Loading...
2014 Pavement Marking Project_201411211524407846Section Village of Oak Brook °, Pavement Project Bid Package Table of Contents A. Notice to Bidders B. Bid C. Instructions to Bidders D. Specifications E. Special Conditions F. Statement of Bidder's Qualifications G. References H. Bid Certification I. Contract J. Contract Bond J:\WORDDOMBID PACKAGES\2014 Bid Packages\2014 Pavement Marking.doc 9/17/2014 4:05:00 PM September 15, 2014 The Daily Herald P.O. Box 280 Arlington Heights, IL 60006 FAX 847-427-1146 Dear Ms. Bratanick: Please publish the following legal notice on September 17, 2014: NOTICE TO BIDDERS VILLAGE OF OAK BROOK The Village of Oak Brook will receive bids for: 2014 Pavement Marking Project Sealed bids will be received by Rania Serences, Senior Purchasing Assistant, Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, IL 60523 until 1:30 P.M., Tuesday, September 30, 2014, prevailing time, and publicly opened in the Samuel E. Dean Board Room at that time. Each bid shall be accompanied by a bank cashier's check, certified check (checks made payable to the Village of Oak Brook) or bid bond for not less than ten percent (10%) of the amount bid. A complete bid package, of which this legal notice is a part, can be picked up at the Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 60523, between the hours of 8 A.M. and 4:30 P.M. Monday through Friday or can be downloaded from the Village website at www. oak-brook. oro. There is no charge for the package. No bid shall be withdrawn after opening of bids without the consent of the Village of Oak Brook for a period of forty five (45) days after the scheduled time of opening bids. The Village of Oak Brook reserves the right to reject any or all bids and to waive any informalities in bidding and to accept the bid deemed most advantageous to it. Charlotte Pruss Village Clerk 2014 Pavement Marking Project 1. COST OF WORK: The undersigned, acting for and on behalf of contractor and having familiarized himself with conditions affecting the cost of the work and its performance and having carefully examined and fully understood the entire bid package, hereby affirms and agrees to enter into a contract with the Village of Oak Brook, Oak Brook, IL. To provide all supervision, labor, material, equipment and all other expense items to completely perform the work covered by the specifications in this Bid Package. Thermoplastic Pavement �'^ '^r� Marking — Line 24" LF 500 3 010.0 (All pavement marking removal, per IDOT requirements, is incidental to this contract.) All of the above items, complete, in place, as specified for the total amount of: Cents -n Page 1 Estimated Unit Item Unit Quantity Price Extended Thermoplastic Pavement Marking — Letters and Symbols SF 2,000 UQMD.DD Thermoplastic Pavement Marking — Line 4" LF 45,000 a�4�v 3�,lXXi.I� Thermoplastic Pavement Marking — Line 6" LF 8,000 q WOD. Thermoplastic Pavement Marking — Line 8" LF 1,000 Thermoplastic Pavement Marking — Line 12" LF 1,000 2--50 2 - D Thermoplastic Pavement �'^ '^r� Marking — Line 24" LF 500 3 010.0 (All pavement marking removal, per IDOT requirements, is incidental to this contract.) All of the above items, complete, in place, as specified for the total amount of: Cents -n Page 1 M 3. 4. 5. 91 COSTS: The undersigned contractor hereby affirms and states the prices quoted herein constitute the total cost to the Village for all work involved in the respective items and that this cost also includes all insurance, royalties, transportation charges, use of all tools and equipment, superintendence, overhead expense, all profits and all other work, services and conditions necessarily involved in the work to be done and materials to be furnished in accordance with the requirements of the contract documents considered severally and collectively. All bids shall be held valid for a period of forty-five (45) days after the bid due date. IL.9M INSTRUCTIONS TO BIDDERS: The undersigned contractor shall comply with all provisions and requirements of this Bid Package. TIME OF COMPLETION: The undersigned affirms and declares that if awarded the contract for this work he will completely perform said contract in strict accordance with its terms and conditions by Friday, November 14, 2014, with work commencing by November 3, 2014 at the latest (and preferably a week earlier), unless additional time shall be granted by the Village in accordance with the provisions of the specifications. The contractor shall note that the Village Board meeting for awarding the contract is not until October 14 2014. Should the contractor fail to complete the work by said date or within such extended time as may have been allowed, the contractor shall be liable to the Village in the amount set forth in the specifications. BID GUARANTEE: Accompanying this bid is a bid bond, or bank cashier's check or certified check for not less than ten percent (10%) of the amount of the Base Bid made payable to the Village of Oak Brook. The amount of the bid bond or check is ($ ). If this bid is accepted and the undersigned shall fail to execute a contract and the contract bond, provide acceptable Certificates of Insurance, and provide an acceptable Progress Schedule as required herein, it is hereby agreed that the amount of the bid bond or check shall become the property of the Village and shall be considered as payment of damages due to delay and other causes suffered by the Village because of the failure to execute said contract, contract bond, acceptable Page 2 Certificate of Insurance and Progress Schedule; otherwise said bid bond or check shall be returned to the undersigned. Attach bid bond, bank cashier's check or certified check here. In the event that one bid bond or one check is intended to cover two or more bids, the amount must equal the sum of the proposal guarantees of the individual sections covered. The bid guarantees of all except the 2 lowest responsible bidders shall be returned after the President and the Board of Trustees of the Village of Oak Brook award the contract. The bid guarantees of the 2 lowest responsible bidders shall be returned after a contract, contract bond, acceptable certificate of insurance, and an acceptable progress schedule have been received from the successful bidder and approved by the Village of Oak Brook. The bid guarantee of all bidders shall be returned in the event that the President and Board of Trustees of the Village of Oak Brook reject all bids. Page 3 CONTRACTOR: Precision Pavement Markings, Inc. P.O. Box 705 Elgin, IL 60121 OWNER: Village of Oakbrook 1200 Oak Brook Road Oak Brook, IL 60523 AMCO Insurance Company Nationwide Mutual Insurance Company Allied Property & Casualty Insurance Company 1100 Locust St., Dept 2006 Des Moines, IA 50391-2006 (866) 387-0457 SURETY: AMCO Insurance Company 1100 Locust St., Dept. 2006 Des Moines, IA 50391-2006 BOND AMOUNT: 10% Ten Percent of the bid amount PROJECT: Village of Oakbrook 2014 Pavement Marking Program The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, thein hens, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in thejurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof: or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be a Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefiom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 29th day of September 2014 (Witness) I, .__ j i q (Witness) Precision Pavement Markings, Inc (Princi 7 (Se 1) Salazar, (Title) ®®®Q® AMCO Insurance Company �sIowoo^^+Ro 0 SEAL: Sea.) 0 ®` ions � (r e) Jen- -Fact This document conforms to American Institute of Architects Document A310, 2010 edition KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: Brett Lundstrom, Craig Flynn, Jennifer Allard, Susan Onori each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of One Motion Dollars and Noll 00 $1,000,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -tact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subjectto the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be seala attested by the signature of its officer the 12t day of February, 2014. a President and Chief Operating Officer of Nationwide Agribusiness Insurance Company ®£® and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, ®."SEAL!.® 0- o SEAL , 0 AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance jd Company ® ACKNOWLEDGMENT STATE OF IOWA, COUNTY OF POLK: ss � ®o,: v : ,�® On this 13 day of February, 2014, before me came the above-named officer for the Companies aforesaid, to KiSEAL , 0 OO SEAL;�� me personally known to be the officer described in and who executed the preceding instrument, and he V�'.., ® acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer ®q®® ®,® of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and m ®," direction of said Companies. ®®svusr® mmvsuuyrr�® y Sandy Alirz ®eIp 1 0, ® Notarial seal—I.- 9.SEALi SEAL Commission Number 152785 ® ® Notary Public ®® 0 My Commission Expires March, 24, 2017 o so+ ®� oidu eo+"® My Commission Expires ma® ®® ®®® ®� CERTIFICATE March 24, 2017 I, Robert W Horner III, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said Instrument by the authority of said board of directors; and the foregoing powerof attorney is still in full force and effect. q IN WI NESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this/ day Secretary This Power of Attorney Expires March 24, 2017 BDJ 1(03-14) 00 Firm Address:y() dJu X I'bIs City, State, ZIP: CSO (,y) 01 0) `2 Signature: (� n I Name Printed: V� �S 1 Q ac) J a l CA2d Title: 64o— Telephone: 03�- q'OR 2– Date: q Po' If a Corporation: ATTEST: cretary Page 4 q 1. RECEIPT OF BID: Tuesday the 30th day, September, 2014, 1:30 P.M. 2. BASIS OF BID: Sealed bids will be received until the above noted time and date. 3. BID DESCRIPTION: 2014 Pavement Marking Project. The proposed project herein specified and described consists of pavement markings on asphalt streets in the northeast part of the Village. Specifically, the streets are 16th Street, Harger Road, Spring Road (north of Commerce Drive) and Timber Edge Drive (frontage road south of Roosevelt Road). 