Boards & Commissions Supporting Documents - 10/08/2020 - Board of Trusteest;,'f1.y7'r
REVIEW OF CONTRACTS
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4990 Village of Oak Brook
2800 Meyers Road Building Demolition
o and Site Clearance
9 Bid Package
c0UN11'\
August 2019
Table of Contents
Section
A. Notice to Bidders
B. Bid
C. Instructions
D. Specifications
E. General Conditions
F. Statement of Contractor's Qualifications
G. References
H. Bid Certification
I.Contract
J.Contract Bond
K. Figures
L. Appendix
j :\worddoc\bid packages\2019 bid packages\2800 meyers demolition and site clearance final.docx
Section A Notice to Bidders
Posted on the Village website on Tuesday, August 20, 2019:
The Village of Oak Brook will receive bids for:
2800 Meyers Road Building Demolition and Site Clearance
A Pre-Bid meeting and site visit will be held at 10.00 a m on Tuesday, August 27
2019, at 2800 Meyers Road, Oak Brook, IL, 60523. Attendance at this meeting is
strongly recommended. The purpose of the meeting is to give all prospective bidders the
opportunity to inspect the exterior conditions of the building and site. The building will not
be open for interior inspection. Any questions or concerns can be addressed at this time.
Sealed bids will be received by Rania Serences, Senior Purchasing Assistant, Village of
Oak Brook, 1200 Oak Brook Road, Oak Brook, IL 60523 until 11:00 A.M., Tuesday,
September 3, 2019, prevailing time, and publicly opened in the Samuel E. Dean Board
Room at that time. No bids will be accepted after this time and date. Bids received after
this date and time will be returned to the sender unopened.
A complete bid package, of which this legal notice is a part, is on file for inspection and may
be downloaded from the Village's website www.oak-brook.org or picked up at the Butler
Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 60523, between the hours
of 8:00 A.M. and 4:30 P.M. Monday through Friday. There is no charge for the package.
No bid shall be withdrawn after opening of bids without the consent of the Village of Oak
Brook for a period of ninety (90) days after the scheduled time of opening bids.
The Village of Oak Brook reserves the right to reject any or all bids and to waive any
informalities in bidding and to accept the bid deemed most advantageous to it.
Charlotte K. Pruss
Village Clerk
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Section B Bid
2800 Meyers Road
Building Demolition and Site Clearance
I
1. COST OF WORK: I
I
The undersigned, acting for and on behalf of contractor and having familiarized
himself with conditions affecting the cost of the work and its performance and having
carefully examined and fully understood the entire bid package, hereby affirms and
agrees to enter into a contract with the Village of Oak Brook, Oak Brook, IL.
To provide all supervision, labor, material, equipment and all other expense items to
completely perform the work covered by all specifications for the work.
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The undersigned submits herewith his bid for the indicated item as follows:
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Complete the 2800 Meyers Road Building Demolition and Site Clearance as }
contained in Section D:
Lump Sum Total $$26.500
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In Words Twenty-Six Thousand Five Hundred Dollars
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A sIternate, the bidder shall s bmit a separate price fo stment of storm
str ure(s)as neededto eet a finish grades of th site.
Unit Co t$
Structurenords
As an alternate, the bidder shall submit a separate price for furnishing and placing
additional clean fill as needed to meet the finish grades of the site.
Unit Cost$ Cubic Yard
In Words -TtAX4 S; j A-11
Paqe 1
The Village of Oak Brook reserves the right to reject any or all bids and to waive any
informalities in bidding and to accept the bid deemed most advantageous to it.
2. COSTS:
The undersigned contractor hereby affirms and states the prices quoted herein
constitute the total cost to the Village for all work involved in the respective items and
that this cost also includes all insurance, royalties, transportation charges, use of all
tools and equipment, superintendence, overhead expense, all profits and all other
work, services and conditions necessarily involved in the work to be done and
materials to be furnished in accordance with the requirements of the contract
documents considered severally and collectively. This bid shall be held valid for a
period of ninety (90) days after the bid due date.
3. INSTRUCTIONS:
The undersigned contractor shall comply with all provisions and requirements of this
Bid Package.
4. TIME OF COMPLETION:
The undersigned affirms and declares that if awarded the contract for this work he
will completely perform said contract in strict accordance with its terms and conditions
by November 30, 2019, unless additional time shall be granted by the Village in
accordance with the provisions of the specifications. Should the contractor fail to
complete the work by said date or within such extended time as may have been
allowed, the contractor shall be liable to the Village in the amount set forth in the
specifications.
5. BID GUARANTEE:
N/A
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Firm Name: Siml2lee Removal & Trucking Inc.
Address: P O Box 12472
City, State, ZIP: Chic go Illinois 60612
Signature.
Name Printed: Shantelle Lee
Title: President
Telephone: 708-714-6808 Date: 11-11-2019
If a Corporation:
ATTEST:
1
Secretary
Page 3
Section C Instructions
1. RECEIPT OF BID: Tuesday, September 3, 2019 at 11:00 am.
2. BASIS OF BID: Sealed bids will be received until the above noted time and date.
3. PROJECT DESCRIPTION: 2800 Meyers Road Building Demolition and Site Clearance.
4. PREPARATION AND SUBMISSION OF BID:
A. A Pre-Bid meeting and site visit will be held at 10:00 a.m. on Tuesday, August 27
2019, at 2800 Meyers Road, Oak Brook, IL, 60523. . Attendance at this meeting is
strongly recommended. The purpose of the meeting is to give all prospective bidders
the opportunity to inspect the exterior conditions of the building and site. The building will
not be open for interior inspection. Any questions or concerns at this time shall be
submitted to the Village of Oak Brook in written form for a response to be distributed to all
represented entities.
B. The bid must be delivered to the office of the Senior Purchasing Assistant, Village of Oak
Brook, 1200 Oak Brook Road, Oak Brook, IL 60523 on or before Tuesday, September
3, 2019, at 11:00 A.M., prevailing time, at which time it will be publicly opened and read
in the S. E. Dean Board Room of the Village Hall. Bids received after this time will not be
considered and will be returned unopened.
C. The bid shall be submitted on the exact form furnished. All blank spaces for bid price, unit
cost and alternates must be filled in--in ink--in both words and figures (as stipulated). In
case of any discrepancy in the amount proposed, the prices expressed in written words
shall govern.
D. A complete bid package must be submitted, including the following items:
1. Bid.
2. Statement of Qualifications.
3. References
4. Bid Certification
E. The Contract and Contract Bond (Performance and Payment)are provided as information,
and will be completed only upon acceptance of the bid by the Village. The surety company
issuing the Contract Bond must be listed and approved by the U.S. Department of the
Treasury. Letters of Credit will not be accepted in place of the Contract Bond.
F. Separate sheets may be attached to the bid for the purpose of explanation, exception,
alternate bid and to cover the unit price, if needed.
G. In submitting this bid, the contractor further declares that the only person or party
interested in the bid as principals are those named herein, and that the bid is made without
collusion with any other person, firm or corporation.
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H. The contractor further declares that he has carefully examined this entire Bid Package
and he has inspected in detail the site of the proposed work, and that he has familiarized
himself with all of the local conditions affecting the contract and the detailed requirements
of this work and understands that in making the bid he waives all rights to plead a
misunderstanding regarding same.
