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Contract for Reservoir A Fuel Tank ReplacementVILLAGE OF OAK BROOK CONTRACT FOR RESERVOIR A FUEL TANK REPLACEMENT A Approved as to I VILLAGE OF OAK BROOK CONTRACT FOR RESERVOIR A FUEL TANK REPLACEMENT TABLE OF CONTENTS Page ARTICLEI The Work...................................................................................................1 1.1 Performance of the Work............................................................................1 1.2 Commencement and Completion Dates......................................................2 1.3 Required Submittals....................................................................................2 1.4 Review and Interpretation of Contract Provisions ...................................... 3 1.5 Conditions at the Work Site; Record Drawings .......................................... 3 1.6 Technical Ability to Perform.......................................................................4 1.7 Financial Ability to Perform........................................................................4 1.8 Time.............................................................................................................4 1.9 Safety at the Work Site................................................................................5 1.10 Cleanliness of the Work Site and Environs.................................................5 1.11 Damage to the Work, the Work Site, and Other Property ...........................5 1.12 Subcontractors and Suppliers...................................................................... 6 1.13 Simultaneous Work By Others....................................................................6 1.14 Occupancy Prior to Final Payment.............................................................. 6 1.15 Owner's Right to Terminate or Suspend Work for Convenience ...............6 ARTICLE II Changes And Delays..................................................................................7 2.1 Changes....................................................................................................... 7 2.2 Delays..........................................................................................................7 ARTICLE III Contractor's Responsibility For Defective Work ................................... 8 3.1 Inspection; Testing; Correction of Defects .................................................. 8 3.2 Warranty of Work........................................................................................ 8 3.3 Owner's Right to Correct............................................................................ 9 ARTICLE IV Financial Assurances:................................................................................9 4.1 Bonds...........................................................................................................9 4.2 Insurance...................................................................................................... 9 4.3 Indemnification..........................................................................................10 ARTICLEV Payment....................................................................................................10 5.1 Contract Price............................................................................................10 5.2 Taxes and Benefits...................................................................F..............:. 10 -i- 5.3 Progress Payments.....................................................................................10 Attachment C: 5.4 Final Acceptance and Final Payment........................................................11 Special Project Requirements 5.5 Liens..........................................................................................................11 Appendix 2: 5.6 Deductions.................................................................................................12 Form of Labor and Materials Bond ARTICLE VI Disputes And Remedies...........................................................................13 6.1 Dispute Resolution Procedure...................................................................13 6.2 Contractor's Remedies..............................................................................13 6.3 Owner's Remedies.....................................................................................13 6.4 Owner's Special Remedy for Delay..........................................................15 6.5 Terminations and Suspensions Deemed for Convenience ........................15 ARTICLE VII Legal Relationships And Requirements................................................15 7.1 Binding Effect...........................................................................................15 7.2 Relationship of the Parties.........................................................................15 7.3 No Collusion/Prohibited Interests.............................................................15 7.4 Assignment................................................................................................16 7.5 Confidential Information...........................................................................16 7.6 No Waiver.................................................................................................16 7.7 No Third Party Beneficiaries.....................................................................17 7.8 Notices.......................................................................................................17 7.9 Governing Laws........................................................................................17 7.10 Changes in Laws........................................................................................18 7.11 Compliance with Laws..............................................................................18 7.12 Compliance with Patents...........................................................................19 7.13 Time...........................................................................................................19 7.14 Severability................................................................................................19 7.15 Entire Agreement.......................................................................................20 7.16 Amendments..............................................................................................20 Contractor's Certification Attachment A: Supplemental Schedule of Contract Terms Attachment B: Specifications Attachment C: List of Drawings Attachment D: Special Project Requirements Appendix 1: Prevailing Wage Ordinance Appendix 2: Form of Performance Bond Appendix 3: Form of Labor and Materials Bond VILLAGE OF OAK BROOK CONTRACTFOR RESERVOIR A FUEL TANK REPLACEMENT In consideration of the mutual promises set forth below, the Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, Illinois, 60523, an Illinois municipal corporation ("Owner"), and Crowne Industries, Ltd. a Corporation ("Contractor"), make this Contract as of r, i iLe , 201_�C , (the "Effective Date") and hereby agree as follows: ARTICLE I: THE WORK 1.1 Performance of the Work Contractor, at its sole cost and expense, must provide, perform, and complete all of the following, all of which is herein referred to as the "Woriz': Labor, Equipment, Materials, and Supplies. Provide, perform, and complete, in the manner described and specified in this Contract, all necessary work, labor, services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data, and other means and items necessary to accomplish the Project at the Work Site, both as defined in Attachment A, in accordance with the specifications attached hereto as Attachment B, the drawings identified in the list attached hereto as Attachment C, and the Special Project Requirements attached hereto as Attachment D. 2. Permits. Except as otherwise provided in Attachment A, procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith. Bonds and Insurance. Procure and furnish all Bonds and all certificates of insurance specified in this Contract. 4. Taxes. Pay all applicable federal, state, and local taxes. 5. Miscellaneous. Do all other things required of Contractor by this Contract, including without limitation arranging for utility and other services needed for the Work and for testing, including the installation of temporary utility lines, wiring, switches, fixtures, hoses, connections, and meters, and providing sufficient sanitary conveniences and shelters to accommodate all workers and all personnel of Owner engaged in the Work. uali . Provide, perforin, and complete all of the foregoing in a proper and workmanlike manner, consistent with the highest standards of professional and S! CONTRACT construction practices and in full compliance with, and as required by or pursuant to, this Contract, and with the greatest economy, efficiency, and expedition consistent therewith, with only new, undamaged and first quality equipment, materials, and supplies. 1.2 Commencement and Completion Dates Contractor must commence the Work not later than the "Commencement Date" set forth on Attachment A and must diligently and continuously prosecute the Work at such a rate as will allow the Work to be fully provided, performed, and completed in full compliance with this Contract not later than the "Completion Date" set forth in Attachment A. The time of commencement, rate of progress, and time of completion are referred to in this Contract as the "Contract Time." 1.3 Reauired Submittals A. Submittals Required. Contractor must submit to Owner all documents, data, and information specifically required to be submitted by Contractor under this Contract and must, in addition, submit to Owner all such drawings, specifications, descriptive information, and engineering documents, data, and information as may be required, or as may be requested by Owner, to show the details of the Work, including a complete description of all equipment, materials, and supplies to be provided under this Contract ("Required Submittals"). Such details must include, but are not limited to, design data, structural and operating features, principal dimensions, space required or provided, clearances required or provided, type and brand of finish, and all similar matters, for all components of the Work. B. Number and Format. Contractor must provide three complete sets for each Required Submittal. All Required Submittals must be prepared on white 8-1/2" x 11 ". C. Time of Submission and Owner's Review. All Required Submittals must be provided to Owner no later than the time, if any, specified in this Contract for their submission or, if no time for submission is specified, in sufficient time, in Owner's sole opinion, to permit Owner to review the same prior to the commencement of the part of the Work to which they relate and prior to the purchase of any equipment, materials, or supplies that they describe. Owner will have the right to require such corrections as may be necessary to make such submittals conform to this Contract. All such submittals will, after final processing and review with no exception noted by Owner, become a part of this Contract. No Work related to any submittal may be performed by Contractor until Owner has completed review of such submittal with no exception noted. Owner's review and stamping of any Required Submittal will be for the sole purpose of examining the general management, design, and details of the proposed Work, does not relieve Contractor of the entire responsibility for the performance of the Work in full compliance with, and as required by or pursuant to this Contract, and may not be regarded as any assumption of risk or liability by Owner. -2- CONTRACT D. Responsibility for Delay. Contractor is responsible for any delay in the Work due to delay in providing Required Submittals conforming to this Contract. 1.4 Review and Interpretation of Contract Provisions Contractor represents and warrants that it has carefully reviewed this Contract, including all of its Attachments, and the drawings identified in Attachment C, all of which are by this reference incorporated into and made a part of this Contract. Contractor must, at no increase in the Contract Price, provide workmanship, equipment, materials, and supplies that fully conform to this Contract. Whenever any equipment, materials or supplies are specified or described in this Contract by using the name or other identifying feature of a proprietary product or the name or other identifying feature of a particular manufacturer or vendor, the specific item mentioned is understood as establishing the type, function and quality desired. Other manufacturers' or vendors' products may be accepted, provided that the products proposed are equivalent in substance and function to those named as determined by Owner in its sole and absolute discretion. Contractor must promptly notify Owner of any discrepancy, error, omission, ambiguity, or conflict among any of the provisions of this Contract before proceeding with any Work affected thereby. If Contractor fails to give such notice to Owner, then the subsequent decision of Owner as to which provision of this Contract governs is final, and any corrective work required does not entitle Contractor to any damages, to any compensation in excess of the Contract Price, or to any delay or extension of the Contract Time. When the equipment, materials, or supplies famished by Contractor cannot be installed as specified in this Contract, Contractor must, without any increase in the Contract Price, make all modifications required to properly install the equipment, materials, or supplies. Any such modification is subject to the prior review and consent of Owner. 1.5 Conditions at the Work Site; Record Drawings Contractor represents and warrants that it has had a sufficient opportunity to conduct a thorough investigation of the Work Site and the surrounding area and has completed such investigation to its satisfaction. Contractor will have no claim for damages, for compensation in excess of the Contract Price, or for a delay or extension of the Contract Time based upon conditions found at, or in the vicinity of, the Work Site. When information pertaining to subsurface, underground or other concealed conditions, soils analysis, borings, test pits, utility locations or conditions, buried structures, condition of existing structures, and other investigations is or has been provided by Owner, or is or has been otherwise made available to Contractor by Owner, such information is or has been provided or made available solely for the convenience of Contractor and is not part of this Contract. Owner assumes no responsibility whatever in respect to the sufficiency or accuracy of such information, and there is no guaranty or warranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the Work or the Work Site, or that the conditions indicated are representative of those existing at any particular location, or that the conditions indicated may not change, or that unanticipated conditions may not be present. -3- CONTRACT Contractor is solely responsible for locating all existing underground installations by prospecting no later than two workdays prior to any scheduled excavation or trenching, whichever is earlier. Contractor must check all dimensions, elevations, and quantities indicated in this Contract within the same time period as set forth above for prospecting underground installations. Contractor must lay out the Work in accordance with this Contract and must establish and maintain such locations, lines and levels. Wherever pre-existing work is encountered, Contractor must verify and be responsible for dimensions and location of such pre-existing work. Contractor must notify Owner of any discrepancy between the dimensions, elevations and quantities indicated in this Contract and the conditions of the Work Site or any other errors, omissions or discrepancies which Contract may discover during such inspections. Full instructions will be furnished by Owner should such error, omission, or discrepancy be discovered, and Contractor must carry out such instructions as if originally specified and without any increase in Contract Price. Before Final Acceptance of the Work, Contractor must submit to Owner two sets of Drawings of Record, unless a greater number is specified elsewhere in this Contract, indicating all field deviations from Attachment B or the drawings identified in Attachment C. 1.6 Technical Ability to Perform Contractor represents and warrants that it is sufficiently experienced and competent, and has the necessary capital, facilities, plant, organization, and staff, to provide, perform and complete the Work in full compliance with, and as required by or pursuant to, this Contract. 1.7 Financial Ability to Perform Contractor represents and warrants that it is financially solvent, and Contractor has the financial resources necessary to provide, perform and complete the Work in fall compliance with, and as required by or pursuant to, this Contract. 1.8 Time Contractor represents and warrants that it is ready, willing, able and prepared to begin the Work on the Commencement Date and that the Contract Time is sufficient time to permit completion of the Work in full compliance with, and as required by or pursuant to, this Contract for the Contract Price, all with due regard to all natural and man-made conditions that may affect the Work or the Work Site and all difficulties, hindrances, and delays that may be incident to the Work. 1.9 Safety at the Work Site Contractor is solely and completely responsible for providing and maintaining safe conditions at the Work Site, including the safety of all persons and property during performance of the Work. This requirement applies continuously and is not limited to normal 0 CONTRACT working hours. Contractor must take all safety precautions as necessary to comply with all applicable laws and to prevent injury to persons and damage to property. Contractor must conduct all of its operations without interruption or interference with vehicular and pedestrian traffic on public and private rights-of-way, unless it has obtained permits therefore from the proper authorities. If any public or private right-of-way are rendered unsafe by Contractor's operations, Contractor must make such repairs or provide such temporary ways or guards as are acceptable to the proper authorities. 