4. PREPARATION AND SUBMISSION OF BIDS: A. The bid must be delivered to the office of the Purchasing Director, Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, IL 60523 on or before Tuesday, at 1:30 P.M., prevailing time, September 30, 2014, at which time it will be publicly opened and read in the S. E. Dean Board Room of the Village Hall. Bids received after this time will not be considered and will be returned unopened. B. Each bid shall be submitted on the exact form furnished. All blank spaces for bid prices, unit costs and alternates must be filled in --in ink --in both words and figures (as stipulated). In case of any discrepancy in the amount bid, the prices expressed in written words shall govern. Bids which are noticeably unbalanced may be voided at the sole discretion of the Village. Each bid must be accompanied by a bank cashier's check, bid bond, or certified check in the amount of 10% of the bid (checks made payable to the Village of Oak Brook). C.. Each bidder must complete, execute and submit with its bid a certification that contractor is not barred from public contracting due to bid -rigging or bid rotating convictions on the form included with the bidding documents. D.. Each bidder must submit a complete bid package, including the following items: 1. Bid. 2. Bid Bond, or other Bid Security as required. 3. References 4. Statement of Bidder's Qualifications. 5. Bid Certification. 6. Contract (Signed) Page 1 E. The Contract Bond (Performance and Payment) is provided as information, and will be completed by the successful bidder only upon acceptance of the bid by the Village. The surety company issuing the Contract Bond must be listed and approved by the U.S. Department of the Treasury. Letters of Credit will not be accepted in place of the Contract Bond. F. The bid shall be submitted in an opaque sealed envelope on or before the time stated and shall bear the name of the individual, firm, or corporation submitting the Bid and the Bid Name - "2014 Pavement Marking Project' G. Bidders may attach separate sheets to the bid for the purpose of explanation, exception, alternate bid and to cover unit prices, if needed. H. Bidders may withdraw their bid either personally or by written request at any time before the hour set for the bid opening, and may resubmit it. No bid may be withdrawn or modified after the bid opening except where the award of contract has been delayed for a period of more than forty-five (45) days. In submitting this bid, the bidder further declares that the only person or party interested in the proposal as principals are those named herein; and that the bid is made without collusion with any other person, firm or corporation. J. The bidder further declares that he has carefully examined this entire Bid Package, and he has familiarized himself with all of the local conditions affecting the contract and the detailed requirements of this work and understands that in making the bid he waives all rights to plead a misunderstanding regarding same. K. The bidder further understands and agrees that if his bid is accepted, he is to furnish and provide all necessary machinery, tools, apparatus, and other means to do all of the work and to furnish all of the materials specified in the contract, except such materials as are to be furnished by the owner (Village), in the manner and at the time therein prescribed, and in accordance with the requirements therein set forth. L. The bidder further agrees that if the Village decides to extend or shorten the work, or otherwise alter it by extras or deductions, including elimination of one or more of the items, as provided in the specifications, he will perform the work as altered, increased or decreased. M. The bidder further agrees that the Village representative may at any time during the progress of the work covered by this Contract, order other work or materials incidental thereto and that all such work and materials as do not appear in the bid or contract as a specific item covered by a lump sum price, and which are not included under the bid price for other items in the Contract, shall be performed as extra work. Page 2 N. The bidder further agrees to execute all documents within this Bid Package, obtain a Certificate of Insurance for this work and present all of these documents within fifteen (15) days after receipt of the Notice of Award to the Village . O. The bidder further agrees that the Village representative may at any time during the progress of the work covered by this Contract, order other work or materials incidental thereto and that all such work and materials as do not appear in the bid or contract as a specific item covered by a lump sum price, and which are not included under the bid price for other items in the Contract, shall be performed as extra work, and compensation shall be as set forth in the specifications. P. The bidder further agrees that he and his surety will execute and present within fifteen (15) days after the receipt of the Notice of Award and the Contract, a Contract bond satisfactory to and in the form prescribed by the Village, in the penal amount of 100% of the Contract amount, guaranteeing the faithful performance of the work and payment for labor, materials. apparatus, fixtures, machinery, and subcontractors in accordance with the terms of the Contract. Q. The bidder further agrees to begin work not later than ten (10) days after receipt of the Notice to Proceed, unless otherwise provided, and to execute the work in such a manner and with sufficient materials, equipment and labor as will insure its completion within the time limit specified within the bid, it being understood and agreed that the completion within the time limit is an essential part of the contract. R. By submitting a bid, the bidder understands and agrees that, if his bid is accepted, and he fails to enter into a contract forthwith, he shall be liable to the Village for any damages the Village may thereby suffer. S. No bid will be considered unless the party offering it shall furnish evidence satisfactory to the Village that he has necessary facilities, ability and pecuniary resources to fulfill the conditions of the Contract. T. If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, he may submit to the Village Engineer a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the documents will be made only by addendum duly issued by the Village, and a copy of such addendum will be delivered to each person receiving a set of such documents. The Village will not be responsible for any other explanation or interpretation of the Bid Package. Page 3 5. SUBSTITUTIONS: N/A 6. CONDITIONS: A. The Village is exempt from Federal excise tax (#36-600-9534) and the Illinois Retailer's Occupation Tax (#E9997-4381-06). This bid cannot include any amounts of money for these taxes. B. To be valid, the bids shall be itemized so that selection for purchase may be made, there being included in the price of each unit the cost of delivery (FOB Destination). C. The Village shall reserve the right to add or to deduct from the base bid and/or alternate bid any item at the prices indicated in itemization of the bid. D. All bids shall be good for forty five (45) days from the date of the bid opening. 7. BASIS OF AWARD: The Village of Oak Brook reserves the right to reject any or all bids and to waive any informality or technical error and to accept any bid deemed most favorable to the interests of the Village of Oak Brook. In addition to price, the Village will consider: A. Ability, capacity and skill to fulfill the contract as specified. B. Ability to supply the commodities, provide the services or complete the construction promptly, or within the time specified, without delay or interference. C. Character, integrity, reputation, judgment, experience and efficiency. D. Quality of performance on previous contracts. E. Previous and existing compliance with laws and ordinances relating to the contract. F. Sufficiency of financial resources. G. Quality, availability and adaptability of the commodities, services or construction, in relation to the Village's requirements. H. Ability to provide future maintenance and service under the contract. Page 4 Number and scope of conditions attached to the bid/proposal. J. Record of payments for taxes, licenses or other monies due the Village. 8. GUARANTEE: Contractor (successful bidder) will guarantee all work for a period of one (1) year against faulty material and/or workmanship. Consequently, the contractor's Contract Bond will extend to one (1) year past the date of final acceptance of the entire work by the President and Board of Trustees of the Village. If any defect appears within the one (1) year guarantee period, the contractor will repair any and all such defects solely at his cost and at no cost to the Village. 9. PAYMENT: The Village of Oak Brook authorizes the payment of invoices on the second and fourth Tuesday of the month (except for the 4th Tuesdays of June, August, and November for significant amounts due to no Village Board meetings). 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. All payment requests shall be in accordance with the applicable portions of the specifications (see Section D of this Bid Package) 10. INDEMNIFICATION: The Contractor shall protect, indemnify, save, defend and hold forever harmless the Village and/or its officers, officials, employees, volunteers and agents from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses, including without limitation court costs, insurance deductibles and attorney's fees and expenses, which the Village and/or its officers, officials, employees, volunteers and agents may incur, suffer or sustain, or for which the Village and/or its officers, officials, employees, volunteers and agents may become obligated by reason for any accident, injury to or death of persons or loss of or damage to property, or civil and/or constitutional infringement of rights (specifically including violations of the Federal Civil Right Statutes), arising indirectly or directly in connection with or under, or as a result of, this or any Agreement by virtue of any act or omission of any of the Contractor's officers, employees, subcontractors, and/or agents, provided that the Contractor shall not be liable for claims, obligations, damages, penalties, causes of action, costs and expenses arising solely by any act or omission of the Village's officers, officials, employees, volunteers and/or agents. The contractor shall hold the Village harmless for any and all claims for labor, material, apparatus, equipment, fixtures or machinery furnished to the contractor for the purpose of performing the work under the contract; and the payment of all direct and indirect damages to any person, firm, company or corporation suffered or Page 5 sustained on account of the performance of such work during the time the contract is in force. 