparison of the substitution with the specified products and
methods, including performance, weight, size, durability, and visual
effect.
3. Certification that the substitution conforms to the requirements of the
contract documents and is appropriate for the applications indicated.
C. Materials substitution requests must be accompanied by independent
laboratory tests reports to establish equivalent performance levels and
specifications compliance.
1. Payment for additional testing shall be approved by the Owner prior to
incurring any cost.
1.06 DELIVERY, STORAGE, AND HANDLING
A Deliver materials to site in manufacturer’s original unopened containers and
packaging, bearing labels as to type and names of products and manufacturers.
B. Deliver and store restoration material in manufacturer’s original, unopened
containers with the grade, batch and production date shown on the container or
packaging.
C. Protect all materials during storage and construction from wetting by rain,
snow or ground water, and from staining or intermixture with earth or other
types of materials.
D. Protect mortar and other materials from deterioration by moisture and
temperature. Store in a dry location or in waterproof containers. Keep
ATTACHMENT B
containers tightly closed and away from open flames. Protect all liquid
components from freezing. Comply with manufacturers recommendations for
minimum and maximum temperature requirements for storage.
E. Comply with the manufacturers written specifications and recommendations
for mixing, application, and curing of repointing mortars and patching
materials.
F. Brick Storage:
1. Protect brick during storage and construction against moisture, soiling,
staining, physical damage and theft.
2. Handle brick to prevent chipping, breakage, soiling or other damage.
Do not use pinch or wrecking bars without protecting edges of brick
with wood or other rigid materials.
3. Place and stack pallets of brick to distribute weight evenly and prevent
breakage or cracking.
1.07 PROJECT SITE CONDITIONS
A. Do not perform any masonry repointing unless air temperatures are between
40ºF (10ºC) and 95ºF (32ºC) and will remain so for at least 48 hours after
completion of work.
1. Phase repointing work during hot weather by completing work and
installation of materials during cooler morning or evening hours to
prevent premature evaporation of the mortar.
2. Optimum air temperature is between 40ºF and 80ºF and optimum
temperature should remain so for at least 48 hours after completion of
work. Employ the following procedures if optimum temperatures
cannot be maintained:
a. Air temperature 40ºF to 32ºF: Mortar or mixing water shall be
heated to produce mortar temperatures between 40ºF and 90ºF.
Maintain temperatures of mortar on boards above freezing.
b. Air temperature 32ºF or lower: Area of work must be heated to
raise temperature to a minimum of 40ºF.
B. Do not use frozen materials or materials mixed or coated with ice or frost. Do
not change the freezing point of mortar by the use of admixtures, anti-freeze
agents, or chlorides.
C. Cover partially completed masonry when work is not in progress.
ATTACHMENT B
D. Cleaning:
1. Damage to the existing property caused by the cleaning and restoration
process shall be repaired or replaced at the Contractor’s expense.
E. Spill or Leak Procedures:
1. Contractor shall wear acid-resistant protective clothing including
rubber gloves, rubber boots, chemical goggles, respirator and face
shield. Use NIOSH/MSHH approved respirators for use with acids.
Refer to MSDS for additional precautionary information.
2. Contain spills or leaks, dilute with water and neutralize with soda ash
or lime. Provide adequate ventilation. Allow powdered material to
remain on spill for five to ten minutes and flush thoroughly with water.
Dispose of according to local state and federal regulations. Keep
material out of sewers, storm drains, surface waters and soil.
F. Fire Hazard and Explosion Data:
1. Contact with metals may produce extremely flammable and explosive
hydrogen gas. Read all Manufacturer precautionary measures
carefully.
G. First Aid Instructions:
1. Follow all first aid instructions listed in MSDS. Products may cause
severe burns that are not immediately painful or visible, and require
immediate specialized treatment. Concentrated exposures to large skin
areas, ingestion, and respiratory exposures may be fatal. Onset of burn
symptoms may be delayed as much as 24 hours. DO NOT get in eyes,
on skin, or clothing. Avoid breathing fumes and contact with mucous
membranes.
1.08 PROTECTION
A. Protect the following:
1. Protect persons, motor vehicles, building site and surrounding buildings
from injury resulting from masonry restoration work.
2. Protect sills, ledges, roofing, gutters and projections from mortar
droppings.
3. Prevent repointing mortar from staining the face of masonry or other
surfaces to be left exposed. Immediately remove all repointing mortar
that comes in contact with such surfaces.
4. Damage occurring to the building as a result of work of this section of
ATTACHMENT B
Contractor’s failure to protect against such damage shall be the
Contractor’s responsibility. The contractor shall restore damaged areas
to the complete satisfaction of the PM at no expense to the Owner.
PART 2 – PRODUCTS
2.01 GENERAL
Comply with "Quality Assurance" "References", Specifications, and Manufacturer's
standards and data provisions. Where these may be in conflict, the more stringent
requirements govern.
2.02 MORTAR
A. Brick Setting Mortar and Brick Pointing Mortar shall consist of the following
ingredients:
1. Aggregates: Match the original aggregates i.e., color, particle size,
particle shape, and gradation.
2. Lime Putty: ASTM C1489, lime putty for structural purposes.
3. Water: Clean and potable.
B. Contractor shall be responsible for meeting manufacturer’s recommendations
for storing, mixing and installation of mortar:
1. The setting and repointing mortars shall match the existing face mortar
in color, grain size and texture. The compressive strength of the mortar
shall be equal or less than the compressive strength of the surrounding
brick.
2. Product: Lime putty mortar consisting of lime putty and aggregates as
manufactured by U.S. Heritage Group, Inc. (or approved equal).
3. The mortar shall be custom-blended to match existing mortar and shall
be pre-mixed at the factory and shipped to the site in sealed buckets.
Keep mortar mix in sealed buckets until use. Store in accordance with
manufacturers instructions out of sunlight and keep from freezing.
4. Mixing individual mortar ingredients at the construction site will not be
permitted.
2.03 MASONRY ACCESSORIES
A. Sealant: Sonneborn NP-1® polyurethane (color to be “limestone”) (or approved
equal).
1. Pre-molded Joint Filler (as applicable): Rigid urethane foam, thickness
as recommended by manufacturer based on joint width.
ATTACHMENT B
B. All any replacement steel shall match the original steel in gauge, profile, section
and strength and shall be coated with Tnemec coatings (or approved equal) as
specified.
C. All anchors shall be stainless steel, limestone copings shall be anchored per
Indiana Limestone Institute.
2.04 BRICK REPLACEMENT
All salvaged and new brick shall match existing brick in color, texture and strength;
submit samples, manufacturer’s product information or salvage source.
2.05 INDIANA LIMESTONE REPLACEMENT
All replacement limestone shall be Select Indiana Oolitic Limestone, as quarried in
Lawrence, Monroe, and Owen Counties, Indiana. Gray, buff and variegated samples
shall be submitted for comparison and approval.
2.06 COATINGS
A. {Primer} All steel or metal anchors shall be primed with Tnemec Series 10-99 (red)
primer applied with high-quality synthetic brushes (or approved equal).
B. {Finish} All steel or metal anchors shall be painted with a Tnemec Series 23
Enduratone (color to be specified in writing) finish coat applied with high-quality
synthetic brushes (or approved equal).
2.08 MASONRY CLEANING MATERIALS
A. Acceptable Manufacturer: PROSOCO, Inc., 3741 Greenway Circle, Lawrence,
KS 66046. ASD. Tel: (800) 255-4255 or (785) 865-4200. Fax: (785) 830-9797;
www.prosoco.com. or approved equal.
B. Cleaner for Removing Light to Moderate Atmospheric Staining from Dense
Masonry: PROSOCO Light Duty Restoration Cleaner; clear, gel-liquid (no
flash point) per following:
1. pH: 1.6.
2. Specific Gravity: 1.124.
3. Weight: 9.34 lb/gal.
C. Cleaner for Removing Moderate to Heavy Atmospheric Staining from Dense
Masonry: PROSOCO Restoration Cleaner/Heavy Duty Restoration Cleaner;
ATTACHMENT B
clear liquid, prepared at 1:5 dilution (no flash point) per following:
1. pH: 3.0.
2. Specific Gravity: 1.050.
3. Weight: 8.75 lb/gal.
D. Cleaner for Removing Heavy Soiling from Acid-Sensitive Limestone and
Masonry: PROSOCO Limestone & Masonry Prewash; semi-liquid non-acidic
gel, prepared at 1:5 dilution (no flash point, freeze point: -20ºF) per following :
1. pH: 13.6.
2. Specific Gravity: 1.274.
3. Weight: 10.6 lb/gal.
PART 3 - EXECUTION
3.01 GENERAL
A. Pointing: Rake out setting mortar (1¾”) from face of brick. Repoint with
approved pointing mortar and tool joints as described n Section 3.07 below and
as required for shallow-raked joint.
B. Joints should be pointed in layers or "lifts" where the joints are deeper than
(1¼”). Apply in layers not greater than (½) the depth until a uniform depth is
formed. Compact each layer thoroughly and allow it to become thumbprint
hard before applying the next layer.
C. Follow manufacturer’s recommendation regarding timing of joint tooling. The
joints shall be finished to match a historically appropriate joint profile.
D. Remove all excess mortar from face of brick before it dries; DO NOT damage
in removal of mortar.
3.02 REPOINTING
A. All mortar at joints (unless otherwise noted) shall be removed (raked-out) back to
sound, solid backup material. Raked-out joints shall leave a clean, square face at
the back of the joint to provide for maximum contact of pointing mortar with the
masonry backup mortar. Shallow joints or feather edging shall not be permitted.
Rake out joints to a minimum depth of 2.5 times the width of the existing joint.
The typical 3/8" joint found on OBS must be cut out to a depth of 1" (minimum).
B. Some existing mortar joints have an outer covering, of approximately 1/16” to
⅜” thick hard cement mortar, the original mortar behind is soft.
ATTACHMENT B
1. Removal of cement mortar shall be done in two steps, first cutting the
joint with a power saw or hand chisel and then chiseling remaining
mortar out of the joint by hand. Using a power saw (or hand chisel) cut
the joint at the center using a ⅛” thick by 4” diameter diamond blade
cutting wheel. Use care not to cut stone. The use of cutting wheel will
be permitted in the head joints. Cut joints to the specified depth of 2.5
times width; chisel the remaining mortar by hand taking care not to
strike brick aris (edge).
2. Removal of lime mortar shall be done by hand chisel. Soak the joint
with water to soften the lime mortar. Rake or chisel existing mortar to a
depth of 2.5 times the width of the joint.
C. Contractor shall not widen the existing masonry joints. The surrounding
masonry edges shall not be further spalled or chipped in the process of mortar
removal. Damage to surrounding stone resulting from mortar removal will not
be permitted. Contractor shall replace all brick damaged during mortar
removal with replacement units that match the original.
D. Brush or flush joints with water to remove dirt and loose debris, working from
top to bottom of wall.
E. Exposed surface of brick adjacent to joint shall be wet prior to repointing.
Maintain a water sprayer with misting capabilities on site at all times during
the repointing process.
F. Walls should be presoaked with water prior to repointing.
G. To ensure against drying too fast. Walls shall be misted with water a minimum
of (5) minutes at the end of the day after initial installation and three times per
day minimum – morning, noon and night – for (72) hours following
installation.
H. Rinse joints with water to remove dust and debris. Time the rinsing application
so that at the time of pointing excess water has evaporated off; joint surfaces
should be damp but free of standing water.
I. Mortar shall be mixed according to manufacturer recommendations. The
mortar shall be dry enough to: enable the material to be tightly packed into the
joint, allow for clean work, and prevent shrinkage cracks as the mortar cures.
J. Joints should be pointed in layers or "lifts" where the joints are deeper than
(1¼”). Apply in layers not greater than one half (½) the depth until a uniform
ATTACHMENT B
depth is formed. Compact each layer thoroughly and allow it to become
thumbprint hard before applying the next layer.
K. Keep mortar from drying out too quickly. Protect from direct sun, high winds
for the first (72) hours after installation. The carbonation of lime mortar
requires (9) wet-and-dry cycles after application. If weather conditions permit
the work to dry between mistings, the (9) wet-and-dry cycles can usually be
completed by water misting the repointing work (3) times daily for (3) days.
N. Cleaning: Thoroughly clean brick before mortar removal. Remove dirt, excess
cement mortar, stains and other defacements prior to repointing. Thoroughly
clean the brick after completion of the rebuilding/pointing within the first (4)
days after installation. DO NOT damage brick or mortar during cleaning. Use
only water and stiff nylon brushes changing water frequently. Clean all
exposed surfaces of masonry using materials specified, so that resulting
surfaces have a uniform appearance.
O. When cleaning stains and tough dirt, test masonry for composition and select
appropriate cleaner in accordance with manufacturer's instructions and
recommendations; use cleaner and cleaning methods selected to minimize
damage to surfaces and deterioration of appearance.
P. Clean all exposed surfaces of repointed masonry of excess mortar,
efflorescence, stains and dirt.
3.04 MASONRY CLEANING
A. Masonry Cleaners shall be in accordance with Preservation Brief #1: “The
Cleaning and Waterproof Coating of Masonry Buildings”, and Preservation
Brief #6: "Dangers of Abrasive Cleaning to Historic Buildings” and in
compliance with the Secretary of the Interior’s Standards for Rehabilitation.
B. PREPARATION
1. Protection:
a. Take precautions to avoid harm to building occupants, nearby
foliage, metal and all non-masonry and acid-sensitive surfaces
that may come in contact with cleaners, rinse residues or fumes.
Beware of wind drift, which may injure passersby, damage
vehicles or adjacent properties and divert auto and pedestrian
traffic as required.
b. These products are corrosive, etch glass and architectural
ATTACHMENT B
aluminum and are harmful to wood, painted surfaces and
foliage. Protect surrounding glass, metal, architectural
aluminum, wood, painted surfaces, plant life and all non
masonry or acid-sensitive materials from exposure to cleaning
solutions and fumes.
c. Avoid exposing building occupants to fumes. All windows, air
intakes and exterior air conditioning vents should be covered
(and air handling equipment shut down) throughout the
application process and remain covered until surfaces are
thoroughly dry. Fumes attack glass, metal and all other acid-
sensitive materials.
2. Surface Preparation:
a. DO NOT apply when temperature will drop below freezing in
(24) hour period. Best cleaning results are obtained when air
and masonry surface temperatures are 50°F or above. If
freezing conditions exist prior to application, allow adequate
time for masonry to thaw.
3. Dilution:
a. All material shall be diluted with fresh water before application,
except where noted. When diluting, always pour water into
bucket first, then carefully add product. Acidic materials will
attack metal. Use polyethylene or rubber buckets only.
b. DO NOT alter, mix with chlorine-type bleaches or other
chemicals, or dilute product except as specified on label. DO
NOT remove label. Dispose of emptied containers according to
local, state and federal regulations.
C. STAGING
1. Staging and scaffolding must be well maintained and equipped with
steel cable. Acidic materials will attack nylon, cotton and hemp rope;
use polypropylene ropes and safety lines.
D. APPLICATION – MASONRY CLEANING
1. After protecting all non-masonry surfaces, thoroughly pre-wet the area
to be cleaned with fresh water.
2. Apply the cleaning solution liberally using low-pressure spray (50 psi),
roller or densely filled (tampico) masonry washing brush.
3. Leave the cleaning solution on the surface for (3 to 5) minutes.
Reapply. Light scrubbing improves cleaning results especially if high-
ATTACHMENT B
pressure rinsing equipment isn’t available. Keep away from treated
surfaces. DO NOT let the cleaning solution “dry in” to the masonry –
bleaching may occur.
4. Water rinse with low-pressure, flood rinse to remove initial acidic
residue with minimum risk of wind drift. Then rinse from the bottom
to the top. Flush each section of the surface with a concentrated stream
of water. Keep the wall below wet and rinsed free of cleaner and
residues to avoid streaks.
5. DO NOT apply restoration cleaner with high pressure spray. This
drives the chemicals deep into the surface, making rinse difficult.
Discoloration may result.
E. CLEAN UP & DISPOSAL
1. Clean tools and equipment using fresh water. Note: Thorough rinse is
important to get all surface staining matters and cleaning residues off
the treated surface. Pressure rinsing equipment with (600-1000) psi
and (15º-30º) fan tip is most effective. Older, more delicate masonry
may require restricting water pressure to avoid damage. Containers are
hazardous when empty. Follow all precautionary instructions. Triple
rinse with water and dispose of in a sanitary landfill (check local
restrictions).
3.06 WATER REPELLENTS AND CONSOLIDATION TREATMENTS
DO NOT use.
PART 4 -- SCHEDULES
4.01 NOTIFICATION SCHEDULE
A. The Contractor shall notify the PM for inspection:
1.) Upon commencement and completion of scaffolding installation.
2.) Upon commencement and completion of chimney and gable wall
deconstruction.
3.) Upon completion of exterior masonry reconstruction.
4.) Upon completion of interior masonry reconstruction.
5.) Upon fully prepped joints for repointing in any given area.
6.) Upon completion of repointing in any given area.
7.) (24) hours in advance of masonry cleaning.
4.02 PRODUCTION SCHEDULE
A. Upon signing the Contract and receipt of deposit, Contractor shall create a
ATTACHMENT B
proposed production schedule for all work to be submitted within (7) days for
completion of all work by November 20, 2009 for each gable end wall and
chimney.
4.03 PAYMENT SCHEDULE
A. All work and services shall be completed in a timely manner according to the
production schedule mutually agreed upon by the parties. The Contractor may
request progress payments of no less than 10% as the Work is completed. Final
payment will be made within thirty (30) days after the Work is completed,
scaffolding removed, and final clean up of the job site, and upon acceptance of
completion by the PM. Payments may be withheld on account of 1) defective Work
not remedied, 2) claims filed by third parties, 3) failure of the Contractor to make
payments properly to approved subcontractors or for labor, materials or equipment,
4) reasonable evidence that the Work cannot be completed for the unpaid balance of
the Contract Sum, 5) property damage, 6) reasonable evidence that the Work will not
be adequate to cover actual or liquidated damages for the anticipated delay, or 7)
persistent failure to carry out the Work in accordance with the Contract Documents.
ATTACHMENT C
VILLAGE OF OAK BROOK
HERITAGE CENTER MASONRY RESTORATION PROJECT
ATTACHMENT C
DRAWINGS
-1-
ATTACHMENT C
ATTACHMENT D
VILLAGE OF OAK BROOK
HERITAGE CENTER MASONRY RESTORATION PROJECT
ATTACHMENT D
SPECIAL PROJECT REQUIREMENTS
1. Contractor shall have five (5) years of experience which is comparable in type and scope
to this project.
2. Work hours are 7:00 a.m. to 4:30 p.m. Monday through Friday. Any deviation is subject
to the approval of the Village representative.
3. The project will be done on consecutive work days, excluding weekends and holidays
observed by the Village, until completed, delays only to inclement weather.
4. Contractor is required to obtain all necessary permits from the Village of Oak Brook, and
schedule required inspections through Community Development.
5. The Contractor shall supply to the Village, phone numbers where he/she can be reached
after normal working hours.
6. The Contractor must submit all manufacturers’ literature on all materials that will be used
on this project, including M.S.D.S. (Material Safety Data Sheets) prior to any work
beginning.
7. A storage location for supplies, ladders and scaffolding shall be mutually agreed upon
between the Village and the contractor before any material is stored on site. The
Contractor must deliver material with manufacturers labels intact and legible, store
material on raised platforms and cover material with protective covering.
8. Before work is started, Contractor must deliver to the job site sufficient material to
complete the project.
9. If a dumpster is required, the location of the dumpster placement shall be mutually agreed
upon between the Village and the contractor.
10. All ladders and scaffolding shall be maintained in prior working order during the course
of this project and shall be secured at the end of each workday.
11. Contractor must provide barricades to ensure that falling debris will not injure anyone,
and to prevent public access to the work area at all times. Yellow “CAUTION” tape will
be placed below the immediate work areas of laborers and scaffolds to warn the public of
people working overhead.
ATTACHMENT D
12. At all times, Contractor must keep the work and storage areas in a clean, orderly, and a
picked up manner, to prevent debris from blowing. Clean adjoining streets and immediate
vicinity at the end of each work day. Sidewalks, windowsills, roofs and other work areas
will be broom swept to remove all debris. Daily material and debris not placed into
dumpster will be removed from the site.
13. Upon completion of the project the work area shall be cleaned. All debris and remaining
material and supplies shall be removed from the jobsite, including the dumpster within 72
hours of completion.
14. Upon completion the Contractor shall supply a one year warranty covering material and
workmanship; contractor shall submit sample warranty with bid.
VILLAGE OF OAK BROOK
HERITAGE CENTER MASONRY RESTORATION PROJECT
APPENDIX 1
PREVAILING WAGES
Cook County Prevailing Wage for July 2015
(See explanation of column headings at bottom of wages)
Trade Name RG TYP C Base FRMAN M-F>8 OSA OSH H/W Pensn Vac
Trng
==================== == === = ====== ====== ===== === === ===== ===== =====
=====
ASBESTOS ABT-GEN ALL 39.400 39.950 1.5 1.5 2.0 13.98 10.72 0.000
0.500
ASBESTOS ABT-MEC BLD 36.340 38.840 1.5 1.5 2.0 11.47 10.96 0.000
0.720
BOILERMAKER BLD 47.070 51.300 2.0 2.0 2.0 6.970 18.13 0.000
0.400
BRICK MASON BLD 43.780 48.160 1.5 1.5 2.0 10.05 14.43 0.000
1.030
CARPENTER ALL 44.350 46.350 1.5 1.5 2.0 11.79 16.39 0.000
0.630
CEMENT MASON ALL 43.750 45.750 2.0 1.5 2.0 13.05 14.45 0.000
0.480
CERAMIC TILE FNSHER BLD 36.810 0.000 1.5 1.5 2.0 10.55 9.230 0.000
0.770
COMM. ELECT. BLD 40.000 42.800 1.5 1.5 2.0 8.670 12.57 1.100
0.750
ELECTRIC PWR EQMT OP ALL 46.100 51.100 1.5 1.5 2.0 10.76 14.87 0.000
0.460
ELECTRIC PWR GRNDMAN ALL 37.050 52.500 1.5 2.0 2.0 8.630 12.28 0.000
0.370
ELECTRIC PWR LINEMAN ALL 47.500 52.500 1.5 2.0 1.5 11.06 15.75 0.000
0.480
ELECTRICIAN ALL 45.000 48.000 1.5 1.5 2.0 13.83 15.27 0.000
1.000
ELEVATOR CONSTRUCTOR BLD 50.800 57.150 2.0 2.0 2.0 13.57 14.21 4.060
0.600
FENCE ERECTOR ALL 37.340 39.340 1.5 1.5 2.0 13.05 12.06 0.000
0.300
GLAZIER BLD 40.500 42.000 1.5 2.0 2.0 13.14 16.99 0.000
0.940
HT/FROST INSULATOR BLD 48.450 50.950 1.5 1.5 2.0 11.47 12.16 0.000
0.720
IRON WORKER ALL 44.200 46.200 2.0 2.0 2.0 13.65 21.14 0.000
0.350
APPENDIX 1
LABORER ALL 39.200 39.950 1.5 1.5 2.0 13.98 10.72 0.000
0.500
LATHER ALL 44.350 46.350 1.5 1.5 2.0 13.29 16.39 0.000
0.630
MACHINIST BLD 45.350 47.850 1.5 1.5 2.0 7.260 8.950 1.850
0.000
MARBLE FINISHERS ALL 32.400 34.320 1.5 1.5 2.0 10.05 13.75 0.000
0.620
MARBLE MASON BLD 43.030 47.330 1.5 1.5 2.0 10.05 14.10 0.000
0.780
MATERIAL TESTER I ALL 29.200 0.000 1.5 1.5 2.0 13.98 10.72 0.000
0.500
MATERIALS TESTER II ALL 34.200 0.000 1.5 1.5 2.0 13.98 10.72 0.000
0.500
MILLWRIGHT ALL 44.350 46.350 1.5 1.5 2.0 13.29 16.39 0.000
0.630
OPERATING ENGINEER BLD 1 48.100 52.100 2.0 2.0 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER BLD 2 46.800 52.100 2.0 2.0 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER BLD 3 44.250 52.100 2.0 2.0 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER BLD 4 42.500 52.100 2.0 2.0 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER BLD 5 51.850 52.100 2.0 2.0 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER BLD 6 49.100 52.100 2.0 2.0 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER BLD 7 51.100 52.100 2.0 2.0 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER FLT 1 53.600 53.600 1.5 1.5 2.0 17.10 11.80 1.900
1.250
OPERATING ENGINEER FLT 2 52.100 53.600 1.5 1.5 2.0 17.10 11.05 1.900
1.250
OPERATING ENGINEER FLT 3 46.400 53.600 1.5 1.5 2.0 17.10 11.80 1.900
1.250
OPERATING ENGINEER FLT 4 38.550 53.600 1.5 1.5 2.0 17.10 11.80 1.900
1.250
OPERATING ENGINEER FLT 5 55.100 53.600 1.5 1.5 2.0 17.10 11.80 1.900
1.250
OPERATING ENGINEER FLT 6 35.000 35.000 1.5 1.5 2.0 16.60 11.05 1.900
1.250
OPERATING ENGINEER HWY 1 46.300 50.300 1.5 1.5 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER HWY 2 45.750 50.300 1.5 1.5 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER HWY 3 43.700 50.300 1.5 1.5 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER HWY 4 42.300 50.300 1.5 1.5 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER HWY 5 41.100 50.300 1.5 1.5 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER HWY 6 49.300 50.300 1.5 1.5 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER HWY 7 47.300 50.300 1.5 1.5 2.0 17.55 12.65 1.900
1.250
APPENDIX 1
ORNAMNTL IRON WORKER ALL 45.000 47.500 2.0 2.0 2.0 13.55 17.94 0.000
0.650
PAINTER ALL 41.750 46.500 1.5 1.5 1.5 11.50 11.10 0.000
0.770
PAINTER SIGNS BLD 33.920 38.090 1.5 1.5 1.5 2.600 2.710 0.000
0.000
PILEDRIVER ALL 44.350 46.350 1.5 1.5 2.0 13.29 16.39 0.000
0.630
PIPEFITTER BLD 46.000 49.000 1.5 1.5 2.0 9.000 15.85 0.000
1.780
PLASTERER BLD 43.430 46.040 1.5 1.5 2.0 13.05 14.43 0.000
1.020
PLUMBER BLD 46.650 48.650 1.5 1.5 2.0 13.18 11.46 0.000
0.880
ROOFER BLD 41.000 44.000 1.5 1.5 2.0 8.280 10.54 0.000
0.530
SHEETMETAL WORKER BLD 42.230 45.610 1.5 1.5 2.0 10.53 20.68 0.000
0.720
SIGN HANGER BLD 31.310 33.810 1.5 1.5 2.0 4.850 3.280 0.000
0.000
SPRINKLER FITTER BLD 49.200 51.200 1.5 1.5 2.0 11.75 9.650 0.000
0.550
STEEL ERECTOR ALL 42.070 44.070 2.0 2.0 2.0 13.45 19.59 0.000
0.350
STONE MASON BLD 43.780 48.160 1.5 1.5 2.0 10.05 14.43 0.000
1.030
SURVEY WORKER -> NOT IN EFFECT ALL 37.000 37.750 1.5 1.5 2.0
12.97 9.930 0.000 0.500
TERRAZZO FINISHER BLD 38.040 0.000 1.5 1.5 2.0 10.55 11.22 0.000
0.720
TERRAZZO MASON BLD 41.880 44.880 1.5 1.5 2.0 10.55 12.51 0.000
0.940
TILE MASON BLD 43.840 47.840 1.5 1.5 2.0 10.55 11.40 0.000
0.990
TRAFFIC SAFETY WRKR HWY 32.750 34.350 1.5 1.5 2.0 6.550 6.450 0.000
0.500
TRUCK DRIVER E ALL 1 35.480 35.680 1.5 1.5 2.0 8.350 10.50 0.000
0.150
TRUCK DRIVER E ALL 2 34.100 34.500 1.5 1.5 2.0 8.150 8.500 0.000
0.150
TRUCK DRIVER E ALL 3 34.300 34.500 1.5 1.5 2.0 8.150 8.500 0.000
0.150
TRUCK DRIVER E ALL 4 34.500 34.500 1.5 1.5 2.0 8.150 8.500 0.000
0.150
TRUCK DRIVER W ALL 1 35.600 35.800 1.5 1.5 1.5 8.250 9.140 0.000
0.150
TRUCK DRIVER W ALL 2 32.700 33.100 1.5 1.5 2.0 6.500 4.350 0.000
0.000
TRUCK DRIVER W ALL 3 32.900 33.100 1.5 1.5 2.0 6.500 4.350 0.000
0.000
TRUCK DRIVER W ALL 4 33.100 33.100 1.5 1.5 2.0 6.500 4.350 0.000
0.000
TUCKPOINTER BLD 43.800 44.800 1.5 1.5 2.0 8.280 13.49 0.000
0.670
Legend: RG (Region)
TYP (Trade Type - All,Highway,Building,Floating,Oil & Chip,Rivers)
APPENDIX 1
C (Class)
Base (Base Wage Rate)
FRMAN (Foreman Rate)
M-F>8 (OT required for any hour greater than 8 worked each day, Mon through Fri.
OSA (Overtime (OT) is required for every hour worked on Saturday)
OSH (Overtime is required for every hour worked on Sunday and Holidays)
H/W (Health & Welfare Insurance)
Pensn (Pension)
Vac (Vacation)
Trng (Training)
Explanations
COOK COUNTY
The following list is considered as those days for which holiday rates
of wages for work performed apply: New Years Day, Memorial Day,
Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and
Veterans Day in some classifications/counties. Generally, any of
these holidays which fall on a Sunday is celebrated on the following
Monday. This then makes work performed on that Monday payable at the
appropriate overtime rate for holiday pay. Common practice in a given
local may alter certain days of celebration. If in doubt, please
check with IDOL.
TRUCK DRIVERS (WEST) - That part of the county West of Barrington
Road.
EXPLANATION OF CLASSES
ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous
materials from any place in a building, including mechanical systems
where those mechanical systems are to be removed. This includes the
removal of asbestos materials/mold and hazardous materials from
ductwork or pipes in a building when the building is to be demolished
at the time or at some close future date.
ASBESTOS - MECHANICAL - removal of asbestos material from mechanical
systems, such as pipes, ducts, and boilers, where the mechanical
systems are to remain.
CERAMIC TILE FINISHER
The grouting, cleaning, and polishing of all classes of tile, whether
for interior or exterior purposes, all burned, glazed or unglazed
products; all composition materials, granite tiles, warning detectable
tiles, cement tiles, epoxy composite materials, pavers, glass,
mosaics, fiberglass, and all substitute materials, for tile made in
tile-like units; all mixtures in tile like form of cement, metals, and
other materials that are for and intended for use as a finished floor
surface, stair treads, promenade roofs, walks, walls, ceilings,
swimming pools, and all other places where tile is to form a finished
interior or exterior. The mixing of all setting mortars including but
not limited to thin-set mortars, epoxies, wall mud, and any other
sand and cement mixtures or adhesives when used in the preparation,
installation, repair, or maintenance of tile and/or similar materials.
The handling and unloading of all sand, cement, lime, tile,
fixtures, equipment, adhesives, or any other materials to be used in
the preparation, installation, repair, or maintenance of tile and/or
similar materials. Ceramic Tile Finishers shall fill all joints and
APPENDIX 1
voids regardless of method on all tile work, particularly and
especially after installation of said tile work. Application of any
and all protective coverings to all types of tile installations
including, but not be limited to, all soap compounds, paper products,
tapes, and all polyethylene coverings, plywood, masonite, cardboard,
and any new type of products that may be used to protect tile
installations, Blastrac equipment, and all floor scarifying equipment
used in preparing floors to receive tile. The clean up and removal of
all waste and materials. All demolition of existing tile floors and
walls to be re-tiled.
COMMUNICATIONS ELECTRICIAN
Installation, operation, inspection, maintenance, repair and service
of radio, television, recording, voice sound vision production and
reproduction, telephone and telephone interconnect, facsimile, data
apparatus, coaxial, fibre optic and wireless equipment, appliances and
systems used for the transmission and reception of signals of any
nature, business, domestic, commercial, education, entertainment, and
residential purposes, including but not limited to, communication and
telephone, electronic and sound equipment, fibre optic and data
communication systems, and the performance of any task directly
related to such installation or service whether at new or existing
sites, such tasks to include the placing of wire and cable and
electrical power conduit or other raceway work within the equipment
room and pulling wire and/or cable through conduit and the
installation of any incidental conduit, such that the employees
covered hereby can complete any job in full.
MARBLE FINISHER
Loading and unloading trucks, distribution of all materials (all
stone, sand, etc.), stocking of floors with material, performing all
rigging for heavy work, the handling of all material that may be
needed for the installation of such materials, building of
scaffolding, polishing if needed, patching, waxing of material if
damaged, pointing up, caulking, grouting and cleaning of marble,
holding water on diamond or Carborundum blade or saw for setters
cutting, use of tub saw or any other saw needed for preparation of
material, drilling of holes for wires that anchor material set by
setters, mixing up of molding plaster for installation of material,
mixing up thin set for the installation of material, mixing up of sand
to cement for the installation of material and such other work as may
be required in helping a Marble Setter in the handling of all
material in the erection or installation of interior marble, slate,
travertine, art marble, serpentine, alberene stone, blue stone,
granite and other stones (meaning as to stone any foreign or domestic
materials as are specified and used in building interiors and
exteriors and customarily known as stone in the trade), carrara,
sanionyx, vitrolite and similar opaque glass and the laying of all
marble tile, terrazzo tile, slate tile and precast tile, steps, risers
treads, base, or any other materials that may be used as substitutes
for any of the aforementioned materials and which are used on interior
and exterior which are installed in a similar manner.
MATERIAL TESTER I: Hand coring and drilling for testing of materials;
field inspection of uncured concrete and asphalt.
APPENDIX 1
MATERIAL TESTER II: Field inspection of welds, structural steel,
fireproofing, masonry, soil, facade, reinforcing steel, formwork,
cured concrete, and concrete and asphalt batch plants; adjusting
proportions of bituminous mixtures.
OPERATING ENGINEER - BUILDING
Class 1. Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with
Caisson Attachment; Batch Plant; Benoto (requires Two Engineers);
Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant;
Combination Back Hoe Front End-loader Machine; Compressor and Throttle
Valve; Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete
Conveyor (Truck Mounted); Concrete Paver Over 27E cu. ft; Concrete
Paver 27E cu. ft. and Under: Concrete Placer; Concrete Placing Boom;
Concrete Pump (Truck Mounted); Concrete Tower; Cranes, All; Cranes,
Hammerhead; Cranes, (GCI and similar Type); Creter Crane; Spider
Crane; Crusher, Stone, etc.; Derricks, All; Derricks, Traveling;
Formless Curb and Gutter Machine; Grader, Elevating; Grouting
Machines; Heavy Duty Self-Propelled Transporter or Prime Mover;
Highlift Shovels or Front Endloader 2-1/4 yd. and over; Hoists,
Elevators, outside type rack and pinion and similar machines; Hoists,
One, Two and Three Drum; Hoists, Two Tugger One Floor; Hydraulic
Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment);
Locomotives, All; Motor Patrol; Lubrication Technician; Manipulators;
Pile Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump
Cretes Dual Ram; Pump Cretes: Squeeze Cretes-Screw Type Pumps; Gypsum
Bulker and Pump; Raised and Blind Hole Drill; Roto Mill Grinder;
Scoops - Tractor Drawn; Slip-Form Paver; Straddle Buggies; Operation
of Tie Back Machine; Tournapull; Tractor with Boom and Side Boom;
Trenching Machines.
Class 2. Boilers; Broom, All Power Propelled; Bulldozers; Concrete
Mixer (Two Bag and Over); Conveyor, Portable; Forklift Trucks;
Highlift Shovels or Front Endloaders under 2-1/4 yd.; Hoists,
Automatic; Hoists, Inside Elevators; Hoists, Sewer Dragging Machine;
Hoists, Tugger Single Drum; Laser Screed; Rock Drill (Self-Propelled);
Rock Drill (Truck Mounted); Rollers, All; Steam Generators; Tractors,
All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame.
Class 3. Air Compressor; Combination Small Equipment Operator;
Generators; Heaters, Mechanical; Hoists, Inside Elevators (remodeling
or renovation work); Hydraulic Power Units (Pile Driving, Extracting,
and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 300
ft.); Low Boys; Pumps, Well Points; Welding Machines (2 through 5);
Winches, 4 Small Electric Drill Winches.
Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick
Forklift.
Class 5. Assistant Craft Foreman.
Class 6. Gradall.
Class 7. Mechanics; Welders.
APPENDIX 1
OPERATING ENGINEERS - HIGHWAY CONSTRUCTION
Class 1. Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt
Heater Scarfire; Asphalt Spreader; Autograder/GOMACO or other similar
type machines: ABG Paver; Backhoes with Caisson Attachment; Ballast
Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi-Mix
Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe
Bucket or over or with attachments); Concrete Breaker (Truck
Mounted); Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete
Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Tower
Cranes of all types: Creter Crane: Spider Crane; Crusher, Stone, etc.;
Derricks, All; Derrick Boats; Derricks, Traveling; Dredges;
Elevators, Outside type Rack & Pinion and Similar Machines; Formless
Curb and Gutter Machine; Grader, Elevating; Grader, Motor Grader,
Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard
Rail Post Driver Truck Mounted; Hoists, One, Two and Three Drum; Heavy
Duty Self-Propelled Transporter or Prime Mover; Hydraulic Backhoes;
Backhoes with shear attachments up to 40' of boom reach; Lubrication
Technician; Manipulators; Mucking Machine; Pile Drivers and Skid Rig;
Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid
Rig; Rock Drill - Truck Mounted; Rock/Track Tamper; Roto Mill
Grinder; Slip-Form Paver; Snow Melters; Soil Test Drill Rig (Truck
Mounted); Straddle Buggies; Hydraulic Telescoping Form (Tunnel);
Operation of Tieback Machine; Tractor Drawn Belt Loader; Tractor
Drawn Belt Loader (with attached pusher - two engineers); Tractor with
Boom; Tractaire with Attachments; Traffic Barrier Transfer Machine;
Trenching; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole
Drills (Tunnel Shaft); Underground Boring and/or Mining Machines 5
ft. in diameter and over tunnel, etc; Underground Boring and/or Mining
Machines under 5 ft. in diameter; Wheel Excavator; Widener (APSCO).
Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve;
Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front
Endloader Machine (Less than 1 cu. yd. Backhoe Bucket or over or with
attachments); Compressor and Throttle Valve; Compressor, Common
Receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding
Machine; Concrete Mixer or Paver 7S Series to and including 27 cu.
ft.; Concrete Spreader; Concrete Curing Machine, Burlap Machine,
Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck
Cars (Haglund or Similar Type); Drills, All; Finishing Machine -
Concrete; Highlift Shovels or Front Endloader; Hoist - Sewer Dragging
Machine; Hydraulic Boom Trucks (All Attachments); Hydro-Blaster; Hydro
Excavating (excluding hose work); Laser Screed; All Locomotives,
Dinky; Off-Road Hauling Units (including articulating) Non
Self-Loading Ejection Dump; Pump Cretes: Squeeze Cretes - Screw Type
Pumps, Gypsum Bulker and Pump; Roller, Asphalt; Rotary Snow Plows;
Rototiller, Seaman, etc., self-propelled; Self-Propelled Compactor;
Spreader - Chip - Stone, etc.; Scraper - Single/Twin Engine/Push and
Pull; Scraper - Prime Mover in Tandem (Regardless of Size); Tractors
pulling attachments, Sheeps Foot, Disc, Compactor, etc.; Tug Boats.
Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender;
Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over);
Conveyor, Portable; Farm-Type Tractors Used for Mowing, Seeding, etc.;
Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, All
Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Low Boys; Pipe
APPENDIX 1
Jacking Machines; Post-Hole Digger; Power Saw, Concrete Power Driven;
Pug Mills; Rollers, other than Asphalt; Seed and Straw Blower; Steam
Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats;
Tamper-Form-Motor Driven.
Class 4. Air Compressor; Combination - Small Equipment Operator;
Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic
Power Unit (Pile Driving, Extracting, or Drilling); Light Plants, All
(1 through 5); Pumps, over 3" (1 to 3 not to exceed a total of 300
ft.); Pumps, Well Points; Vacuum Trucks (excluding hose work); Welding
Machines (2 through 5); Winches, 4 Small Electric Drill Winches.
Class 5. SkidSteer Loader (all); Brick Forklifts; Oilers.
Class 6. Field Mechanics and Field Welders
Class 7. Dowell Machine with Air Compressor; Gradall and machines of
like nature.
OPERATING ENGINEER - FLOATING
Class 1. Craft Foreman; Master Mechanic; Diver/Wet Tender; Engineer;
Engineer (Hydraulic Dredge).
Class 2. Crane/Backhoe Operator; Boat Operator with towing
endorsement; Mechanic/Welder; Assistant Engineer (Hydraulic Dredge);
Leverman (Hydraulic Dredge); Diver Tender.
Class 3. Deck Equipment Operator, Machineryman, Maintenance of Crane
(over 50 ton capacity) or Backhoe (115,000 lbs. or more); Tug/Launch
Operator; Loader/Dozer and like equipment on Barge, Breakwater Wall,
Slip/Dock, or Scow, Deck Machinery, etc.
Class 4. Deck Equipment Operator, Machineryman/Fireman (4 Equipment
Units or More); Off Road Trucks; Deck Hand, Tug Engineer, Crane
Maintenance (50 Ton Capacity and Under) or Backhoe Weighing (115,000
pounds or less); Assistant Tug Operator.
Class 5. Friction or Lattice Boom Cranes.
Class 6. ROV Pilot, ROV Tender
SURVEY WORKER - Operated survey equipment including data collectors,
G.P.S. and robotic instruments, as well as conventional levels and
transits.
TERRAZZO FINISHER
The handling of sand, cement, marble chips, and all other materials
that may be used by the Mosaic Terrazzo Mechanic, and the mixing,
grinding, grouting, cleaning and sealing of all Marble, Mosaic, and
Terrazzo work, floors, base, stairs, and wainscoting by hand or
machine, and in addition, assisting and aiding Marble, Masonic, and
Terrazzo Mechanics.
TRAFFIC SAFETY
APPENDIX 1
Work associated with barricades, horses and drums used to reduce lane
usage on highway work, the installation and removal of temporary lane
markings, and the installation and removal of temporary road signs.
TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION - EAST & WEST
Class 1. Two or three Axle Trucks. A-frame Truck when used for
transportation purposes; Air Compressors and Welding Machines,
including those pulled by cars, pick-up trucks and tractors;
Ambulances; Batch Gate Lockers; Batch Hopperman; Car and Truck
Washers; Carry-alls; Fork Lifts and Hoisters; Helpers; Mechanics
Helpers and Greasers; Oil Distributors 2-man operation; Pavement
Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors;
Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2-man operation;
Slurry Truck Conveyor Operation, 2 or 3 man; Teamsters; Unskilled
Dumpman; and Truck Drivers hauling warning lights, barricades, and
portable toilets on the job site.
Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards;
Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or
Turnatrailers when pulling other than self-loading equipment or
similar equipment under 16 cubic yards; Mixer Trucks under 7 yards;
Ready-mix Plant Hopper Operator, and Winch Trucks, 2 Axles.
Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over;
Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or
turnapulls when pulling other than self-loading equipment or similar
equipment over 16 cubic yards; Explosives and/or Fission Material
Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit;
Oil Distributors, 1-man operation; Pole Trailer, over 40 feet; Pole
and Expandable Trailers hauling material over 50 feet long; Slurry
trucks, 1-man operation; Winch trucks, 3 axles or more;
Mechanic--Truck Welder and Truck Painter.
Class 4. Six axle trucks; Dual-purpose vehicles, such as mounted
crane trucks with hoist and accessories; Foreman; Master Mechanic;
Self-loading equipment like P.B. and trucks with scoops on the front.
Other Classifications of Work:
For definitions of classifications not otherwise set out, the
Department generally has on file such definitions which are
available. If a task to be performed is not subject to one of the
classifications of pay set out, the Department will upon being
contacted state which neighboring county has such a classification and
provide such rate, such rate being deemed to exist by reference in
this document. If no neighboring county rate applies to the task,
the Department shall undertake a special determination, such special
determination being then deemed to have existed under this
determination. If a project requires these, or any classification not
listed, please contact IDOL at 217-782-1710 for wage rates or
clarifications.
LANDSCAPING
Landscaping work falls under the existing classifications for laborer,
operating engineer and truck driver. The work performed by
APPENDIX 1
landscape plantsman and landscape laborer is covered by the existing
classification of laborer. The work performed by landscape operators
(regardless of equipment used or its size) is covered by the
classifications of operating engineer. The work performed by
landscape truck drivers (regardless of size of truck driven) is
covered by the classifications of truck driver.
MATERIAL TESTER & MATERIAL TESTER/INSPECTOR I AND II
Notwithstanding the difference in the classification title, the
classification entitled "Material Tester I" involves the same job
duties as the classification entitled "Material Tester/Inspector I".
Likewise, the classification entitled "Material Tester II" involves
the same job duties as the classification entitled "Material
Du Page County Prevailing Wage for July 2015
(See explanation of column headings at bottom of wages)
Trade Name RG TYP C Base FRMAN M-F>8 OSA OSH H/W Pensn Vac
Trng
==================== == === = ====== ====== ===== === === ===== ===== =====
=====
ASBESTOS ABT-GEN ALL 39.400 39.950 1.5 1.5 2.0 13.98 10.72 0.000
0.500
ASBESTOS ABT-MEC BLD 36.340 38.840 1.5 1.5 2.0 11.47 10.96 0.000
0.720
BOILERMAKER BLD 47.070 51.300 2.0 2.0 2.0 6.970 18.13 0.000
0.400
BRICK MASON BLD 43.780 48.160 1.5 1.5 2.0 10.05 14.43 0.000
1.030
CARPENTER ALL 44.350 46.350 1.5 1.5 2.0 13.29 16.39 0.000
0.630
CEMENT MASON ALL 43.750 45.750 2.0 1.5 2.0 13.05 14.45 0.000
0.480
CERAMIC TILE FNSHER BLD 36.810 0.000 1.5 1.5 2.0 10.55 9.230 0.000
0.770
COMMUNICATION TECH BLD 32.650 34.750 1.5 1.5 2.0 9.550 15.16 1.250
0.610
ELECTRIC PWR EQMT OP ALL 37.890 51.480 1.5 1.5 2.0 5.000 11.75 0.000
0.380
ELECTRIC PWR EQMT OP HWY 39.220 53.290 1.5 1.5 2.0 5.000 12.17 0.000
0.390
ELECTRIC PWR GRNDMAN ALL 29.300 51.480 1.5 1.5 2.0 5.000 9.090 0.000
0.290
ELECTRIC PWR GRNDMAN HWY 30.330 53.290 1.5 1.5 2.0 5.000 9.400 0.000
0.300
ELECTRIC PWR LINEMAN ALL 45.360 51.480 1.5 1.5 2.0 5.000 14.06 0.000
0.450
ELECTRIC PWR LINEMAN HWY 46.950 53.290 1.5 1.5 2.0 5.000 14.56 0.000
0.470
ELECTRIC PWR TRK DRV ALL 30.340 51.480 1.5 1.5 2.0 5.000 9.400 0.000
0.300
ELECTRIC PWR TRK DRV HWY 31.400 53.290 1.5 1.5 2.0 5.000 9.730 0.000
0.310
ELECTRICIAN BLD 38.160 41.980 1.5 1.5 2.0 9.550 18.29 4.680
0.680
APPENDIX 1
ELEVATOR CONSTRUCTOR BLD 50.800 57.150 2.0 2.0 2.0 13.57 14.21 4.060
0.600
FENCE ERECTOR NE ALL 37.340 39.340 1.5 1.5 2.0 13.05 12.06 0.000
0.300
FENCE ERECTOR W ALL 45.060 48.660 2.0 2.0 2.0 10.52 20.76 0.000
0.700
GLAZIER BLD 40.500 42.000 1.5 2.0 2.0 13.14 16.99 0.000
0.940
HT/FROST INSULATOR BLD 48.450 50.950 1.5 1.5 2.0 11.47 12.16 0.000
0.720
IRON WORKER E ALL 44.200 46.200 2.0 2.0 2.0 13.65 21.14 0.000
0.350
IRON WORKER W ALL 45.060 48.660 2.0 2.0 2.0 10.52 20.76 0.000
0.700
LABORER ALL 39.200 39.950 1.5 1.5 2.0 13.98 10.72 0.000
0.500
LATHER ALL 44.350 46.350 1.5 1.5 2.0 13.29 16.39 0.000
0.630
MACHINIST BLD 45.350 47.850 1.5 1.5 2.0 7.260 8.950 1.850
0.000
MARBLE FINISHERS ALL 31.400 32.970 1.5 1.5 2.0 9.850 13.10 0.000
0.600
MARBLE MASON BLD 43.030 47.330 1.5 1.5 2.0 10.05 14.10 0.000
0.780
MATERIAL TESTER I ALL 29.200 0.000 1.5 1.5 2.0 13.98 10.72 0.000
0.500
MATERIALS TESTER II ALL 34.200 0.000 1.5 1.5 2.0 13.98 10.72 0.000
0.500
MILLWRIGHT ALL 44.350 46.350 1.5 1.5 2.0 13.29 16.39 0.000
0.630
OPERATING ENGINEER BLD 1 48.100 52.100 2.0 2.0 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER BLD 2 46.800 52.100 2.0 2.0 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER BLD 3 44.250 52.100 2.0 2.0 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER BLD 4 42.500 52.100 2.0 2.0 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER BLD 5 51.850 52.100 2.0 2.0 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER BLD 6 49.100 52.100 2.0 2.0 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER BLD 7 51.100 52.100 2.0 2.0 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER FLT 36.000 36.000 1.5 1.5 2.0 17.10 11.80 1.900
1.250
OPERATING ENGINEER HWY 1 46.300 50.300 1.5 1.5 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER HWY 2 45.750 50.300 1.5 1.5 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER HWY 3 43.700 50.300 1.5 1.5 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER HWY 4 42.300 50.300 1.5 1.5 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER HWY 5 41.100 50.300 1.5 1.5 2.0 17.55 12.65 1.900
1.250
APPENDIX 1
OPERATING ENGINEER HWY 6 49.300 50.300 1.5 1.5 2.0 17.55 12.65 1.900
1.250
OPERATING ENGINEER HWY 7 47.300 50.300 1.5 1.5 2.0 17.55 12.65 1.900
1.250
ORNAMNTL IRON WORKER E ALL 45.000 47.500 2.0 2.0 2.0 13.55 17.94 0.000
0.650
ORNAMNTL IRON WORKER W ALL 45.060 48.660 2.0 2.0 2.0 10.52 20.76 0.000
0.700
PAINTER ALL 41.730 43.730 1.5 1.5 1.5 10.30 8.200 0.000
1.350
PAINTER SIGNS BLD 33.920 38.090 1.5 1.5 1.5 2.600 2.710 0.000
0.000
PILEDRIVER ALL 44.350 46.350 1.5 1.5 2.0 13.29 16.39 0.000
0.630
PIPEFITTER BLD 46.000 49.000 1.5 1.5 2.0 9.000 15.85 0.000
1.780
PLASTERER BLD 41.250 43.760 1.5 1.5 2.0 9.700 13.08 0.000
0.980
PLUMBER BLD 46.650 48.650 1.5 1.5 2.0 13.18 11.46 0.000
0.880
ROOFER BLD 41.000 44.000 1.5 1.5 2.0 8.280 10.54 0.000
0.530
SHEETMETAL WORKER BLD 44.720 46.720 1.5 1.5 2.0 10.65 13.31 0.000
0.820
SPRINKLER FITTER BLD 49.200 51.200 1.5 1.5 2.0 11.75 9.650 0.000
0.550
STEEL ERECTOR E ALL 42.070 44.070 2.0 2.0 2.0 13.45 19.59 0.000
0.350
STEEL ERECTOR W ALL 45.060 48.660 2.0 2.0 2.0 10.52 20.76 0.000
0.700
STONE MASON BLD 43.780 48.160 1.5 1.5 2.0 10.05 14.43 0.000
1.030
SURVEY WORKER -> NOT IN EFFECT ALL 37.000 37.750 1.5 1.5 2.0
12.97 9.930 0.000 0.500
TERRAZZO FINISHER BLD 38.040 0.000 1.5 1.5 2.0 10.55 11.22 0.000
0.720
TERRAZZO MASON BLD 41.880 44.880 1.5 1.5 2.0 10.55 12.51 0.000
0.940
TILE MASON BLD 42.840 46.840 1.5 1.5 2.0 10.55 10.42 0.000
0.920
TRAFFIC SAFETY WRKR HWY 32.750 34.350 1.5 1.5 2.0 6.550 6.450 0.000
0.500
TRUCK DRIVER ALL 1 35.920 36.120 1.5 1.5 2.0 8.280 8.760 0.000
0.150
TRUCK DRIVER ALL 2 32.700 33.100 1.5 1.5 2.0 6.500 4.350 0.000
0.150
TRUCK DRIVER ALL 3 32.900 33.100 1.5 1.5 2.0 6.500 4.350 0.000
0.150
TRUCK DRIVER ALL 4 33.100 33.100 1.5 1.5 2.0 6.500 4.350 0.000
0.150
TUCKPOINTER BLD 42.620 43.620 1.5 1.5 2.0 10.05 13.34 0.000
0.670
Legend: RG (Region)
TYP (Trade Type - All,Highway,Building,Floating,Oil & Chip,Rivers)
C (Class)
Base (Base Wage Rate)
FRMAN (Foreman Rate)
APPENDIX 1
M-F>8 (OT required for any hour greater than 8 worked each day, Mon through Fri.
OSA (Overtime (OT) is required for every hour worked on Saturday)
OSH (Overtime is required for every hour worked on Sunday and Holidays)
H/W (Health & Welfare Insurance)
Pensn (Pension)
Vac (Vacation)
Trng (Training)
Explanations
DUPAGE COUNTY
IRON WORKERS AND FENCE ERECTOR (WEST) - West of Route 53.
The following list is considered as those days for which holiday rates
of wages for work performed apply: New Years Day, Memorial Day,
Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and
Veterans Day in some classifications/counties. Generally, any of
these holidays which fall on a Sunday is celebrated on the following
Monday. This then makes work performed on that Monday payable at the
appropriate overtime rate for holiday pay. Common practice in a given
local may alter certain days of celebration. If in doubt, please
check with IDOL.
EXPLANATION OF CLASSES
ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous
materials from any place in a building, including mechanical systems
where those mechanical systems are to be removed. This includes the
removal of asbestos materials/mold and hazardous materials from
ductwork or pipes in a building when the building is to be demolished
at the time or at some close future date.
ASBESTOS - MECHANICAL - removal of asbestos material from mechanical
systems, such as pipes, ducts, and boilers, where the mechanical
systems are to remain.
TRAFFIC SAFETY - work associated with barricades, horses and drums
used to reduce lane usage on highway work, the installation and
removal of temporary lane markings, and the installation and removal
of temporary road signs.
CERAMIC TILE FINISHER
The grouting, cleaning, and polishing of all classes of tile, whether
for interior or exterior purposes, all burned, glazed or unglazed
products; all composition materials, granite tiles, warning detectable
tiles, cement tiles, epoxy composite materials, pavers, glass,
mosaics, fiberglass, and all substitute materials, for tile made in
tile-like units; all mixtures in tile like form of cement, metals, and
other materials that are for and intended for use as a finished floor
surface, stair treads, promenade roofs, walks, walls, ceilings,
swimming pools, and all other places where tile is to form a finished
interior or exterior. The mixing of all setting mortars including but
not limited to thin-set mortars, epoxies, wall mud, and any other
sand and cement mixtures or adhesives when used in the preparation,
installation, repair, or maintenance of tile and/or similar materials.
The handling and unloading of all sand, cement, lime, tile,
APPENDIX 1
fixtures, equipment, adhesives, or any other materials to be used in
the preparation, installation, repair, or maintenance of tile and/or
similar materials. Ceramic Tile Finishers shall fill all joints and
voids regardless of method on all tile work, particularly and
especially after installation of said tile work. Application of any
and all protective coverings to all types of tile installations
including, but not be limited to, all soap compounds, paper products,
tapes, and all polyethylene coverings, plywood, masonite, cardboard,
and any new type of products that may be used to protect tile
installations, Blastrac equipment, and all floor scarifying equipment
used in preparing floors to receive tile. The clean up and removal of
all waste and materials. All demolition of existing tile floors and
walls to be re-tiled.
COMMUNICATIONS TECHNICIAN
Low voltage installation, maintenance and removal of telecommunication
facilities (voice, sound, data and video) including telephone and
data inside wire, interconnect, terminal equipment, central offices,
PABX, fiber optic cable and equipment, micro waves, V-SAT, bypass,
CATV, WAN (wide area networks), LAN (local area networks), and ISDN
(integrated system digital network), pulling of wire in raceways, but
not the installation of raceways.
MARBLE FINISHER
Loading and unloading trucks, distribution of all materials (all
stone, sand, etc.), stocking of floors with material, performing all
rigging for heavy work, the handling of all material that may be
needed for the installation of such materials, building of
scaffolding, polishing if needed, patching, waxing of material if
damaged, pointing up, caulking, grouting and cleaning of marble,
holding water on diamond or Carborundum blade or saw for setters
cutting, use of tub saw or any other saw needed for preparation of
material, drilling of holes for wires that anchor material set by
setters, mixing up of molding plaster for installation of material,
mixing up thin set for the installation of material, mixing up of sand
to cement for the installation of material and such other work as may
be required in helping a Marble Setter in the handling of all
material in the erection or installation of interior marble, slate,
travertine, art marble, serpentine, alberene stone, blue stone,
granite and other stones (meaning as to stone any foreign or domestic
materials as are specified and used in building interiors and
exteriors and customarily known as stone in the trade), carrara,
sanionyx, vitrolite and similar opaque glass and the laying of all
marble tile, terrazzo tile, slate tile and precast tile, steps, risers
treads, base, or any other materials that may be used as substitutes
for any of the aforementioned materials and which are used on interior
and exterior which are installed in a similar manner.
MATERIAL TESTER I: Hand coring and drilling for testing of materials;
field inspection of uncured concrete and asphalt.
MATERIAL TESTER II: Field inspection of welds, structural steel,
fireproofing, masonry, soil, facade, reinforcing steel, formwork,
cured concrete, and concrete and asphalt batch plants; adjusting
proportions of bituminous mixtures.
APPENDIX 1
OPERATING ENGINEER - BUILDING
Class 1. Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with
Caisson Attachment; Batch Plant; Benoto (requires Two Engineers);
Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant;
Combination Back Hoe Front End-loader Machine; Compressor and Throttle
Valve; Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete
Conveyor (Truck Mounted); Concrete Paver Over 27E cu. ft; Concrete
Paver 27E cu. ft. and Under: Concrete Placer; Concrete Placing Boom;
Concrete Pump (Truck Mounted); Concrete Tower; Cranes, All; Cranes,
Hammerhead; Cranes, (GCI and similar Type); Creter Crane; Spider
Crane; Crusher, Stone, etc.; Derricks, All; Derricks, Traveling;
Formless Curb and Gutter Machine; Grader, Elevating; Grouting
Machines; Heavy Duty Self-Propelled Transporter or Prime Mover;
Highlift Shovels or Front Endloader 2-1/4 yd. and over; Hoists,
Elevators, outside type rack and pinion and similar machines; Hoists,
One, Two and Three Drum; Hoists, Two Tugger One Floor; Hydraulic
Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment);
Locomotives, All; Motor Patrol; Lubrication Technician; Manipulators;
Pile Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump
Cretes Dual Ram; Pump Cretes: Squeeze Cretes-Screw Type Pumps; Gypsum
Bulker and Pump; Raised and Blind Hole Drill; Roto Mill Grinder;
Scoops - Tractor Drawn; Slip-Form Paver; Straddle Buggies; Operation
of Tie Back Machine; Tournapull; Tractor with Boom and Side Boom;
Trenching Machines.
Class 2. Boilers; Broom, All Power Propelled; Bulldozers; Concrete
Mixer (Two Bag and Over); Conveyor, Portable; Forklift Trucks;
Highlift Shovels or Front Endloaders under 2-1/4 yd.; Hoists,
Automatic; Hoists, Inside Elevators; Hoists, Sewer Dragging Machine;
Hoists, Tugger Single Drum; Laser Screed; Rock Drill (Self-Propelled);
Rock Drill (Truck Mounted); Rollers, All; Steam Generators; Tractors,
All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame.
Class 3. Air Compressor; Combination Small Equipment Operator;
Generators; Heaters, Mechanical; Hoists, Inside Elevators (remodeling
or renovation work); Hydraulic Power Units (Pile Driving, Extracting,
and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 300
ft.); Low Boys; Pumps, Well Points; Welding Machines (2 through 5);
Winches, 4 Small Electric Drill Winches.
Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick
Forklift.
Class 5. Assistant Craft Foreman.
Class 6. Gradall.
Class 7. Mechanics; Welders.
OPERATING ENGINEERS - HIGHWAY CONSTRUCTION
Class 1. Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt
Heater Scarfire; Asphalt Spreader; Autograder/GOMACO or other similar
type machines: ABG Paver; Backhoes with Caisson Attachment; Ballast
APPENDIX 1
Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi-Mix
Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe
Bucket or over or with attachments); Concrete Breaker (Truck
Mounted); Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete
Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Tower
Cranes of all types: Creter Crane: Spider Crane; Crusher, Stone, etc.;
Derricks, All; Derrick Boats; Derricks, Traveling; Dredges;
Elevators, Outside type Rack & Pinion and Similar Machines; Formless
Curb and Gutter Machine; Grader, Elevating; Grader, Motor Grader,
Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard
Rail Post Driver Truck Mounted; Hoists, One, Two and Three Drum; Heavy
Duty Self-Propelled Transporter or Prime Mover; Hydraulic Backhoes;
Backhoes with shear attachments up to 40' of boom reach; Lubrication
Technician; Manipulators; Mucking Machine; Pile Drivers and Skid Rig;
Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid
Rig; Rock Drill - Truck Mounted; Rock/Track Tamper; Roto Mill
Grinder; Slip-Form Paver; Snow Melters; Soil Test Drill Rig (Truck
Mounted); Straddle Buggies; Hydraulic Telescoping Form (Tunnel);
Operation of Tieback Machine; Tractor Drawn Belt Loader; Tractor
Drawn Belt Loader (with attached pusher - two engineers); Tractor with
Boom; Tractaire with Attachments; Traffic Barrier Transfer Machine;
Trenching; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole
Drills (Tunnel Shaft); Underground Boring and/or Mining Machines 5
ft. in diameter and over tunnel, etc; Underground Boring and/or Mining
Machines under 5 ft. in diameter; Wheel Excavator; Widener (APSCO).
Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve;
Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front
Endloader Machine (Less than 1 cu. yd. Backhoe Bucket or over or with
attachments); Compressor and Throttle Valve; Compressor, Common
Receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding
Machine; Concrete Mixer or Paver 7S Series to and including 27 cu.
ft.; Concrete Spreader; Concrete Curing Machine, Burlap Machine,
Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck
Cars (Haglund or Similar Type); Drills, All; Finishing Machine -
Concrete; Highlift Shovels or Front Endloader; Hoist - Sewer Dragging
Machine; Hydraulic Boom Trucks (All Attachments); Hydro-Blaster; Hydro
Excavating (excluding hose work); Laser Screed; All Locomotives,
Dinky; Off-Road Hauling Units (including articulating) Non
Self-Loading Ejection Dump; Pump Cretes: Squeeze Cretes - Screw Type
Pumps, Gypsum Bulker and Pump; Roller, Asphalt; Rotary Snow Plows;
Rototiller, Seaman, etc., self-propelled; Self-Propelled Compactor;
Spreader - Chip - Stone, etc.; Scraper - Single/Twin Engine/Push and
Pull; Scraper - Prime Mover in Tandem (Regardless of Size); Tractors
pulling attachments, Sheeps Foot, Disc, Compactor, etc.; Tug Boats.
Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender;
Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over);
Conveyor, Portable; Farm-Type Tractors Used for Mowing, Seeding, etc.;
Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, All
Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Low Boys; Pipe
Jacking Machines; Post-Hole Digger; Power Saw, Concrete Power Driven;
Pug Mills; Rollers, other than Asphalt; Seed and Straw Blower; Steam
Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats;
Tamper-Form-Motor Driven.
Class 4. Air Compressor; Combination - Small Equipment Operator;
APPENDIX 1
Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic
Power Unit (Pile Driving, Extracting, or Drilling); Light Plants, All
(1 through 5); Pumps, over 3" (1 to 3 not to exceed a total of 300
ft.); Pumps, Well Points; Vacuum Trucks (excluding hose work); Welding
Machines (2 through 5); Winches, 4 Small Electric Drill Winches.
Class 5. SkidSteer Loader (all); Brick Forklifts; Oilers.
Class 6. Field Mechanics and Field Welders
Class 7. Dowell Machine with Air Compressor; Gradall and machines of
like nature.
OPERATING ENGINEER - FLOATING
Diver. Diver Wet Tender, Diver Tender, ROV Pilot, ROV Tender
SURVEY WORKER - Operated survey equipment including data collectors,
G.P.S. and robotic instruments, as well as conventional levels and
transits.
TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION
Class 1. Two or three Axle Trucks. A-frame Truck when used for
transportation purposes; Air Compressors and Welding Machines,
including those pulled by cars, pick-up trucks and tractors;
Ambulances; Batch Gate Lockers; Batch Hopperman; Car and Truck
Washers; Carry-alls; Fork Lifts and Hoisters; Helpers; Mechanics
Helpers and Greasers; Oil Distributors 2-man operation; Pavement
Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors;
Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2-man
operation; Slurry Truck Conveyor Operation, 2 or 3 man; Teamsters;
Unskilled Dumpman; and Truck Drivers hauling warning lights,
barricades, and portable toilets on the job site.
Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards;
Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or
Turnatrailers when pulling other than self-loading equipment or
similar equipment under 16 cubic yards; Mixer Trucks under 7 yeards;
Ready-mix Plant Hopper Operator, and Winch Trucks, 2 Axles.
Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over;
Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or
turnapulls when pulling other than self-loading equipment or similar
equipment over 16 cubic yards; Explosives and/or Fission Material
Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit;
Oil Distributors, 1-man operation; Pole Trailer, over 40 feet; Pole
and Expandable Trailers hauling material over 50 feet long; Slurry
trucks, 1-man operation; Winch trucks, 3 axles or more;
Mechanic--Truck Welder and Truck Painter.
Class 4. Six axle trucks; Dual-purpose vehicles, such as mounted
crane trucks with hoist and accessories; Foreman; Master Mechanic;
Self-loading equipment like P.B. and trucks with scoops on the front.
APPENDIX 1
TERRAZZO FINISHER
The handling of sand, cement, marble chips, and all other materials
that may be used by the Mosaic Terrazzo Mechanic, and the mixing,
grinding, grouting, cleaning and sealing of all Marble, Mosaic, and
Terrazzo work, floors, base, stairs, and wainscoting by hand or
machine, and in addition, assisting and aiding Marble, Masonic, and
Terrazzo Mechanics.
Other Classifications of Work:
For definitions of classifications not otherwise set out, the
Department generally has on file such definitions which are available.
If a task to be performed is not subject to one of the
classifications of pay set out, the Department will upon being
contacted state which neighboring county has such a classification and
provide such rate, such rate being deemed to exist by reference in
this document. If no neighboring county rate applies to the task,
the Department shall undertake a special determination, such special
determination being then deemed to have existed under this
determination. If a project requires these, or any classification not
listed, please contact IDOL at 217-782-1710 for wage rates or
clarifications.
LANDSCAPING
Landscaping work falls under the existing classifications for laborer,
operating engineer and truck driver. The work performed by landscape
plantsman and landscape laborer is covered by the existing
classification of laborer. The work performed by landscape operators
(regardless of equipment used or its size) is covered by the
classifications of operating engineer. The work performed by
landscape truck drivers (regardless of size of truck driven) is
covered by the classifications of truck driver.
MATERIAL TESTER & MATERIAL TESTER/INSPECTOR I AND II
Notwithstanding the difference in the classification title, the
classification entitled "Material Tester I" involves the same job
duties as the classification entitled "Material Tester/Inspector I".
Likewise, the classification entitled "Material Tester II" involves
the same job duties as the classification entitled "Material
APPENDIX 2
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
[insert contractor name and address here:]
as Principal (hereinafter called the “Contractor”) and
[insert surety name and address here:]
, organized and existing under the laws of the State of
_______________ (hereinafter called the “Surety”) are held and firmly bound unto Village of Oak
Brook, 1200 Oak Brook Road, Oak Brook, Illinois, as the obligee (hereinafter called the “Owner”), in
the full and just sum of [insert full contract price here:] $__________________________ for the
payment of which sum of money well and truly to be made, the Contractor and the Surety bind
themselves and their heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents, said amount to include payment of actual costs and damages and for
attorneys’ fees, architectural fees, design fees, engineering fees, accounting fees, testing fees,
consulting fees, administrative costs, court costs, interest and any other fees and expenses resulting
from or incurred by reason of the Contractor’s failure to promptly and faithfully perform its contract
with the Owner, said contract being more fully described below, and to include attorneys’ fees, court
costs and administrative and other expenses necessarily paid or incurred in successfully enforcing
performance of the obligation of the Surety under this bond.
WHEREAS, the Contractor has entered into a written agreement dated [insert contract date
here:] __________________, 201__, with the Owner titled [insert contract title here:]
______________________________________________________________________” (the
“Contract”), the terms and conditions of which are by this reference incorporated herein as though
fully set forth herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the
Contractor shall well, truly, and promptly perform all the undertakings, covenants, terms, conditions,
and agreements of the Contractor under the contract, including but not limited to the Contractor’s
obligations under the Contract, (1) to provide, perform, and complete at the Work Site and in the
manner specified in the Contract all necessary Work, labor, services, transportation, equipment,
materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data, and
other means and items necessary for [insert general description of the Work here:]
__________________________________
______________________________________________________________________; (2) to procure
and furnish all permits, licenses, and other governmental approvals and authorizations necessary in
connection therewith [except as otherwise expressly provided in the Attachment ___ of the
Contract]; (3) to procure and furnish all bonds, certificates, and policies of insurance specified in the
Contract; (4) to pay all applicable federal, state, and local taxes; (5) to do all other things required of
the Contractor by the Contract; and (6) to provide, perform, and complete all of the foregoing in a
proper and workmanlike manner and in full compliance with, and as required by and pursuant to, the
Contract; all of which is herein referred to as the “Work,” whether or not any of the Work enter into
and become component parts of the improvement contemplated, then this obligation shall be null and
void; otherwise it shall remain in full force and effect.
APPENDIX 2
The Surety, for value received, hereby stipulates and agrees that no changes, modifications,
alterations, omissions, deletions, additions, extensions of time, or forbearances on the part of the
Owner or the Contractor to the other in or to the terms of said Contract; in or to the schedules, plans,
drawings, or specifications; in or to the method or manner of performance of the Work; in or to
Owner-furnished facilities, equipment, material, service, or site; or in or to the mode or manner of
payment therefore shall in any way release the Contractor and the Surety or either or any of them, or
any of their heirs, executors, administrators, successors, or assigns, or affect the obligations of the
Surety on this bond, all notice of any and all of the foregoing changes, modifications, alterations,
omissions, deletions, additions, extensions of time, or forbearances and notice of any and all defaults
by the Contractor or of the Owner’s termination of the Contractor being hereby waived by the Surety.
Notwithstanding anything to the contrary in the foregoing paragraph, in no event shall the
obligations of the Surety under this bond in the event of the Contractor’s default be greater than the
obligations of the Contractor under the Contract in the absence of the Contractor default.
In the event of a default or defaults by the Contractor, the Owner shall have the right to take
over and complete the Contract on 30 calendar days’ written notice to the Surety, in which event the
Surety shall pay the Owner all costs incurred by the Owner in taking over and completing the
Contract.
At its option, the Owner may instead request that the Surety take over and complete the
Contract, in which event the Surety shall take reasonable steps to proceed promptly with completion
no later than 30 calendar days after the date on which the Owner notifies the Surety that the Owner
wants the Surety to take over and complete the Contract.
The Owner shall have no obligation to actually incur any expense or correct any deficient
performance of the Contractor to be entitled to receive the proceeds of this bond.
No right of action shall accrue on this bond to or for the use of any person or corporation other
than the Owner or the heirs, executors, administrators, or successors of the Owner.
Signed and sealed this _____ day of _______________ 201__.
Attest/Witness: PRINCIPAL
By: _________________________________ By: _________________________________
Title: _________________________________ By: _________________________________
Attest/Witness: SURETY
By: _________________________________ By: _________________________________
Title: _________________________________ By: _________________________________
APPENDIX 3
LABOR AND MATERIALS PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
[insert contractor name and address here:]
as Principal (hereinafter called the “Contractor”) and
[insert surety name and address here:]
, organized and existing under the laws of the State of
_______________ (hereinafter called the “Surety”) are held and firmly bound unto Village of Oak
Brook, 1200 Oak Brook Road, Oak Brook, Illinois, as the obligee (hereinafter called the “Owner”), for
the use and benefit of itself and of claimants as hereinafter defined (the “Claimants”) in the full and
just sum of [insert full contract price here:] $_________________________ to be paid to the Owner or
the Claimants or the Owner’s or the Claimant’s assigns, to which payment well and truly to be made
the Contractor and the Surety bind themselves and their heirs, executors, administrators, successors,
and assigns, jointly and severally, firmly by these presents, said amount to include attorney’s fees,
court costs, and administrative and other expenses necessarily paid or incurred in successfully
enforcing performance of the obligation of the Surety under this bond.
WHEREAS, the Contractor has entered into a written agreement dated [insert contract date
here:] __________________, 201__, with the Owner titled [insert contract title here:] ____________
_________________________________________________________________” (the “Contract”),
the terms and conditions of which are by this reference incorporated herein as though fully set forth
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the
Contractor shall promptly pay or cause to be paid all sums of money that may be due to any Claimant
with respect to the Contractor’s obligations under the Contract: (1) to provide, perform, and complete
at the Work Site and in the manner specified in the Contract all necessary Work, labor, services,
transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste
disposal, information, data and other means and items necessary for [insert general description of the
Work here:] ________________________________________________________________________
______________________________________________; (2) to procure and furnish all permits,
licenses, and other governmental approvals and authorizations necessary in connection therewith
[except as otherwise expressly provided in Attachment A to the Contract]; (3) to procure and furnish
all Bonds and all certificates and policies of insurance specified in the Contract; (4) to pay all
applicable federal, state, and local taxes; (5) to do all other things required of the Contractor by the
Contract; and (6) to provide, perform, and complete all of the foregoing in a proper and workmanlike
manner and in full compliance with, and as required by or pursuant to, the Contract; all of which is
herein referred to as the “Work,” whether or not any of said Work enter into and become component
parts of the improvement contemplated, then this obligation shall be null and void; otherwise it shall
remain in full force and effect.
For purpose of this bond, a Claimant is defined as one having a direct contract with the
Contractor or with a subcontractor of the Contractor to provide, perform, or complete any part of the
Work.
The Contractor and the Surety hereby jointly and severally agree that every Claimant that has
not had all just claims for the furnishing of any part of the Work paid in full, including without
limitation all claims for amounts due for materials, lubricants, oil, gasoline, rentals of or service or
repairs on machinery, equipment, and tools consumed or used in connection with the furnishing of any
APPENDIX 3
part of the Work, may sue on this bond for the use of that Claimant, may prosecute the suit to final
judgment for such sum or sums as may be justly due that Claimant, and may have execution therein;
provided, however, that the Owner shall not be liable for the payment of any costs or expenses of any
such suit. The provisions of 30 ILCS 550/1 and 2 of the Illinois Compiled Statutes shall be deemed
inserted herein, including the time limits within which notices of claim must be filed and actions
brought under this bond.
The Contractor and the Surety hereby jointly agree that the Owner may sue on this bond if the
Owner is held liable to, or voluntarily agrees to pay, any Claimant directly, but nothing in this bond
shall create any duty on the part of the Owner to pay any Claimant.
The Surety, for value received, hereby stipulates and agrees that no changes, modifications,
alterations, omissions, deletions, additions, extensions of time, or forbearances on the part of the
Owner or the Contractor to the other in or to the terms of the Contract; in or to the schedules, plans,
drawings, or specifications; in or to the method or manner of performance of the Work; in or to
Owner-furnished facilities, equipment, material, service, or site; or in or to the mode or manner of
payment therefor shall in any way release the Contractor and the Surety or either or any of them, or
any of their heirs, executors, administrators, successors, or assigns, or affect the obligations of the
Surety on this bond, all notice of any and all of the foregoing changes, modifications, alterations,
omissions, deletions, additions, extensions of time, or forbearances and notice of any and all defaults
by the Contractor or of the Owner’s termination of the Contractor being hereby waived by the Surety.
Signed and sealed this _____ day of _______________ 201__.
Attest/Witness: CONTRACTOR
By: _________________________________ By: _________________________________
Title: _________________________________ By: _________________________________
Attest/Witness: SURETY
By: _________________________________ By: _________________________________
Title: _________________________________ By: _________________________________
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