1.10 Cleanliness of the Work Site and Environs Contractor must keep the Work Site and adjacent areas clean at all times during performance of the Work and must, upon completion of the Work, leave the Work Site and adjacent areas in a clean and orderly condition. 1.11 Damage to the Work, the Work Site, and Other Property The Work and everything pertaining thereto is provided, performed, completed, and maintained at the sole. risk and cost of Contractor from the Commencement Date until Final Payment. Contractor is fully responsible for the protection of all public and private property and all persons. Without limiting the foregoing, Contractor must, at its own cost and expense, provide all permanent and temporary shoring, anchoring and bracing required by the nature of the Work in order to make all parts absolutely stable and rigid, even when such shoring, anchoring and bracing is not explicitly specified, and support and protect all buildings, bridges, roadways, conduits, wires, water pipes, gas pipes, sewers, pavements, curbs, sidewalks, fixtures and landscaping of all kinds and all other public or private property that may be encountered or endangered in providing, performing and completing the Work. Contractor will have no claim against Owner because of any damage or loss to the Work or to Contractor's equipment, materials, or supplies from any cause whatsoever, including damage or loss due to simultaneous work by others. Contractor must, promptly and without charge to Owner, repair or replace, to the satisfaction of Owner, any damage done to, and any loss suffered by, the Work and any damage done to, and any loss suffered by, the Work Site or other property as a result of the Work. Notwithstanding any other provision of this Contract, Contractor's obligations under this Section exist without regard to, and may not be construed to be waived by, the availability or unavailability of any insurance, either of Owner or Contractor, to indemnify, hold harmless, or reimburse Contractor for the cost of any repair or replacement work required by this Section. 1.12 Subcontractors and Suppliers A. Approval and Use of Subcontractors and Suppliers. Contractor must perform the Work with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by Owner in writing. All subcontractors, suppliers, and subcontracts used by Contractor must be acceptable to, and approved in advance by, Owner. Owner's approval of any subcontractor, supplier, and subcontract does not relieve Contractor of full responsibility and liability for the provision, performance, and -5- CONTRACT completion of the Work in fall compliance with, and as required by or pursuant to, this Contract. All Work performed under any subcontract is subject to all of the provisions of this Contract in the same manner as if performed by employees of Contractor. Every reference in this Contract to "Contractor" is deemed also to refer to all subcontractors and suppliers of Contractor. Every subcontract must include a provision binding the subcontractor or supplier to all provisions of this Contract. B. Removal of Subcontractors and Suppliers. If any subcontractor or supplier fails to perform the part of the Work undertaken by it in a manner satisfactory to Owner, Contractor must immediately upon notice from Owner terminate such subcontractor or supplier. Contractor will have. no claim for damages, for compensation in excess of the Contract Price, or for a delay or extension of the Contract Time as a result of any such termination. 1.13 Simultaneous Work By Others Owner has the right to perform or have performed such other work as Owner may desire in, about, or near the Work Site during the performance of the Work by Contractor. Contractor must make every reasonable effort to perform the Work in such manner as to enable both the Work and such other work to be completed without hindrance or interference from each other. Contractor must afford Owner and other contractors reasonable opportunity for the execution of such other work and must properly coordinate the Work with such other work. 1.14 Occupancy Prior to Final Payment Owner will have the right, at its election, to occupy, use, or place in service any part of the Work prior to Final Payment. Such occupancy, use, or placement in service must be conducted in such manner as not to damage any of the Work or to unreasonably interfere with the progress of the Work. No such occupancy, use, or placement in service may be construed as an acceptance of any of the Work or a release or satisfaction of Contractor's duty to insure and protect the Work, nor may it, unless conducted in an unreasonable manner, be considered as an interference with Contractor's provision, performance, or completion of the Work. 1.15 Owner's Richt to Terminate or Suspend Work for Convenience A. Termination or Suspension for Convenience. Owner has the right, for its convenience, to terminate or suspend the Work in whole or in part at any time by written notice to Contractor. Every such notice must state the extent and effective date of such termination or suspension. On such effective date, Contractor must, as and to the extent directed, stop Work under this Contract, cease all placement of further orders or subcontracts, terminate or suspend Work under existing orders and subcontracts, cancel any outstanding orders or subcontracts that may be cancelled, and take any action necessary to protect any property in its possession in which Owner has or may acquire any interest and to dispose of such property in such manner as may be directed by Owner. M CONTRACT B. Payment for Completed Work. In the event of any termination pursuant to Subsection 1.15A above, Owner must pay Contractor (1) such direct costs, excluding overhead, as Contractor has paid or incurred for all Work done in compliance. with, and as required by or pursuant to, this Contract up to the effective date of termination together with ten percent of such costs for overhead and profit; and (2) such other costs pertaining to the Work, exclusive of overhead and profit, as Contractor may have reasonably and necessarily incurred as the result of such termination. Any such payment may be offset by any prior payment or payments and is subject to Owner's rights to withhold and deduct as provided in this Contract. ARTICLE II: CHANGES AND DELAYS 2.1 Changes Owner has the right, by written order executed by Owner, to make changes in the Contract, the Work, the Work Site, and the Contract Time ("Change Order"). If any Change Order causes an increase or decrease in the amount of the Work, an equitable adjustment in the Contract Price or Contract Time may be made. All claims by Contractor for an equitable adjustment in either the Contract Price or the Contract Time must be made within two business days following receipt of such Change Order, and may, if not made prior to such time, be conclusively deemed to have been waived. No decrease in the amount of the Work caused by any Change Order will entitle Contractor to make any claim for damages, anticipated profits, or other compensation. 2.2 Delays A. Extensions for Unavoidable Delays. For any delay that may result from causes that could not be avoided or controlled by Contractor, Contractor must, upon timely written application, be entitled to issuance of a Change Order providing for an extension of the Contract Time for a period of time equal to the delay resulting from such unavoidable cause. No extension of the Contract Time will be allowed for any other delay in completion of the Work. B. No Compensation for Delays. No payment, compensation, damages, or adjustment of any kind, other than the extension of the Contract Time provided in Subsection 2.2A, above, may be made to, or claimed by, Contractor because of hindrances or delays from any cause in the commencement, prosecution, or completion of the Work, whether caused by Owner or any other party and whether avoidable or unavoidable. ARTICLE III: CONTRACTOR'S RESPONSIBILITY FOR DEFECTIVE WORK 3.1 Inspection; Testing; Correction of Defects A. Inspection. Until Final Payment, all parts of the Work are subject to inspection and testing by Owner or its designated representatives. Contractor must furnish, at its own -7- CONTRACT expense, all reasonable access, assistance, and facilities required by Owner for such inspection and testing. B. Re -Inspection. Re -inspection and re -testing of any Work may be ordered by Owner at any time, and, if so ordered, any covered or closed Work must be uncovered or opened by Contractor. If the Work is found to be in full compliance with this Contract, then Owner must pay the cost of uncovering, opening, re -inspecting, or re -testing, as the case may be. If such Work is not in full compliance with this Contract, then Contractor must pay such cost. C. Correction. Until Final Payment, Contractor must, promptly and without charge, repair, correct, or replace all or any part of the Work that is defective, damaged, flawed, or unsuitable or that in any way fails to conform strictly to the requirements of this Contract. 3.2 Warrantv of Work A. Scope of Warranty. Contractor warrants that the Work and all of its components will be free from defects and flaws in design, workmanship, and materials; must strictly conform to the requirements of this Contract; and will be fit, sufficient, and suitable for the purposes expressed in, or reasonably inferred from, this Contract. The warranty herein expressed is in addition to any other warranties expressed in this Contract, or expressed or implied by law, which are hereby reserved unto Owner. B. Repairs; Extension of Warranty. Contractor, promptly and without charge, must correct any failure to fulfill the above warranty that may be discovered or develop at any time within one year after Final Payment or such longer period as may be prescribed in Attachment B or Attachment D to this Contract or by law. The above warranty may be extended automatically to cover all repaired and replacement parts and labor provided or performed under such warranty and Contractor's obligation to correct Work may be extended for a period of one year from the date of such repair or replacement. The time period established in this Subsection 3.213 relates only to the specific obligation of Contractor to correct Work and may not be construed to establish a period of limitation with respect to other obligations that Contractor has under this Contract. C. Subcontractor and Supplier Warranties. Whenever Attachment B or Attachment D requires a subcontractor or supplier to provide a guaranty or warranty, Contractor is solely responsible for obtaining said guaranty or warranty in form satisfactory to Owner and assigning said warranty or guaranty to Owner. Acceptance of any assigned warranties or guaranties by Owner is a precondition to Final Payment and does not relieve Contractor of any of its guaranty or warranty obligations under this Contract. 3.3 Owner's Right to Correct If, within two business days after Owner gives Contractor notice of any defect, damage, flaw, unsuitability, nonconformity, or failure to meet warranty subject to correction M CONTRACT by Contractor pursuant to Section 3.1 or Section 3.2 of this Contract, Contractor neglects to make, or undertake with due diligence to make, the necessary corrections, then Owner is entitled to make, either with its own forces or with contract forces, the corrections and to recover from Contractor all resulting costs, expenses, losses, or damages, including attorneys' fees and administrative expenses. ARTICLE IV: FINANCIAL ASSURANCES 4.1 Bonds Contemporaneous with Contractor's execution of this Contract, Contractor must provide a Performance Bond and a Labor and Material Payment Bond, on forms provided by, or otherwise acceptable to, Owner, from a surety company licensed to do business in the State of Illinois with a general rating of A and a financial size category of Class X or better in Best's Insurance Guide, each in the penal sum of the Contract Price ("Bonds"). Contractor, at all times while providing, performing, or completing the Work, including, without limitation, at all times while correcting any failure to meet warranty pursuant to Section 3.2 of this Contract, must maintain and keep in force, at Contractor's expense, the Bonds required hereunder. 4.2 Insurance Contractor hereby agrees and will, at its expense, carry insurance pursuant to the terms, conditions, and coverages set forth in Attachment A. 4.3 Indemnification Contractor hereby agrees to and will indemnify, save harmless, and defend Owner and all of it elected officials, officers, employees, attorneys, agents, and representatives against any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses, including attorneys' fees and administrative expenses, that may arise, or be alleged to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the Work or any part thereof, whether or not due or claimed to be due in whole or in part to the active, passive, or concurrent negligence or fault of Contractor, except to the extent caused solely by the negligence of Owner. ARTICLE V: PAYMENT 5.1 Contract Price Owner must pay to Contractor, in accordance with and subject to the terms and conditions set forth in this Article V and Attachment A, and Contractor must accept in full satisfaction for providing, performing, and completing the Work, the amount or amounts set forth in Attachment A (the "Contract Price"), subject to any additions, deductions, or withholdings provided for in this Contract. 0 CONTRACT 5.2 . Taxes and Benefits Owner is exempt from and will not be responsible to pay, or reimburse Contractor for, any state or local sales, use, or excise taxes. The Contract Price includes all other applicable federal, state, and local taxes of every kind and nature applicable to the Work as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits. All claim or right to claim additional compensation by reason of the payment of any such tax, contribution, or premium is hereby waived and released by Contractor. 5.3 Progress Payments A. Payment in Installments. Contract price will not be paid in monthly installments for this project. Full and complete payment shall be made pursuant to section 5A.C. of this agreement and only after the Village receives a Final Payment Request. B. Pay Requests. The Village of Oak Brook authorizes the payment of invoices on the second and fourth Tuesday of the month. For consideration on one of these dates, payment request must be received no later than fourteen (14) days prior to the second or fourth Tuesday of the month. C. Work Entire. This Contract and the Work are entire and the Work as a whole is of the essence of this Contract. Notwithstanding any other provision of this Contract, each and every part of this Contract and of the Work are interdependent and common to one another and to Owner's obligation to pay all or any part of the Contract Price or any other consideration for the Work. Any and all Progress Payments made pursuant to this Article are provided merely for the convenience of Contractor and for no other purpose. 5.4 Final Acceptance and Final Payment A. Notice of Completion. When the Work has been completed and is ready in all respects for acceptance by Owner, Contractor must notify Owner and request a final inspection ("Notice of Completion"). Contractor's Notice of Completion must be given sufficiently in advance of the Completion Date to allow for scheduling of the final inspection and for completion or correction before the Completion Date of any items identified by such inspection as being defective, damaged, flawed, unsuitable, nonconforming, incomplete, or otherwise not in full compliance with, or as required by or pursuant to, this Contract ("Punch List Work"). B. Punch List and Final Acceptance. The Work may be finally accepted when, and only when, the whole and all parts thereof have been completed to the satisfaction of Owner in full compliance with, and as required by or pursuant to, this Contract. Upon receipt of Contractor's Notice of Completion, Owner must make a review of the Work and notify Contractor in writing of all Punch List Work, if any, to be completed or corrected. Following Contractor's completion or correction of all Punch List Work, Owner must make another review of the Work and prepare and deliver to Contractor either a written notice of additional -10- CONTRACT Punch List Work to be completed or corrected or a written notice of final acceptance of the Work ("Final Acceptance"). C. Final Payment. As soon as practicable after Final Acceptance, Contractor must submit to Owner a properly completed final Pay Request in the form provided by Owner ("Final Pay Request'). Owner must pay to Contractor the balance of the Contract Price, after deducting therefrom all charges against Contractor as provided for in this Contract ("Final Payment"). Final Payment must be made not later than 60 days after Owner approves the Final Pay Request. The acceptance by Contractor of Final Payment will operate as a full and complete release of Owner of and from any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses of, by, or to Contractor for anything done, furnished for, arising out of, relating to, or in connection with the Work or for or on account of any act or neglect of Owner arising out of, relating to, or in connection with the Work. 5.5 Liens A. Title. Nothing in this Contract may be construed as vesting in Contractor any right of property in any equipment, materials, supplies, and other items provided under this Contract after they have been installed in, incorporated into, attached to, or affixed to, the Work or the Work Site. All such equipment, materials, supplies, and other items will, upon being so installed, incorporated, attached or affixed, become the property of Owner, but such title will not release Contractor from its duty to insure and protect the Work in accordance with the requirements of this Contract. B. Waivers of Lien. Contractor must, from time to time at Owner's request and in any event prior to Final Payment, furnish to Owner such receipts, releases, affidavits, certificates, and other evidence