11. INSURANCE: Certificates of Insurance and Additional Insured Endorsement shall be presented to the Village 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 Village will not approve and execute the contract nor will the bid guarantee be returned until acceptable insurance certificates are received and approved by the Village. Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee working under a permit as required pursuant to the provisions of Title 1, 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 the Village. At the option of the Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the Village, 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 - Page 6 (1) The Village, 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 Village, its officers, officials, employees volunteers or agents. (2) The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the Village, 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 Village, 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 Village, its officers, officials, employees, volunteers and agents for losses arising from work performed by the insured for the Village. 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 the Village. Each insurance policy shall name the Village, 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 Village 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 Village, see Section C of this Bid Package, and shall be subject to approval by the Village Attorney before work commences. The Village reserves the right to require complete, certified copies of all required insurance policies, at anytime. Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor., All Page 7 coverages for subcontractors shall be subject to all of the requirements stated herein. 12 SAFETY: The contractor and any subcontractors shall comply with all the provisions of the Federal Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended. 13 EQUAL OPPORTUNITY: The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age or handicap unrelated to bona fide occupational qualifications. 14. EMPLOYMENT OF ILLINOIS WORKERS DURING PERIODS OF EXCESSIVE UNEMPLOYMENT: The Contractor shall comply with all Illinois statutes pertaining to the selection of labor. Whenever there is a period of excessive unemployment in Illinois, which is defined herein as any month immediately following 2 consecutive calendar months during which the level of unemployment in the State of Illinois has exceeded 5 percent as measured by the United States Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, the Contractor shall employ only Illinois laborers. `Illinois laborer" means any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident. Other laborers may be used when Illinois laborers as defined herein are not available, or are incapable of performing the particular type of work involved, if so certified by the Contractor and approved by the Municipality. The Contractor may place no more than 3 of his regularly employed non-resident executive and technical experts, who do not qualify as Illinois laborers, to do work encompassed by this Contract during a period of excessive unemployment. This provision applies to all labor, whether skilled, semi -skilled or unskilled, whether manual or non -manual. 15. EXECUTION OF DOCUMENTS The Contractor, in signing his Bid on the whole or on any portion of the work, shall conform to the following requirements: Bids signed by an individual other than the individual represented in the Bid documents shall have attached thereto a power of attorney evidencing authority to sign the Bid in the name of the person for whom it is signed. Bids which are signed for a partnership shall be signed by all of the partners or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the Bid a power of attorney evidencing authority to sign the bid, executed by the partners. Bids which are signed for a corporation, shall have the correct corporate name thereof and the signature of the President or other authorized officer of the corporation manually written below the corporate name. If such Bid is manually signed by an official other than the President of the Corporation, a certified copy of a resolution of the board of directors evidencing the authority of such official to sign the Bid should be attached to it. Such Bid shall also bear the attesting signature of the Secretary of the corporation and the impression of the corporate seal. The Contract shall be deemed as have been awarded when formal notice of award shall have been duly served upon the intended awardee. 16. NON -DISCRIMINATING: The Vendor, its employees and subcontractors, agrees not to commit unlawful discrimination and agrees to comply with applicable provisions of the Illinois Human Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each. 17. PREVAILING RATE OF WAGES: All wages paid by the Contractor and each subcontractor shall be in compliance with The Prevailing Wage Act (820 ILCS 130), as amended,_ except where a prevailing wage violates a federal law, order, or ruling, the rate conforming to the federal law, order, or ruling shall govern. The Contractor shall be responsible to notify each subcontractor of the wage rates set forth in this contract and any revisions thereto. If the Department of Labor revises the wage rates, the revised rate as provided by the public body shall apply to this contract and the Contractor will not be allowed additional compensation on account of said revisions. Contractor will comply with the Illinois prevailing wage law, as amended from time to time. Not less than the prevailing rate of wages as found by Owner or the Illinois Department of Labor shall be paid to all laborers, workers and mechanics performing work under the Contract. If the Department of Labor revises the prevailing rate of wages to be paid laborers, workers or mechanics under the Contract, Owner will notify Contractor and each Subcontractor of the change in the prevailing rate of wages; provided, however, regardless of whether Owner gives such notice, the revised prevailing rate of wages shall apply to the Contract and Contractor shall have the sole responsibility and duty to pay, and ensure that all Page 9 Subcontractors pay, the revised prevailing rate of wages to each person to whom a revised rate is applicable. Revision of the prevailing wages shall not result in an increase in the Contract sum or other cost to Owner. Contractor shall indemnify, defend and hold Owner harmless from any loss, including but not limited to Owner's attorneys fees, resulting from Contractor's failure to comply with this prevailing wage clause. All bonds applicable to the Contract shall include a provision as will guarantee the faithful performance of the obligation to pay the prevailing rate of wages. The Contractor and each subcontractor shall make and keep, for a period of not less than 3 years, records of all laborers, mechanics, and other workers employed by them on the project; the records shall include each worker's name, address, telephone number when available, social security number, classification or classifications, the hourly wages paid in each period, the number of hours worked each day, and the starting and ending times of work each day. The Contractor and each subcontractor shall submit monthly, in person, by mail, or electronically a certified payroll to the public body in charge of the project. The certified payroll shall consist of a complete copy of the records. The certified payroll shall be accompanied by a statement signed by the contractor or subcontractor which states that: (i) such records are true and accurate; (ii) the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required; and (iii) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. Upon 2 business days' notice, the contractor and each subcontractor shall make available for inspection the records to the public body in charge of the project, its officers and agents, and to the Director of Labor and his deputies and agents at all reasonable hours at a location within this State. The Contractor and each subcontractor shall permit his/her employees to be interviewed on the job, during working hours, by compliance investigators of the Department or the Department of Labor. 18. COPIES OF DOCUMENTS The number of copies of Contract required to be executed is as follows: a) Three (3) original counterparts of the Contract documents will be required to be executed. 19. INDEPENDENT CONTRACTOR: There is no employee/employer relationship between the CONTRACTOR and the VILLAGE. CONTRACTOR is an independent contractor and not the Page 10 VILLAGE'S employee for all purposes, including, but not limited to, the application of the Fair Labors Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the Worker's Compensation Act (820 ILCS. 305/1, et seq.). The VILLAGE will not (i) provide any form of insurance coverage, including but not limited to health, worker's compensation, professional liability insurance, or other employee benefits, or (ii) deduct any taxes or related items from the monies paid to CONTRACTOR. The performance of the services described herein shall not be construed as creating any joint employment relationship between the CONTRACTOR and the VILLAGE, and the VILLAGE is not and will not be liable for any obligations incurred by the CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums, nor does there exist an agency relationship or partnership between the VILLAGE and the CONTRACTOR. 20. ASSIGNMENT Neither the VILLAGE nor the CONTRACTOR shall assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld. 21. GOVERNING LAW This Agreement shall be governed by the laws of the State of Illinois as to interpretation, performance and enforcement. The forum for resolving any disputes concerning the parties' respective performance or failure to perform under this Agreement shall be the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois. Page 11 11111 )' •Ir• 2014 Pavement Marking Project The following Specifications and other provisions together with Special Provisions, and all provisions contained in this Bid Package, shall govern the construction of the proposed improvement and are a part of the Contract. A. "Standard Specifications for Road and Bridge Construction", adopted January 1st, 2007, published by the Illinois Department of Transportation (IDOT) along with the latest revision of related "Errata". B. "Supplemental Specifications and Recurring Special Provisions", adopted January 1st, 2012, published by IDOT. C. "Bureau of Local Roads and Streets, Special Provisions and Specifications", published by IDOT. D. "Interim Special Provisions", adopted subsequent to issuance of Supplemental Specifications and Mimeographed Special Provisions Booklet. E. "Manual on Uniform Traffic Control Devices for Streets and Highways", adopted by IDOT. F. "Standard Specifications for Traffic Control Items" latest edition. G. Highway "Standards Manual" published by the Illinois Department of Transportation (IDOT), latest revision. Before submitting the proposal, bidders should read all the above mentioned documents along with the Special Provisions and familiarize themselves with all requirements of same. Before submitting proposals, bidders should visit the site of the proposed work, verify all site conditions and also conditions under which said work must be conducted. Submission of a Proposal implies that the bidder is fully conversant with all requirements of Standard Specifications, Special Provisions, Standard Drawings, and site conditions. No claim for additional compensation will be considered or paid because of the Contractor's negligence or failure to be so informed. Page 1 2014 Pavement Marking Project Special Provisions For Construction The following Special Provisions supplement the previously stated specifications which apply to and govern the construction of the improvement. In case of conflict with any part or parts of said Specifications, the said Special Provisions shall take precedence and shall govern. 102.01 Procedures to,:be in Accordance, With;Rules The bid guarantees of all except the 2 lowest responsible bidders shall be returned after the President and the Board of Trustees of the Village of Oak Brook award the contract. The bid guarantees of the 2 lowest responsible bidders shall be returned after a contract, contract bond, acceptable certificate of insurance, and an acceptable progress schedule have been received from the successful bidder and approved by the Village of Oak Brook. The bid guarantee of all bidders shall be returned in the event that the President and Board of Trustees of the Village of Oak Brook reject all bids. All bids must be accompanied by a bid bond, certified check or bank draft payable to the "Village of Oak Brook" or cash in an amount equal to ten percent (10%) of the total amount of the bid. 105.01. Authority of Engineer , In addition to the requirement of Article 105.01 of the Standard Specifications the Engineer shall not assume any of the responsibilities of the Contractor's superintendent or of Subcontractors; shall not expedite the work for the Contractor; and shall not advise on, or issue directions concerning aspects of construction means, methods, techniques, sequences or procedures, or safety precautions in connection with the work. Coordmationof the Contract Documents , In addition to the requirements of Article 105.05 of the Standard Specifications, the Contractor will be required to fully acquaint himself, Page 2 his staff, his sub -contractors and any and all representatives of his organization and his suppliers with the specific requirements of this project as described by the plans, the various specifications as referenced herein, the special provisions and the standard drawings prior to the execution of any work. Any questions or the need for further clarification or supplemental data required by the Contractor shall be addressed to the Engineer before the work is started, preferable at the pre -construction conference. Depending on the nature of such questions or clarification required, it shall be at the discretion of the Contractor or the Engineer to establish such issues in writing. Claims of ignorance regarding the requirements of the plans, specifications, special provisions and standard drawings will be disallowed and will in no way relieve the Contractor of his responsibility to construct the work in accordance with the provisions cited herein. All work which does not conform to the requirements of the contract will be considered unacceptable and subject to the provisions of Article 105.13 of the Standard Specifications. 105,10:. lkuthortty and duties of Resident Engineer ' The provisions of Article 105.10 of the Standard Specifications shall not apply as there is no Resident Engineer for this project. .105.19: ;Duties of the Inspector In addition to the provisions of Article 105.11, the Engineer shall not assume or be required to assume any of the responsibilities of the contractor's superintendent or the subcontractor's superintendent; the Engineer shall not have control or be in charge of and shall not be responsible for the means, methods, techniques, sequences or procedures of construction, or shall not expedite the work for the contractor; and shall not advise on or issue directions concerning aspects of construction means, methods, techniques, sequence of procedures or the safety, safety precautions or programs of the construction contractor, other contractors or subcontractors performing any of the work/service or be responsible for the failure of the contractor or subcontractor to carry out their respective responsibilities in accordance with the project documents or any other agreement concerning the project. Any provision which purports to amend this provision shall be without effect unless it contains a reference that the content of this section 105.11 is expressly amended for the purposes described in such amendment and is signed by the Engineer. Page 3 The provisions of Article 105.13 of the Standard Specifications have been modified as follows: The entire work shall be treated as a whole and complete project with final acceptance of the entire work only given by the President and Board of Trustees of the Village of Oak Brook, not the Engineer, after all work is completed and approved; therefore, individual sections will not be accepted piecemeal. In addition the requirements of Article 107.02 of the Standard Specifications, Certificates of Insurance shall be presented to the Village within fifteen (15) days after the receipt by the Contractor of the Notice of Award and the unexecuted Contract, it being understood and agreed the Village will not approve and execute the Contract until acceptable insurance certificates are received and approved the Village Attorney. During all construction operations, the Contractor will be required to provide, erect and maintain proper signage and barricades plus provide flagmen as necessary for safe traffic control. I.D.O.T. Standards 701501-05, 701601-06, 701606-06, 701701-06, 701801-04 and 701901-01 are applicable and is included by reference. To insure that safe and efficient traffic control and protection is provided at all times, the Contractor shall provide to the Owner and the Engineer the telephone number of his employee or agent who is responsible for traffic control and protection and shall confirm that this representative will be available at any time, day or night, to correct, add to or modify traffic control devices or provisions to assure safe and efficient traffic operations. This work will not be paid for separately but shall be considered as incidental to the Contract and no extra compensation will be allowed. Diq on i.,avemdnt or Structures In addition to Article 107.15 of the Standard Specifications, the contractor shall provide for the immediate removal of any mud and debris that is deposited onto the streets and sidewalks which was caused by the construction. The contractor shall furnish, when directed by the Village and as often as directed by the Village, all equipment, Page 4 water and labor necessary to clean the pavement of all dust, dirt and debris caused by the contractor's work activities. Dust shall be further controlled by the uniform application of sprinkled water and shall be applied when necessary and/or when directed by the Engineer. The cost of this work shall be included in the unit prices bid and no additional compensation will be allowed. In addition to the requirements of Article 107.18 of the Standard Specifications construction water must be applied from a tank truck and not from hydrants. Arrangements for filling a tank truck shall be made with the Oak Brook Public Works Department, 3003 Jorie Blvd., Oak Brook, Illinois. Replaced by Paragraph 10 of Section C of this Bid Package Replaced by Paragraph 11 of Section C of this Bid Package 107.35 ` Consfruction 'Noise Restrictions. In addition to the requirements of Article 107.35 of the Standard Specifications, the following restrictions shall apply: Additionally, except as provided in subsections (b), (c) and (d) of this section below, no person or entity may use "heavy equipment" in residential areas except between seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. Monday through Friday and between eight o'clock (8:00) A.M. and five o'clock P.M. on Saturdays and Sundays; and in commercial areas except between six o'clock (6:00) A.M. and six o'clock (6:00) P.M. Monday through Friday and between six o'clock (6:00) A.M. and six o'clock (6:00) P.M. on Saturdays and Sundays; provided, however, that such equipment shall not be used at any time on Federal holidays. For purposes of this section, "heavy equipment" shall mean bulldozers, jackhammers, pile drivers, power hammers, chain saws, graders, riveters, earth movers, tree and stump grinders, trenchers, cement mixers, tractors, power hoists or derricks, demolition balls, power shovels, trucks, and power equipment on wheels or traction chains, or other similar equipment, but shall not include garbage trucks which are governed by separate agreement within the Village. Page 5 (a) Other Tools: Tools other than heavy equipment may be used at any time within a fully enclosed structure; any use of such tools outside a fully enclosed structure shall be prohibited between the hours of eight o'clock (8:00) P.M. and eight o'clock (8:00) A.M. except as provided in subsections (b), (c) and (d) of this section below. (b) Emergencies: The limitations stated in this Article 107.35 shall not apply in any situation which requires heavy equipment or other tools in emergencies to assist or avoid a problem related to health or to safety of persons or property or to sewer, water, power, utility or telephone interruptions. (c) Work by Public Agencies: The limitations stated in this Article 107.35 waived by the Board of Trustees by resolution for work undertaken by any public body or agency for the benefit of the public. The Board of Trustees may attach to any such waiver all conditions it deems necessary to protect the public health, safety or welfare. (d) Waiver: The limitations stated in the Article 107.35 may be waived by the Village Manager in areas of the Village zoned for non-residential uses pursuant to the Village of Oak Brook Zoning Ordinance provided, however, that no such waiver shall be granted unless the Village Manager finds that: (1) The party seeking the waiver will suffer a unique or unusual hardship unless the waiver is granted; and (2) The granting of a waiver will not cause a substantial or undue adverse impact upon adjacent property or upon the public health, safety and welfare. The Village Manager may attach to such a waiver all conditions he deems necessary to protect the public health, safety or welfare. (e) Building Permits: Work undertaken pursuant to any permit issued by the Village shall be subject to the provisions of this Section. Page 6 In addition to the requirements of Article 108.01 of the Standard Specifications within fifteen (15) days after the Notice of Award of contract, the Contractor shall submit to the Engineer a list of all the sub -contractors that are to be performing or constructing any type of work in this Contract. The list shall include the sub -contractor's name and address, and the type and amount of work to be performed by the sub -contractor. The provisions of Article 108.02 of the Standard Specification should be modified to read as follows: "The contractor shall submit a Progress Schedule to the Engineer not more than 15 working days after the Notice of Award of the Contract. This schedule will show the order in which the Contractor proposes to carry on the work, the dates on which he will start controlling items, and the contemplated dates for completing controlling items. The Contractor's submission may be a critical path flow chart, bar graph or other appropriate device of the Contractor's choice, and shall clearly indicate the various types of work to be in progress at any point through the term of the Contract. The Progress Schedule shall show that each of the stages of the Contract will be substantially completed within the time provided in the Contract Documents. The Contractor will be required to include a statement regarding the number of days per week and the number of hours per day which he plans to work." Additionally it is understood and agreed that the Village will not approve and execute the Contract nor will the Proposal Guarantee be returned until an acceptable, in the Engineer's opinion, Progress Schedule is received and approved. In addition to the requirements of Article 108.04 of the Standard Specifications, the following restrictions shall apply: No work shall be performed which requires the temporary stoppage of traffic on a road for any reason between the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 P.m. Monday through Friday. Additionally, no work shall be performed before sunrise, after sunset, nor on Saturdays or Sundays unless the Engineer's written permission is obtained. In addition to the provisions of Article 108.07 of the Standard Specifications, the Village shall have the authority to suspend the work due to the Contractor's failure to remove person's who, in the opinion of the Engineer, do not perform the work in a proper manner or are intemperate or disorderly; Page 7 or due to the Contractor's failure to furnish suitable and sufficient personnel or the proper prosecution of the work. 109 07 Partial Payments and tietainage" The provision of Article 109.07 of the Standard Specifications shall be modified so that at least once a month, the Contractor will be responsible for formulating and submitting an approximate estimate and invoice, in writing, to the Engineer of materials in place complete, the amount of WORK performed, and the value thereof, at the CONTRACT unit price. This invoice will be reviewed by the Engineer and revised, if necessary. The Engineer will then forward the partial payment invoice or revised partial payment invoice to the President and Board of Trustees of the Village of Oak Brook for approval of a partial payment. Retainage shall be determined in accordance with the Provisions of Article 109.07 of the (DOT's "Standard Specifications for Road and Bridge Construction", latest edition. Partial payments will not be made until satisfactory waivers of lien are received by the Village of Oak Brook and approved by the Village Attorney. The attached waiver forms at the end of Section C must be used. The following procedure shall be used: 1. 15t Payment — Waiver from the General Contractor is required. Waivers from subcontractors and materialmen are not required. 2 2nd Payment — Waiver from the General Contractor is required. Waivers from subcontractors and materialmen are required in the amounts listed within the General Contractor's "Contractor's Affidavit" from Payment No. 1. 3. 3rd & Subsequent Payments — Same as #2 with amounts as listed within the previous "Contractor's Affidavit" table. 4. Final Payment — All final waivers must be complete. The General must be for the total final amount. The subcontractors and materialmen must be for their total final amounts. A waiver package submitted for payment concerning Village of Oak Brook projects shall utilize waiver forms supplied by the Village and shall meet the following requirements: A. General Contractor 1. Upper part of the Waiver Form must: a) Describe the work or material furnished b) State the name of the project c) Recite the full consideration for amount received ($1.00 waivers are not acceptable) d) Be properly executed by the person furnishing the waiver and be currently dated 2. Lower part of the Waiver Form (Contractor's Affidavit) must: a) State the name of the person executing it b) State the person's position in the company c) State the company's name d) Describe the work or material furnished e) State the name of the project f) State the total amount of the project including extras g) State the amount received to date h) List in the table the names of all subcontractors and/or material suppliers, their work or material furnished, their contract amount, amount previously paid to them, the amount being paid to them with this payout, and any balance due after this payout. The General would also list itself. i) Be properly executed by the person furnishing the Affidavit and be currently dated j) Be notarized and sealed B. Subcontractors and/or Material Suppliers A Waiver and Affidavit must be submitted for every subcontractor and material supplier listed on the General Contractor's Affidavit starting with Payout No. 2. 1. Upper part of the Waiver Form must: a) Identify the company with whom the contract was made to furnish work or material b) Describe the work or material furnished c) State the name of the project d) Recite the full consideration for amount received from the previous payout to the General Contractor ($1.00 waivers are not acceptable) e) Be properly executed. by the person furnishing the waiver and be currently dated 2. Lower part of the Waiver Form (Contractor's Affidavit) must: a) State the name of the person executing it b) State the person's position in the company c) State the company's name Page 9 d) Describe the work or material furnished e) State the name of the project f) State the total amount of the project including extras g) State the amount received to date h) List in the table the names of all subcontractors and/or material suppliers, their work. or material furnished, their contract amount, amount previously paid to them, the amount being paid to them with this payout, and any balance due after this payout. The sub would also list itself. i) Be properly executed by the person furnishing the Affidavit and be currently dated j) Be notarized and sealed A subcontractor may have sub -subcontractors or material suppliers listed in its Affidavit. Each listed entity must supply the necessary waivers. NOTE FOR BOTH GENERAL CONTRACTOR AND SUBCONTRACTORS: If all materials are taken from fully paid stock, the table in the Affidavit should recite: "All materials taken from fully paid stock and delivered to the jobsite in our own trucks." 109.08 Acceptance—and Finai;Payment In provisions of Article 109.08 of the Standard Specifications shall be modified so that the Contractor will be responsible for formulating and submitting to the Engineer the final estimate and invoice, in writing. This invoice will be reviewed by the Engineer and revised, if necessary, to show "As -built" quantities and dimensions. The Engineer will then forward the final invoice or revised final invoice to the President and the Board of Trustees of the Village of Oak Brook for approval and acceptance of work. Payment will not be made until satisfactory waivers of lien are received by the Village of Oak Brook and approved by the Village Attorney. The attached waiver forms at the end of Section C must be used. The waiver procedures stated in the partial payment section will be utilized. Traffic Control and Protection shall be provided as called for in the plans, these Special Provisions, applicable Highway Standards, applicable sections of the Standard Specifications, or as directed by the Engineer. The provisions of Sections 701, 702, and 703 of the Standard Specifications. shall be modified to include the following. Page 10 Two-way movement on all streets and access to all abutting properties shall be maintained at all times. ® All of the contractor's workers must wear fluorescent orange or fluorescent orange and strong yellow/green vests at all times on the project. ® Time of day work restrictions as explained elsewhere in these specifications will be strictly adhered to. ® Traffic control devices include, but not limited to: signs and their supports, pavement marking, type I or type II barricades with sand bags and steady burning lights, channelizing devices, warning lights, arrow boards, flappers or any other device used for the purpose of regulating, warning or guiding traffic through the construction zone. ® The contractor shall be responsible for the proper location, installation and arrangement of all traffic control device. The contractor shall insure that all traffic control devices installed by him are operational twenty-four (24) hours a day; including Sundays and holidays. ® The provisions of Article 701.08 of the Standard Specifications shall be modified to read that all traffic protection and control indicated in said Sections 701, 702, and 703 and as modified in the foregoing, including delays to the contractor caused by complying with these requirements and including all costs necessary to maintain vehicular traffic on the roadway during construction with access to all adjacent properties will not be paid for as separate items, but the costs shall be considered as included in the contract unit prices for the construction items involved, and no additional compensation will be allowed. Page 11 2014 PAVEMENT MARKING PROJECT ADDITIONAL SPECIAL PROVISIONS The following Special Provisions which are not included in IDOT's "Standard Specifications for Road and Bridge Construction",shall be considered and included as a part of the contract documents for this construction. In case of conflict with any part or parts of said Specifications, the said Specifications shall take precedence and shall govern 1.Scope: It is the intent of the Village to do as much pavement marking as possible, based on budgeted funds. The estimated quantity within the Schedule of Prices is a veru rough estimate for the following streets: 16th Street, Harger Road, Spring Road (north of Commerce Drive) and Timber Edge Drive (Roosevelt south frontage road). All necessary pavement marking removals are incidental to this project and will not be paid separately. Pavement marking removals shall be done as would be done for a standard IDOT project. 2. Pre -Construction Meeting: Upon award of the contract to the lowest responsible bidder, the Village will schedule a pre -construction meeting with the contractor. In attendance must be the contractor's representative on the job, i.e., construction superintendent or foreman. 3. Material Safety Data Sheets: The Contractor must submit "Material Safety Data Sheets" for the materials which will be used on said project. These Sheets must be submitted with his bid. 4. Sequence of work: The Engineer shall have the right to change the order of sequence of the work. If at any time before the commencement or during the progress of the work, the materials or appliances used or to be used appear to the Engineer as insufficient or improper for securing the quality of the work required, or the required rate of progress, the Engineer may order the Contractor to increase his efficiency or to improve the character of his equipment, and the contractor shall conform to such orders at no additional cost. But the failure of the Engineer to demand any increase in such efficiency or improvements shall not release the contractor from his obligation to secure the quality of work and/or the rate of progress specified. The Contractor shall at all times keep the Engineer informed of the locations at which he proposes to work and he shall give the Engineer prior notice of twenty-four (24) hours before starting or stopping work. Page 12 5. Changes to Quantities: The Engineer reserves the right during construction to alter the quantities in the "Schedule of Prices". 6. Surplus Materials: All surplus material shall be disposed of by the Contractor at his expense at locations provided by him, This item will be considered as incidental to the contract and no additional compensation will be allowed. 7. Approval of Materials: No material of any kind shall be used until it has been approved by the Village Engineering Department. All material used shall meet the requirements of IDOT and as outlined in these specifications. The Contractor shall provide the Village of Oak Brook with letters of certification from each supplier that all materials used in the project comply with the Standard Specifications and Special Provisions indicated. Final payment will not be made until all letters of certification have been received. 8. Street Sweeping: The Contractor shall be responsible for sweeping and cleaning streets to make sure the street surface is in an acceptable condition, as viewed by the Engineer, before pavement marking and within 36 hours after pavement marking. It is not acceptable to simply blow or sweep routing debris and/or excess sanding material off of streets so as to remain in gutters or parkways. 9. Warran : Due to the possibility of pavement marking significantly occurring in early November, the contractor shall note that all apparently satisfactory pavement marking shall be fully paid by the end of this year. However, the contractor's one- year warranty shall require the dontractor to redo significantly eroded pavement markings the following spring season if more than 5% of this project's work has significantly eroded away. This 5% shall only include those pavement markings done over solid/stable asphalt pavement surfaces. Page 13 Section E Special Conditions 1. EXPERIENCE: The Contractor shall have five (5) years of experience which is comparable in type and scope to this project, and be approved as an installer by the manufacturer. 2. COMMENCEMENT OF WORK: Any contractor shall not commence work under his contract until he has obtained all insurance required, and such insurance has been approved by the Village and all other agencies impacted by the pending project. 3. EMERGENCY 24 HOUR NAME AND TELEPHONE NUMBER: The contractor shall provide the Engineer the name and telephone number of an individual in his direct employ who will be available twenty-four (24) hours a day, seven (7) days a week, to receive notification of any deficiencies regarding traffic control and protection and shall dispatch men, materials and equipment to correct any such deficiencies. The contractor shall respond to any call from the Village concerning any request for improving or correcting traffic control devices and begin making the requested repairs within two (2) hours from the time of notification. 4. HOURS OF WORK: All work shall take place between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday unless otherwise approved in writing by the Village. 5. INSPECTION NOTIFICATION: The contractor shall give twenty-four (24) hour advance notice to the Village Engineering Department prior to starting work or any phase of the work. Other affected governmental and utility agencies must be notified in accordance with their notification procedures. If twenty-four (24) hour advance notice is not supplied to the Village for any or all construction activities, the contractor hereby agrees and allows the Village to stop any and all such unnotified construction activities until the proper 24 hour advance notice is given, all at no cost or penalty to the Village. The contractor shall notify, as necessary, all testing agencies in accordance with their notification procedures. The contractor hereby agrees that failure of the contractor to allow proper notification time which results in the testing agency to be not available to visit the site and perform testing as necessary will cause the contractor to suspend operations (pertaining to testing) until the testing agency can schedule its testing operations. All costs of suspension of work are to be borne by the contractor. Page 14 6. RECORD DRAWINGS: Contractor shall keep one copy of the approved specifications, drawings, addenda, modifications and shop drawings at the site in good order and annotated to show all changes made during the construction process. These plans shall be available to the Village upon completion of the project. 7. CERTIFICATE OF COMPLIANCE: When requested, the contractor shall furnish the Village with Certificates of Compliance with the specifications for all materials used in the construction of this improvement. In the case of pipe, the certificate shall include test results and sketches showing compliance with the applicable ASTM Specifications. Page 15 :• '• is • • � • All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he or she desires. 1. Name of Bidder: Vf QBI IM 2. Permanent main office addresses V U{� 1"(J�J�`(� (U J un1 k V 1 lit 3. When organized: F110 V tX (Jli I �r 4. If a corporation, where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name: f:5 W mr-b 6. Contracts on hand: (Schedule these, showin amount of each contract and the appropriate anticipated dates of completion) nc� CauL A 1MOOD cc*. 11, 2o1y 7. General character of work performed by your company: , �A NP Ann n v\ + N-' !n `, 1/'I n 8. Have you ever defaulted on a contract 9. List, on an attached sheet, the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. Include a contact person and phone # for each. 10. List your major equipment 11 12. Background and expp4ence pf the prin ipal members of your organization, including the officers.rpx0 l t GxT.,�a2�t 13. Credit available: 14. Bank reference: Page 16 �Rc' iC-� )VV -r- CDU CYD-yJ . 15. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Village of Oak Brook: 16. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Village of Oak Brook in verification of the recitals comprising this Statement of Bidder's Qualifications. DATED at �� Illinois this Ul"I day of 2014. t By: R � �c c� Title STATE OF ILLINOIS ) ) SS. COUNTY OF FMIPLULWL(Lu being duly ,^,�w,o�rn deposes and says that he is the SDS. of �P4i�i YY Y�{�nd that the answers to the foregoing questions and all statements therein contain are true and correct. SUBSCRIBED 2014. Page 17 Bidder shall supply the following information listing at least five customers for which the bidder has supplied a similar type of commodities, service, or construction. 1. Company Name: Address: �V6-60 LW'S R/P NOrth WCQ-0IL too®(oq Phone #: ao q ® Sy -j- 9,�q Contact: 30 hka.WhtHtr 2. Company Name: Address: Phone #: Contact: 3. Company Address: Phone #: Contact: I ®1''m1nt 16 Sh 4. Company Name: Address: Phone #: Contact: 5. Company Name: Address: Phone #: Contact: FDr \ U \ 5< Page 1 The undersigned, being first duly sworn an oath, deposes and states that he has the authority to make this certification on behalf of the bidder for the construction, product, commodity, or service briefly described as follows: "2014 Pavement Marking Project" (A) The undersigned certifies that, pursuant to Chapter 720, Section 5/33E of the Illinois Compiled Statutes, 1993, the bidder is not barred from bidding on this contract as a result of a conviction for the violation of State of Illinois laws prohibiting bid -rigging or bid -rotating. (B) The undersigned states under oath that, pursuant to Chapter 65, Section 5/11- 42.1-1 of the Illinois Compiled Statutes, 1993, the bidder is not delinquent in the payment of any tax administered by the Illinois Department of Revenue. (C) The undersigned certifies that, pursuant to Chapter 775, Section 5/2-105. of the Illinois Compiled Statutes, 1993, the bidder has a written sexual harassment policy in place including the following information: 1. An acknowledgment of the illegality of sexual harassment. 2. The definition of sexual harassment under State law. 3. A description of sexual harassment, utilizing examples. 4. The contractor's internal complaint process including penalties. 5. The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. 6. Directions on how to contact the Department or the Commission. This bminess firm is: (check one) "9- orporation Partnership Individual Firm Name:i� Address: 7�1 City, State, ZIP: Name Printed: Nff ao &kWO— — 5�2_ TelephoneN RN glow_ Date:. Page 1 ATTEST: ......_.. _.. - SEAL-SUBSCRIBED A�V� WORN TO INIIIJI before m� this �C' daw CF110,11l. SF L NUP1'r_ia91 v1 SF L'. 4R NCr4i;Y ?UaLIC - STArE _FILL 14 C044w?ISSICN EXPIRES',11117l1h as�yy,:e�esawymoa�sr^,r-m�s nnrxaera'° ' Page 2 I !11 1111111 111111 1 111 1111 Immix, 1 11 111!1111�111 !I �. 2014 Pavement Marking THIS AGREEMENT, made and concluded this l� � day of W— 2014, between the Village of Oak Brook, a municipal corporation, a ing by ark rough(� its President and Board of Trustees, known as VILLAGE, and c S-Nt �\U" his executors, administrators, successors or assigns, known as CONTRACTOR. 2. WITNESSETH: That for and in consideration of the payments and agreements mentioned in the Bid hereto attached, to be made and performed by the VILLAGE, and according to the terms expressed in the Bond (if applicable) referring to these presents, the CONTRACTOR agrees, at their own proper cost and expense, to do all work, furnish all materials and all labor necessary to complete the work in accordance with the plans and specifications hereinafter described, and in full compliance with all of the terms of this Contract. 3. And it is also understood and agrGG��d that the e re Bid Package hereto attached, approved by the VILLAGE this �`ffiE�day of U*j0t!'2014, are all essential documents of this contract and are a part hereof. 4. IN WITNESS WHEREOF, the said parties have executed these presents on the above mentioned date. ATTEST: VILE < BROOK !I By Village Clerk Gopal G. Lalmalani, MD, MMA. Village President ATTEST: Corporate Name By Secret o ractor Page 1 Partners doing Business under (If a Co -Partnership) the firm name of Party of the Second Part (If an Individual) Party of the Second Part Page 2 ) 1 y \ 1IC vi 11-VIR1 I v �Av P -U he eifter r ferr to as "Contractor" having submitted a bid/proposal for to the Village of Oak Brook, DuPage/Cook Counties, Illi ois, hereby certifies that Contractor has a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105(A)(4) including the following information: 1. An acknowledgment of the illegality of sexual harassment. 2. The definition of sexual harassment under State law. 3. A description of sexual harassment, utilizing examples. 4. The contractor's internal complaint process including penalties. 5. The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. 6. Directions on how to contact the Department or the Commission. 7. An acknowledgment of protection of a complaint against retaliation as provided in Section 6-101 of the Human Rights Act. Each contractor must provide a copy of such written policy to the Illinois Department of Human Rights upon request. By: Aut o ized gen o Contractor Page 3 OFFClr'r S[AL NWHZ,!1 1r sa.Z vR NGTAR.Y PUBLIC - STATE, OF iLLLNOIS MY COMMISSION -EXPIRES:11/17114 E.R,�vSf'v^F14f.3V tre4fY�3IbiJv�!hbDbFPeP4W:� PREVAILING WAGE AFFIDAVIT I, W � I W ( L_UM- V��— (name of signatory), on oath hereby state and certify that) I V')UU ,pVM P�IJU !-b [1 hame of Contractor), pursuant to a Contract dated A 2014, with the Village of Oak Brook for the w ifProject, has complied and will comply with all laws, including those relating to the employment of labor, the payment of the current general prevailing rate of hourly wages for each craft or type of worker or mechanic needed to execute the Contract or perform such work, and also the current general prevailing rate for legal holiday and overtime work, as ascertained by the Illinois Department of Labor for DuPage County, Illinois, and those prevailing rates are paid and shall be paid for each craft or type of worker -,or mechanic needed to execute the aforesaid Contract or to n� r ' perform such work. � � �P�� m �%I (name of Contractor) has also complied and will comply with all record keeping requirements established in the Prevailing Wage Act (820 ILCS 1.30/0.01, et seq. CONTRACTOR: By: Title: SUBSCRIAND SWOR I TO EFORE M THIS TID DAY 2014 NOTARY PUBLIC Page 4 LI C:(�Afit RI '`s WuTAr' U5!.IC Si 1117 My CC,!, ,71c,SjOhl E�Ip, 3:1 i177f111 4 v`6-.majiv^ytk:q« Jv - ifMJ� CERTIFICATION OF PAYROLL RECORDS (name of person execut' thi erti icate), do hereby certify hat I hg� d Mccurate alified and acting (title) for MON 11@`�i(e of contractor) and, as such, am authorized to certify payroll records as true for such company in accordance with the requirements of Section 5 of the Prevailing Wage Act (820 ILCS 130/5) (the "Act"). I do hereby further certify that the following document is a true and accurate copy of t records .o all laborers, mechanics, and other workers employed by �j frC N VU�t�enl 1YI me of contractor) on the (M fq Project (the "Project") for the Village of Oak Brook (the "Village"), including each such worker's name, address, telephone number, social security number, classification or classifications; and the hourly wages paid in each pay period, hours worked each day, and the starting and ending times of work each day for each such worker on such Project. I do hereby further certify that the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required by the Act, and that n ' }6,tm LgUatt uR (name of contractor), and I on behalf of such contractor, are fully aware that filin a certified payroll that we know to be false is a Class B misdemeanor. I further certify that upon two (2) business days' notice, if requested, we and any subcontractor hired by us shall make available for inspection the records required in the Act to the District, its officers and agents, and to the Director of Labor, his deputies and agents, at reasonable hours at a location within the State of Illinois. Date: qW 114 2014 �,41, d M &w no M mv kw (R(— - (Name -of Contractor 65� rd (Title) Subs r ed and sy�orn_ �o before me this , day of o 2014. Notary Page 5 SEA H-11 ! MI N! ,1 1 P)(:'rAfri "'.331.IC-3A?E OS'IU.INOIS z ) MY COMNISSION EXPIRES. 11/17/14 ^J�fbFFrehPkPiitF P''.3m^aa49*s4f'Raes�wT' a'c1..oQ� CONTRACTOR'S CERTIFICATIONS (CONTRACT EXECUTION) N/Weing executed a contract for =U-� WAith the VILLAGE, hereby certifi that said contractor is not barred from executin said contract as a result of a violation of either Section 5/33E-3 or 5/33E-4 of Chapter 720 of the Illinois Compiled Statutes. Contractor deposes, states and certifies it will provide a drug free workplace by complying with Section 3 of the Illinois Drug Free Workplace Act, being 30 ILCS 580/3. Attest/Witness: By. Title: am GU Subscribed and Sworn to bef Ce me this d y of=' 20�. I i tary Public Contractor By: Nam of Contractor's Executing Officer Title: Tf�dap� Title of Contractor's Executing Officer My Commission Expires: 1 t t p;=F1Ci; Page 6 2014 Pavement Marking Project Subject to Adjustment Based on Final Contract Price We, as PRINCIPAL, and as SURETY, are held and firmly bound unto the Village of Oak Brook (hereafter referred to as "VILLAGE") in the penal sum of Dollars ($ ), lawful money of the United States, well and truly to be paid unto said VILLAGE, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, jointly to pay to VILLAGE this sum under the conditions of this instrument. WHEREAS THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that, the said Principal has entered into a written contract with the Village acting through its awarding authority for the above stated project, which contract is hereby referred to and made a part hereof, as if written herein at length, and whereby the said Principal has promised and agreed toep rform said work in accordance with the terms of said contract, including, but not limited to the term requiring the payment at the prevailing rate of hourly wages, and has promised to pay all sums of money due for any labor, materials, apparatus, fixtures or machinery furnished to such Principal for the purpose of performing such work and has further agreed to pay all direct and indirect damages to any person, firm, company, or corporation suffered or sustained on account of the performance of such work during the time thereof and until such work is completed and accepted, except as modified by the Guarantee section of the Bid; and has further agreed that this bond shall inure to the benefit of any person, firm, company or corporation, to whom any money may be due from the Principal, subcontractor or otherwise, for any such labor, materials, apparatus, fixtures or machinery so furnished and that suit may be maintained on such bond by any such person, firm, company, or corporation, for the recovery of any such money. Page 7 NOW, THEREFORE, if the said Principal shall well and truly perform said work in accordance with the terms of said contract, and shall pay all sums of money due or to become due for any labor, materials, apparatus, fixtures or machinery furnished to him for the purpose of performing such work, and shall commence and complete the work within the time prescribed in said contract, and shall pay and discharge all damages, direct and indirect, that may be suffered or sustained on account of such work during the time of the performance thereof and until the said work shall have been accepted, and shall hold VILLAGE harmless on account of any such damages and shall in all respects fully and faithfully comply with all the provisions, conditions, and requirements of said contract, then this obligation to be void; otherwise to remain in full force and effect. IN TESTIMONY WHEREOF, the said PRINCIPAL and the said SURETY have caused this instrument to be signed by their respective officers this day of 2014. PRINCIPAL (Company Name) A (Signature) (Company Name) (Signature) (Title) (Title) (If PRINCIPAL is a joint venture of two or more contractors, the company names and authorized signatures of each contractor must be affixed.) SURETY By: (Name of Surety) (Signature of Attorney in Fact) Page 8 State of Illinois ) ) SS. County of ) I, a Notary Public in and for said county, do hereby certify that (names of individuals signing on behalf of Principal and Surety) who are each personally known to me to be the same persons whose names are subscribed to the foregoing instrument on behalf of PRINCIPAL and SURETY, appeared before me this day in person and acknowledged respectively, that they signed and delivered said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this day of 2014. Notary Public My commission expires: Page 9 PAYMENT BOND Bond Number: BDA CONTRACTOR: Precision Pavement Markings Inc. P.O. Box 705 Elgin, IL 60121 OWNER: Village of Oakbrook 1200 Oak Brook Road Oak Brook, IL 60523 CONSTRUCTION CONTRACT Date: October 15th, 2014 AMCO Insurance Company Nationwide Mutual Insurance Company Allied Property & Casualty Insurance Company 1100 Locust St., Dept 2006 Des Moines, IA 50391-2006 (866)387-0457 SURETY: AMCO Insurance Company 1100 Locust St., Dept. 2006 Des Moines, IA 50391-2006 Amount: $63,850.00 Sixty Three Thousand Eight Hundred Fifty Dollars and Zero Cents. Description: Village of Oakbrook, 2014 Pavement Marking Program BOND Date: October 15th, 2014 Amount: $63,850.00 Sixty Three Thousand Eight Hundred Fifty Dollars and Zero Cents. Modifications to this Bond: [Z]None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) p,yevuq �o\ Precision Pavement Markings Inc. AMCO Insurance Company ®e?o w.li-oi R ®®� IPW1d Signature: � � � Signature. Name Name And Title: Billy azar and Title: W Jennifer D. Allard , Attorney -in -Fact (Any additional signatures appear on the last page of this performance Bond) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNERS REPRESENTATIVE: (Architect, Engineer or other party) Lundstrom Insurance 2205 Point Blvd. Elgin, Illinois 60123 This document conforms to American Institute of Architects Document A312, 2010 edition § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contact with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13) § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of e Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. This document conforms to American Institute of Architects Document A312, 2010 edition § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants tinder this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or set vice was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms `labor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. This document conforms to American Institute of Architects Document A312, 2010 edition § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be a Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name And Title: Address Signature: Name and Title: Address This document conforms to American Institute of Architects Document A312, 2010 edition , Attorney -in -Fact KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: Brett Lundstrom, Craig Flynn, Jennifer Allard, Susan Cnori each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of One Millie. Dollars and No/100 51,000,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the fallowing resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -tact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and seated under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this Instrument to be sealed and dui attested by the signature of its officer the 13' day of February, 2014. - r errance Williams, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company P/s�® / .' and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, SEAL: ® A, SEAV./ AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance Company ACKNOWLEDGMENT STATE OF IOWA, COUNTY OF POLK: ss 4l a<w.On this 13"' day of February, 2014,before me came the above-named officer for the Companies aforesaid, to O; SEAL";� O,TSEALi£� me personally known to be the officer described in and who executed the preceding instrument, and he 4 '• acknowledged the execution of the same, and being by me dulysworn, deposes and says, that he lathe officer li�°ftmii> °® ®�'�.vai,g;(di`*® of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the ®®® ®®®® said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and ® ® direction of said Companies.-- - -- - -- di t ---- ®4" ®.: s®® Sandy Alitz A* /_ep '��® /( ® nsomw Notarial Seal—lohva O SEAL � v ';SEAL; Commission Number 152785 �A : ® Notary Public i., M_ Comm ] A ission Expires March,, 2017 ®`FNAB, `® r My Commission Expires CERTIFICATE March 24, 2017 I, Robert W Horner III, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended In any manner; that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN W E S WHEREOF I h e hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this of 120 uy This Power of Attorney Expires March 24, 2017 BDJ 1(03-14) 00 PERFORMANCE BOND Bond Number: BDA43e570 CONTRACTOR: Precision Pavement Markings Inc. P.O. Box 705 Elgin, IL 60121 I:I1V.V01111.i Village of Oakbrook 1200 Oak Brook Road Oak Brook, IL 60523 CONSTRUCTION CONTRACT Date: October 15th, 2014 AMCO Insurance Company Nationwide Mutual Insurance Company Allied Property & Casualty Ittsuance Company 1100 Locust St., Dept 2006 Des Moines, IA 50391-2006 (866)387-0457 SURETY: AMCO Insurance Company 1100 Locust St., Dept. 2006 Des Moines, IA 50391-2006 Amount: $63,850.00 Sixty Three Thousand Eight Hundred Fifty Dollars and Zero Cents. Description: Village of Oakbrook, 2014 Pavement Marking Program BOND Date: October 15th, 2014 Amount: $63,850.00 Sixty Three Thousand Eight Hundred Fifty Dollars and Zero Cents Modifications to this Bond: ❑✓ None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) ` ; MI,%p Precision Pavement Markings Inc. AMCO Insurance Company :SEAI,3 t I { '14% •'`ONS •'� Signature: Signature: V '00 WAIlardAttorney-m-Fact, Name Name And Title: Billy J. and Title: Jennifer D. (Any additional signatures appear on the last page of this Performance Bond) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNERS REPRESENTATIVE: (Architect, Engineer or other party.) Lundstrom Insurance 2205 Point Blvd. Elgin, Illinois 60123 This document conforms to American Institute of Architects Document A312, 2010 edition § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provide in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default: .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for the execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in pato, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. § 7 If the Surety elects to act under Section 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for This document conforms to American Institute of Architects Document A312, 2010 edition I the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contact, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontractors, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contactor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be a Subcontractor and the term Owner shall be deemed to be Contractor. This document conforms to American Institute of Architects Document A312, 2010 edition § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name And Title: Address Signature: Name and Title: Address This document conforms to American Institute of Architects Document A312, 2010 edition Attorney -in -Fact KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: Brett Lundstrom, Craig Flynn, Jennifer Allard, Susan Onori each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of One Million Dollars and No/100 81,000,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -In -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, Instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed ando I treated by the signature of its officer the 1e day of February, 2014. - ---- ®®vuww®®® ra" asp, France I rams, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company ®3r® ® and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, ',.,SEAL;,® , SEAL,!,A AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance ®® r �'® Company ®°<c1®v® ® ACKNOWLEDGMENT ®®sugv�0 ®��?:�' ymw •`°,�®STATE OF IOWA, COUNTY OF POLK: ss Ra.., �® On this 13°i day of February, 2014, before me came the above-named officer for the Companies aforesaid, to Q !;SEAL ,g /I®o;,SEALI me personally known to be the officer described in and who executed the preceding instrument, and he ��acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer ®iij Ar"NO, ® ®�o ®® of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and ®®O direction of said Companies. ♦nssusr® �$,sv�wuvrr.®® San ®oat: yrawr kot d rl Y ®®;:SEALe ®' ® Nomrial Seal—Iowa ;SEAL; ® Commission Number 152785 o........�> ® My Commission Expires Marcb, 29, 2017 Notary Public My Commission Expires CERTIFICATE March 24, 2017 I, Robert W Horner III, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN E S WHEREOF I h a hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this � day of , 20l T —7— Secretary This Power of Attorney Expires March 24, 2017 BDJ 1(03-14) 00