I. The contractor further understands and agrees that if his bid is accepted, he is to furnish
and provide all necessary machinery, tools, apparatus, and other means to do all of the
work and to furnish all of the materials specified in the contract, except such materials as
are to be furnished by the Village of Oak Brook in the manner and at the time therein
prescribed, and in accordance with the requirements therein set forth.
J. The contractor declares that he understands that the quantities listed on the Bid are
approximate only and that they are subject to increase or decrease; and that he will take
in full payment thereof the amount and the summation of the actual quantities, as fully
determined by the Village.
K. The contractor further agrees that the price submitted within the bid is for the purpose of
obtaining a gross sum, and for use in computing the value of extras and deductions. If
there is a discrepancy between the gross sum bid and that resulting from the summations
of the quantities multiplied by the unit price, the latter shall apply.
L. The contractor further agrees that if the Village decides to extend or shorten the work, or
otherwise alter it by extras or deductions, including elimination of one or more of the items,
as provided in the specifications, he will perform the work as altered, increased or
decreased, at the contract unit price.
M. The contractor further agrees that the Village representative may at any time during the
progress of the work covered by this Contract, order other work or materials incidental
thereto and that all such work and materials as do not appear in the bid or contract as a
specific item covered by a lump sum price, and which are not included under the bid price
for other items in the Contract, shall be performed as extra work, and compensation shall
be as set forth in the specifications.
N. The contractor further agrees to execute all documents within this Bid Package, obtain a
Certificate of Insurance for this work and present all of these documents within fifteen (15)
days after the receipt of the Notice of Award and the Contract by him.
O. The contractor further agrees that he and his surety will execute and present within fifteen
15) days after the receipt of the Notice of Award and the Contract, a Contract bond
satisfactory to and in the form prescribed by the Village, in the penal amount of 100% of
the Contract amount, guaranteeing the faithful performance of the work and payment for
labor, material supplies, and subcontractors in accordance with the terms of the Contract.
P. The contractor further agrees to begin work not later than ten (10)days after receipt of the
Notice to Proceed, unless otherwise provided, and to execute the work in such a manner
and with sufficient materials, equipment and labor as will insure its completion within the
time limit specified within the Bid, it being understood and agreed that the completion
within the time limit is an essential part of the contract.
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Q. By submitting a Bid, the contractor understands and agrees that, if his bid is accepted,
and he fails to enter into a contract forthwith, he shall be liable to the Village for any
damages the Village may thereby suffer.
R. No bid will be considered unless the party offering it shall furnish evidence satisfactory to
the Village that he has necessary facilities, ability and pecuniary resources to fulfill the
conditions of the Contract.
S. If the contractor is in doubt as to the true meaning of any part of the plans, specifications
or other proposed contract documents, he may submit to the Building Official a written
request for an interpretation thereof. The person submitting the request will be
responsible for its prompt delivery. Any interpretation of the documents will be made only
by addendum duly issued by the Village. The Village will not be responsible for any other
explanation or interpretation of the Bid Package.
5. SUBSTITUTIONS:
A. Certain materials and equipment are specified by a manufacturer or trade name to
establish standards of quality and performance and not for the purpose of limiting
competition. Bidders are invited to submit bids not only on named items but also on items
which they propose for substitution of named items. Products of other manufacturers may
be substituted, if, in the opinion of the Village, they are equal to those specified in quality,
performance, design and suitability for intended use. Where two or more items are
specified, the selection among those specified is the bidder's option, or he may submit his
bid on all such items.
B. Bids shall be based on materials included in the specifications. Substitutions for the
purpose of evaluating bids will be considered only if proposed substitutions are set forth
in the sealed bid and will only be accepted prior to the award of the contract. The offer of
substitutions shall be an integral part of the bid, appearing immediately after all requested
bids and before the signature of the bidder.
C. Substitutions of materials other than those specified will not be considered in the base bid
price. However, other substitutions may be listed in the specified place in the Bid Form,
with the indication of the change in the base bid price for the total cost.
D. In addition to the requirements heretofore mentioned, in order for substitutions to qualify
for consideration, the following shall accompany each bid:
1. Each proposed substitution shall be itemized showing manufacturer name,
catalog number, quantity, unit cost and total cost. The bidder shall prepare
the necessary forms to list his substitutions in the manner outlined.
2. Each bid offering substitutions shall be accompanied by descriptive
literature, catalog data, complete technical specifications and reports
of all pertinent tests concerning the bidder's proposed substitutions
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6. BASIS OF AWARD:
The Village of Oak Brook reserves the right to reject any or all bids and to waive any informality
or technical error and to accept any bid deemed most favorable to the interests of the Village of
Oak Brook. In addition to price, the Village will consider:
A. Ability, capacity and skill to fulfill the contract as specified.
B. Ability to supply the commodities, provide the services or complete the construction
promptly, or within the time specified, without delay or interference.
C. Character, integrity, reputation, judgment, experience and efficiency.
D. Quality of performance on previous contracts.
E. Previous and existing compliance with laws and ordinances relating to the contract.
F. Sufficiency of financial resources.
G. Quality, availability and adaptability of the commodities, services or construction, in
relation to the Village's requirements.
H. Ability to provide future maintenance and service under the contract.
I. Number and scope of conditions attached to the bid/proposal.
J.Record of payments for taxes, licenses or other monies due the Village
7. CONDITIONS:
The Village is exempt from Federal excise tax (#36-600-9534) and the Illinois Retailer's
Occupation Tax(#E99974381). This bid cannot include any amounts of money for these taxes.
8. WARRANTY:
Included in Section D, Specifications.
9. PAYMENT:
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.
10. INDEMNIFICATION:
Page 4
The Contractor shall protect, indemnify, save, defend and hold forever harmless the Village
and/or its officers, officials, employees, volunteers and agents from and against all liabilities,
obligations, claims, damages, penalties, causes of action, costs and expenses, including without
limitation court costs, insurance deductibles and attorney's fees and expenses, which the Village
and/or its officers, officials, employees, volunteers and agents may incur, suffer or sustain, or
for which the Village and/or its officers, employees and agents may become obligated by reason
for any accident, injury to or death of persons or loss of or damage to property, or civil and/or
constitutional infringement of rights (specifically including violations of the Federal Civil Right
Statutes), arising indirectly or directly in connection with or under, or as a result of, this or any
Agreement by virtue of any act or omission of any of the Contractor's officers, employees,
subcontractors, and/or agents, provided that the Contractor shall not be liable for claims,
obligations, damages, penalties, causes of action, costs and expenses arising solely by any act
or omission of the Village's officers, officials, employees, volunteers and/or agents.
The contractor shall hold the Village harmless for any and all claims for labor, material,
apparatus, equipment, fixtures or machinery furnished to the contractor for the purpose of
performing the work under the contract; and the payment of all direct and indirect damages to
any person, firm, company or corporation suffered or sustained on account of the performance
of such work during the time the contract is in force.
11. INSURANCE:
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 $5,000, the required limit shall be $500,000;
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.
Page 5
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 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.
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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.
12. SAFETY:
The contractor and any subcontractors shall comply with all the provisions of the Federal
Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended.
13. EQUAL OPPORTUNITY:
The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, ancestry, national origin, place of birth, age or handicap
unrelated to bona fide occupational qualifications.
14. PREVAILING RATE OF WAGES:
All wages paid by the Contractor and each subcontractor shall be in compliance with The
Prevailing Wage Act (820 ILCS 130), as amended, except where a prevailing wage violates
a federal law, order, or ruling, the rate conforming to the federal law, order, or ruling shall
govern. The Contractor shall be responsible to notify each subcontractor of the wage rates
set forth in this contract and any revisions thereto. If the Department of Labor revises the
wage rates, the revised rate as provided by the public body shall apply to this contract and
the Contractor will not be allowed additional compensation on account of said revisions.
Contractor will comply with the Illinois prevailing wage law, as amended from time to time. Not
less than the prevailing rate of wages as found by Village of Oak Brook or the Illinois
Department of Labor shall be paid to all laborers, workers and mechanics performing work
under the Contract. If the Department of Labor revises the prevailing rate of wages to be paid
laborers, workers or mechanics under the Contract, Village of Oak Brook will notify Contractor
and each Subcontractor of the change in the prevailing rate of wages; provided, however,
regardless of whether Village of Oak Brook gives such notice, the revised prevailing rate of
wages shall apply to the Contract and Contractor shall have the sole responsibility and duty to
pay, and ensure that all Subcontractors pay, the revised prevailing rate of wages to each
person to whom a revised rate is applicable. Revision of the prevailing wages shall not result
in an increase in the Contract sum or other cost to Village of Oak Brook. Contractor shall
indemnify, defend and hold Village of Oak Brook harmless from any loss, including but not
limited to Village of Oak Brook's attorney's fees, resulting from Contractor's failure to comply
with this prevailing wage clause. All bonds applicable to the Contract shall include a provision
as will guarantee the faithful performance of the obligation to pay the prevailing rate of wages.
The Contractor and each subcontractor shall make and keep, for a period of not less than 3
years, records of all laborers, mechanics, and other workers employed by them on the
project; the records shall include each worker's name, address, telephone number when
available, social security number, classification or classifications, the hourly wages paid in
each period, the number of hours worked each day, and the starting and ending times of
work each day. The Contractor and each subcontractor shall submit monthly, in person, by
mail, or electronically a certified payroll to the public body in charge of the project. The
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certified payroll shall consist of a complete copy of the records. The certified payroll shall be
accompanied by a statement signed by the contractor or subcontractor which states that:
i) such records are true and accurate;
ii) the hourly rate paid to each worker is not less than the general prevailing rate of
hourly wages required; and
iii) the contractor or subcontractor is aware that filing a certified payroll that he or she
knows to be false is a Class B misdemeanor.
Upon 2 business days' notice, the contractor and each subcontractor shall make available
for inspection the records to the public body in charge of the project, its officers and agents,
and to the Director of Labor and his deputies and agents at all reasonable hours at a location
within this State. The Contractor and each subcontractor shall permit his/her employees to
be interviewed on the job, during working hours, by compliance investigators of the
Department or the Department of Labor.
15. COPIES OF DOCUMENTS
The number of copies of Contract and Bond required to be executed is as follows:
a)Two (2) original counterparts of the Contract documents will be required
to be executed.
16. EXECUTION OF DOCUMENTS
The Contractor, in signing his Bid on the whole or on any portion of the work, shall conform to
the following requirements:
A Bid signed by an individual other than the individual represented in the Bid documents shall
have attached thereto a power of attorney evidencing authority to sign the Bid in the name of
the person for whom it is signed.
A bid signed for a partnership shall be signed by all of the partners or by an attorney-in-fact. If
signed by an attorney-in-fact, there shall be attached to the Bid a power of attorney evidencing
authority to sign the bid, executed by the partners.
A bid signed for a corporation, shall have the correct corporate name thereof and the signature
of the President or other authorized officer of the corporation manually written below the
corporate name.
If such Bid is manually signed by an official other than the President of the Corporation, a
certified copy of a resolution of the board of directors evidencing the authority of such official
to sign the Bid should be attached to it. Such Bid shall also bear the attesting signature of the
Secretary of the corporation and the impression of the corporate seal.
The Contract shall be deemed as have been awarded when formal notice of award shall have
been duly served upon the intended awardee.
17. NON-DISCRIMINATING:
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The Vendor, its employees and subcontractors, agrees not to commit unlawful discrimination
and agrees to comply with applicable provisions of the Illinois Human Rights Act, the U.S. Civil
Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each.
18. INDEPENDENT CONTRACTOR:
There is no employee/employer relationship between the CONTRACTOR and the VILLAGE.
CONTRACTOR is an independent contractor and not the VILLAGE'S employee for all
purposes, including, but not limited to, the application of the Fair Labors Standards Act
minimum wage and overtime payments, Federal Insurance Contribution Act, the Social
Security Act, the Federal Unemployment Tax Act, the Worker's Compensation Act (820
ILCS 305/1, et seq.). The VILLAGE will not (i) provide any form of insurance coverage,
including but not limited to health, worker's compensation, professional liability insurance,
or other employee benefits, or(ii) deduct any taxes or related items from the monies paid to
CONTRACTOR. The performance of the services described herein shall not be construed
as creating any joint employment relationship between the CONTRACTOR and the
VILLAGE, and the VILLAGE is not and will not be liable for any obligations incurred by the
CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime
premiums, nor does there exist an agency relationship or partnership between the VILLAGE
and the CONTRACTOR.
19. ASSIGNMENT
Neither the VILLAGE nor the CONTRACTOR shall assign or transfer any rights or
obligations under this Agreement without the prior written consent of the other party, which
consent shall not be unreasonably withheld.
20. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Illinois as to interpretation,
performance and enforcement. The forum for resolving any disputes concerning the parties'
respective performance or failure to perform under this Agreement shall be the Circuit Court
for the Eighteenth Judicial Circuit, DuPage County, Illinois.
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Section D Specifications
2800 Meyers Road, Building Demolition and Site Clearance
PART 1 - GENERAL
1.1 SUMMARY OF THE WORK
1.1.1 CONTRACT DOCUMENTS AND RELATED REQUIREMENTS
Drawings, general provisions of the contract, including general and supplementary
conditions and other Division 01 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 Village of Oak Brook 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 Village of Oak Brook
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:
a. The court-ordered removal and disposal of the building located at 2800 Meyers
Road, Oak Brook, Illinois along with the grading and seeding of the site.
b. The court-ordered removal of all materials and vehicles on the premises located
at 2800 Meyers Road, Oak Brook, Illinois.
c. Removal of the existing damaged and deteriorated driveway, with restoration,
including grading and seeding of the site.
1.1.3 RELATED WORK
A. Section not used.
1.1.4 TASKS
The work tasks for the demolition of 2800 Meyers Road, Oak Brook, Illinois are
summarized briefly as follows:
A. Comply with all environmental requirements as applicable.
B. Remove existing utility service lines in accordance with the Village code and the
requirements of the individual utilities. If the individual utility requires that the removal
of its service line must be done by the utilities personnel, the Contractor shall
coordinate the removal work with the utility.
C. Remove and dispose of the buildings (including the primary structure and all
sheds/outbuildings) and contents of 2800 Meyers Road, Oak Brook, Illinois including
the foundation(s).
Page 1
D. Remove of the existing damaged and deteriorated driveway, with restoration,
including grading and seeding of the site.
E. Weeds and Grass: Weeds and grass shall conform to international property
maintenance code section 302.4 as adopted and amended within this title.
F. Grade the site as shown on the plans. Provide additional clean fill if required.
G. Provide 4 inches of top soil for the disturbed portion of the site and seed in accordance
with the specifications.
1.1.5 CONTRACTOR USE OF PREMISES
A. The Contractor and Contractor's personnel shall cooperate fully with the Village of Oak
Brook's representative/consultant to facilitate efficient use of buildings and areas within
building. The Contractor shall perform the work in accordance with the Village of Oak
Brook's specifications, drawings, phasing plan and in compliance with any/all applicable
Federal, State and Local regulations and requirements.
B. The Contractor shall minimize the disruption of access to the adjacent office buildings
with trucks and equipment needed for completion of this project.
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.
C. Asbestos removal and disposal shall be in accordance with the latest NESHAP and IEPA
regulations for building demolition.
1.2.2 PERMITS/LICENSES
A. The Contractor shall obtain and pay for all required permits and licenses to perform the
work as required by Federal, State, and Local regulations. Village of Oak Brook permits
shall be required.
B. The Contractor shall notify NESHAP at least 10 working days prior to the start of
demolition.
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.
1.3 VILLAGE OF OAK BROOK'S RESPONSIBILITIES
Prior to commencement of work:
A. The Village of Oak Brook shall provide the Contractor with Village of Oak Brook permit
application forms and addresses of adjacent properties for owner notification.
Page 2
1.4 PRE-CONSTRUCTION MEETING
Prior to commencing the work, the Contractor shall meet with the Village of Oak Brook's
representative to present and review, as appropriate, the project schedule, safety
requirements submittals and access to the work area.
1.5 PROJECT COORDINATION
The Contractor shall coordinate with the Village of Oak Brook's representative, utility
representatives and Federal, State and Local regulators regarding the project schedule,
safety requirements and submittals.
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 Village of Oak Brook'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 Village
of Oak Brook's building by placing materials/equipment in any unauthorized location.
D. The Village of Oak Brook'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 Village of Oak Brook 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.
Page 3
PART 3 - EXECUTION
3.1 BUILDING REMOVAL AND DISPOSAL
3.1.1 REMOVAL OF EXISTING HAZARDOUS MATERIALS
There are no known hazardous materials in regulated quantities on this site. Should any
hazardous materials be identified, the Contractor shall comply with all applicable
hazardous material removal/remediation requirements, including- but not limited to-
asbestos and lead. The Contractor is solely responsible for determining, verifying, and
complying with all applicable requirements.
3.1.2 REMOVAL OF EXISTING UTILITY SERVICE LINES
A. All existing utility service lines including water, sewer, electric, natural gas, telephone
and storm sewer shall be removed in accordance with the individual utility's
requirements and in accordance with all Federal, State and Local requirements.
Disposal of all materials shall be in accordance with all governmental agency
requirements. The Contractor shall be responsible for the notification to each of the
utilities regarding the disconnection and removal of the service line.
3.1.3 REMOVAL AND DISPOSAL OF THE BUILDING MATERIAL AND OTHER ITEMS
A. The Contractor shall remove and properly dispose of all foundation, building material,
and building contents material and other debris. During the demolition and disposal
process, water shall be constantly sprayed on the building to reduce the dust from the
process. Water shall be obtained from the nearest hydrant or by water truck. Water trucks
may be filled at the Village of Oak Brook Public Works hydrant, 3003 Jorie Boulevard.
There shall be no charge for this water by the Village but the approximate quantity used
shall be provided to the Village.
B. Abandoned motor vehicles shall be removed from site and disposed of in a legal
manner.
3.1.4 ADJUSTMENT OF STORM SEWER STRUCTURES
No storm sewer structures are anticipated to require adjustment in the performance of
this project. Should any adjustment be required, the Village of Oak Brook shall provide
specifications for additional work- to be bid as an alternate. The Contractor is to
immediately notify the Village of Oak Brook for authorization. Implementation of this
alternate must have prior written approval from the Village of Oak Brook.
3.1.5 SITE GRADING
After the demolition and removal of the building, the site shall be graded to slope as shown
on the plans. The Contractor shall provide any additional fill necessary beyond the
material that is available on the site. The cost for this additional fill shall be paid for at the
unit price for additional fill.
3.7.3 SITE RESTORATION
After the rough grading is complete, the disturbed area shall receive a 4-inch layer of
top soil to meet the final grade elevations. The site shall be seeded with the Prairie
Moon Nursery Wet Prairie mix. This seed mix contains a variety of native grasses, forbs
Page 4
and wild flowers that adapt to both wet and dry conditions. The seed mix is shown in
Appendix B.
3.7.3 WORK HOURS
All work shall be done during the work hours detailed in Appendix D. Any change in the
work schedule must have prior written approval from the Village of Oak Brook.
3.7.4 WARRANTY
All material and workmanship shall be warranted against defects in material and labor for
1 year after acceptance of the project by the Village of Oak Brook
Page 5
Section E General Conditions
1 . Contractor shall have five (5) years of experience which is comparable in type and scope to
this project.
2. All work shall be done during the work hours detailed in Appendix D. Any change in the work
schedule must have prior written approval from the Village of Oak Brook.
3. The project will be done on consecutive work days until completed, delays only to inclement
weather or act of God.
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 shall post a Village of Oak Brook supplied sign- in a prominent and readily
visible location- that provides 24-hour contact information.
7. 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.
8. 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.
9. 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.
10.Before work is started, deliver to the job site sufficient material to complete the project.
11.If a dumpster is required, the location of the dumpster placement shall be mutually agreed
upon between the Village and the contractor.
12.All ladders and scaffolding shall be maintained during the course of this project and shall be
secured at the end of each workday.
13.Provide barricades to ensure that falling debris will not injure anyone, and to prevent public
access to the work area at all times. Yellow "CAUTION" tape will be placed below the
immediate work areas of laborers and scaffolds to warn the public of men working overhead.
14.At all times the work and storage areas shall be kept in a clean, orderly, and a picked up
manner, to prevent debris from blowing. Clean adjoining streets and immediate vicinity at the
end of each work day. Sidewalks, windowsills, roofs and other work areas will be broom
swept to remove all debris. Daily material and debris not placed into dumpster will be
removed from the site.
Page 6
15.Upon completion of the project the work area shall be cleaned. All debris and remaining
material and supplies shall be removed from the jobsite, including the dumpster within 72
hours of completion.
16.Upon completion the Contractor shall supply a one year warranty covering material and
workmanship; contractor shall submit sample warranty with bid.
Page 7
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Section F Statement of Contractor's Qualifications
All questions must be answered and the data given must be clear and comprehensive. This
statement must be notarized. if necessary, questions may be answered on separate
attached sheets. The Contractor may submit any additional information he or she desires.
1. Name of Contractor: Simplee Removal & Trucking Inc. j
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2. Permanent main office address: 1603 St Charles Rd Maywood IL 60153
3. When organized:October 2011
4. If a corporation, where incorporated: Illinois
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5. How many years have you been engaged in the contracting business under your
present firm or trade name: 7
6. Contracts on hand: (Schedule these, showing amount of each contract and the
appropriate anticipated dates of completion)
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7. General character of work performed by your company: irk is Performedin a
substantial workmanlike performance to the clients satisfaction. I
8. Have you ever defaulted on a contract: No
9. List, on an attached sheet, the more important projects recently completed by your
company, stating the approximate cost for each, and the month and year completed.
Include a contact person and phone #for each.
10. List your major equipment,available for this contract-. CAT Excavator 320, Peterbil
Tractor and Dump Trai er
11. eri nce in work similar inimpo t nce to this ro ec
1Nrec Cing and hauling residential and commercial buildings for over fifteen years
12. Background and experience of the principal members of your organization, including
the officers. Union qualified workers in wrecking and excavation field.
13. Credit available: 1
Quo
14. Bank reference: Bank Qf America
Page 1
15. Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the Village of Oak Brook: yes
16. The undersigned hereby authorizes and requests any person, firm, or corporation to
furnish any information requested by the Village of Oak Brook in verification of the
recitals comprising this Statement of Contractor's Qualifications.
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DATED at MfAkiS 00C)d , Illinois this &
k VAday of— ' 2019.
E
Title
STATE OF ILLINOIS
SS.
COUNTY OF
f
ba being duly sworn deposes and says that he is the
of l,.P/ce, 1- 4,and that the answers to the foregoing
questions and all statements therein contained are true and correct.
SUBSCRIBED and sworn to before me this j day of y)Pa- 2019.
Notary Public
OFFICIAL SEAL
C Hamlin
Notary Public State of Illinois
My Commission Exp.Sept. 19,2021
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Section G References
Bidder shall supply the following information listing at least five customers for which the
bidder has supplied a similar type of commodities, service, or construction.
1. Company Name: Real toration
Address: 1322 W. Walton CHICAGO IL 60642
Phone #: 847-502-5496
Contact: Mike Kellikidis
2. Company Name: MPI Contracting. Inc.
Address: 2918 S. Wentworth Ave. Chicago, IL 60616
Phone #: 312.949.9962
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Contact: Dan Mark
3. Company Name:MBR Wrecking Inc.
Address: 4107 S. Oakton St. Skokie IL
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Phone #: 888.585.DEMO
Contact: Joel Reifer
4. Company Name: City of Chicago D.O. B. I
2045 W. Washington blvd Chicago, IL 60612Address: g g °
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Phone#: 312-743-3556
Contact: Jorge Herrera
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5. Company Name:
Address:
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Phone #:
Contact:
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Paqe 1
Simplee Removal Projects
Address Price Date Contact
734 N. Milwaukee $228,000 07/2018 Kevin 224-478-4224
217 E. 13411 St. 17,500 05/2019 Rafiq Yasin 708-612-9296
4111 Joliet Ave. 18,000 08/2017 Mike 847-502-5496
City of Chicago Contract Demolish Residential & Commercial building Jorge Herrera
312-743-3556
Section H Bid Certification
The undersigned, being first duly sworn an oath, deposes and states that he has the
authority to make this certification on behalf of the bidder for the construction, product,
commodity, or service briefly described as follows:
2800 Meyers Road Building Demolition and Site Clearance"
A) The undersigned certifies that, pursuant to Chapter 720, Section 5/33E of the Illinois i
Compiled Statutes, 1993, the bidder is not barred from bidding on this contract as a
result of a conviction for the violation of State of Illinois laws prohibiting bid-rigging or
bid-rotating.
B) The undersigned states under oath that, pursuant to Chapter 65, Section 5/11-42.1- I
1 of the Illinois Compiled Statutes, 1993, the bidder is not delinquent in the payment
of any tax administered by the Illinois Department of Revenue.
C) The undersigned certifies that, pursuant to Chapter 775, Section 5/2-105. of the
Illinois Compiled Statutes, 1993, the bidder has a written sexual harassment policy ,
in place including the following information:
1. An acknowledgment of the illegality of sexual harassment.
2. The definition of sexual harassment under State law.
3. A description of sexual harassment, utilizing examples.
4. The contractor's internal complaint process including penalties.
5. The legal recourse, investigative and complaint process available
through the Illinois Department of Human Rights and the Human
Rights Commission.
6. Directions on how to contact the Department or the Commission_
This b iness firm is: (check one)
Corporation Partnership Individual
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Firm Name: Simplee Removal & Trucking Inc.
Address: 1603 St Charles Ctrl
City, State, ZIP: Maywood, 60153
Signature:
Name Printed: Sh
Title: President
Telephone: 708-714-6808 Date: 09/09/2019
Page 1
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OFFICIAL SEAL
C Hamlin
Notary Public State of Illinois
My Commission Exp.Sept. 19,2021
ATTES
SEAL-
SUBSCRIBED A SWORN TO
before me this day
of
Notary Public
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Section I Contract
2800 Meyers Building Demolition and Site Clearance
1. THIS AGREEMENT, made and concluded this +
1-
day of D1, 2019, between
the Village of Oak Brook, a municipal corporation acting b an ough its President
and Board of Trustees, known as VILLAGE, and I C'C ncj &d7-1Xj1
his executors, administrators, successors or assigns, known as CONTRACTOR. C
2. WITNESSETH: That for and in consideration of the payments and agreements
mentioned in the Bid hereto attached, to be made and performed by the VILLAGE, and
according to the terms expressed in the Bond (if applicable) referring to these presents,
the CONTRACTOR agrees, at their own proper cost and expense, to do all work, furnish
all materials and all labor necessary to complete the work in accordance with the plans
and specifications hereinafter described, and in full compliance with all of the terms of
this Contract.
3. And it is also understood and agreed that the entire Bid Package hereto attached,
approved by the VILLAGE this day ofL44t-bSC, 2019, are all essential
documents of this contract and are a part hereof.
4. IN WITNESS WHEREOF, the said parties have executed these presents on the above
mentioned date.
ATTEST: VILLAGE OF OAK BROOK
ct);,
By'
Village Clerk Village Manager
ATTEST:
oaj G'j I
C rporate Name
r,
rClett!--By
Secretary Contractor
Paqe 1
Partners doing Business under If a Co-Partnership)
the firm name of
Party of the Second Part If an Individual)
Party of the Second Part
Paqe 2
SEXUAL HARASSMENT CERTIFICATE
t l('Ut % . ILX.hereinafter referred to as "Contractor"
having 0ornitted a bid/proposal for`d to the Village of Oak
Brook, DuPage/Cook Counties, Illinois, hereby c rtifies that said Contractor has a written
sexual harassment policy in place in full compliance with 775 ILCS 5/2-105(A)(4) including the
following information:
1. An acknowledgment of the illegality of sexual harassment.
2. The definition of sexual harassment under State law.
3. A description of sexual harassment, utilizing examples.
4. The contractor's internal complaint process including penalties.
5. The legal recourse, investigative and complaint process available through the Illinois
Department of Human Rights and the Human Rights Commission.
6. Directions on how to contact the Department or the Commission.
7. An acknowledgment of protection of a complaint against retaliation as provided in
Section 6-101 of the Human Rights Act.
Each contractor must provide a copy of such written policy to the Illinois Department of Human
Rights upon request.
By:
Authorized Agent of Contractor
Subscribed and sworn to
before me thisday
ofof ;rw k t; v, , 20- .
Notary Public
OFFICIAL SEAL
C Hamlin
Notary Public State of Illinois
My Commission Exp.Sept. 19, 2021
Page 3
CONTRACTOR'S CERTIFICATIONS
CONTRACT EXECUTION)
l 0 4, lfi,o,Jhaving executed a contract for(?t,EbC)p 'MWS U b"ith the
VILLAGE, hereby'certifies that said contractor is not barred from exec ting said contract as a
result of a violation of either Section 5/33E-3 or 5/33E-4 of Chapter 720 of the Illinois Compiled
Statutes.
DRUG-FREE WORKPLACE)
Contractor deposes, states and certifies it will provide a drug free workplace by complying with
Section 3 of the Illinois Drug Free Workplace Act, being 30 ILCS 580/3.
Attest/Witness: Contractor
By: Capri Hamlin By: Shantelle Lee
Name of Contractor's Executing
Officer
Title: Chief Admin Officer Title: President
Title of Contractor's Executing
Officer
Subscribed and Sworn to
before me this 11th day
of November 2019 .
My Commission Expires: 09-19-21
Notary Public
SEAL-
PubHc Illinois
t. 19,2021
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PREVAILING WAGE AFFIDAVIT
name of signatory), on oath hereby state and
certify that Z. name of Contractor), pursuant to a Contract
datedc 2019, with the Village of Oak Brook for
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bm— Project, has complied and will comply with all laws, including those relating to the
employment of labor, the payment of the current general prevailing rate of hourly wages for
each craft or type of worker or mechanic needed to execute the Contract or perform such
work, and also the current general prevailing rate for legal holiday and overtime work, as
ascertained by the Illinois Department of Labor for DuPage County, Illinois, and those
prevailing rates are paid and shall be paid for each craft or type of worker or mechanic
needed to execute the aforesaid Contract or to perform such work.
E 1-iname of Contractor) has also complied and will comply
i I V,
with` all record keeping requirements established in the Prevailing Wage Act (820 ILCS
130/0.01, et seq.
CONTRACTOR:
By:Simplee Removal & Trucking Inc./Shantelle Lee
Title: President
SUBSCRIBED AND SWORN TO BEFORE
ME-PbfS 11th DAY OF November 2019
PublicState
k_
c
LNOTARYPUBLIC
f Illlnolst 19, 2021
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CERTIFICATION OF PAYROLL RECORDS
I, Shantelle Lee name of person executing this certificate), do hereby certify
17
that I am the duly qualified and acting President title) for
name of contractor l and, as such, am authorized to certifyv
pa roll records as true-And accurate for such company in accordance with the requirements
of Section 5 of the Prevailing Wage Act (820 ILCS 130/5) (the "Act").
I do hereby further certify that the following document is a true and accurate copy of
the records of all laborers, mechanics, and other workers employed by Simplee Removal &
Trucking Inc. (name of contractor) on the 2800 Meyers Rd Demo Site Clearance Project
the"Project")for the Village of Oak Brook(the"Village"), including each such worker's name,
address, telephone number, social security number, classification or classifications; and the
hourly wages paid in each pay period, hours worked each day, and the starting and ending
times of work each day for each such worker on such Project.
I do hereby further certify that the hourly rate paid to each worker is not less than the
general prevailing rate of hourly wages required by the Act, and that Simplee Removal &
Trucking Inc. name of contractor), and I on behalf of such contractor, are fully
aware that filing a certified payroll that we know to be false is a Class B misdemeanor. I
further certify that upon two (2) business days' notice, if requested, we and any subcontractor
hired by us shall make available for inspection the records required in the Act to the District,
its officers and agents, and to the Director of Labor, his deputies and agents, at reasonable
hours at a location within the State of Illinois.
Date: November 11 th 2019
Simplee Removal & Trucking Inc.
Name of Cntractor)
Signature)
Shantelle Lee
Printed Name)
President
Title)
Subscribed and sworn to before me OFFICIAL SEAL
this 11th day of November 2019. C Hamlin
Notary Public State of Illinois
My Commission Exp.Sept. 19, 2021NotaryPublic
Page 6
N
PERFORMANCE BOND
BOND NUMBER: ASUR 002459
CONTRACTOR: SURETY:
Name, legal status and address) Name, legal status and principal place of business)
SIMPLEE REMOVAL&TRUCKING INC AXIS Insurance Company
1603 ST CHARLES RD 303 West Madison Street,Suite 500
MAYWOOD, IL 60153 Chicago, Illinois,60606
OWNER:
Name, legal status and address)
VILLAGE OF OAKBROOK
1200 OAK BROOK RD
OAK BROOK, IL 60523
CONSTRUCTION CONTRACT
Date:
Amount:$ 26,500.00
Description: WRECK&REMOVE A 1 STORY FRAME RESIDENTIAL BUILDING
Project name and location)
2800 Meyers Road Demolition and Site Clearance-Oakbrook,IL
BOND
Date:NOVEMBER 8,2019
Not earlier than Construction Contract Date)
Amount:$ 26,500.00
Modifications to this Bond: I^ I None See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company:Corporate Seal) Company: Corporate Seal)
SIMPLEE REMOVAL&TRUCKING INC AXIS Insurance Compa y
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Signature: Signature:
Name and Title:56 Lu_ Name and Title: MICR EL .FRIEDRICH
0 ( ATTO E -IN-FACT
Any additional signatures appear on the last page of this Performance Bond.)
FDR INFORMATION ONLY—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
BISA INC Architect, Engineer or other party:)
13841 SOUTHWEST HWY
ORLAND PARK, IL 60462
The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition.
1
1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and
assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference.
2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this
Bond,except when applicable to participate in a conference as provided in Section 3.
3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after
1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a
Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the
Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a
conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a
conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees
otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the
Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall
be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the
Owner's right,if any,subsequently to declare a Contractor Default;
2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and
3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to
comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent
the Surety demonstrates actual prejudice.
5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one
of the following actions:
5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors;
5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance
and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a
contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages
as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor
Default;or
5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable
after the amount is determined, make payment to the Owner;or
2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in
default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that
the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the
Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied
liability, in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner.
7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be
greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety
shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to
pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
1 the responsibilities of the Contractor for correction of defective work and completion of the Construction
Contract;
The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition.
2
2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from
the actions or failure to act of the Surety under Section 5;and
3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages
caused by delayed performance or non-performance of the Contractor.
8 if the Surety elects to act under Section 5.1, 5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated
obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors,
administrators,successors and assigns.
10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the
location in which the work or part of the work is located and shall be instituted within two years after a declaration of
Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or
fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on
which their signature appears.
13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be
deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed
incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a
common law bond.
14 Definitions
14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to
be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced
by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.
14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all
Contract Documents and changes made to the agreement and the Contract Documents.
14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to
comply with a material term of the Construction Contract.
14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the Construction
Contract.
14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall
be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition.
3
16 Modifications to this bond are as follows:
Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: Corporate Seal) Company: Corporate Seal)
AXIS Insurance Company
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
00,11.
Apo,'
The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition.
4
A-A
PAYMENT BOND
BOND NUMBER: ASUR 002459
CONTRACTOR: SURETY:
Name, legal status and address) Name, legal status and principal place of business)
SIMPLEE REMOVAL&TRUCKING INC Axis Insurance Company
1603 ST CHARLES RD 303 West Madison Street
MAYWOOD, IL 60153 Chicago, Illinois 60606
OWNER:
Name, legal status and address)
VILLAGE OF OAKBROOK
1200 OAK BROOK RD
OAK BROOK,IL 60523
CONSTRUCTION CONTRACT
Date:
Amount:$ 26,500.00
Description:WRECK&REMOVE A 1 STORY FRAME RESIDENTIAL BUILDING
Project name and location)
2800 Meyers Road Demolition and Site Clearance-Oakbrook,IL
40..
BOND ASUR 002459
Date:NOVEMBER 8,2019
Not earlier than Construction Contract Date)
Amount: $ 26,500.00
Modifications to this Bond: L^_. None 0 See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: Corporate Seal) Company: Corpor eal)
SIMPLEE REMOVAL&TRUCKING INC AXIS Insuran ompany
Signature: Signature:
Name and Title:Name and Title: MICHAEL J.FR DRICH
Any additional sig aFA b or n the last page of this Payment Bond.)ATTORNEY-TN-FACT
FOR INFORMATION ONLY— Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Architect, Engineer or other party:)
The Company executing this bond vouches that this Document conforms to American Institute of Architects Document A312,2010 edition.
1
1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and
assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction
Contract,which is incorporated herein by reference,subject to the following terms.
2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment
furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no
obligation under this Bond.
3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall
arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims,
demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,
materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such
claims,demands,liens or suits to the Contractor and the Surety.
A When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend,
indemnify and hold harmless the Owner against a duly tendered claim,demand, lien or suit.
5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
5.1 Claimants,who do not have a direct contract with the Contractor,
1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, furnished or
supplied or for whom the labor was done or performed, within ninety (90) days after having last performed
labor or last furnished materials or equipment included in the Claim;and
2 have sent a Claim to the Surety(at the address described in Section 13).
5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the
address described in Section 13).
6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a
Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and
at the Surety's expense take the following actions:
7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the
amounts that are undisputed and the basis for challenging any amounts that are disputed;and
7.2 Pay or arrange for payment of any undisputed amounts.
7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a
waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which
the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1
or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to
recover any sums found to be due and owing to the Claimant.
8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees
provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the
Surety.
9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the
Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing
and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the
Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the
Owner's priority to use the funds for the completion of the work.
The Company executing this bond vouches that this Document conforms to American Institute of Architects Document A312,2010 edition.
2
10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to
the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this
Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise
have any obligations to Claimants under this Bond.
11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in
the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year
from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last
labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the
Construction Contract, whichever of (1) or (2) first occurs. if the provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the
page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient
compliance as of the date received.
14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be
deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed
incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a
common law bond.
15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner
shall promptly furnish a copy of this Bond or shall permit a copy to be made.
16 Definitions
16.1 Claim.A written statement by the Claimant including at a minimum:
1 The name of the Claimant;
2 The name of the person for whom the labor was done, or materials or equipment furnished;
3 A copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for
use in the performance of the Construction Contract;
4 A brief description of the labor, materials or equipment furnished;
5 The date on which the Claimant last performed labor or last furnished materials or equipment for use in the
performance of the Construction Contract;
6 The total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the
Claim;
7 The total amount of previous payments received by the Claimant;and
8 The total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of
the Claim.
16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor
to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also
includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute
against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in
the terms "labor, materials or equipment" that part of water, gas, power, light, heat,oil,gasoline,telephone service or rental
equipment used in the Construction Contract, architectural and engineering services required for performance of the work of
the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the
jurisdiction where the labor, materials or equipment were furnished.
16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all
Contract Documents and all changes made to the agreement and the Contract Documents.
The Company executing this bond vouches that this Document conforms to American Institute of Architects Document A312,2010 edition.
3
16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the Construction
Contract.
4"' § 16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall
be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
18 Modifications to this bond are as follows:
Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: Corporate Seal) Company: Corporate Seal)
AXIS Insurance Company
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
The Company executing this bond vouches that this Document conforms to American Institute of Architects Document A312,2010 edition.
4
Bond Verification
Should you wish to verify the authenticity of this bond, please send your request,
including a copy of the bond, via email to: rich. zarandona@axiscapital . com
OR
Contact:
Richard Zarandona
Executive Vice President- DCE&S
AXIS Insurance
300 Connell Dr., Suite 8000
PO Box 357
Berkeley Heights, NJ 07922
Office: (908) 508-4324
Bond Claims or Notices
Should you wish to file any notices to the Surety for the attached AXIS Insurance
Company bond(s) they should be sent to:
AXIS Insurance Company
300 Connell Dr., Suite 8000
PO Box 357
Berkeley Heights, NJ 07922
Attn: Surety Claims
POWER OF ATTORNEY AXIN-7529
Know All Men by These Presents: That AXIS Insurance Company,an Illinois property and casualty company,(the"Company")does hereby appoint:
William A.Ballay,Dana M.Kober,Michael J.Friedrich,Maria A.Gonzalez,and Anne M.Barber of Bridgeview,IL
as its true and lawful Attorney(s)-In-Fact,to make,execute,seal and deliver for and on its behalf as surety,bonds and undertakings,such documents to be valid as
though executed by the Company on its own behalf. The Company may revoke this appointment at any time.
EXCEPTION: NO AUTHORITY is granted to make,execute,seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,
check,draft or letter of credit.
This Power of Attorney is signed,sealed and certified under and by the authority of resolutions adopted by unanimous written consent of the Board of Directors of the
Company on July 12,2013:
RESOLVED,that any Vice President,Surety,acting singly,shall have the power and authority to appoint and revoke Attorneys-In-Fact to make,execute,
seal and deliver for and on behalf of the Company,as surety,bonds and undertakings,such documents to be valid as though executed by the Company on its
own behalf,subject to the terms and conditions of the subject Brokerage Agreements.
in Witness Whereof,AXIS Insurance Cogs an as caused this instrument to be signed and its corporate seal to be affixed by a duly elected and qualified officer,this
qday of_January,2019. /
Attested and Certifi
AXIS Insurance C pan
By:Seal]
Printed Name: Andrew M.Weissert
Title: Senior Vice President
STATE OF GEORGIA
COUNTY OF FULTON
Before me personally came Andrew M.Weissert, Senior Vice President of AXIS InsuranceCompany to me known to be the individual and officer described herein,
who acknowledged that they being duly authorized signed,sealed with the corporate seal and delivered the fibr6jgWj ilstrument by the authority and direction of said
Company.
N Dq
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal. oma
S G o r7i jj7``/>CP
P . `` l
NOwo;aim rSL Ic
es
Notary PublicTyy9jPIBE ry
NN
CERTIFICATION
zz®
d
dtt.4vv
1, Richard Zarandona, Vice President,Surety&Assistant Secretary of AXIS Insurance Company,do hereby certify that the attached Power of Attorney dated
Janua[yQ 2019 on behalf of the person(s)as listed above is a true and correct copy and the same has been in full force and effect since'the date thereof and is in full
force and effect on the date of this certificate-,and I do further certify that the said Andrew M.Weissert,who executed the Power of Attorney,was a duly elected
Vice President,Surety of AXIS Insurance Company on the date of the execution of the attached Power of Attorney.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the corporate seal of AXIS Insurance Company on
this the Trday of - V 2019 .
By'Seal]
Printed Name: Richard Zarandona
Title: Vice President.Surety
DocuGard 04541-6 Security Features i I DocuGard 04541-6 Security Features
Prints"VOID°on front when duplicated i •Prints"VOID"on front when duplicated 's
Blue background highlights Blue background highlights
erasure alterations erasure alterations
Watermark on back can be seen when i Watermark on back can be seen when
sheet is held on an angle sheet is held on an angle
Coin-reactive ink on watermark changes Coin-reactive ink on watermark changes
color when scratched with a coin color when scratched with a coin
i
Microtext border contains the Microtext border contains the
DocuGard name and is difficult to copy j DocuGard name and is difficult to copy
Security Features Box lists i •Security Features Box lists
tamper-resistant attributes tamper-resistant attributes
DocuGard 04541-6 Security Features DocuGard 04541-6 Security Features
Prints"VOID"on front when duplicated E Prints NOI Y on front when duplicated
Blue background highlights Blue background highlights
S. erasure alterations I I erasure alterations
I Watermark on back can be seen when 1 1 Watermark on back can be seen when
sheet is held on an angle sheet is held on an angle
Coin-reactive ink on watermark changes Coin-reactive ink on watermark changes
color when scratched with a coin color when scratched with a coin
Microtext border contains the Microtext border contains the
DocuGard name and is difficult to copy DocuGard name and is difficult to copy
Security Features Box lists Security Features Box lists
tamper-resistant attributes i tamper-resistant attributes
Section K Figures
Figure 1 Location Plan
Figure 2 Utility Removal and Adjustment and Grading Plan
Page 10
L plat tc l k r , ;aI
tore by Comcast w
4
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Ct
2800 Meyers Rd
AtO
Paqe 12
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rw. Gaia by cktl aaudpt-
P.I.N.:OE-2&300-006
LEGAL DESCRIPTION
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ALL
NOTES:
rrnE DB9MeED ueEAs MM
SEiD AND ERD—caNma KA—r OAK B R K .9AYn Y4.
1. TREES SMALL NOT BE REMOVED.CONTACT
REBECCA VON DRASEK AT 630.36 IM IF LPG E JC1
ANY TREES MUST BE REMOVED.
2, SITE WASHEAVILVOVERGRMNWITH
PRpJECT BE.Vcw"A",,
BRUSH AND OTHER VEGETATION.SOME DEMOLITION AND
J
GROUND IMPROVEMENTS MAY NOT HAVE EROSION CONTROL PLAN
BEEN VISIBLE&SURVEYED AT THE TIME OF
THE SURVEY. wnOed
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Section L Appendix
Appendix A Seed Mixture
Appendix B Work Hours
Page 11
APPENDIX A
IDOT Class 1 Lawn Mixture
Kentucky Bluegrass 100 lbs. / acre
Perennial Ryegrass 60 lbs. / acre
Creeping Red Fescue 40 lbs. / acre
Total 200 lbs. / acre
Paqe 13
APPENDIX A
Hours of Construction:
No person or entity shall perform construction activities, perform any activity requiring a building permit, or
operate heavy equipment, except as follows:
Location Day of the Week Permitted Time
Residential Zone Districts- Heavy Equipment- Between
Interior or Exterior
Monday-Friday
7:OOam and 6:OOpm
Hand Tools: Hand Tools may be used at Other Tools- Between 7:OOam and
any time within the interior of a fully 8:OOpm
enclosed structure provided that there is Heavy Equipment- Between
no construction related sound heard at the Saturday
9:OOam and 5:OOpm
property line. Other Tools Between 8:OOam and
For the purposes of this section"hand
7:OOpm
tools" shall mean tubing cutters, volt-
ohm meters,manual pipe benders,pliers,
wrenches, screwdrivers, paint brushes, Heavy Equipment-Not Permitted
rollers, torches, brooms, and similar tools Sunday Other Tools- Between 9:OOam and
that are substantially silent in 6:OOpm
operation. "Hand tools" shall not include
hammers or any other item used as a
striking implement.
All other Zone Districts- Heavy Equipment- Between
Exterior* Any 6:OOam and 6:OOpm
Other Tools- Between 6:OOam and
8:00 m
Exception: Any property that shares
a lot line with a Residential Zone Heavy Equipment-
District,within five hundred feet (5001) Any Same as Residential Zone
of the Residential Zone District. Districts
See attached map, below.
All other Zone Districts-
Any Other Tools- Any
Interior Hand Tools-An
Heavy Equipment*For purposes of this section, "heavy equipment" shall mean gasoline or diesel powered air
compressors, gasoline or diesel powered saws, bulldozers,jackhammers, pile drivers, power hammers, graders,
riveters, earthmovers, tree and stump grinders, trenchers, cement mixers, tractors, power hoists or derricks,
demolition balls,power shovels, dump trucks, and power equipment on wheels or traction chains, or other similar
equipment, but shall not include garbage trucks, which are governed by separate agreement within the village.,
non-construction delivery vehicles, trucks operating on designated truck routes, or snow removal equipment.
Residential Zone District ***For the purposes of this section"Residential Zone District" shall include all zone
districts R1, R2, R3, R4 and R5 with the additional inclusion of any contiguous street, right-of-way, or public
owned property.
Other Tools" For the purposes of this section "Other Tools" shall mean any construction tool that is neither
defined herein as "Hand Tools" or "Heavy Equipment". Other tools shall include-but not be limited to: electric
compressors, nailers, hammers, cord-connected electric saws, drills, or similar equipment. It is anticipated that
Other Tools"will create a sound level that can be heard at the property line.
Exceptions:
1. Emergencies: The limitations stated in this section shall not apply in any situation which requires heavy
equipment or other tools in emergencies to assist or avoid a problem related to health or to safety of persons
or property, or to sewer, water,power, utility, or telephone interruptions.
2. Work by Public Agencies: The limitations stated in this section may be waived by the board of trustees by
resolution for work undertaken by any public body or agency for the benefit of the public. The board of
trustees may attach to any such waiver all conditions it deems necessary to protect the public health, safety
or welfare.
3. Waiver: The limitations stated in this section may be waived by the building official in areas of the village
zoned for nonresidential uses pursuant to the village zoning ordinance; provided, however, that no such
waiver shall be granted unless the building official finds that:
a. The party seeking the waiver will suffer a unique or unusual hardship unless the waiver is granted;
and
b. The granting of a waiver will not cause a substantial or undue adverse impact upon adjacent property
or upon the public health, safety and welfare.
c. The village manager may attach to such waiver all conditions he deems necessary to protect the
public health, safety or welfare.
4. Building Permits: Work undertaken pursuant to any permit issued by the village shall be subject to the
provisions of this section.
w Village of Oak Brook
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