as may be necessary to establish, to the reasonable satisfaction of Owner, that no lien against the Work or the public funds held by Owner exists in favor of any person whatsoever for or by reason of any equipment, material, supplies, or other item furnished, labor performed, or other thing done in connection with the Work or this Contract ("Lien") and that no right to file any Lien exists in favor of any person whatsoever. C. Removal of Liens. If at any time any notice of any Lien is filed, then Contractor must, promptly and without charge, discharge, remove, or otherwise dispose of such Lien. Until such discharge, removal, or disposition, Owner will have the right to retain from any money payable hereunder an amount that Owner, in its sole judgment, deems necessary to satisfy such Lien and to pay the costs and expenses, including attorneys' fees and administrative expenses, of any actions brought in connection therewith or by reason thereof. D. Protection of Owner Only. This Section does not operate to relieve Contractor's surety or sureties from any of their obligations under the Bonds, nor may it be deemed to vest any right, interest, or entitlement in any subcontractor or supplier. Owner's retention of funds pursuant to this Section is deemed solely for the protection of its own interests pending removal of such Liens by Contractor, and Owner will have no obligation to apply such funds to such removal but may, nevertheless, do so where Owner's interests would thereby be served. -11- CONTRACT 5.6 Deductions A. Owner's Right to Withhold. Notwithstanding any other provision of this Contract and without prejudice to any of Owner's other rights or remedies, Owner will have the right at any time or times, whether before or after approval of any Pay Request, to deduct and withhold from any Progress or Final Payment that may be or become due under this Contract such amount as may reasonably appear necessary to compensate Owner for any actual or prospective loss due to: (1) Work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete; (2) damage for which Contractor is liable under this Contract; (3) state or local sales, use, or excise taxes from which Owner is exempt; (4) Liens or claims of Lien regardless of merit; (5) claims of subcontractors, suppliers, or other persons regardless of merit; (6) delay in the progress or completion of the Work; (7) inability of Contractor to complete the Work; (8) failure of Contractor to properly complete or document any Pay Request; (9) any other failure of Contractor to perform any of its obligations under this Contract; or (10) the cost to Owner, including attorneys' fees and administrative costs, of correcting any of the aforesaid matters or exercising any one or more of Owner's remedies set forth in Section 6.3 of this Contract. B. Use of Withheld Funds. Owner is entitled to retain any and all amounts withheld pursuant to Subsection 5.6A above until Contractor has either performed the obligations in question or furnished security for such performance satisfactory to Owner. Owner is entitled to apply any money withheld or any other money due Contractor under this Contract to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, attorneys' fees and administrative expenses incurred, suffered, or sustained by Owner and chargeable to Contractor under this Contract. ARTICLE VI: DISPUTES AND REMEDIES 6.1 Dispute Resolution Procedure A. Notice of Disputes and Objections. If Contractor disputes or objects to any requirement, direction, instruction, interpretation, determination, or decision of Owner, Contractor may notify Owner in writing of its dispute or objection and of the amount of any equitable adjustment to the Contract Price or Contract Time to which Contractor claims it will be entitled as a result thereof; provided, however, that Contractor must, nevertheless, proceed without delay to perform the Work as required, directed, instructed, interpreted, determined, or decided by Owner, without regard to such dispute or objection. Unless Contractor so notifies Owner within two business days after receipt of such requirement, direction, instruction, interpretation, determination, or decision, Contractor is conclusively deemed to have waived all such disputes or objections and all claims based thereon. B. Negotiation of Disputes and Objections. To avoid and settle without litigation any such dispute or objection, Owner and Contractor agree to engage in good faith negotiations. Within three business days after Owner's receipt of Contractor's written notice of dispute or objection, a conference between Owner and Contractor will be held to resolve -12- CONTRACT the dispute. Within three business days after the end of the conference, Owner must render its final decision, in writing, to Contractor. If Contractor objects to the final decision of Owner, then it must, within three business days, give Owner notice thereof and, in such notice, must state its final demand for settlement of the dispute. Unless Contractor so notifies Owner, Contractor will be conclusively deemed (1) to have agreed to and accepted Owner's final decision and (2) to have waived all claims based on such final decision. 6.2 Contractor's Remedies If Owner fails or refuses to satisfy a final demand made by Contractor pursuant to Section 6.1 of this Contract, or to otherwise resolve the dispute which is the subject of such demand to the satisfaction of Contractor, within 10 days after receipt of such demand, then Contractor will be entitled to pursue such remedies, not inconsistent with the provisions of this Contract, as it may have in law or equity. 6.3 Owner's Remedies If it should appear at any time prior to Final Payment that Contractor has failed or refused to prosecute, or has delayed in the prosecution of, the Work with diligence at a rate that assures completion of the Work in full compliance with the requirements of this Contract on or before the Completion Date, or has attempted to assign this Contract or Contractor's rights under this Contract, either in whole or in part, or has falsely made any representation or warranty in this Contract, or has otherwise failed, refused, or delayed to perform or satisfy any other requirement of this Contract or has failed to pay its debts as they come due ("Event of Default"), and has failed to cure any such Event of Default within five business days after Contractor's receipt of written notice of such Event of Default, then Owner will have the right, at its election and without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: 1. Owner may require Contractor, within such reasonable time as may be fixed by Owner, to complete or correct all or any part of the Work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete; to remove from the Work Site any such Work; to accelerate all or any part of the Work; and to take any or all other action necessary to bring Contractor and the Work into strict compliance with this Contract. 2. Owner may perform or have performed all Work necessary for the accomplishment of the results stated in Paragraph 1 above and withhold or recover from Contractor all the cost and expense, including attorneys' fees and administrative costs, incurred by Owner in connection therewith. 3. Owner may accept the defective, damaged, flawed, unsuitable, nonconforming, incomplete, or dilatory Work or part thereof and make an equitable reduction in the Contract Price. 13- CONTRACT 4. Owner may terminate this Contract without liability for further payment of amounts due or to become due under this Contract. 5. Owner may, without terminating this Contract, terminate Contractor's rights under this Contract and, for the purpose of completing or correcting the Work, evict Contractor and take possession of all equipment, materials, supplies, tools, appliances, plans, specifications, schedules, manuals, drawings, and other papers relating to the Work, whether at the Work Site or elsewhere, and either complete or correct the Work with its own forces or contracted forces, all at Contractor's expense. 6. Upon any termination of this Contract or of Contractor's rights under this Contract, and at Owner's option exercised in writing, any or all subcontracts and supplier contracts of Contractor will be deemed to be assigned to Owner without any farther action being required, but Owner may not thereby assume any obligation for payments due under such subcontracts and supplier contracts for any Work provided or performed prior to such assignment. 7. Owner may withhold from any Progress Payment or Final Payment, whether or not previously approved, or may recover from Contractor, any and all costs, including attorneys' fees and administrative expenses, incurred by Owner as the result of any Event of Default or as a result of actions taken by Owner in response to any Event of Default. S. Owner may recover any damages suffered by Owner. 6.4 Owner's Additional Remedy for Delay If the Work is not completed by Contractor, in full compliance with, and as required by or pursuant to, this Contract, within the Contract Time as such time may be extended by Change Order, then Owner may invoke its remedies under Section 6.3 of this Contract or may, in the exercise of its sole and absolute discretion, permit Contractor to complete the Work but charge to Contractor, and deduct from any Progress or Final Payments, whether or not previously approved, administrative expenses and costs for each day completion of the Work is delayed beyond the Completion Date, computed on the basis of the "Per Diem Administrative Charge" set forth in Attachment A, as well as any additional damages caused by such delay. 6.5 Terminations and Suspensions Deemed for Convenience Any termination or suspension of Contractor's rights under this Contract for an alleged default that is ultimately held unjustified will automatically be deemed to be a termination or suspension for the convenience of Owner under Section 1.15 of this Contract. 14- CONTRACT ARTICLE VII: LEGAL RELATIONSHIPS AND REQUIREMENTS 7.1 Binding Effect This Contract is binding on Owner and Contractor and on their respective heirs, executors, administrators, personal representatives, and permitted successors and assigns. Every reference in this Contract to a party is deemed to be a reference to the authorized officers, employees, agents, and representatives of such party. 7.2 Relationship of the Parties Contractor will act as an independent contractor in providing and performing the Work. Nothing in, nor done pursuant to, this Contract may be construed (1) to create the relationship of principal and agent, partners, or joint venturers between Owner and Contractor or (2) except as provided in Paragraph 6.3(6) above, to create any relationship between Owner and any subcontractor or supplier of Contractor. 7.3 No Collusion/Prohibited Interests Contractor hereby represents that the only persons, firms, or corporations interested in this Contract as principals are those disclosed to Owner prior to the execution of this Contract, and that this Contract is made without collusion with any other person, firm, or corporation. If at any time it is found that Contractor has, in procuring this Contract, colluded with any other person, firm, or corporation, then Contractor will be liable to Owner for all loss or damage that Owner may suffer thereby, and this Contract will, at Owner's option, be null and void. Contractor hereby represents and warrants that neither Contractor nor any person affiliated with Contractor or that has an economic interest in Contractor or that has or will have an interest in the Work or will participate, in any manner whatsoever, in the Work is acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by the United States Treasury Department as a Specially Designated National and Blocked Person, or for or on behalf of any person, group, entity or nation designated in Presidential Executive Order 13224 as a person who commits, threatens to commit, or supports terrorism, and neither Contractor nor any person affiliated with Contractor or that has an economic interest in Contractor or that has or will have an interest in the Work or will participate, in any manner whatsoever, in the Work is, directly or indirectly, engaged in, or facilitating, the Work on behalf of any such person, group, entity or nation. 7.4 Assignment Contractor may not (1) assign this Contract in whole or in part, (2) assign any of Contractor's rights or obligations under this Contract, or (3) assign any payment due or to become due under this Contract without the prior express written approval of Owner, which approval may be withheld in the sole and unfettered discretion of Owner; provided, however, 15- CONTRACT that Owner's prior written approval will not be required for assignments of accounts, as defined in the Illinois Commercial Code, if to do so would violate Section 9-318 of the Illinois Commercial Code, 810 ILCS 5/9-318. Owner may assign this Contract, in whole or in part, or any or all of its rights or obligations under this Contract, without the consent of Contractor. 7.5 Confidential Information All information supplied by Owner to Contractor for or in connection with this Contract or the Work must be held confidential by Contractor and may not, without the prior express written consent of Owner, be used for any purpose other than performance of the Work. 7.6 No Waiver No examination, inspection, investigation, test, measurement, review, determination, decision, certificate, or approval by Owner, nor any order by Owner for the payment of money, nor any payment for, or use, occupancy, possession, or acceptance of, the whole or any part of the Work by Owner, nor any extension of time granted by Owner, nor any delay by Owner in exercising any right under this Contract, nor any other act or omission of Owner may constitute or be deemed to be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming or incomplete Work, equipment, materials, or supplies, nor operate to waive or otherwise diminish the effect of any warranty or representation made by Contractor; or of any requirement or provision of this Contract; or of any remedy, power, or right of Owner. 7.7 No Third Party Beneficiaries No claim as a third party beneficiary under this Contract by any person, firm, or corporation other than Contractor may be made or be valid against Owner. 7.8 Notices All notices required or permitted to be given under this Contract must be in writing and are deemed received by the addressee thereof when delivered in person on a business day at the address set forth below or on the third business day after being deposited in any main or branch United States post office, for delivery at the address set forth below by properly addressed, postage prepaid, certified or registered mail, return receipt requested. Notices and communications to Owner must be addressed to, and delivered at, the following address: with a copy to: Village of Oak Brook Holland & Knight LLP 1200 Oak Brook Road 131 South Dearborn Street, 30th Floor Oak Brook, Illinois 60523 Chicago, Illinois 60603 Attention: Michael Hullihan, Attention: Peter Friedman, Attorney -16- CONTRACT Engineering & Public Works Director Notices and communications to Contractor must be addressed to, and delivered at, the following address: with a copy to: Crowne Industries Ltd 2511 West Schaumburg Road, #358 Schaumburg, Illinois 60194 Attn: Robert Sumoski, President The foregoing may not be deemed to preclude the use of other non -oral means of notification or to invalidate any notice properly given by any such other non -oral means. By notice complying with the requirements of this Section, Owner and Contractor each have the right to change the address or addressee or both for all future notices to it, but no notice of a change of address is effective until actually received. 7.9 Governing Laws This Contract and the rights of Owner and Contractor under this Contract will be interpreted according to the internal laws, but not the conflict of laws rules, of the State of Illinois; venue for any action related to this Contract will be in the Circuit Court of DuPage County, Illinois. 7.10 Chanties in Laws Unless otherwise explicitly provided in this Contract, any reference to laws includes such laws as they may be amended or modified from time to time. 7.11 Compliance with Laws A. Compliance Required. Contractor must give all notices, pay all fees, and take all other action that may be necessary to ensure that the Work is provided, performed, and completed in accordance with all required governmental permits, licenses or other approvals and authorizations that may be required in connection with providing, performing, and completing the Work, and with all applicable statutes, ordinances, rules, and regulations, including without limitation the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et seq. (see Subsection C of this Section) (a copy of Owner's ordinance ascertaining the prevailing rate of wages, in effect as of the date of this Contract, has been attached as an Appendix to this Contract; if the Illinois Department of Labor revises the prevailing rate of hourly wages to be paid, the revised rate applies to this Contract); any other applicable prevailing wage laws; the Fair Labor Standards Act; any statutes regarding qualification to do business; any statutes requiring preference to laborers of specified classes; the Illinois Steel Products Procurement Act, 30 ILCS 565/1 et sem.; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification, including, without limitation, the Americans with Disabilities Act of 1990, 42 -17- CONTRACT U.S.C. §§ 12101 et sec., the Illinois Human Rights Act, 775 ILCS 5/1-101 et sM., and the Public Works Discrimination Act, 775 ILCS 10/0.01 et sec .; and any statutes regarding safety or the performance of the Work, including the Illinois Underground Utility Facilities Damage Prevention Act, 220 ILCS 50/1 et sec., and the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651 et se . B. Liability for Fines, Penalties. Contractor is solely liable for any fines or civil penalties that are imposed by any governmental or quasi -governmental agency or body that may arise, or be alleged to have arisen, out of or in connection with Contractor's, or its subcontractors' or suppliers', performance of, or failure to perform, the Work or any part thereof. C. Prevailing Wage Act. Contractor and each subcontractor, in order to comply with the Prevailing Wage Act, 820 ILCS 130/0.01 et seq. (the "Act'), must submit to the Village certified payroll on a monthly basis, in accordance with Section 5 of the Act. The certified payroll must consist of a complete copy of those records required to be made and kept by the Act. The certified payroll must be accompanied by a statement signed by the contractor or subcontractor that certifies that (1) such records are true and accurate, (2) the hourly rate paid is not less than the general prevailing rate of hourly wages required by the Act, and (3) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. Contractor may rely on the certification of a subcontractor, provided that Contractor does not knowingly rely on a subcontractor's false certification. On two business days' notice, Contractor and each subcontractor must make available for inspection the records required to be made and kept by the Act (i) to the Village and its officers and agents and to the Director of the Illinois Department of Labor and his or her deputies and agents and (ii) at all reasonable hours at a location within the State. D. Required Provisions Deemed Inserted. Every provision of law required by law to be inserted into this Contract is deemed to be inserted herein. 7.12 Compliance with Patents A. Assumption of Costs, Royalties, and Fees. Contractor will pay or cause to be paid all costs, royalties, and fees arising from the use on, or the incorporation into, the Work, of patented equipment, materials, supplies, tools, appliances, devices, processes, or inventions. B. Effect of Contractor Being Enjoined. Should Contractor be enjoined from furnishing or using any equipment, materials, supplies, tools, appliances, devices, processes, or inventions supplied or required to be supplied or used under this Contract, Contractor must promptly offer substitute equipment, materials, supplies, tools, appliances, devices, processes, or inventions in lieu thereof, of equal efficiency, quality, suitability, and market value, for review by Owner. If Owner should disapprove the offered substitutes and should elect, in lieu of a substitution, to have supplied, and to retain and use, any such equipment, materials, supplies, tools, appliances, devices, processes, or inventions as may by this Contract be required to be supplied, Contractor must pay such royalties and secure such valid licenses as -Is- CONTRACT may be requisite and necessary for Owner to use such equipment, materials, supplies, tools, appliances, devices, processes, or inventions without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should Contractor neglect or refuse to make any approved substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then Owner will have the right to make such substitution, or Owner may pay such royalties and secure such licenses and charge the cost thereof against any money due Contractor from Owner or recover the amount thereof from Contractor and its surety or sureties notwithstanding that Final Payment may have been made. 7.13 Time The Contract Time is of the essence of this Contract. Except where otherwise stated, references in this Contract to days is construed to refer to calendar days. 7.14 Severability The provisions of this Contract will be interpreted when possible to sustain their legality and enforceability as a whole. In the event any provision of this Contract is held invalid, illegal, or unenforceable by a court of competent jurisdiction, in whole or in part, neither the validity of the remaining part of such provision, nor the validity of any other provisions of this Contract will be in any way affected thereby. 7.15 Entire Agreement This Contract sets forth the entire agreement of Owner and Contractor with respect to the accomplishment of the Work and the payment of the Contract Price therefore, and there are no other understandings or agreements, oral or written, between Owner and Contractor with respect to the Work and the compensation therefore. 7.16 Amendments No modification, addition, deletion, revision, alteration or other change to this Contract is effective unless and until such change is reduced to writing and executed and delivered by Owner and Contractor. IN WITNESS WHEREOF, Owner and Contractor have caused this Contract to be executed by their properly authorized representatives in two original counterparts as of the Effective Date. 19- Villag By: Name: Title: Attest: By: Name: Title: [name of contra � =�,cs+rZes, LA -4, By: Name: 2-e ,v �ww ost Title: P -res: Jew s Attest. By: Name, Title: -20- CONTRACT STATE OF. IS „ COUNTY OF ook ) CONTRACTOR'S CERTIFICATION Robert Sumoski [contractor's executing o�ceil, being first duly sworn on oath, deposes and states that all statements berei4kaade are made dn--bi alf of Contractor, that this deponent is authorized to make them, and that the statements contained herein are true and correct. Contractor deposes, states, and certifies that Contractor is not barred from contracting with a unit of state or local government as a result of (i) a violation of either Section 33E-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq.; or (ii) a violation of the USA Patriot Act of 2001, 107 Public Law 56 (October 26, 2001) (the "Patriot Act") or other sta orders, rules, and regulations of the United States government and its various executivW-tirients, agencies and offices related to the subject matter of the Patriot Act, including, but not limited to, Executive Order 13224 effective September 24, 2001. , A T. March 5 1)()15 Title: Attest: By: Name: Title: President Subscribed and Sworn to before me on March 5 20 15 ATTACHMENT A VILLAGE OF OAK BROOK CONTRACT FOR RESERVOIR A FUEL TANK REPLACEMENT ATTACHMENT A SUPPLEMENTAL SCHEDULE OF CONTRACT TERMS 1. Proieet: Reservoir A Fuel Tank Replacement 2. Work Site: 1915 York Road Oak Brook, Illinois 60523 3. Permits Licenses, Approvals, and Authorizations: Contractor must obtain all required governmental permits, licenses, approvals, and authorizations., except: ❑ N/A 4. Commencement Date: 15 days after execution of the Contract by Owner. 5. Completion Date: 120 days after the Commencement Date plus extensions, if any, authorized by a Change Order issued pursuant to Subsection 2.2A of the Contract -1- ATTACHMENT A 6. Insurance Coverage: 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 that the Village will not approve and execute the contract 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 of Chapter 8 of the Code of Ordinances of the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work under the contract or permit, either by the contractor, permittee, or their agents, representatives, employees or subcontractors. A contractor or permittee shall maintain insurance with limits no less than: A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, provided that when the estimated cost of the work in question does not exceed $25,000, the required limit shall be $1,000,000; B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and property damage; C. Worker's Compensation and Employer's Liability - Worker's Compensation limits as required by the Labor Code of the State of Illinois and Employer's Liability limits of $1,000,000 per accident. Any deductibles or self-insured retention must be declared to and approved by 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 - (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 -2- 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 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 any time. Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. -3- ATTACHMENT A 7. Contract Price: SCHEDULE OF PRICES A. LUMP SUM CONTRACT For providing, performing, and completing all Work, the total Contract Price of (write in numbers only): $ 54,200.00 In words: Fifty-four thousand two hundred 1. Additional cost for the complete removal and replacement of the existing fuel tank deadman: $1,400.00 In Words: One thousand four hundred 2. Additional cost for the complete removal, disposal, and replacement of contaminated soil encountered during excavation per cubic yard as directed by Owner: $ 85.00 per cubic yard In Words: Eighty five dollars 3. Additional cost for complete removal and proper disposal of excess ground water from the excavation as directed by Owner: $ .75 per gallon removed In Words: Seventy five cents 8. Per Diem Administrative Charse: $ N/A 9. [Deleted] 6! r����� r�►r� -5- ATTACHMENT B VILLAGE OF OAK BROOK CONTRACT FOR THE RESERVOIR A FUEL TANK REPLACEMENT ATTACHMENT B SPECIFICATIONS PART1-GENERAL 1.1 SUMMARY OF THE WORK 1.1.1 CONTRACT DOCUMENTS AND RELATED REQUIREMENTS Drawings, general provisions of the contract, including general conditions and other specifications, shall apply to the work of this section. The contract documents show the work to be done under the contract and related requirements and conditions impacting the project. Related requirements and conditions include applicable codes and regulations, notices and permits, existing site conditions and restrictions on use of the site, requirements for partial owner occupancy during the work, coordination with other work and the phasing of the work. In the event the Contractor discovers a conflict in the contract documents and/or requirements or codes, the conflict must be brought to the immediate attention of the Owner for resolution. Whenever there is a conflict or overlap in the requirements, the most stringent shall apply. 1.1.2 EXTENT OF WORK A. In general the work shall include the removal and replacement of the existing fuel tank located at the Village's Reservoir A. 1.1.3 RELATED WORK A. Earthwork B. Concrete Work C. Landscaping D. Electrical 1.1.4 TASKS The work tasks are summarized briefly as follows: A. Remove the fuel from the existing tank and relocate it to another fuel tank as directed by the Village's Public Works Director. B. Provide and later remove a 55 gallon drum at the generator day tank which will temporarily add to the fuel capacity of the day tank during construction. C. Provide a permit from the OSFM for the existing tank removal and installation of the new tank. The Contractor shall include the fee for the permit in the bid. D. Remove, clean and properly dispose of the existing 550 gallon fiberglass tank. 50 ATTACHMENT B E. Expose the existing deadman for inspection by the Village's Director of Public Works who will determine if the existing deadman is structurally satisfactory for the new tank loading. If a new deadman is required, it shall be furnished and installed by the contractor at the Alternate Price for this work listed on the bid form. F. Furnish and install a new 600 gallon capacity double wall fiberglass tank complete with spill containment and fiberglass water tight tank top piping sump. Connection to the existing supply and return, piping tank gauge, and alarm system shall be included. G. Remove and replace the existing concrete slab located above the fuel storage tank. H. Regrade and seed the disturbed landscaped areas of the site. 1.1.5 CONTRACTOR USE OF PREMISES A. The Contractor and Contractor's personnel shall cooperate fully with the Owner's representative/consultant to facilitate efficient use of buildings and areas within building. The Contractor shall perform the work in accordance with the Owner's specifications, drawings, phasing plan and in compliance with any/all applicable Federal, State and Local regulations and requirements. B. The Contractor shall use the existing facilities in the building strictly within the limits indicated in contract documents. 1.2 APPLICABLE CODES AND REGULATIONS 1.2.1 GENERAL APPLICABILITY OF CODES, REGULATIONS, AND STANDARDS A. All work under this contract shall be done in strict accordance with all applicable Federal, State, and local regulations. All applicable codes, regulations and standards are adopted into this specification and will have the same force and effect as this specification. B. The most recent edition of any relevant regulation, standard, document or code shall be in effect. Where conflict among the requirements or with these specifications exists, the most stringent requirement(s) shall be utilized. 1.2.2 PERMITS/LICENSES A. The contractor shall apply for and have all required permits and licenses to perform the work as required by Federal, State, and Local regulations. This shall include obtaining the proper permit from the State Fire Marshall. The cost for any permit shall be included with the Contractor's bid. Any soil sampling needed to obtain the permits shall be performed by the Contractor and the cost shall be included with the Contractor's bid. 1.2.3 POSTING AND FILING OF REGULATIONS A. Maintain two (2) copies of applicable federal, state, and local regulations. Post one copy of each at the regulated area where workers will have daily access to the regulations and keep another copy in the Contractor's office. ATTACHMENT B 1.3 OWNER'S RESPONSIBILITIES Prior to commencement of work: A. Notify occupants adjacent to the work areas of the project dates and requirements for relocation, if needed. Arrangements must be made prior to starting work for relocation of equipment. 1.4 PRE -CONSTRUCTION MEETING Prior to commencing the work, the Contractor shall meet with the Owner's representative to present and review, as appropriate, the project schedule, safety requirements submittals and access to the work area. PART 2 - PRODUCTS, MATERIALS AND EQUIPMENT 2.1 MATERIALS AND EQUIPMENT 2.1.1 GENERAL REQUIREMENTS Prior to the start of work, the contractor shall provide and maintain a sufficient quantity of materials and equipment to assure continuous and efficient work throughout the duration of the project. Work shall not start unless the following items have been delivered to the site and verification has been submitted to the Owner's representative. A. All materials shall be delivered in their original package, container or bundle bearing the name of the manufacturer and the brand name (where applicable). B. Store all materials subject to damage off the ground, away from wet or damp surfaces and under cover sufficient enough to prevent damage or contamination. Flammable and combustible materials cannot be stored inside buildings. C. The Contractor shall not block or hinder use of buildings by staff, and visitors to the Owner's building by placing materials/equipment in any unauthorized location. D. The Owner's representative shall inspect for damaged, deteriorating or previously used materials. Such materials shall not be used and shall be removed from the worksite and disposed of properly. E. Adequate and appropriate PPE for the project and number of personnel/shifts shall be provided. All personal protective equipment issued must be based on a written hazard assessment in accordance with OHSA requirements. 2.2 SUBMITTALS 2.2.1 PRE -CONSTRUCTION MEETING SUBMITTALS Submit to the Owner a minimum of 14 days prior to the pre -start meeting the following for review and approval. Meeting this requirement is a prerequisite for the pre -construction meeting for this project: A. Submit a detailed work schedule for the entire project reflecting contract documents and the phasing/schedule requirements from the CPM chart. B. Submit a staff organization chart showing all personnel who will be working on the project and their capacity/function. ATTACHMENT B 2.3. FUEL TANK The new underground fuel tank shall be a double wall fiberglass reinforced plastic (FRP) 600 gallon capacity for motor fuels as manufactured XERXES or equal. The fuel tank shall include the following features: 1. The primary and secondary walls shall be manufactured using 100% premium resin and glass fiber. 2. The tank shall be provided with at least 2 anchor straps with galvanized turnbuckles. 3. Concrete anchoring system to connect to the anchor straps. 4. Five gallon spill containment for the fill connection. 5. 36 -inch diameter sump. 2.4 BACKFILL All tank backfill shall be pea gravel in accordance with IDOT standard specifications. The Contractor shall reuse the existing tank backfill if possible. Any excavated fill that cannot be reused shall be tested by the Contractor and removed from the construction site to an appropriate disposal site. PART 3 - EXECUTION 3.1 FUEL TANK 3.1.1 REMOVAL OF EXISTING TANK Prior to the removal of the existing fuel tank, any remaining fuel stored within the tank shall be removed by the Contractor and relocated to another existing Village fuel storage tank and pumped into that tank as directed by the Public Works Director. The Contractor shall remove, clean and provide proper disposal of the existing fuel tank. The existing concrete pad, sump and spill containment shall be removed and disposed of properly. Any soil found to be contaminated during the tank removal shall be removed and disposed of at a proper disposal location at the unit price per cubic yard shown on the Bid Form. The removal of the contaminated soil shall be at the direction of the Village's Public Works Director. The fuel supply and return piping shall be disconnected at the existing tank. 3.1.2 ADDITIONAL DAY TANK CAPACITY Prior to the removal of the fuel from the existing 550 gallon tank, a 55 gallon drum shall be furnished and installed at the generator day tank within the building to provide additional day tank fuel capacity. All piping, valves and connections shall be furnished and 'installed between the existing day tank and the 55 gallon drum. After installation ATTACHMENT B the drum shall be filled with fuel. Upon completion of the installation of the new 600 gallon fuel tank, the 55 gallon drum shall be emptied of fuel and removed. 3.1.3 - NEW FUEL TANK The Contractor shall provide and install the new fuel tank at the same location as the existing tank. All necessary piping and electrical connections shall be performed by the Contractor for proper installation and operation of the new fuel tank. Prior to the installation of the new tank, the existing deadman shall be exposed for inspection. The inspection shall be performed by the Village's Director of Public Works to determine if the existing deadman has the structural capacity for the anchoring the new tank. If it is determined that the deadman must be replaced, the Contractor shall remove and properly dispose of the existing deadman then furnish and install a new deadman sufficient to anchor the new tank. The cost of the replacement deadmen shall be at the Alternate Price shown on the bid form. 3.2.3 TESTING The Contractor shall test the completed tank system in accordance with Federal and State standards. 3.3 SITE RESTORATION After the tank and concrete work is complete, the disturbed area shall receive a 4 -inch layer of top soil to meet the final grade elevations of the new concrete slab and the existing undisturbed soil. The site shall be seeded with the Class 1 B Low Maintenance Lawn Mixture as specified in section 250.07 of the IDOT Specifications. 3.4 WORK HOURS All work shall be done during administrative hours (7:00 AM to 3:00 PM) Monday - Friday excluding Federal Holidays. Any change in the work schedule must be approved by the Owner. 3.5 WARRANTY All material and workmanship shall be warranted against defects in material and labor for 1 year after acceptance of the project by the Owner. ATTACHMENT B 11300 TANK CONCRETE 1.0 FUEL TANK CONCRETE 1.1 REMOVAL OF EXISTING CONCRETE AND BASE STONE The Contractor shall remove and provide proper disposal of the existing reinforced concrete slab. The existing manholes and sumps shall be removed and provided with proper disposal. All existing piping, electrical sensors and wiring shall be located and protected. All base material removed from the excavation shall be provided with proper disposal. 1.2 NEW REINFORCED CONCRETE A. All work shall be in accordance with the latest edition of the MOT Standard for Road and Bridge Construction. B. All new base material shall be pea gravel and compacted in a minimum of 12 inch lifts. C. Reinforcing shall be 6 X6 — W2 X W2 welded wire reinforcing. D. Concrete shall be Class PV with a minimum 4.5 ksi compressive strength in 28 days. E. The new watertight manholes and sumps shall be installed in accordance with manufacturer's recommendations. F. Two coats of curing compound shall be applied to the finished concrete in accordance with Section 1022.01. 1.3 TESTING Two test cylinders shall be made to provide sample test results for 7 day and 28 day compressive strength. The Contractor shall obtain approval of the testing firm from the Owner prior to any sampling. The cost of the testing shall be included in the Contractors bid. ATTACHMENT B 16009 BASIC ELECTRICAL MATERIALS AND METHODS PART 1 - GENERAL 1.01 CODES AND STANDARDS A. All electrical work to be performed and all materials to be furnished shall be in accordance with the rules and regulations of the National Fire Protection Association, National Electric Code, the State and Local Codes, the Contract Specifications, and to the satisfaction of the Engineer. 1.02 CONNECTIONS AND IDENTIFICATION OF CIRCUITS A. Included in this Contract shall be all necessary approved terminal and terminating devices required for a complete and working installation, satisfactory to the Engineer. Where conductors are to be terminated in existing equipment, the Electrical Contractor shall obtain all required termination information and complete all terminations. All wires and cables shall be banded with an identifying number at each end termination and at each splice or pull point in junction boxes and pull boxes. The identifying number of each wire shall be determined at the point of circuit origination, and shall continue unchanged to the point of circuit termination. 1.03 MATERIALS A. No materials of any kind shall be used that have not been approved by the Underwriter's Laboratories, Inc., where UL provides such service, and each piece of equipment shall have marked thereon, where it can readily be observed, the name or trademark of the manufacturer. PART2-PRODUCTS 2.01 ALUMINUM RIGID CONDUIT A. Aluminum conduit shall be rigid, manufactured of 6063 alloy in temper designation T- 1. Fittings shall be of the same alloy. Conduit shall conform to Federal Specifications WW -C -0054 -DC and ANSI C-80.5. B. Conduit shall be lined with a silicone compound to reduce friction and drag. 2.02 OUTLET BOXES AND FITTINGS A. Outlet boxes and fittings shall be of proper dimensions for each application, complete with watertight gaskets and covers secured with stainless steel screws. B. Conduit fittings, such as elbows, tees, couplings, caps, bushings, nipples, and locknuts shall be threaded to provide a watertight connection. C. Joints in conduit and between conduit and fittings shall be watertight and ends shall be reamed to prevent damage to conductor insulation. D. A non -corrosive, conductive thread lubricant, such as "STL" thread lubricant as manufactured by Crouse -Hinds shall be thoroughly applied on all threaded joints. E. Cast metal outlet boxes shall be Crouse -Hinds Company, Square D Company, or equal, and shall be coated inside and outside with corrosion -resisting epoxy or equal finish. ATTACHMENT B F. All junction boxes, fittings or other terminals without tapped conduit entrances shall be provided with double nuts and standard bushings. G. In hazardous locations all outlet boxes and fittings shall be NEMA Type 7. Seal fittings shall be supplied in accordance with the NEC. 2.03 TERMINAL, JUNCTION AND PULL BOXES A. Terminal, junction, and pull boxes shall be installed as required. B. In general, boxes shall be made of the same material used in the conduit run. Boxes made of cast iron or cast aluminum shall be used, unless otherwise specified. Where the weight of cast boxes exceed 50 pounds, boxes may be made of 1/8 inch sheet aluminum or of (minimum) No. 12 gauge stainless steel, with sides flanged around the cover opening or with approved supporting frame for cover. Mounting lugs and threaded entry bosses shall be provided as required. Seams in sheet metal boxes shall be continuously welded and ground smooth. C. Pull and junction boxes shall have covers held in place by stainless steel screws. Terminal boxes shall have minimum 12 gauge steel panels for mounting terminal blocks. Hinged covers shall fit tightly against a gasket, secured by lug bolts and wing nuts. All boxes shall be provided with rabbeted gaskets or flange gaskets, securely held in place. D. Cast metal terminal, junction, and pull boxes shall be Crouse -Hinds Company, Square D Company, or equal, and coated inside and outside with corrosion -resisting epoxy or equal finish. E. In hazardous locations, all terminal junction boxes and pull boxes and fittings shall be NEMA Type 7. 2.04 FLEXIBLE CONDUIT A. Flexible conduit shall be liquidtight electrical conduit having a core of flexible, steel tubing covered with a liquidtight polyvinyl jacket. Tubing shall be fitted with grounding bushings and standard rigid conduit fittings for connection and attachment. Conduit shall be Electric -Flex Company, Type HTA, Anaconda, or equal. B. In hazardous locations flexible metallic conduits and fittings shall be NEMA Type 7. 2.05 GROUNDING A.. The hereinbefore described and specified electrical equipment and neutral of wiring system shall be permanently and securely grounded in accordance with the latest requirement of National Electrical Code. B. Insulated copper conductors for equipment grounding shall be routed with all power conductors and shall be sized in accordance with the National Electric Code Table 250-95. These conductors are required for all equipment connected under this Contract; including fixtures, receptacles, and electrical equipment furnished by others, even if not shown on the Contract Drawings. EVOYMyeUDO.r8:1 C. Test the ground resistance of the grounding system and provide copies of all grounding system tests for review by the Engineer and for inclusion in the Operation and Maintenance Manuals. 2.06 WIRES AND CABLE (600 VOLTS) A. A complete system of insulated copper conductors shall be installed in the conduit system, except where otherwise designated. Unless otherwise specified, conductors shall be Type XHHW 600V cross-linked polyethylene type insulation. All conductors shall conform to the requirements of the National Electric Code of IPCEA. B. Except where otherwise noted, all power conductors shall be single conductor #12 AWG minimum, and all control conductors shall be stranded single conductor #14 AWG minimum. Wire and cable shall be as manufactured by Okonite Company, Pirelli Cable Corp., or equal. C. Conductor Testing and Warranty 1. All conductors shall be tested for continuity, in addition, all power conductors shall be meggered to indicate compliance with the manufacturer's guaranteed values. A summary of test results shall be submitted for record purposes. 2. All conductors rated 600 V and below shall be furnished with a manufacturer's one year warranty which shall be submitted at the time of cable approval and commence on the date of testing. PART 3 - EXECUTION 3.01 INSTALLATION OF CONDUITS, FITTINGS, AND BOXES A. All conduit fitting and boxes such as elbows, tees, couplings, caps, bushings, nipples, junction boxes, and lock nuts shall be threaded to provide a watertight connection. No box shall be drilled and tapped for more conduits than actually enter it and all box covers shall be accessible after installation. B. All conduits shall be installed as required. The conduit system shall be installed complete with all accessories, fittings, and boxes, in an approved workmanlike manner to provide proper raceways for electrical conductors. C. All exposed conduits shall be run parallel to or at right angles to walls or beams, and plumb on the walls. D. As far as practicable, conduit shall be pitched slightly to drain to the outlet boxes, or otherwise installed to avoid trapping of condensate. Where necessary to secure drainage, a Crouse -Hinds Company Type ECD, Square D Company, or equal breather -drain fitting shall be installed in the boxes or trapped conduit at low points. Conduit shall not be run through columns or beams unless so specifically detailed on the Contract Drawings. E. Conduit system bends and offsets may be made in field using approved bending tools, but no deformed, split or crushed conduit will be permitted in the work. All bends in conduit over 1 inch in diameter shall be made with a pipe bending machine. No more than three quarter bends shall be made between any two pull boxes without permission of the Engineer. ATTACHMENT B F. Conduits shall be installed throughout structures in a completed system and must be so run that electrical conductors can be withdrawn and replaced at any time. G. Where existing conduits are to be reused, they shall be cleaned using approved methods removing all obstructions or imperfections liable to injure the new conductor insulation. H. Conduits to be built into structure shall be properly protected and suitably supported to prevent strains at joints or injury by building operations, and shall be thoroughly protected at all times from the entrance of water or other foreign matter by being well plugged when work is interrupted. If left dead ended, they shall be furnished with iron caps or pipe plugs. I. The interior of all conduits, conduit fittings, pull and junction boxes shall be carefully and thoroughly cleaned before and after erection. J. Special care shall be taken to prevent conduits from becoming choked with cement or other debris. K. No conduit smaller than 3/4 inch shall be used. 3.02 CONDUIT CONNECTIONS TO EQUIPMENT A. The conduit system shall terminate at the terminal box or at the conduit connection point of electric motor and devices. Terminations of conduits at such locations shall permit direct wire connections to the motor and devices. B. Conduit connections shall be made with rigid conduit if the equipment is fixed and not subject to adjustment, mechanical movement, or vibration. Rigid conduit connections shall have union fittings, to permit removal of equipment without cutting or breaking the conduit. C. Conduit connections shall be made with approved flexible metallic conduit if the equipment is subject to adjustment, mechanical movement, or vibration. Flexible conduit connections shall be watertight. 3.03 INSTALLATION OF CONDUCTORS A. All wires and cables pulled into conduits shall be carefully handled to avoid twists or kinks in the conductors, or damage to the sheaths and insulation. Wire and cable manufacturer's recommendations for allowable minimum bending.radius and maximum pulling tension shall not be exceeded. B. All trapped conduit lines shall be swabbed to remove any debris or accumulated moisture before cables or wires are pulled in. C. No splices will be permitted between terminals, except at approved junction or terminal box points, as required by code for pull lengths. Cable and wire runs shall be looped through pull boxes without cutting and splicing, where possible. D. The neutral (current carrying ground) conductors be colored WHITE and that earth grounding conductors be GREEN. The hot lines shall be black, blue or red depending on voltage system. ATTACHMENT B E. The color coding may be by the continuous external color of the insulation as applied at the factory during manufacture, or, by color coded sleeves at the discretion of the Engineer; but in no case will field applied colored tape be acceptable nor will colored sleeves be acceptable for grounding conductors or neutral conductors. 3.04 ACCEPTANCE TEST A. This test shall consist of a complete coordination and functional check under simulate operating conditions, followed by operational test under actual operating conditions. All tests that are a part of this acceptance test shall be conducted in the presence representative(s) of the Oak Brook Public Works Personnel. All costs of equipment, tools, instrument, labor, etc., to make these tests to the satisfaction of the Engineer, together with all necessary supervision by the Contractor and manufacturers' service engineers, shall be borne by the Contractor. B. Any defect in material, equipment, or workmanship furnished under this Contract, together with all inadequacies which may show up during the above tests, shall be promptly made good at the expense of the Contractor, and a new acceptance test shall be scheduled, subject to the same provisions as above described. END OF SECTION ATTACHMENT B 16010 BASIC ELECTRICAL REQUIREMENTS PART1-GENERAL 1.01 SUMMARY OF WORK A. As a minimum the Electrical work shall include but not be limited to the following: 1. Disconnect and remove the existing electrical conduit and wiring as required. 2. Perform acceptance test and furnish documentation as hereinafter specified. 1.02 SUBMITTALS A. Submit catalog cuts and shop drawings for the electrical materials and equipment. Shop drawings shall include: 1. Schematic Wiring Diagrams 2. Terminal Identification Diagrams 3. Point -to -Point Interconnection Diagrams 4. Description of Operation 5. Actual details of conduit installation B. Submit final As -Built Drawings and O&M Manuals. 1.03 FIELD ENGINEERING A. The Electrical Contractor shall determine the proper connection points for all power, control, and signal wiring, regardless of whether the connection points are in equipment furnished under this Contract, in equipment famished by others, or in existing equipment.. B. The Electrical Contractor shall perform all field surveys, wire tracing, and other work required to ascertain the proper connection points for all wiring. 1.04 INSUFFICIENT INSTRUCTION A. The Contractor shall furnish and install all materials and equipment which are obviously part of the complete electrical installation and without any additional charge to the Village of Oak Brook. B. If, in the opinion of the Contractor, any work shown on the Drawings or called for under these Specifications is insufficiently specified or specified in such a manner as to make it impossible for him to produce first-class work which will meet the approval of the Engineer, he shall refer same to the Engineer before proceeding with the work and, if he fails to refer such instances to the Engineer, no excuse for poor workmanship will be entertained. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION ATTACHMENT C VILLAGE OF OAK BROOK CONTRACT FOR THE RESERVOIR A FUEL TANK REPLACEMENT ATTACHMENT C LIST OF DRAWINGS [TO BE SUPPLIED BY OWNER] SHEET NOS. SHEET TITLES DATE LAST REVISED Reservoir A Fuel Tank Replacement 4/23/14 -1- ATTACHMENT D VILLAGE OF OAK BROOK CONTRACT FOR THE RESERVOIR A FUEL TANK REPLACEMENT ATTACHMENT D SPECIAL PROJECT REQUIREMENTS 1. Contractor shall have five (5) years of experience which is comparable in type and scope to this project. 2. Work hours are 7:00 a.m. to 4:30 p.m. Monday through Friday. Any deviation is subject to the approval of the Village representative. 3. The project will be done on consecutive work days until completed, delays only to inclement weather. 4. Contractor is required to obtain all necessary permits from the Village of Oak Brook, and schedule required inspections through Community Development. 5. The contractor shall supply to the Village, phone numbers where he/she can be reached after normal working hours. 6. The contractor must submit with the bid proposal five (5) references, names and phone numbers of similar projects completed within the last two (2) years. 7. The contractor must submit all manufacturers' literature on all materials that will be used on this project, including M.S.D.S. (Material Safety Data Sheets) prior to any work beginning. 8. A storage location for supplies, ladders and scaffolding shall be mutually agreed upon between the Village and the contractor before any material is stored on site. Deliver material with manufacturers labels intact and legible, store material on raised platforms and cover material with protective covering. 9. Before work is started, deliver to the job site sufficient material to complete the project. 10. If a dumpster is required, the location of the dumpster placement shall be mutually agreed upon between the Village and the contractor. 11. All ladders and scaffolding shall be maintained during the course of this project and shall be secured at the end of each workday. 12. Provide barricades to ensure that falling debris will not injure anyone, and to prevent public access to the work area at all times. Yellow "CAUTION" tape will be placed below -1- ATTACHMENT D the immediate work areas of laborers and scaffolds to warn the public of men working overhead. 13. At all times the work and storage areas manner, to prevent debris from blowing. the end of each work day. Sidewalks, broom swept to remove all debris. Daily be removed from the site. shall be kept in a clean, orderly, and a picked up Clean adjoining streets and immediate vicinity at windowsills, roofs and other work areas will be material and debris not placed into dumpster will 14. Upon completion of the project the work area shall be cleaned. All debris and remaining material and supplies shall be removed from the j obsite, including the dumpster within 72 hours of completion. 15. Upon completion the Contractor shall supply a one year warranty covering material and workmanship; contractor shall submit sample warranty with bid. APPENDIX 1 VILLAGE OF OAK BROOK CONTRACT FOR THE RESERVOIR A FUEL TANK REPLACEMENT APPENDIX 1 PREVAILING WAGE ORDINANCE ORDINANCE 2014-PW-WPA-EX2-S-1401 AN ORDINANCE ADOPTING THE PREVAILING WAGE STANDARDS FOR THE VILLAGE OF OAK BROOK, ILLINOIS WHEREAS, the State of Illinois has enacted the "Prevailing Wage Act," 820 ILCS 130/1 et seq. (the "Act"); and WHEREAS, the Act requires that the Village of Oak Brook investigate and ascertain the prevailing rate of wages as defined in the Act for laborers, mechanics and other workers in the locality of the Village employed in performing construction of public works for the Village. NOW, THEREFORE, be it ordained by the President and Board of Trustees of the Village of Oak Brook, Cook County and DuPage County, Illinois, as follows: SECTION 1: To the extent and as required by the Act, the general prevailing rates of wages in this locality for laborers, mechanics and other workers engaged in construction of public works coming under the jurisdiction of the Village and being performed in that part of the Village located within Cook County is hereby ascertained to be the same as the prevailing rates of wages for construction work in the Cook County area, as determined by the Department of Labor of the State of Illinois as of June of the current year (See Exhibit "A"). SECTION 2: To the extent and as required by the Act, the general prevailing rates of wages in this locality for laborers, mechanics and other workers engaged in construction of public works coming under the jurisdiction of the Village and being performed in that part of the Village located within DuPage County is hereby ascertained to be the same as the prevailing rates of wages for construction work in the DuPage County area, as determined by the Department of Labor of the State of Illinois as of June of the current year (See Exhibit "B"). APPENDIX 1 SECTION 3: As required by the Act, any and all revisions of the prevailing rates of wages by the Department of Labor of the State of Illinois shall supersede the Department's June construction undertaken by the Village. The definition of any terms appearing in the ordinance which area also used in the Act shall be the same as in the Act. SECTION 4: Nothing herein contained shall be construed to apply said general prevailing rates of wages as herein ascertained to any work or employment except public works construction undertaken by the Village to the extent required by the Act. SECTION 5: The Village Clerk shall publicly post this determination or any revisions of such prevailing rates of wages, and keep it available for inspection at the Village Hall by any interested party. A copy of the determination or of the currently revised determination of the prevailing rates of wages then in effect shall be attached to all contract specifications. SECTION 6: The Village Clerk shall mail a copy of this determination to any employer and to any association of employers and to any person or association of employees who have filed their names and addresses and have requested copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates. SECTION 7: The Village Clerk shall promptly file a certified copy of this ordinance with the Honorable Jesse White, Secretary of State of Illinois, Index Department, 111 East Monroe Street, Springfield, IL 62706 and with the Illinois Department of Labor, Fair Labor Standards Division, One West Old State Capitol Plaza, Room 300, Springfield, IL 62701. SECTION 8: Within thirty (30) days after the filing with the Secretary of State, the Village Clerk shall cause a notice to be published in a newspaper of general circulation within the Village stating: THE VILLAGE OF OAK BROOK, ILLINOIS PUBLIC NOTICE OF ADOPTION OF PREVAILING WAGE STANDARDS PLEASE TAKE NOTICE that on June 10, 2014, the President and Board of Trustees of the Village of Oak Brook, Illinois, adopted Ordinance 2014-PW-WPA-EX2-S-1401 determining prevailing wages pursuant to 820 ILCS 13/1 et seq., which determination is now effective. (Date of Publication) APPENDIX 1 Published by Order of the President and Board of Trustees of the Village of Oak Brook. Charlotte K. Pruss Village Clerk SECTION 9: If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance. SECTION 10: All ordinances in conflict herewith are repealed to the extent of such conflict. SECTION 11: This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. APPROVED THIS 10th day of June, 2014. PASSED THIS 10th day of June, 2014. STATE OF ILLINOIS SS COUNTY OF DUPAGE Gopal G. Lalmalani Village President ATTEST: Charlotte K. Pruss Village Clerk CERTIFICATION I, Charlotte Pruss, DO HEREBY CERTIFY that I am the duly qualified and elected Clerk of the Village of Oak Brook, Illinois, and that as such Clerk I do have charge of and custody of the books and records of the Village of Oak Brook, Illinois, I DO HEREBY FURTHER CERTIFY that the foregoing is a full, true and correct copy of Ordinance 2014-PW-WPA-EX2-S-1401, "AN ORDINANCE ADOPTING THE PREVAILING WAGE APPENDIX 1 STANDARDS IN THE VILLAGE OF OAK BROOK, ILLINOIS," adopted and approved by the President and Board of Trustees of the Village of Oak Brook, Illinois on June 10, 2014. IN WITNESS WHEREOF, I have hereunto affixed my hand and the Corporate Seal of the Village of Oak Brook, Illinois this 10th day of June, 2014. Charlotte K. Pruss, Village Clerk SEAL Village of Oak Brook, Illinois EXHIBIT A Cook County Prevailing Wage for June 2014 (See explanation of column headings at bottom of wages) Trade Name RG TYP C Base FRMAN M -F>8 OSA OSH H/W Pensn Vac Trng ASBESTOS ABT -GEN ALL 37.100 37.600 1.5 1.5 2.0 13.38 9.520 0.000 0.500 ASBESTOS ABT -MEC BLD 35.100 37.600 1.5 1.5 2.0 11.17 10.76 0.000 0.720 BOILERMAKER BLD 44.240 48.220 2.0 2.0 2.0 6.970 17.54 0.000 0.350 BRICK MASON BLD 41.580 45.740 1.5 1.5 2.0 9.700 12.80 0.000 1.040 CARPENTER ALL 42.520 44.520 1.5 1.5 2.0 13.29 12.75 0.000 0.630 CEMENT MASON ALL 42.350 44.350 2.0 1.5 2.0 12.16 12.35 0.000 0.430 CERAMIC TILE FNSHER BLD 34.810 0.000 2.0 1.5 2.0 10.20 7.830 0.000 0.640 COMM. ELECT. BLD 38.000 40.800 1.5 1.5 2.0 8.420 11.30 1.100 0.700 ELECTRIC PWR EQMT OP ALL 44.850 49.850 1.5 1.5 2.0 10.63 14.23 0.000 0.450 ELECTRIC PWR GRNDMAN ALL 34.980 49.850 1.5 1.5 2.0 8.290 11.10 0.000 0.350 ELECTRIC PWR LINEMAN ALL 44.850 49.850 1.5 1.5 2.0 10.63 14.23 0.000 0.450 ELECTRICIAN ALL 43.00046.000 1.5 1.5 2.0 12.83 14.27 0.000 0.750 ELEVATOR CONSTRUCTOR BLD 49.900 56.140 2.0 2.0 2.0 12.73 13.46 3.990 0.600 FENCE ERECTOR ALL 34.840 36.840 1.5 1.5 2.0 12.86 10.67 0.000 0.300 GLAZIER BLD 40.000 41.500 1.5 2.0 2.0 12.49 15.99 0.000 0.940 HT/FROST INSULATOR BLD 46.950 49.450 1.5 1.5 2.0 11.17 11.96 0.000 0.720 IRON WORKER 0.350 LABORER 0.500 LATHER 0.630 MACHINIST 0.000 MARBLE FINISHERS 0.590 MARBLE MASON 0.740 MATERIAL TESTER I 0.500 MATERIALS TESTER II 0.500 MILLWRIGHT 0.630 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 ALL 42.070 44.070 2.0 ALL 37.000 37.750 1.5 ALL 42.520 0.000 44.52-0 1.5 1.5 BLD 43.920 44.520 46.420 1.5 1.5 ALL 30.520 50.100 0.000 2.0 1.5 BLD 40.780 50.100 44.860 2.0 1.5 ALL 27.000 50.100.2.0 0.000 1.5 ALL 32.000 0.000 13.45 1.5 ALL 42.520 HWY 44.520 39.100 1.5 BLD 1 46.100 1.5 50.100 6 2.0 BLD 2 44.800 13.29 50.100 HWY 2.0 BLD 3 42.250 48.300 50.100.2.0 1.5 BLD 4 40.500 1.850 50.100 2.0 2.0 BLD 5 49.850 12.55 50.100 0.000 2.0 BLD 6 47.100 50.100 2.0 BLD 7 49.100 50.100 2.0 FLT 1 51.300 51.300 1.5 FLT 2 49.800 51.300 1.5 FLT 3 44.350 51.300 1.5 FLT 4 36.850 51.300 1.5 FLT 5 52.800 51.300 1.5 HWY 1 44.300 48.300 1.5 HWY 2 43.750 48.300 1.5 HWY 3 41.700 48.300 1.5 HWY 4 40.300 13.45 48.300 19.59 1.5 HWY 5 39.100 48.300 1.5 HWY 6 47.300 2.0 48.300 13.29 1.5 HWY 7 45.300 1.5 48.300 1.5 APPENDIXI 2.0 2.0 13.45 19.59 0.000 1.5 2.0 13.3B 9.520 0.000 1.5 2.0 13.29 12.15 0.000 1.5 2.0 6.760 8.950 1.850 1.5 2.0 9.700 12.55 0.000 1.5 2.0 9.700 12.71 0.000 1.5 2.0 13.38 9.520 0.000 1.5 2.0 13.38 9.520 0.000 1.5 2.0 13.29 12.75 0.000 2.0 2.0 16.60 11.05 1.900 2.0 2.0 16.60 11.05 1.900 2.0 2.0 16.60 11.05 1.900 2.0 2.0 16.60 11.05 1.900 2.0 2.0 16.60 11.05 1.900 2.0 2.0 16.60 11.05 1.900 2.0 2.0 16.60 11.05 1.900 1.5 2.0 15.70 10.55 1.900 1.5 2.0 15.70 10.55 1.900 1.5 2.0 15.70 10.55 1.900 1.5 2.0 15.70 10.55 1.900 1.5 2.0 15.70 10.55 1.900 1.5 2.0 16.60 11.05 1.900 1.5 2.0 16.60 11.05 1.900 1.5 2.0 16.60 11.05 1.900 1.5 2.0 16.60 11.05 1.900 1.5 2.0 16.60 11.05 1.900 1.5 2.0 16.60 11.05 1.900 1.5 2.0 16.60 11.05 1.900 APPENDIX 1 ORNAMNTL IRON WORKER ALL 42.900 45.400 2.0 2.0 2.0 13.11 16.40 0.000 0.600 PAINTER ALL 40.750 45.500 1.5 1.5 1.5 10.75 11.10 0.000 0.770 PAINTER SIGNS BLD 33.920 38.090 1.5 1.5 1.5 2.600 2.710 0.000 0.000 PILEDRIVER ALL 42.520 44.520 1.5 1.5 2.0 13.29 12.75 0.000 0.630 PIPEFITTER BLD 46.000 49.000 1.5 1.5 2.0 9.000 15.85 0.000 1.680 PLASTERER BLD 41.250 43.730 1.5 1.5 2.0 11.10 11.69 0.000 0.550 PLUMBER BLD 46.050 48.050 1.5 1.5 2.0 12.53 10.06 0.000 0.880 ROOFER BLD 39.200 42.200 1.5 1.5 2.0 8.280 9.690 0.000 0.430 SHEETMETAL WORKER BLD 41.210 44.510 1.5 1.5 2.0 10.48 19.41 0.000 0.660 SIGN HANGER BLD 30.210 30.710 1.5 1.5 2.0 4.850 3.030 0.000 0.000 SPRINKLER FITTER BLD 49.200 51.200 1.5 1.5 2.0 10.75 8.850 0.000 0.450 STEEL ERECTOR ALL 42.070 44.070 2.0 2.0 2.0 13.45 19.59 0.000 0.350 STONE MASON BLD 41.580 45.740 1.5 1.5 2.0 9.700 12.80 0.000 1.040 NOT IN EFFECT 37.000 37.750 1.5 1.5 2.0 12.97 9.930 0.000 0.500 TERRAZZO FINISHER BLD 36.040 0.000 1.5 1.5 2.0 10.20 9.900 0.000 0.540 TERRAZZO MASON BLD 39.880 42.880 1.5 1.5 2.0 10.20 11.25 0.000 0.700 TILE MASON BLD 41.840 45.840 2.0 1.5 2.0 10.20 9.560 0.000 0.880 TRAFFIC SAFETY WRKR HWY 28.250 29.850 1.5 1.5 2.0 4.896 4.175 0.000 0.000 TRUCK DRIVER E ALL 1 33.850 34.500 1.5 1.5 2.0 8.150 8.500 0.000 0.150 TRUCK DRIVER E ALL 2 34.100 34.500 1.5 1.5 2.0 8.150 8.500 0.000 0.150 TRUCK DRIVER E ALL 3 34.300 34.500 1.5 1.5 2.0 8.150 8.500 0.000 0.150 TRUCK DRIVER E ALL 4 34.500 34.500 1.5 1.5 2.0 8.150 8.500 0.000 0.150 TRUCK DRIVER W ALL 1 32.550 33.100 1.5 1.5 2.0 6.500 4.350 0.000 0.000 TRUCK DRIVER W ALL 2 32.70033.100 1.5 1.5 2.0 6.500 4.350 0.000 0.000 TRUCK DRIVER W ALL 3 32.900 33.100 1.5 1.5 2.0 6.500 4.350 0.000 0.000 TRUCK DRIVER W ALL 4 33.100 33.100 1.5 1.5 2.0 6.500 4.350 0.000 0.000 TUCKPOINTER BLD 41.950 42.950 1.5 1..5 2.0 8.180 11.78 0.000 0.630 Legend: RG (Region) TYP (Trade Type - All,Highway,Building,Floating,0i1 & (:hip,Rivers) APPENDIXI C (class) Base (Base wage Rate) FRMAN (Foreman Rate) M -F>8 (OT required for any hour greater than 8 worked each day, Mon through Fri. OSA (Overtime (OT) is required for every hour worked on Saturday) OSH (Overtime is required for every hour worked on Sunday and Holidays) H/W (Health 6 welfare Insurance) Pensa (Pension) Vac (vacation) Trng (Training) Explanations COOK COUNTY The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day in some classifications/counties. Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration. If in doubt, please check with IDOL. TRUCK DRIVERS (WEST) - That part of the county West of Barrington Road. EXPLANATION OF CLASSES ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous materials from any place in a building, including mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials/mold and hazardous materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the mechanical systems are to remain. CERAMIC TILE FINISHER The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products; all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all substitute materials, for tile made in tile -like units; all mixtures in tile like form of cement, metals, and other materials that are for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings, swimming pools, and all other places where tile is to form a finished interior or exterior. The mixing of all setting mortars including but not limited to thin -set mortars, epoxies, wall mud, and any other sand and cement mixtures or adhesives when used in the preparation, installation, repair, or maintenance of tile and/or similar materials. The handling and unloading of all sand, cement, lime, tile, fixtures, equipment, adhesives, or any other materials to be.used in APPENDIXI the preparation, installation, repair, or maintenance of tile and/or similar materials. Ceramic Tile Finishers shall fill all joints and voids regardless of method on all tile work, particularly and especially after installation of said tile work. Application of any and all protective coverings to all types of tile installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings, plywood, masonite, cardboard, and any new type of products that may be used to protect tile installations, Blastrac equipment, and all floor scarifying equipment used in preparing floors to receive tile. The clean up and removal of all waste and materials. All demolition of existing tile floors and walls to be re -tiled. COMMUNICATIONS ELECTRICIAN Installation, operation, inspection, maintenance, repair and service - of radio, television, recording, voice sound vision production and reproduction, telephone and telephone interconnect, facsimile, data apparatus, coaxial, fibre optic and wireless equipment, appliances and systems used for the transmission and reception of signals of any nature, business, domestic, commercial, education, entertainment, and residential purposes, including but not limited to, communication and telephone, electronic and sound equipment, fibre optic and data communication systems, and the performance of any task directly related to such installation or service whether at new or existing sites, such tasks to include the placing of wire and cable and electrical power conduit or other raceway work within the equipment room and pulling wire and/or cable through conduit and the installation of any incidental conduit, such that the employees covered hereby can complete any job in full. MARBLE FINISHER Loading and unloading trucks, distribution of all materials (all stone, sand, etc.), stocking of floors with material, performing all rigging for heavy work, the handling of all material that may be needed for the installation of such materials, building of scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble, holding water on diamond or Carborundum blade or saw for setters cutting, use of tub saw or any other saw needed for preparation of material, drilling of holes for wires that anchor material set by setters, mixing up of molding plaster for installation of material, mixing up thin set for the installation of material, mixing up of sand to cement for the installation of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, granite and other stones (meaning as to stone any foreign or domestic materials as are specified and used in building interiors and exteriors and customarily known as stone in the trade), carrara, sanionyx, vitrolite and similar opaque glass and the laying of all marble tile, terrazzo tile, slate tile and precast tile, steps, risers treads, base, or any other materials that may be used as substitutes for any of the aforementioned materials and which are used on interior and exterior which are installed in a similar manner. APPENDIX 1 MATERIAL TESTER I: Hand coring and drilling for testing of.materials; field inspection of uncured concrete and asphalt. MATERIAL TESTER II: Field inspection of welds, structural steel, fireproofing, masonry, soil, facade, reinforcing steel, formwork, cured concrete, and concrete and asphalt batch plants; adjusting proportions of bituminous mixtures. OPERATING ENGINEER - BUILDING Class 1. Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson Attachment; Batch Plant; Benoto (requires Two Engineers); Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End -loader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Conveyor (Truck Mounted); Concrete Paver Over 27E cu. ft; Concrete Paver 27E cu. ft. and Under: Concrete Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted); Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCI and similar Type); Crater Crane; Spider Crane; Crusher, Stone, etc.; Derricks, All; Derricks, Traveling; Formless Curb and Gutter Machine; Grader, Elevating; Grouting Machines; Heavy Duty Self -Propelled Transporter or Prime Mover; Highlift Shovels or Front Endloader 2-1/4 yd. and over; Hoists, Elevators, outside type rack and pinion and similar machines; Hoists, One, Two and Three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment); Locomotives, All; Motor Patrol; Lubrication Technician; Manipulators; Pile Drivers and Skid Rig; Post Hole Digger; Pre -Stress Machine; Pump Cretes Dual Ram; Pump Cretes: Squeeze Cretes-Screw Type Pumps; Gypsum Bulker and Pump; Raised and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn; Slip -Form Paver; Straddle Buggies; Operation of Tie Back Machine; Tournapull; Tractor with Boom and Side Boom; Trenching Machines. Class 2. Boilers; Broom, All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over); Conveyor, Portable; Forklift Trucks; Highlift Shovels or Front Endloaders under 2-1/4 yd.; Hoists, Automatic; Hoists, Inside Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum; Laser Screed; Rock Drill (Self -Propelled); Rock Drill (Truck Mounted); Rollers, All; Steam Generators; Tractors, All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame. Class 3. Air Compressor;. Combination Small Equipment Operator; Generators; Heaters, Mechanical; Hoists, Inside Elevators (remodeling or renovation work); Hydraulic Power Units (Pile Driving, Extracting, and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Low Boys; Pumps, Well Points; Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches. Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick Forklift. Class 5. Assistant Craft Foreman Class 6. Gradall. APPENDIXI Class 7. Mechanics; Welders. OPERATING ENGINEERS - HIGHWAY CONSTRUCTION Class 1. Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt Heater Scarfire; Asphalt Spreader; Autograder/GOMACO or other similar type machines: ABG Paver; Backhoes with Caisson Attachment; Ballast Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi-Mix Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments); Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Tower Cranes of all types: Creter Crane: Spider Crane; Crusher, Stone, etc.; Derricks, All; Derrick Boats; Derricks, Traveling; Dredges; Elevators, Outside type Rack & Pinion and Similar Machines; Formless Curb and Gutter Machine; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard Rail Post Driver Truck Mounted; Hoists, One, Two and Three Drum; Heavy Duty Self -Propelled Transporter or Prime Mover; Hydraulic Backhoes; Backhoes with shear attachments up to 40' of boom reach; Lubrication Technician; Manipulators; Mucking Machine; Pile Drivers and Skid Rig; Pre -Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck Mounted; Rock/Track Tamper; Roto Mill Grinder; Slip -Form Paver; Snow Melters; Soil Test Drill Rig (Truck Mounted); Straddle Buggies; Hydraulic Telescoping Form (Tunnel); Operation of Tieback Machine; Tractor Drawn Belt Loader; Tractor Drawn Belt Loader (with attached pusher - two engineers); Tractor with Boom; Tractaire with Attachments; Traffic Barrier Transfer Machine; Trenching; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole Drills (Tunnel Shaft); Underground Boring and/or Mining Machines 5 ft. in diameter and over tunnel, etc; Underground Boring and/or Mining Machines under 5 ft. in diameter; Wheel Excavator; Widener (APSCO). Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front Endloader Machine (Less than 1 cu. yd. Backhoe Bucket or over or with attachments); Compressor and Throttle Valve; Compressor, Common Receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and including 27 cu. ft.; Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type); Drills, All; Finishing Machine - Concrete; Highlift Shovels or Front Endloader; Hoist - Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments); Hydro -Blaster; Hydro Excavating (excluding hose work); Laser Screed; All Locomotives, Dinky; Off -Road Hauling Units (including articulating) Non Self -Loading Ejection Dump; Pump Cretes: Squeeze Cretes - Screw Type Pumps, Gypsum Bulker and Pump; Roller, Asphalt; Rotary Snow Plows; Rototiller, Seaman, etc., self-propelled; Self -Propelled Compactor; Spreader - Chip - Stone, etc.; Scraper - Single/Twin Engine/Push and Pull; Scraper - Prime Mover in Tandem (Regardless of Size); Tractors pulling attachments, Sheeps Foot, Disc, Compactor, etc.; Tug Boats. Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over); Conveyor, Portable; Farm -Type Tractors Used for Mowing, Seeding, etc.; APPENDIX 1 Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Low Boys; Pipe Jacking Machines; Post -Hole Digger; Power Saw, Concrete Power Driven; Pug Mills; Rollers, other than Asphalt; Seed and Straw Blower; Steam Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats; Tamper -Form -Motor Driven. Class 4. Air Compressor; Combination - Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic Power Unit (Pile Driving, Extracting, or Drilling); Light Plants, All (1 through 5); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Pumps, Well Points; Vacuum Trucks (excluding hose work); Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches. Class S. SkidSteer Loader (all); Brick Forklifts; Oilers. Class 6. Field Mechanics and Field Welders Class 7. Dowell Machine with Air Compressor; Gradall and machines of like nature. OPERATING ENGINEER - FLOATING Class 1. Craft Foreman; Master Mechanic; Diver/Wet Tender; Engineer; Engineer (Hydraulic Dredge). Class 2. Crane/Backhoe Operator; Boat Operator with towing endorsement; Mechanic/Welder; Assistant Engineer (Hydraulic Dredge); Leverman (Hydraulic Dredge); Diver Tender. Class 3. Deck Equipment Operator, Machineryman, Maintenance of Crane (over 50 ton capacity) or Backhoe (115,000 lbs. or more); Tug/Launch Operator; Loader/Dozer and like equipment on Barge, Breakwater Wall, Slip/Dock, or Scow, Deck Machinery, etc. Class 4. Deck Equipment Operator, Machineryman/Fireman (4 Equipment Units or More); Off Road Trucks; Deck Hand, Tug Engineer, Crane Maintenance (50 Ton Capacity and Under) or Backhoe Weighing (115,000 pounds or less);. Assistant Tug Operator. Class 5. Friction or Lattice Boom Cranes. SURVEY WORKER - Operated survey equipment including data collectors, G.P.S. and robotic instruments, as well as conventional levels and transits. TERRAZZO FINISHER The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing, grinding, grouting, cleaning and sealing of all Marble, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting by hand or machine, and in addition, assisting and aiding Marble, Masonic, and Terrazzo Mechanics. TRAFFIC SAFETY APPENDIX Work associated with barricades, horses and drums used to reduce lane usage on highway work, the installation and removal of temporary lane markings, and the installation and removal of temporary road signs. TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION - EAST & WEST Class 1. Two or three Axle Trucks. A -frame Truck when used for transportation purposes; Air Compressors and Welding Machines, including those pulled by cars, pick-up trucks and tractors; Ambulances; Batch Gate Lockers; Batch Hopperman; Car and Truck Washers; Carry-alls; Fork Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2 -man operation; Pavement Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2 -man operation; Slurry Truck Conveyor Operation, 2 or 3 man; Teamsters; Unskilled Dumpman; and Truck Drivers hauling warning lights, barricades, and portable toilets on the job site. Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or Turnatrailers when pulling other than self -loading equipment or similar equipment under 16 cubic yards; Mixer Trucks under 7 yards; Ready -mix Plant Hopper Operator, and Winch Trucks, 2 Axles. Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or turnapulls when pulling other than self -loading equipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, 1 -man operation; Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1 -man operation; Winch trucks, 3 axles or more; Mechanic --Truck Welder and Truck Painter. Class 4. Six axle trucks; Dual-purpose vehicles, such as mounted crane trucks with hoist and accessories; Foreman; Master Mechanic; Self -loading equipment like P.B. and trucks with scoops on the front. Other Classifications of Work: For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available. If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county has such a classification and provide such rate, such rate being deemed to exist by reference in this document. If no neighboring county rate applies to the task, the Department shall undertake a special determination, such special determination being then deemed to. have existed under this determination. If a project requires these, or any classification not listed, please contact IDOL at 217-782-1710 for wage rates or clarifications. LANDSCAPING Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by APPENDIX I landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of equipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver. MATERIAL TESTER & MATERIAL TESTER/INSPECTOR I AND II Notwithstanding the difference in the classification title, the classification entitled "Material Tester I" involves the same job duties as the classification entitled "Material Tester/Inspector I" Likewise, the classification entitled "Material Tester II" involves the same job duties as the classification entitled "Material Tester/Inspector II". APPENDIXI EXHIBIT B Du Page County Prevailing Wage for June 2014 (See explanation of column headings at bottom of wages) Trade Name RG TYP C Base FRMAN M -F>8 OSA OSE H/W Pensn Vac Trng ASBESTOS ABT -GEN ALL 37.100 37.600 1.5 1.5 2.0 13.38 9.520 0.000 0.500 ASBESTOS ABT -MEC BLD 35.100 37.600 1.5 1.5 2.0 11.17 10.76 0.000 0.720 BOILERMAKER BLD 44.240 48.220 2.0 2.0 2.0 6.970 17.54 0.000 0.350 BRICK MASON BLD 41.580 45.740 1.5 1.5 2.0 9.700 12.80 0.000 1.040 CARPENTER ALL 42.520 44.520 1.5 1.5 2.0 13.29 12.75 0.000 0.630 CEMENT MASON ALL 38.500 40.500 2.0 1.5 2.0 12.16 16.25 0.000 0.430 CERAMIC TILE FNSHER BLD 34.810 0.000 2.0 1.5 2.0 10.20 7.830 0.000 0.640 COMMUNICATION TECH BLD 32.650 34.750 1.5 1.5 2.0 9.550 15.16 1.250 0.610 ELECTRIC PWR EQMT OP ALL 37.890 51.480 1.5 1.5 2.0 5.000 11.75 0.000 0.380 ELECTRIC PWR GRNDMAN ALL 29.300 51.480 1.5 1.5 2.0 5.000 9.090 0.000 0.290 ELECTRIC PWR LINEMAN ALL 45.360 51.480 1.5 1.5 2.0 5.000 14.06 0.000 0.450 ELECTRIC PWR TRK DRV ALL 30.340 51.480 1.5 1.5 2.0 5.000 9.400 0.000 0.300 ELECTRICIAN BLD 37.160 40.880 1.5 1.5 2.0 9.550 17.39 4.480 0.680 ELEVATOR CONSTRUCTOR BLD 49.900 56.140 2.0 2.0 2.0 12.73 13.46 3.990 0.600 FENCE ERECTOR NE ALL 34.840 36.840 1.5 1.5 2.0 12.86 10.67 0.000 0.300 FENCE ERECTOR W ALL 45.060 48.660 2.0 2.0 2.0 9.390 17.69 0.000 0.400 GLAZIER BLD 40.000 41.500 1.5 2.0 2.0 12.49 15.99 0.000 0.94'0 HT/FROST INSULATOR BLD 46.950 49.450 1.5 1.5 2.0 11.17 11.96 0.000 0.720 IRON WORKER E ALL 42.070 44.070 2.0 2.0 2.0 13.45 19.59 0.000 0.350 IRON WORKER W ALL 45.060 48.660 2.0 2.0 2.0 9.390 17.69 0.000 0.400 LABORER ALL 37.000 37.750 1.5 1.5 2.0 13.38 9.520 0.000 0.500 LATHER ALL 42.520 44.520 1.5 1.5 2.0 13.29 12.75 0.000 0.630 MACHINIST BLD 43.920 46.420 1.5 1.5 2.0 6.760 8.950 1.850 0.000 MARBLE FINISHERS 0.590 MARBLE MASON 0.740 MATERIAL TESTER I 0.500 MATERIALS TESTER II 0.500 MILLWRIGHT 0.630 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 OPERATING ENGINEER 1.250 ORNAMNTL IRON WORKER E. ALL ALL 30.520 0.000 1.5 BLD 40.780 44.860 1.5 ALL BLD 27.000 0.000 1.5 ALL 32.000 0.000 1.5 ALL ALL 42.520 44.520 1.5 BLD 1 46.100 50.100 2.0 BLD 2 44.800 50.100 2.0 BLD 3 42.250 50.100 2.0 BLD 4 40.500 50.100 2.0 BLD 5 49.850 50.100 2.0 BLD 6 47.100 50.100 2.0 BLD 7 49.100 50.100 2.0 HWY 1 44.300 48.300 1.5 HWY 2 43.750 48.300 1.5 HWY 3 41.700 48.300 1.5 HWY 4 40.300 48.300 1.5 HWY 5 39.100 48.300 1.5 HWY 6 47.300 48.300 1.5 HWY 7 45.300 48.300 1.5 ALL 42.900 45.400 2.0 0.600 ORNAMNTL IRON WORKER W ALL 45.060 48.660 2.0 0.400 PAINTER ALL 40.980 42.980 1.5 1.350 PAINTER SIGNS BLD 33.920 38.090 1.5 0.000 PILEDRIVER ALL 42..52044.520 1.5 0.630 PIPEFITTER BLD 41.200 43.200 1.5 1.710 PLASTERER BLD 41.250 43.760 1.5 0.980 PLUMBER BLD 41.200 43.200 1.5 1.710 ROOFER BLD 39.200 42.200 1.5 0.430 APPENDIX 1.5 2.0 9.700 12.55 0.000 1.5 2.0 9.700 12.71 0.000 1.5 2.0 13.38 9.520 0.000 1.5 2.0 13.38 9.520 0.000 1.5 2.0 13.29 12.75 0.000 2.0 2.0 16.60 11.05 1.900 2.0 2.0 16.60 11.05 1.900 2.0 2.0 16.60 11.05 1.900 2.0 2.0 16.60 11.05 1.900 2.0 2.0 16.60 11.05 1.900 2.0 2.0 16.60 11.05 1.900 2.0 2.0 16.60 11.05 1.900 1.5 2.0 16.60 11.05 1.900 1.5 2.0 16.60 11.05 1.900 1.5 2.0 16.60 11.05 1.900 1.5 2.0 16.60 11.05 1.900 1.5 2.0 16.60 11.05 1.900 1.5 2.0 16.60 11.05 1.900 1.5 2.0 16.60 11.05 1.900 2.0 2.0 13.11 16.40 0.000 2.0 2.0 9.390 17.69 0.000 1.5 1.5 10.00 8.200 0.000 1.5 1.5 2.600 2.710 0.000 1.5 2.0 13.29 12.75 0.000 1.5 2.0 9.750 17.59 0.000 1.5 2.0 9.700 13.08 0.000 1.5 2.0 9.750 17.59 0.000 1.5 2.0 8.280 9.690 0.000 SHEETMETAL WORKER BLD 43.250 45.250 1.5 0.820 SPRINKLER FITTER BLD 49.200 51.200 1.5 0.450 STEEL ERECTOR E ALL 42.070 44.070 2.0 0.350 STEEL ERECTOR W ALL 45.060 48.660 2.0 0.400 STONE MASON BLD 41.580 45.740 1.5 1.040 NOT IN EFFECT 37.000 37.750 1.5 0.500 TERRAZZO FINISHER BLD 36.040 0.000 1.5 0.540 TERRAZZO MASON BLD 39.880 42.880 1.5 0.700 TILE MASON BLD 41.840 45.840 2.0 0.880 TRAFFIC SAFETY WRKR HWY 28.250 29.850 1.5 0.000 TRUCK DRIVER ALL 1 32.550 33.100 1.5 0.150 TRUCK DRIVER ALL 2 32.700 33.100 1.5 0.150 TRUCK DRIVER ALL 3 32.900 33.100 1.5 0.150 TRUCK DRIVER ALL 4 33.100 33.100 1.5 0.150 TUCKPOINTER BLD 40.950 41.950 1.5 0.630 APPENDIX 1.5 2.0 10.65 12.90 0.000 1.5 2.0 10.75 8.850 0.000 2.0 2.0 13.45 19.59 0.000 2.0 2.0 9.390 17.69 0.000 1.5 2.0 9.700 12.80 0.000 1.5 2.0 12.97 9.930 0.000 1.5 2.0 10.20 9.900 0.000 1.5 2.0 10.20 11.25 0.000 1.5 2.0 10.20 9.560 0.000 1.5 2.0 4.896 4.175 0.000 1.5 2.0 6.500 4.350 0.000 1.5 2.0 6.500 4.350 0.000 1.5 2.0 6.500 4.350 0.000 1.5 2.0 6.500 4.350 0.000 1.5 2.0 9.700 11.93 0.000 Legend: RG (Region) TYP (Trade Type - All,Highway,Building,Floating,Oi1 & Chip,Rivers) C (Class) Base (Base Wage Rate) FRMAN (Foreman Rate) M -F>8 (OT required for any hour greater than 8 worked each day, Mon through Fri. OSA (Overtime (OT) is required for every hour worked on Saturday) OSH (Overtime is required for every hour worked on Sunday and Holidays) H/W (Health & Welfare Insurance) Parse (Pension) Vac (Vacation) Trng (Training) APPENDIXI Explanations DUPAGE COUNTY IRON WORKERS AND FENCE ERECTOR (WEST) - West of Route 53 The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day in some classifications/counties. Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration. If in doubt, please check with IDOL. EXPLANATION OF CLASSES ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous materials from any place in a building, including mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials/mold and hazardous materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the mechanical systems are to remain. TRAFFIC SAFETY - work associated with barricades, horses and drums used to reduce lane usage on highway work, the installation and removal of temporary lane markings, and the installation and removal of temporary road signs. CERAMIC TILE FINISHER The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products; all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all substitute materials, for tile made in tile -like units; all mixtures in tile like form of cement, metals, and other materials that are for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings, swimming pools, and all other places where tile is to form a finished interior or exterior. The mixing of all setting mortars including but not limited to thin -set mortars, epoxies, wall mud, and any other sand and cement mixtures or adhesives when used in the preparation, installation, repair, or maintenance of tile and/or similar materials. The handling and unloading of all sand, cement, lime, tile, fixtures, equipment, adhesives, or any other materials to be used in the preparation, installation, repair, or maintenance of tile and/or similar materials. Ceramic Tile Finishers shall fill all joints and voids regardless of method on all tile work, particularly and especially after installation of said tile work. Application of any and all protective coverings to all types of tile installations APPENDIX including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings, plywood, masonite, cardboard, and any new type of products that may be used to protect tile installations, Blastrac equipment, and all floor scarifying equipment used in preparing floors to receive tile. The clean up and removal of all waste and materials. All demolition of existing tile floors and walls to be re -tiled. COMMUNICATIONS TECHNICIAN Low voltage installation, maintenance and removal of telecommunication facilities (voice, sound, data and video) including telephone and data inside wire, interconnect, terminal equipment, central offices, PABX, fiber optic cable and equipment, micro waves, V -SAT, bypass, CATV, WAN (wide area networks), LAN (local area networks), and ISDN (integrated system digital network), pulling of wire in raceways, but not the installation of raceways. MARBLE FINISHER Loading and unloading trucks, distribution of all materials (all stone, sand, etc.), stocking of floors with material, performing all rigging for heavy work, the handling of all material that may be needed for the installation of such materials, building of scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble, holding water on diamond or Carborundum blade or saw for setters cutting, use of tub saw or any other saw needed for preparation of material, drilling of holes for wires that anchor material set by setters, mixing up of molding plaster for installation of material, mixing up thin set for the installation of material, mixing up of sand to cement for the installation of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, granite and other stones (meaning as to stone any foreign or domestic materials as are specified and used in building interiors and exteriors and customarily known as stone in the trade), carrara, sanionyx, vitrolite and similar opaque glass and the laying of all marble tile, terrazzo tile, slate tile and precast tile, steps, risers treads, base, or any other materials that may be used as substitutes for any of the aforementioned materials and which are used on interior and exterior which are installed in a similar manner. MATERIAL TESTER I: Hand coring and drilling for testing of materials; field inspection of uncured concrete and asphalt. MATERIAL TESTER II: Field inspection of welds, structural steel, fireproofing, masonry, soil, facade, reinforcing steel, formwork, cured concrete, and concrete and asphalt batch plants; adjusting proportions of bituminous mixtures. APPENDIXI OPERATING ENGINEER - BUILDING Class 1. Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson Attachment; Batch Plant; Benoto (requires Two Engineers); Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End -loader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Conveyor (Truck Mounted); Concrete Paver Over 27E cu. £t; Concrete Paver 27E cu. ft. and Under: Concrete Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted); Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCI and similar Type); Creter Crane; Spider Crane; Crusher, Stone, etc.; Derricks, All; Derricks, Traveling; Formless Curb and Gutter Machine; Grader, Elevating; Grouting Machines; Heavy Duty Self -Propelled Transporter or Prime Mover; Highlift Shovels or Front Endloader 2-1/4 yd. and over; Hoists, Elevators, outside type rack and pinion and similar machines; Hoists, One, Two and Three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment); Locomotives, All; Motor Patrol; Lubrication Technician; Manipulators; Pile Drivers and Skid Rig; Post Hole Digger; Pre -Stress Machine; Pump Cretes Dual Ram; Pump Crates: Squeeze Cretes-Screw Type Pumps; Gypsum Bulker and Pump; Raised and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn; Slip -Form Paver; Straddle Buggies; Operation of Tie Back Machine; Tournapull; Tractor with Boom and Side Boom; Trenching Machines. Class 2. Boilers; Broom, All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over); Conveyor, Portable; Forklift Trucks; Highlift Shovels or Front Endloaders under 2-1/4 yd.; Hoists, Automatic; Hoists, Inside Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum; Laser Screed; Rock Drill (Self -Propelled); Rock Drill (Truck Mounted); Rollers, All; Steam Generators; Tractors, All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame. Class 3. Air Compressor; Combination Small Equipment Operator; Generators; Heaters, Mechanical; Hoists, Inside Elevators (remodeling or renovation work); Hydraulic Power Units (Pile Driving, Extracting, and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Low Boys; Pumps, Well Points; Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches. Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick Forklift. Class 5. Assistant Craft Foreman. Class 6. Gradall. Class 7. Mechanics; Welders. OPERATING ENGINEERS - HIGHWAY CONSTRUCTION Class 1. Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt Heater Scarfire; Asphalt Spreader; Autograder/GOMACO or other similar type machines: AUG Paver; Backhoes with Caisson Attachment; Ballast Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi-Mix a_IR_ "IW411 Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments); Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Tower Cranes of all types: Crater Crane: Spider Crane; Crusher, Stone, etc.; Derricks, All; Derrick Boats; Derricks, Traveling; Dredges; Elevators, Outside type Rack & Pinion and Similar Machines; Formless Curb and Gutter Machine; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard Rail Post Driver Truck Mounted; Hoists, One, Two and Three Drum; Heavy Duty Self -Propelled Transporter or Prime Mover; Hydraulic Backhoes; Backhoes with shear attachments up to 40' of boom reach; Lubrication Technician; Manipulators; Mucking Machine; Pile Drivers and Skid Rig; Pre -Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck Mounted; Rock/Track Tamper; Roto Mill Grinder; Slip -Form Paver; Snow Melters; Soil Test Drill Rig (Truck Mounted); Straddle Buggies; Hydraulic Telescoping Form (Tunnel); Operation of Tieback Machine; Tractor Drawn Belt Loader; Tractor Drawn Belt Loader (with attached pusher - two engineers); Tractor with Boom; Tractaire with Attachments; Traffic Barrier Transfer Machine; Trenching; Truck Mounted Concrete .Pump with Boom; Raised or Blind Hole Drills (Tunnel Shaft); Underground Boring and/or Mining Machines 5 ft. in diameter and over tunnel, etc; Underground Boring and/or Mining Machines under 5 ft. in diameter; Wheel Excavator; Widener (APSCO). Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front Endloader Machine (Less than 1 cu. yd. Backhoe Bucket or over or with attachments); Compressor and Throttle Valve; Compressor, Common Receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and including 27 cu. ft.; Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type); Drills, All; Finishing Machine - Concrete; Highlift Shovels or Front Endloader; Hoist - Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments); Hydro -Blaster; Hydro Excavating (excluding hose work); Laser Screed; All Locomotives, Dinky; Off -Road Hauling Units (including articulating) Non Self -Loading Ejection Dump; Pump Cretes: Squeeze Cretes - Screw Type Pumps, Gypsum Bulker and Pump; Roller, Asphalt; Rotary Snow Plows; Rototiller, Seaman, etc., self-propelled; Self -Propelled Compactor; Spreader - Chip - Stone, etc.; Scraper - Single/Twin Engine/Push and Pull; Scraper - Prime Mover in Tandem (Regardless of Size); Tractors pulling attachments, Sheeps Foot, Disc, Compactor, etc.; Tug Boats. Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over); Conveyor, Portable; Farm -Type Tractors Used for Mowing, Seeding, etc.; Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Low Boys; Pipe Jacking Machines; Post -Hole Digger; Power Saw, Concrete Power Driven; Pug Mills; Rollers, other than Asphalt; Seed and Straw Blower; Steam Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats; Tamper -Form -Motor Driven. Class 4. Air Compressor; Combination - Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic APPENDIXI Power Unit (Pile Driving, Extracting, or Drilling); Light Plants, All (1 through 5); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Pumps, Well Points; Vacuum Trucks (excluding hose work); Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches. Class 5. SkidSteer Loader (all); Brick Forklifts; Oilers. Class 6. Field Mechanics and Field Welders Class 7. Dowell Machine with Air Compressor; Gradall and machines of like nature. SURVEY WORKER - Operated survey equipment including data collectors, G.P.S. and robotic instruments, as well as conventional levels and transits. TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION Class 1. Two or three Axle Trucks. A -frame Truck when used for transportation purposes; Air Compressors and Welding Machines, including those pulled by cars, pick-up trucks and tractors; Ambulances; Batch Gate Lockers; Batch Hopperman; Car and Truck Washers; Carry -alis; Fork Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2 -man operation; Pavement Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2 -man operation; Slurry Truck Conveyor Operation, 2 or 3 man; Teamsters; Unskilled Dumpman; and Truck Drivers hauling warning lights, barricades, and portable toilets on the job site. Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or Turnatrailers when pulling other than self -loading equipment or similar equipment under 16 cubic yards; Mixer Trucks under 7 yeards; Ready -mix Plant Hopper Operator, and Winch Trucks, 2 Axles. Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or turnapulls when pulling other than self -loading equipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, 1 -man operation; Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1 -man operation; Winch trucks, 3 axles or more; Mechanic --Truck Welder and Truck Painter. Class 4. Six axle trucks; Dual-purpose vehicles, such as mounted crane trucks with hoist and accessories; Foreman; Master Mechanic; Self -loading equipment like P.B. and trucks with scoops on the front. TERRAZZO FINISHER The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing, grinding, grouting, cleaning and sealing of all Marble, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting by hand or machine, and in addition, assisting and aiding Marble, Masonic, and Terrazzo Mechanics. Other Classifications of Work: For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available. If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county has such a classification and provide such rate, such rate being deemed to exist by reference in this document. If no neighboring county rate applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed under this determination. If a project requires these, or any classification not listed, please contact IDOL at 217-782-1710 for wage rates or clarifications. LANDSCAPING Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of equipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver. MATERIAL TESTER & MATERIAL TESTER/INSPECTOR I AND II Notwithstanding the difference in the classification title, the classification entitled "Material Tester I" involves the same job duties as the classification entitled "Material Tester/Inspector I". Likewise, the classification entitled "Material Tester II" involves the same job duties as the classification entitled "Material Tester/Inspector II". PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: [insert contractor name and address here:] APPENDIX 2 as Principal (hereinafter called the "Contractor") and [insert surety name and address here:] organized and existing under the laws of the State of (hereinafter called the "Surety") are held and firmly bound unto Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, Illinois, as the obligee (hereinafter called the "Owner"), in the full and just sum of [insert full contract price here:] $ for the payment of which sum of money well and truly to be made, the Contractor and the Surety bind themselves and their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, said amount to include payment of actual costs and damages and for attorneys' fees, architectural fees, design fees, engineering fees, accounting fees, testing fees, consulting fees, administrative costs, court costs, interest and any other fees and expenses resulting from or incurred by reason of the Contractor's failure to promptly and faithfully perform its contract with the Owner, said contract being more fully described below, and to include attorneys' fees, court costs and administrative and other expenses necessarily paid or incurred in successfully enforcing performance of the obligation of the Surety under this bond. WHEREAS, the Contractor has entered into here:] , 201. with the a written agreement dated [insert contract date Owner titled [insert contract title here:] . " (the "Contract"), the terms and conditions of which are by this reference incorporated herein as though fully set forth herein. NOW, THEREFORE, THE CONDITION OF TIES OBLIGATION IS SUCH THAT if the Contractor shall well, truly, and promptly perform all the undertakings, covenants, terms, conditions, and agreements of the Contractor under the contract, including but not limited to the Contractor's obligations under the Contract, (1) to provide, perform, and complete at the Work Site and in the manner specified in the Contract all necessary Work, labor, services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data, and other means and items necessary for [insert general description of the Work here:] ; (2) to procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith [except as otherwise expressly provided in the Attachment _ of the Contract]; (3) to procure and furnish all bonds, certificates, and policies of insurance specified in the Contract; (4) to pay all applicable federal, state, and local taxes; (5) to do all other things required of the Contractor by the Contract; and (6) to provide, perform, and complete all of the foregoing in a proper and workmanlike manner and in full compliance with, and as required by and pursuant to, the Contract; all of which is herein referred to as the "Work," whether or not any of the Work enter into and become component parts of the improvement contemplated, then this obligation shall be null and void; otherwise it shall remain in fall force and effect. The Surety, for value received, hereby stipulates and agrees that no changes, modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances on the part of the Owner or the Contractor to the other in or to the terms of said Contract; in or to the schedules, plans, drawings, or specifications; in or to the method or manner of performance of the Work, in or to APPENDIX 2 Owner -furnished facilities, equipment, material, service, or site; or in or to the mode or manner of payment therefor shall in any way release the Contractor and the Surety or either or any of them, or any of their heirs, executors, administrators, successors, or assigns, or affect the obligations of the Surety on this bond, all notice of any and all of the foregoing changes, modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances and notice of any and all defaults by the Contractor or of the Owner's termination of the Contractor being hereby waived by the Surety. Notwithstanding anything to the contrary in the foregoing paragraph, in no event shall the obligations of the Surety under this bond in the event of the Contractor's default be greater than the obligations of the Contractor under the Contract in the absence of the Contractor default. In the event of a default or defaults by the Contractor, the Owner shall have the right to take over and complete the Contract on 30 calendar days' written notice to the Surety, in which event the Surety shall pay the Owner all costs incurred by the Owner in taking over and completing the Contract. At its option, the Owner may instead request that the Surety take over and complete the Contract, in which event the Surety shall take reasonable steps to proceed promptly with completion no later than 30 calendar days after the date on which the Owner notifies the Surety that the Owner wants the Surety to take over and complete the Contract. The Owner shall have no obligation to actually incur any expense or correct any deficient performance of the Contractor to be entitled to receive the proceeds of this bond. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner or the heirs, executors, administrators, or successors of the Owner. Signed and sealed this day of Attest/Witness: 201 By: By: Title: By: Attest[Witness: SURETY By: By: Title: By: LABOR AND MATERIALS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: [insert contractor name and address here:] APPENDIX 3 as Principal (hereinafter called the "Contractor") and [insert surety name and address here:] , organized and existing under the laws of the State of (hereinafter called the "Surety") are held and firmly bound unto Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, Illinois, as the obligee (hereinafter called the "Owner"), for the use and benefit of itself and of claimants as hereinafter defined (the "Claimants") in the full and just sum of [insert full contract price here:] $ to be paid to the Owner or the Claimants or the Owner's or the Claimant's assigns, to which payment well and truly to be made the Contractor and the Surety bind themselves and their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, said amount to include attorney's fees, court costs, and administrative and other expenses necessarily paid or incurred in successfully enforcing performance of the obligation of the Surety under this bond. WHEREAS, the Contractor has entered into a written agreement dated [insert contract date here:] 1201 _, with the Owner titled [insert contract title here:] " (the "Contract"), the terms and conditions of which are by this reference incorporated herein as though fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Contractor shall promptly pay or cause to be paid all sums of money that may be due to any Claimant with respect to the Contractor's obligations under the Contract: (1) to provide, perform, and complete at the Work Site and in the manner specified in the Contract all necessary Work, labor, services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data and other means and items necessary for [insert general description of the Work here:] (2) to procure and famish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith [except as otherwise expressly provided in Attachment A to the Contract]; (3) to procure and furnish all Bonds and all certificates and policies of insurance specified in the Contract; (4) to pay all applicable federal, state, and local taxes; (5) to do all other things required of the Contractor by the Contract; and (6) to provide, perform, and complete all of the foregoing in a proper and workmanlike manner and in full compliance with, and as required by or pursuant to, the Contract; all of which is herein referred to as the "Work," whether or not any of said Work enter into and become component parts of the improvement contemplated, then this obligation shall be null and void; otherwise it shall remain in full force and effect. For purpose of this bond, a Claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor to provide, perform, or complete any part of the Work. The Contractor and the Surety hereby jointly and severally agree that every Claimant that has not had all just claims for the furnishing of any part of the Work paid in full, including without limitation all claims for amounts due for materials, lubricants, oil, gasoline, rentals of or service or repairs on machinery, equipment, and tools consumed or used in connection with the furnishing of any APPENDIX 3 part of the Work, may sue on this bond for the use of that Claimant, may prosecute the suit to final judgment for such sum or sums as may be justly due that Claimant, and may have execution therein; provided, however, that the Owner shall not be liable for the payment of any costs or expenses of any such suit. The provisions of 30 ILCS 55011 and 2 of the Illinois Compiled Statutes shall be deemed inserted herein, including the time limits within which notices of claim must be filed and actions brought under this bond. The Contractor and the Surety hereby jointly agree that the Owner may sue on this bond if the Owner is held liable to, or voluntarily agrees to pay, any Claimant directly, but nothing in this bond shall create any duty on the part of the Owner to pay any Claimant. The Surety, for value received, hereby stipulates and agrees that no changes, modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances on the part of the Owner or the Contractor to the other in or to the terms of the Contract; in or to the schedules, plans, drawings, or specifications; in or to the method or manner of performance of the Work; in or to Owner -furnished facilities, equipment, material, service, or site; or in or to the mode or manner of payment therefor shall in any way release the Contractor and the Surety or either or any of them, or any of their heirs, executors, administrators, successors, or assigns, or affect the obligations of the Surety on this bond, all notice of any and all of the foregoing changes, modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances and notice of any and all defaults by the Contractor or of the Owner's termination of the Contractor being hereby waived by the Surety. Signed and sealed this day of 201 Attest/Witness: CONTRACTOR By: By: Title: By: Attest/Witness: SURETY M Title: By: