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Home My WebLink AboutMerry Lane Water Main Improvements Not For Bid DocumentsBid Opening Date: …………………………….….….………...…….March 14, 2024 Bid Opening Time: …………………………………………….…………...10:00 AM Bid Opening Location: …………………………………..........Butler Government Center Bid Deposit: …………….….………………….5% of the Amount of Bid Performance and Labor and Materials Bonds: .………………...100% of the Amount of Bid Obtain information from: Nicholas Morel, P.E. Christopher B. Burke Engineering, Ltd. 9575 West Higgins Road, Suite 600 Rosemont, Illinois 60018 (847) 823-0500 Submit Bids to: Rania Serences, Purchasing and Budgeting Coordinator Butler Government Center 1200 Oak Brook Road Oak Brook, IL 60523 Note: This cover sheet is an integral part of the contract documents and is, as are all of the following documents, part of any contract executed between the Village of Oak Brook and any successful BIDDER. Do not detach any portion of this document. Invalidation could result. Village of Oak Brook MERRY LANE WATER MAIN IMPROVEMENTS NOT FOR BID VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS BID PACKAGE TABLE OF CONTENTS BIDDING DOCUMENTS 1. Invitation for Bidder’s Proposals 2. General Instructions to Bidders 3. Special Instructions to Bidders 4. Bidder’s Proposal 5. Bidder’s Sworn Acknowledgment 6. Bidder’s Sworn Work History Statement 7. Form of Bid Bond 8. Request for Additional Information 9. Bidder’s Sworn Statement of Responsibility 10. Notice of Award CONTRACT 1. Contract Agreement 2. Contractor’s Certification 3. Schedule of Prices 4. General Conditions of Contract 5. Special Conditions of Contract 6. Contract Drawings 7. Special Provisions 8. Form of Performance Bond 9. Form of Labor and Material Payment Bond 10. Prevailing Wage Ordinance NOT FOR BID -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS INVITATION FOR BIDDER’S PROPOSALS OWNER: ENGINEER: Village of Oak Brook Christopher B. Burke Engineering, Ltd. 1200 Oak Brook Road 9575 W. Higgins Rd., Suite 600 Oak Brook, IL 60523 Rosemont, IL 60018 1. Invitation to Bid Owner invites sealed Bidder’s Proposals for the Work described in detail in the Contract and generally described as follows: Contractor shall install infrastructure to the Village of Oak Brook Water System by constructing a water main along Merry Lane between Forest Trail and the Cul-de-sac. Work under this Contract will generally include, but is not limited: • Horizontal directional drilled water main (8”) • Water service connections • Tapping valves, vaults, frames, lids, and appurtenances • Testing and chlorination of new water main • Abandon existing water main • Storm sewer & structure replacement • Turf, pavement, curb & gutter, etc. replacement • Other work as described within the plans and specifications 2. Defined Terms All terms capitalized in this Invitation for Bidder’s Proposals and in the other Bidding Documents are defined in the Bidding Documents and the Contract and shall have such defined meanings wherever used. The Bid Package consists of the Bidding Documents and the Contract, both as hereinafter defined. 3. The Bidding Documents The Bidding Documents consist of the following documents, all of which are by this reference made a part of this Invitation for Bidder’s Proposals as though fully set forth herein: NOT FOR BID INVITATION -2- (1) Invitation for Bidder’s Proposals; (2) General Instructions to Bidders; (3) Special Instructions to Bidders; (4) Addenda, if issued; (5) Bidder’s Proposal; (6) Bidder’s Sworn Acknowledgment; (7) Bidder’s Sworn Work History Statement; (8) Form of Bid Bond; (9) Request for Additional Information, if any; (10) Bidder’s Sworn Statement of Responsibility, if requested; (11) Other Information Submitted by Bidder, if requested; and (12) Notice of Award. 4. The Contract The Contract consists of the following documents, all of which are by this reference made a part of this Invitation for Bidder’s Proposals as though fully set forth herein: (1) Contract Agreement; (2) Contractor’s Certification; (3) Schedule of Prices; (4) General Conditions of Contract; (5) Special Conditions of Contract; (6) Contract Drawings; (7) Specifications; (8) Form of Performance Bond; (9) Form of Labor and Material Payment Bond; NOT FOR BID INVITATION -3- (10) Prevailing Wage Ordinance, Certified Payroll; and (11) Addenda, if issued. Engineer may, during construction, furnish such additional Contract Drawings and Specifications or such other explanations as Engineer may consider necessary to illustrate or explain the Work in further detail. The successful Bidder shall be required to comply with the requirements of all such additional Contract Drawings and Specifications or other explanations, all of which shall be considered part of the Contract and shall not be considered as indicating additional Work. 5. Inspection and Examination The Bidding Documents and the Contract may be examined at the office of the Engineer, as listed above. The Bidding Documents can be downloaded from QuestCDN via the Christopher B. Burke Engineering Ltd. (CBBEL) website http://cbbel.com/bidding-info/ or at www.questcdn.com under Login using QuestCDN # 9009223 for a non-refundable charge of $50.00. A QuestCDN login will be required. Contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in membership registration and downloading this digital project information. Contractors must purchase bid documents and be shown on the Bidder’s Planholder List in order to bid. Bids received from contractors who are not in the Bidder’s Planholder List will be rejected. Addenda will be issued only to plan holders. Questions should be directed to Nick Morel (847) 823-0500 or nmorel@cbbel.com. Each prospective Bidder shall, before submitting his Bidder’s Proposal, carefully examine the Bidding Documents and the Contract. Each prospective Bidder shall inspect in detail the Work Site and the surrounding area and shall familiarize itself with all local conditions, including subsurface, underground, and other concealed conditions, affecting the Contract, the Work and the Work Site. The Bidder whose Bidder’s Proposal is accepted will be responsible for all errors in its Bidder’s Proposal including those resulting from its failure or neglect to make a thorough examination and investigation of the Bidding Documents, the Contract, and the conditions of the Work Site and the surrounding area. 6. Bid Opening Owner will receive sealed Bidder’s Proposal for the Work until 10:00 o’clock, a.m., local time, March 14, 2024, at Owner’s office listed above (Attn: Rania Serences, Purchasing and Budgeting Coordinator), at which time, or as soon thereafter as possible, all Bidder’s Proposals will be publicly opened and read aloud within the SE Dean Board Room of the Butler Government Center. Bids received after this date and time will be returned to the sender unopened. NOT FOR BID INVITATION -4- 7. Bid Security, Bonds, and Insurance A. Bid Security. Each Bidder’s Proposal shall be accompanied by a security deposit of five (5%) percent of the Bidder’s Price Proposal in the form of (1) a Cashier’s Check or Certified Check drawn on a solvent bank insured by the Federal Deposit Insurance Corporation and payable without condition to Owner or (2) a Bid Bond in the form included in the Bidding Documents from a surety company licensed to do business in the State of Illinois with a general rating of A minus and a financial size category of Class X or better in Best’s Insurance Guide. B. Performance and Payment Bonds. The successful Bidder will be required to furnish a Performance Bond and a Labor and Material Payment Bond upon award of the Contract, each in the penal sum of the full amount of the Contract Price, in the form included in the Contract and from a surety company meeting the requirements set forth above. Each Bidder’s Proposal must be accompanied by a letter from such a surety company stating that it will execute Bonds in the form included in the Contract Documents upon award of the Contract to Bidder. C. Insurance. The successful Bidder will be required to furnish certificates of insurance as required by Section 4.2 of the Contract Agreement, Article IV of the General Conditions of Contract, and Section 4 of the Special Conditions of Contract upon award of the Contract. Each Bidder’s Proposal must be accompanied by a letter from Bidder’s insurance carrier or its agent certifying that said insurer has read the requirements set forth in the Contract and will issue the required certificates and policies of insurance upon award of the Contract to Bidder. DATED this 29th day of February 2024. By: Netasha Scarpiniti Village Clerk NOT FOR BID -i- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS GENERAL INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS Section Page 1. Examination of Bidding Documents, Contract, and Work Site .............................. 1 2. Interpretation of the Bidding Documents and the Contract ................................... 3 3. Calculation of Unit Price Proposals and Compensation ....................................... 3 4. Prevailing Wages .................................................................................................. 4 5. Taxes and Benefits ............................................................................................... 4 6. Permits and Licenses ........................................................................................... 4 7. Preparation of Bidder’s Proposal .......................................................................... 5 8. Signature Requirements ....................................................................................... 6 9. Bid Security .......................................................................................................... 7 10. Surety and Insurance Commitments .................................................................... 8 11. Submission of Bidder’s Proposals ........................................................................ 8 12. Withdrawal of Bidder’s Proposals ......................................................................... 8 13. Public Opening of Bidder’s Proposals .................................................................. 9 14. Qualification of Bidders ......................................................................................... 9 15. Disqualification of Bidders .................................................................................. 10 16. Award of Contract ............................................................................................... 11 17. Notice of Award; Effective Date of Award ........................................................... 11 18. Failure to Sign Contract ...................................................................................... 12 19. Time of Starting and Completion ........................................................................ 13 20. Confidentiality ..................................................................................................... 13 NOT FOR BID -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS GENERAL INSTRUCTIONS TO BIDDERS 1. Examination of Bidding Documents, Contract, and Work Site A. Bidding Documents and the Contract. Each prospective Bidder shall, before submitting its Bidder’s Proposal, carefully examine the Bidding Documents and the Contract as defined in the Invitation for Bidder’s Proposals and included in this Bid Package. The Contract contains provisions applicable not only to the successful Bidder but also to all of its Subcontractors and Suppliers. In making copies of the Bidding Documents and the Contract available to prospective Bidders, Owner and Engineer do so only for the purpose of obtaining Bidder’s Proposals and such provision does not confer a license or grant for any other use. B. Work and Work Site Conditions. Each prospective Bidder shall, before submitting its Bidder’s Proposal, personally inform itself, by on-site inspection and investigation and by such other appropriate and lawful means as it may wish, of all conditions under which the Work is to be performed; of the obstacles, unusual conditions or difficulties that may be encountered, whether or not referred to in the Bidding Documents or the Contract; and of all other relevant matters concerning the Work Site and the surrounding area, including subsurface, underground and other concealed conditions. In examining the Work Site and the surrounding area, special attention shall be given to the cost and feasibility of the Work to be performed thereon, including the arrangement and conditions of existing or proposed structures that will affect, or that will be affected by, the Work; the procedures necessary for maintenance of uninterrupted operations; the need to interrupt operations for any reason; and the availability and cost of the means and methods of accomplishing the Work. Any prospective Bidder desiring to make borings, explorations or observations to determine conditions at or around the Work Site shall obtain permission from Owner or from any other property owner, as appropriate, prior to commencement of any such activity. Notwithstanding anything set forth in this Subsection 1B, it shall remain the successful Bidder’s responsibility to (i) determine during construction the presence and location of any underground obstructions and to make adjustments in the alignment or grade of the Work to pass around, over, or under them, and (ii) determine during construction the presence and location of any adverse soil conditions and to take all necessary action to eliminate, address, or otherwise deal with such adverse soil conditions, all without any equitable adjustment in the Contract Time or, except as expressly provided, and only to the limited extent set forth, in Sections 2.1 through 2.3 of the General Conditions of Contract included in this Bid Package, the Contract Price. NOT FOR BID GENERAL INSTRUCTIONS -2- C. Quantities. Each prospective Bidder shall, before submitting its Bidder’s Proposal, satisfy itself, by personal inspection and investigation of the Work Site or by such other appropriate and lawful means as it may wish, as to the correctness of any quantities listed in the Bidding Documents. D. Equipment, Materials, and Supplies. Each Bidder shall base its Bidder’s Proposal on new, undamaged, first-quality equipment, materials, and supplies complying fully with the Contract, and in the event any Bidder names or includes in its Bidder’s Proposal equipment, materials, or supplies that do not conform, such Bidder shall, if awarded the Contract, be responsible for furnishing equipment, materials, and supplies that fully conform to the Contract at no increase in the Bidder’s Price Proposal. E. Information Provided by Owner. When information pertaining to subsurface, underground or other concealed conditions or obstructions, soils analysis, borings, test pits, buried structures, utility locations or conditions, conditions of existing structures, and similar site information or data and other investigations is shown or indicated on the Contract Drawings included in this Bid Package, is distributed with the Bidding Documents or the Contract, or is otherwise made available to any prospective Bidder by Owner, such information is shown, indicated, distributed, or made available solely for the convenience of such prospective Bidder and is not part of the Bidding Documents or the Contract. Owner assumes no responsibility whatsoever in respect to the sufficiency or accuracy of any such information, and there is no guaranty or warranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the Work or the Work Site, or that the conditions indicated are representative of those existing at any particular location, or that unanticipated conditions may not be present. F. Representation and Warranty of Bidder. Each Bidder submitting a Bidder’s Proposal expressly thereby represents and warrants that it has had an adequate period of time to conduct, and has conducted, the independent examinations, inspections and investigations required by these General Instructions to Bidders. Each Bidder submitting a Bidder’s Proposal expressly thereby further represents and warrants that Bidder’s Price Proposal includes such allowances for contingencies, as Bidder deems appropriate with respect to such risks and changes in the Work as the successful Bidder is responsible for dealing with under the Contract without any equitable adjustment in the Contract Price or Contract Time. G. Remedies for Failure to Comply. The successful Bidder will be responsible for all errors in its Bidder’s Proposal resulting from such Bidder’s failure or neglect to comply with these General Instructions to Bidders. The successful Bidder shall bear all damages and costs associated therewith, arising therefrom, or resulting from matters or conditions first discovered during the progress of the Work, including, but not limited to, damages or costs resulting from, arising out of, or in any way related to increases in time-related costs; increases in costs of labor, equipment, materials, or supplies; costs of additional personnel; costs of additional equipment; costs of additional premium time for personnel or equipment; increase in costs for Bond or insurance NOT FOR BID GENERAL INSTRUCTIONS -3- premiums; lower labor productivity; lost profits or alternative income; effects on other contracts; and costs of demobilization and remobilization. 2. Interpretation of the Bidding Documents and the Contract A. Defined Terms. All terms capitalized in these General Instructions to Bidders and in the other Bidding Documents are defined in the Bidding Documents and the Contract and shall have such defined meanings wherever used. B. Implied Terms. If any workmanship, equipment, materials, or supplies that are not directly or indirectly set forth in the Contract are nevertheless necessary to the proper provision, performance, and completion of the whole of the Work in accordance with the intent of the Contract, each prospective Bidder shall understand such workmanship, equipment, materials, or supplies to be implied and shall provide for such workmanship, equipment, materials, or supplies in its Bidder’s Proposal as fully as if it were particularly described. C. Addenda. No interpretation of the Bidding Documents or the Contract will be made except by written addendum duly issued by Engineer (“Addendum”). No interpretation not contained in an Addendum shall be valid or have any force or effect whatever. All Addenda issued prior to the opening of Bidder’s Proposals shall become a part of the Bidding Documents or the Contract, as the case may be. Each prospective Bidder shall be responsible for inquiring from time to time as to the availability of Addenda. If any prospective Bidder is in doubt as to the true meaning of any part of the Bidding Documents or the Contract, such prospective Bidder shall submit to Engineer a written request for an interpretation thereof as far in advance of the scheduled opening of Bidder’s Proposals as possible. Engineer shall use its best efforts to issue Addenda in response to all valid, appropriate, and timely inquiries, but accepts no responsibility for doing so. Inquiries not answered by Addenda shall be considered invalid, inappropriate, or untimely inquiries. D. Informal Responses. Neither Owner nor Engineer will give oral answers or instructions in response to any inquiries received prior to the award of the Contract regarding the meaning of the Bidding Documents or the Contract nor any oral indication as to the validity of any such inquiry. Any such oral answer, instruction or indication shall not be binding, shall be deemed to be unauthorized and given informally for the convenience of the Person making the inquiry, shall not be guaranteed, and shall not be relied upon by any prospective Bidder. By submitting a Bidder’s Proposal, each Bidder shall be deemed to have agreed that such information has not been used as a basis of its Bidder’s Proposal and that the giving of any such information does not entitle such Bidder to assert any claim or demand against Owner or Engineer on account thereof. NOT FOR BID GENERAL INSTRUCTIONS -4- 3. Calculation of Unit Price Proposals and Compensation On all items for which Bidder’s Proposals are to be received on a unit price basis, Bidder’s Proposals will be compared on the basis of the approximate number of units stated in the Bidding Documents multiplied by each Bidder’s respective Price Proposal for each Unit Price Item. Payment on the Contract for each Unit Price Item will be based on the actual number of acceptable units of such Unit Price Item installed complete in place, measured on the basis defined in the Contract. The approximate quantities stated in the Bidding Documents shall not be used in establishing the compensation due under the Contract. Such stated quantities are Engineer’s estimate only for Owner’s convenience in comparing Bidder’s Proposals and shall not be relied upon by prospective Bidders. Any increases in the number of units of Unit Price Items required to complete the Work resulting from risks or changes in the Work that the successful Bidder is responsible for dealing with under the Contract without any equitable adjustment in the Contract Price shall be paid for at the respective Price Proposal for each such Unit Price Item. No Bidder shall, after submission of its Bidder’s Proposal, dispute or complain of any estimate of Unit Price Items contained in the Bidding Documents nor assert that there was any misunderstanding in regard to the nature or amount of Work to be done. 4. Prevailing 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. If the Department of Labor revises the wage rates, the revised rate, as made available on the Department's official website, shall apply to this contract and the Contractor will not be allowed additional compensation because of said revisions. The Contractor shall be responsible for notifying each subcontractor of the wage rates set forth in this contract and any revisions thereto. Contractor will comply with the Illinois prevailing wage law, as amended from time to time and made available on the Department of Labor’s official website. Not less than the prevailing rate of wages as found by 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, 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, NOT FOR BID GENERAL INSTRUCTIONS -5- 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, last four digits of their social security number, gender, race, ethnicity, veteran status, classification or classifications, the hourly wages paid in each period, the number of hours worked each day, the starting and ending times of work each day, the worker’s hourly rate, the worker’s hourly overtime wage rate, the worker’s hourly fringe benefit rates, the name and address of each fringe benefit fund, the plan sponsor of each fringe benefit, if applicable, and the plan administrator of each fringe benefit. The Contractor and each subcontractor shall submit monthly, in person, by mail, or electronically a certified payroll to the Department of Labor, through the database created by Section 5.1 of 820 ILCS 130. The certified payroll shall consist of a complete copy of the records. The certified payroll shall be accompanied by a statement signed by the contractor or subcontractor which states that: (i) such records are true and accurate; (ii) the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required; and (iii) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. Upon seven (7) business days' notice, the contractor and each subcontractor shall make available for inspection and copying at a location within this State during reasonable hours, 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. 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. 5. Taxes and Benefits Owner is exempt from state and local sales, use and excise taxes. Bidder’s Price Proposal shall not include any such taxes. A letter of exemption will be provided to the successful Bidder, if necessary. Owner will not reimburse, nor assist the successful Bidder in obtaining reimbursement for any state or local sales, use or excise taxes paid by the successful Bidder. The successful Bidder shall be required to reimburse Owner for any such taxes paid. Bidder’s Price Proposal shall include 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. It shall be the sole responsibility of each prospective Bidder to determine the applicability and amount of such taxes, contributions, NOT FOR BID GENERAL INSTRUCTIONS -6- and premiums and no extra compensation shall be paid by Owner for the successful Bidder’s failure to include these costs in its Bidder’s Proposal. 6. Permits and Licenses Except as otherwise expressly provided in the Special Conditions of Contract included in this Bid Package, Bidder’s Price Proposal shall include the cost of obtaining all permits, licenses, and other approvals and authorizations required by law for performance of the Work. It shall be the sole responsibility of each prospective Bidder to determine the applicable permits, licenses, and other approvals and authorizations and no extra compensation shall be paid by Owner for the successful Bidder’s failure to include these costs in its Bidder’s Proposal. The successful Bidder shall be required to display all permits, licenses and other approvals and authorizations as required by law. 7. Preparation of Bidder’s Proposal Bidder’s Proposals to enter into the Contract for the Work shall be made only on the blank Bidder’s Proposal form furnished by Owner and included in this Bid Package. Entries on the Bidder’s Proposal form shall be typed or legibly written in ink. Price Proposals are to be written by words and by figures as provided on the Bidder’s Proposal form. In case of any conflict, words shall prevail. In case of any error in adding or multiplying individual items, the prices listed for individual items shall control over any incorrect total of such items. A Bidder’s Proposal may be rejected if it does not contain a requested price for each and every item named in the Bidder’s Proposal form or may be interpreted as bidding “no charge” to Owner for any item left blank, except as may be otherwise provided in the Special Instructions to Bidders included in this Bid Package. Prospective Bidders are warned against making alterations of any kind to the Bidder’s Proposal form or to any entry thereon. Bidder’s Proposals that contain omissions, conditions, alterations, or additions not called for by the Bidding Documents may be rejected or interpreted so as to be most favorable to Owner. Bidder’s Proposals that are not submitted on the Bidder’s Proposal form furnished by Owner or that are separated from this bound Bid Package may be rejected. Each Bidder shall securely staple into its Bidder’s Proposal a copy of each Addendum issued for the Bidding Documents and the Contract and shall include in the place provided therefor in the Bidder’s Proposal form a listing of all such Addenda. Bidder’s Proposals that fail to comply with this Instruction may be rejected. Each Bidder shall complete, sign as required pursuant to Section 8 of these General Instructions to Bidders, and submit with its Bidder’s Proposal all of the following documentation: NOT FOR BID GENERAL INSTRUCTIONS -7- (1) Bidder’s Sworn Acknowledgment included in this Bid Package; (2) Bidder’s Sworn Work History Statement included in this Bid Package; (3) Bid Security as required by Section 9 of these General Instructions to Bidders; (4) Surety Commitment Letter as specified in the Invitation for Bidder’s Proposals; (5) Insurance Commitment Letter as specified in the Invitation for Bidder’s Proposals; and (6) Such other documentation, if any, as may be required by any Special Instructions to Bidders included in this Bid Package. Every Bidder submitting a Bidder’s Proposal shall be conclusively deemed to have evidenced an intention to be bound thereby whether or not the requirements for signing Bidder’s Proposals found in Section 8 of these General Instructions to Bidders are satisfied. However, any Bidder’s Proposal that fails to comply with Section 8 of these General Instructions to Bidders may nevertheless be rejected. If a deficiently prepared Bidder’s Proposal is not rejected, Owner may demand correction of any deficiency and award the Contract to Bidder upon satisfactory compliance with this Instruction. 8. Signature Requirements A. Bidder’s Proposals. The following requirements shall be observed in the signing of each Bidder’s Proposal: (1) Corporations. Each Bidder’s Proposal submitted by a corporation shall be signed by the President or other authorized officer of the corporation and shall also bear the attesting signature of the Secretary or Assistant Secretary of the corporation. (2) Partnerships. Each Bidder’s Proposal submitted by a partnership shall be signed by all of its general partners or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the Bidder’s Proposal a power of attorney executed by all of the general partners of such partnership evidencing authority of such attorney-in-fact to sign the Bidder’s Proposal. NOT FOR BID GENERAL INSTRUCTIONS -8- (3) Individuals. Each Bidder’s Proposal submitted by an individual shall be signed by such individual or by an attorney- in-fact. If signed by an attorney-in-fact, there shall be attached to the Bidder’s Proposal a power of attorney executed by such individual evidencing the authority of such attorney-in-fact to sign the proposal. (4) Joint Ventures. Each Bidder’s Proposal submitted by a joint venture shall be signed by each signatory of the joint venture agreement by which such joint venture was formed in accordance with the applicable provisions of (1), (2) and (3) above or by an attorney-in-fact. If signed by an attorney-in- fact, there shall be attached to the Bidder’s Proposal a power of attorney executed by each signatory to the joint venture agreement evidencing the authority of such attorney-in-fact to sign the proposal. Any Bidder’s Proposal that fails to comply with this Instruction may be rejected, or, if not rejected, Owner may demand correction thereof and award the Contract to Bidder upon satisfactory compliance with this Instruction. B. Other Documents. The signature requirements set forth in Subsection 8A shall apply to all other documents in the Bid Package required to be executed by Bidder, Bidder’s sureties, and Bidder’s insurance representatives as well as to the Contract Agreement, the Contractor’s Certification and all other required documentation related to the Contract. Any Bidder’s Proposal that fails to comply with this Instruction may be rejected, or, if not rejected, Owner may demand correction thereof and award the Contract to Bidder upon satisfactory compliance with this Instruction. 9. Bid Security A. Required Bid Security. Every Bidder’s Proposal shall be accompanied by a 5% bid security in the form of a Cashier’s Check, Certified Check or Bid Bond as specified in the Invitation for Bidder’s Proposals (“Bid Security”), which Bid Security shall stand as a guaranty that (1) if Bidder is determined to be one of the Most Favorable Bidders (see Section 14B below), Bidder will submit all additional information requested by Owner; (2) if such Bidder’s Proposal is accepted, Bidder will timely file the Bonds and the certificates and policies of insurance required by the Contract; and (3) if such Bidder’s Proposal is accepted, Bidder will timely execute the Contract Agreement, the Contractor’s Certification, and all other required documentation related to the Contract. NOT FOR BID GENERAL INSTRUCTIONS -9- Any Bidder’s Proposal that fails to comply with this Instruction may be rejected, or, if not rejected, Owner may demand correction of any deficiency and award the Contract to Bidder upon satisfactory compliance with this Instruction. B. Return of Bid Security. Bid Security submitted in the form of Cashier’s Checks or Certified Checks will be returned to all except the Most Favorable Bidders within five Days after the opening of Bidder’s Proposals, and to the Most Favorable Bidders within five Days after execution of the Contract Agreement by Owner. Bid Bonds will not be returned unless otherwise requested by Bidder. C. Liquidated Damages. If a Most Favorable Bidder fails to timely submit all additional information requested by Owner, or if the successful Bidder fails to timely and properly submit all required Bonds, certificates and policies of insurance, or if the successful Bidder fails to timely and properly execute the Contract Agreement, the Contractor’s Certification and all other required documentation related to the Contract, it will be difficult and impracticable to ascertain and determine the amount of damage that Owner will sustain by reason of any such failure. For such reason, every Bidder shall, by submitting its Bidder’s Proposal, be deemed to agree that Owner shall have the right, at its option in the event of any such default, to retain or recover as reasonably estimated liquidated damages, and not as a penalty, the entire amount of the Bid Security or ten percent of the Bidder’s Price Proposal, whichever is greater, or to exercise any and all equitable remedies it may have against the defaulting Bidder. 10. Surety and Insurance Commitments Every Bidder’s Proposal shall be accompanied by: (1) A letter from a surety company, licensed to do business in the State of Illinois with a general rating of A minus and a financial size category of Class X or better in Best’s Insurance Guide, stating that it will execute Bonds in the form included in the Contract Documents upon award of the Contract to Bidder. (2) A letter from Bidder’s insurance carrier or its agent certifying that said insurer has read the insurance requirements set forth in the Contract and will issue the required certificates and policies of insurance upon award of the Contract to Bidder. Any Bidder’s Proposal that fails to comply with this Instruction may be rejected, or, if not rejected, Owner may demand correction of any deficiency and award the Contract to Bidder upon satisfactory compliance with this Instruction. 11. Submission of Bidder’s Proposal One copy of each Bidder’s Proposal, properly signed, together with the required Bid Security (see Section 9), the required surety and insurance commitment letters (see Section 10) and all other required documents, shall be enclosed in a sealed NOT FOR BID GENERAL INSTRUCTIONS -10- envelope or package and shall be addressed and delivered to the place, before the time, and in the manner designated in the Invitation for Bidder’s Proposals. Each sealed envelope or package containing a Bidder’s Proposal shall be identified as such and shall be marked with the title of the Contract and Bidder’s full legal name. All documents designated in the Bidding Documents or the Contract, including any Addenda, will be considered part of each Bidder’s Proposal whether attached or not. The Bidder’s Proposal form shall not be removed from this bound Bid Package. 12. Withdrawal of Bidder’s Proposal Any Bidder’s Proposal may be withdrawn at any time prior to the opening of any Bidder’s Proposal, provided that a request in writing, executed by Bidder in the manner specified in Section 8 of these General Instructions to Bidders, for the withdrawal of such Bidder’s Proposal is filed with Owner prior to the opening of any Bidder’s Proposal. The withdrawal of a Bidder’s Proposal prior to opening of any Bidder’s Proposal will not prejudice the right of Bidder to file a new Bidder’s Proposal. No Bidder’s Proposal shall be withdrawn without the consent of Owner for a period of 90 Days after the opening of any Bidder’s Proposal. Any Bidder’s Proposal may be withdrawn at any time following the expiration of said 90 Day period, provided that a request in writing, executed by Bidder in the manner specified in Section 8 of these General Instructions to Bidders, for the withdrawal of such Bidder’s Proposal is filed with Owner after said 90 Day period. If no such request is filed, the date for acceptance of such Bidder’s Proposal shall be deemed to be extended until such a request is filed or until Owner executes a Contract pursuant to the Invitation for Bidder’s Proposals or until Owner affirmatively and in writing rejects such Bidder’s Proposal. 13. Public Opening of Bidder’s Proposals Bidder’s Proposals will be opened, and the Price Proposals will be read aloud publicly at the time and place indicated in the Invitation for Bidder’s Proposals or as soon thereafter as possible. Bidders or their agents are invited to be present. All Bidder’s Proposals received after the specified time of opening will be returned unopened. 14. Qualification of Bidders A. Factors. Owner intends to award the Contract only to a Bidder that furnishes satisfactory evidence that it has the requisite experience, ability, capital, facilities, plant, organization and staffing to enable it to perform the Work successfully and promptly and to complete the Work for the Contract Price and within the Contract Time. B. Most Favorable Bidders. A preliminary determination as to eligibility of up to three Bidders (herein referred to as “Most Favorable Bidders”) who shall be eligible for further consideration shall be made on the basis of the amount of the Bidder’s Price Proposals, Owner’s prior experience with the Bidders, Owner’s knowledge of the Bidders’ performance on other relevant projects, and all other relevant facts or matters NOT FOR BID GENERAL INSTRUCTIONS -11- mentioned in the Bidding Documents or the Contract or that Owner may legally consider in making its determination. The making of such a preliminary determination shall not waive Owner’s right to reject any and all Bidder’s Proposals nor waive such other rights as are set forth in Section 16 of these General Instructions to Bidders. C. Final Determination. The final selection of the successful Bidder from among the Most Favorable Bidders shall be made on the basis of the above- mentioned factors and any additional information that may be requested of all or any one or more of the Most Favorable Bidders. Such additional information may include, but is not limited to, a listing of available personnel, plant and equipment; a description of current workloads and any pending bids or proposals; financial and litigation statements; and any other pertinent information. If such additional information is required, Owner shall issue a Request for Additional Information to one or more of the Most Favorable Bidders. In the event Owner issues a Request for Additional Information, the responding Bidder shall provide such information within two business days after receipt of said Request for Additional Information or such other period as may be set forth therein. Failure to so answer shall, at Owner’s option, be grounds for the imposition of liquidated damages, as more specifically set forth in Section 9 above. 15. Disqualification of Bidders A. More Than One Bidder’s Proposal. No more than one Bidder’s Proposal for the Work described in the Contract shall be considered from any single corporation, partnership, individual or joint venture, whether under the same or different names and whether or not in conjunction with any other corporation, partnership, individual or joint venture. Reasonable grounds for believing that any corporation, partnership, individual or joint venture is interested, as a principal, in more than one Bidder’s Proposal for the Work may cause the rejection of all Bidder’s Proposals in which such corporation, partnership, individual or joint venture is interested. Nothing contained in this Subsection 15A shall prohibit any single corporation, partnership, individual or joint venture, whether under the same or different names and whether or not in conjunction with any other corporation, partnership, individual or joint venture, from submitting a bid or quoting prices to more than one Bidder for equipment, materials and supplies or labor to be furnished as a Subcontractor or Supplier. B. Collusion. If there are reasonable grounds for believing that collusion exists among any Bidders, all Bidder’s Proposals of the participants in such collusion will not be considered. C. Default. If a Bidder is or has been in default on a contract with Owner or in the payment of monies due to Owner, its Bidder’s Proposal will not be considered. D. Deficiencies. Owner expressly reserves the right in its sole and absolute discretion to disqualify any Bidder that: NOT FOR BID GENERAL INSTRUCTIONS -12- (1) submits a Bidder’s Proposal that does not contain a lump sum or unit price for each pay item requested; (2) submits a Bidder’s Proposal on a form other than the Bidder’s Proposal form included in the Bidding Documents or alters such form or detaches any part of such form from this bound Bid Package; (3) submits a Bidder’s Proposal that contains omissions, alterations, unauthorized additions, conditional or alternate bids, or irregularities of any kind that may tend to make the Bidder’s Proposal incomplete, indefinite, or ambiguous as to its meaning, including, but not limited to, conditional surety and insurance commitment letters; (4) submits an unsigned or improperly signed Bidder’s Proposal; (5) submits a Bidder’s Proposal containing any provision reserving the right to accept or reject an award or to enter into a Contract pursuant to award; or (6) submits a Bidder’s Proposal that is not prepared in ink. If the deficient Bidder is not disqualified, Owner may demand correction of any deficiency and award the Contract to Bidder upon satisfactory compliance with these General Instructions to Bidders and any Special Instructions to Bidders included in this Bid Package. 16. Award of Contract A. Reservation of Rights. Owner reserves the right to accept the Bidder’s Proposal that is, in its judgment, the best and most favorable to the interests of Owner and the public; to reject the low Price Proposal; to accept any item of any Bidder’s Proposal; to reject any and all Bidder’s Proposals; to accept and incorporate corrections, clarifications or modifications following the opening of the Bidder’s Proposals when to do so would not, in Owner’s opinion, prejudice the bidding process or create any improper advantage to any Bidder; and to waive irregularities and informalities in the bidding process or in any Bidder’s Proposal submitted; provided, however, that the waiver of any prior defect or informality shall not be considered a waiver of any future or similar defects or informalities, and Bidders should not rely upon, or anticipate, such waivers in submitting their Bidder’s Proposals. B. Firm Offers. All Bidder’s Proposals are firm offers to enter into the Contract and no Bidder’s Proposals shall be deemed rejected, notwithstanding acceptance of any other Bidder’s Proposal, until the Contract has been executed by both Owner and the successful Bidder or until Owner affirmatively and in writing expressly rejects such Bidder’s Proposal. NOT FOR BID GENERAL INSTRUCTIONS -13- C. Time of Award. It is expected that the award of the Contract, if it is awarded, will be made within 90 Days following the opening of the Bidder’s Proposals. Should administrative difficulties be encountered after the opening of the Bidder’s Proposals, including the annulment of any award, that may delay an award or subsequent award beyond such 90 Day period, Owner may accept any Bidder’s Proposal for which the date for acceptance has been extended as provided in Section 12 of these General Instructions to Bidders in order to avoid the need for re-advertisement. No Bidder shall be under any obligation to extend the date for acceptance of its Bidder’s Proposal. Failure of one or more of the Bidders or their sureties to extend the date for acceptance of its Bidder’s Proposal shall not prejudice the right of Owner to accept any Bidder’s Proposal for which the date for acceptance has been extended. 17. Notice of Award; Effective Date of Award If the Contract is awarded by Owner, such award shall be effective when a Notice of Award, in the form included in this Bid Package, or similar, has been delivered to the successful Bidder (“Effective Date of Award”). Engineer will prepare two (2)copies of the Contract based upon Bidder’s Proposal and will submit them to the successful Bidder with the Notice of Award. Successful Bidder will have fourteen (14) days to return fully executed contract, certificate of insurance, and required bonds to the Owner. 18. Failure to Sign Contract A. Annulment of Award; Liquidated Damages. The failure or refusal of a successful Bidder to comply or to otherwise fail or refuse to Sign the contract shall be just cause for the annulment of the award and the imposition of liquidated damages or the exercise of equitable remedies, both as more specifically set forth in Section 9 above. B. Subsequent Awards. Upon annulment of an award, Owner may accept, and award a Contract based on, any other Bidder’s Proposal as Owner, in its sole judgment, deems to be the best or may invite new Proposals or may abandon the bidding process or the Work. 19. Time of Starting and Completion Work shall commence, shall be continuously and diligently prosecuted, and shall be completed within the Contract Time stated in the Contract. BIDDERS ARE DIRECTED TO THE GENERAL AND SPECIAL CONDITIONS OF CONTRACT INCLUDED IN THIS BID PACKAGE FOR PROVISIONS CONCERNING COORDINATION OF THE WORK WITH OTHER WORK BEING UNDERTAKEN BY OR FOR OWNER. NO CLAIMS FOR DELAY OR INTERFERENCE BASED ON ANY SUCH OTHER WORK WILL BE ALLOWED. BIDDERS ARE DIRECTED TO THE GENERAL AND SPECIAL CONDITIONS OF CONTRACT INCLUDED IN THIS BID PACKAGE FOR PROVISIONS, IF ANY, NOT FOR BID GENERAL INSTRUCTIONS -14- RELATED TO LIQUIDATED DAMAGES FOR DELAYS IN COMPLETION OF THE WORK OR ANY PORTION THEREOF. 20. Confidentiality Each Bidder shall identify any information submitted in the bidding process that is considered by it to be confidential or proprietary. Owner shall not disclose, outside the bidding process, at any time, either during or subsequent to the bidding process, any such designated confidential or proprietary information, unless such disclosure will not cause competitive harm, or such information was actually known to Owner prior to its submission by Bidder, or such information was properly obtained or developed independently by Owner, or Bidder consents to such disclosure. Notwithstanding the foregoing, each Bidder, by its submission of its Bidder’s Proposal, acknowledges that Owner is subject to the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., and that no disclosure made in good faith by Owner pursuant to such Act shall be deemed to violate this Section. NOT FOR BID -i- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS SPECIAL INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS Section Page 1. Special Bidding Considerations ............................................................................ 1 2. Special Construction Considerations .................................................................... 1 NOT FOR BID -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS SPECIAL INSTRUCTIONS TO BIDDERS 1. Special Bidding Considerations 2. Special Construction Considerations NOT FOR BID -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS BIDDER’S PROPOSAL Full Name of Bidder ______________________________________________ (“Bidder”) Principal Office Address __________________________________________________ Local Office Address _____________________________________________________ Contact Person ______________________________ Telephone __________________ TO: Village of Oak Brook (“Owner”) 1200 Oak Brook Road Oak Brook, Illinois 60523 Attention: Tim O’Malley, Interim Public Works Director Bidder acknowledges and agrees that all capitalized terms in this Bidder’s Proposal shall have the meaning given to them in the Bidding Documents and the Contract. Bidder warrants and represents that Bidder has carefully examined the Work Site described below and its environs and has reviewed and understood all documents included, referred to, or mentioned in this bound Bid Package, including Addenda Nos. __________, [if none, write “NONE”], which are securely stapled to the end of this Bidder’s Proposal. 1. Work Proposal A. Contract and Work. If this Bidder’s Proposal is accepted, Bidder proposes, and agrees, that Bidder will contract with Owner, in the form of the Contract Agreement included in this Bid Package: (1) to provide, perform, and complete at the site or sites described in this Bid Package (“Work Site”) and in the manner described and specified in this Bid Package all necessary work, labor, services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data, and other means and items necessary for the design, if any, construction, and installation of the Merry Lane Water Main Improvements, together with related attachments, equipment and appurtenances thereto; (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 Special Conditions of Contract included in this Bid Package; (3) to procure and furnish all Bonds and all certificates and policies of insurance specified in this Bid Package; (4) to pay all NOT FOR BID PROPOSAL -2- applicable federal, state, and local taxes; (5) to do all other things required of Contractor by the Contract; and (6) to provide, perform, and complete all of the foregoing in a proper and workmanlike manner and in full compliance with, and as required by or pursuant to, the Contract; all of which is herein referred to as the “Work.” B. Manner and Time of Performance. If this Bidder’s Proposal is accepted, Bidder proposes, and agrees, that Bidder will perform the Work in the manner and time prescribed in this Bid Package and according to the requirements of Owner pursuant thereto. C. General. If this Bidder’s Proposal is accepted, Bidder proposes, and agrees, that Bidder will do all other things required of Bidder or Contractor, as the case may be, by this Bid Package. 2. Contract Price Proposal If this Bidder’s Proposal is accepted, Bidder will, except as otherwise provided in Article II of the General Conditions of Contract included in this Bid Package, take in full payment for the Work and all other matters set forth under Section 1 above, including overhead and profit; taxes, contributions, and premiums; compensation to all Subcontractors and Suppliers; and such risks and changes in the Work as Bidder or Contractor, as the case may be, is responsible for dealing with under the Contract without any equitable adjustment in the Contract Price, the compensation set forth on the following “Schedule of Prices” (“Price Proposal”), which Schedule of Prices Bidder understands and agrees will be made a part of the Contract Documents: NOT FOR BID PROPOSAL -3- SCHEDULE OF PRICES Item No. Item Unit Quantity Unit Price Total 20800150 TRENCH BACKFILL CU YD 1800 21301072 EXPLORATION TRENCH 72" DEPTH FOOT 50 *25200110 SODDING, SPECIAL SQ YD 300 *25200200 SUPPLEMENTAL WATERING UNIT 4 *28000510 INLET FILTERS EACH 10 40201000 AGGREGATE FOR TEMPORARY ACCESS TON 300 *44201713 CLASS D PATCH, SPECIAL SQ YD 1340 *55100300 STORM SEWER REMOVAL FOOT 154 *56100600 WATER MAIN 6" FOOT 92 *56100700 WATER MAIN 8" FOOT 1752 *56105000 WATER VALVES 8" EACH 3 *56400500 FIRE HYDRANTS TO BE REMOVED EACH 4 *56400820 FIRE HYDRANT WITH AUXILIARY VALVE AND VALVE BOX EACH 6 60200105 CATCH BASINS, TYPE A, 4'-DIA, TYPE 1 FRAME, OPEN LID EACH 1 60234200 INLETS, TYPE A, TYPE 1 FRAME, OPEN LID EACH 1 *60248700 VALVE VAULTS, TYPE A, 4'- DIAMETER, TYPE 1 FRAME, CLOSED LID, SPECIAL EACH 1 *60248900 VALVE VAULTS, TYPE A, 5'-DIA, TYPE 1 FR, CLOSED LID, SPECIAL EACH 2 *60604300 COMB CURB AND GUTTER REM AND REPL (SPECIAL) FOOT 220 *X6026622 VALVE VAULTS TO BE REMOVED EACH 3 *X7010216 TRAFFIC CONTROL AND PROTECTION, SPECIAL L. SUM 1 *Z0013798 CONSTRUCTION LAYOUT L. SUM 1 *Z0017700 DRAINAGE & UTILITY STRUCTURES TO BE RECON EACH 1 NOT FOR BID PROPOSAL SCHEDULE OF PRICES (CONT.) -4- Item No. Item Unit Quantity Unit Price Total *Z0018400 DRAINAGE STRUCTURES TO BE ADJUSTED EACH 2 *Z0018700 DRAINAGE STRUCTURE TO BE REMOVED EACH 1 *NA CLEARING SQ FT 1000 *NA PORTLAND CEMENT CONCRETE DRIVEWAY REMOVAL AND REPLACEMENT SQ YD 50 *NA BRICK DRIVEWAY REMOVAL AND REPLACEMENT SQ YD 20 *NA HOT-MIX ASPHALT DRIVEWAY REMOVAL AND REPLACEMENT SQ YD 50 *NA PORTLAND CEMENT CONCRETE SIDEWALK REMOVAL AND REPLACEMENT, 5 INCH, SPECIAL SQ FT 100 *NA STORM SEWERS, TYPE 1, WATER MAIN QUALITY PIPE FOOT 154 *NA AS-BUILT DRAWINGS L. SUM 1 *NA MECHANICALLY PLUG AND BLOCK WATER MAIN EACH 2 *NA SHUT DOWN CONNECTION TO EXISTING WATER MAIN EACH 2 *NA WATER SERVICE REPLACEMENT WITH NEW BUFFALO BOX, 1.5 INCH - SHORT SIDE EACH 15 *NA WATER SERVICE REPLACEMENT WITH NEW BUFFALO BOX, 1.5 INCH - LONG SIDE EACH 15 *NA WATER MAIN FITTINGS LBS 900 *NA PVC WATER MAIN, 8" (DIRECTIONAL BORE) FOOT 337 *NA WATERMAIN QUALITY SANITARY SEWER, REPAIR, 6" EACH 10 *NA ITEMS AS ORDERED BY THE ENGINEER L. SUM 15,000 $1.00 $15,000.00 Bidder’s Total Proposal = NOT FOR BID PROPOSAL SCHEDULE OF PRICES (CONT.) -5- B. BASIS FOR DETERMINING PRICES It is expressly understood and agreed that: [1]. The approximate quantities set forth in this Schedule of Prices for each Unit Price Item are Engineer’s estimate only, that Owner reserves the right to increase or decrease such quantities, and that payment for each Unit Price Item shall be made only on the actual number of acceptable units of such Unit Price Item installed complete in place, measured on the basis defined in the Contract;] 2. The Price Proposal includes allowances for contingencies as Bidder deems appropriate with respect to such risks and changes in the Work that Bidder or Contractor, as the case may be, is responsible for dealing with under the Contract without any equitable adjustment in the Contract Price; 3. Bidder or Contractor, as the case may be, shall be compensated only in accordance with the Contract and shall not be entitled to equitable adjustments in the Contract Price as a result of any claims by Subcontractors or Suppliers arising only under their Subcontracts and not provided for in the Contract; 4. Owner is not subject to state or local sales, use and excise taxes and no such taxes are included in this Schedule of Prices; 5. All other applicable federal, state, and local taxes of every kind and nature applicable to the Work as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits are included in this Schedule of Prices; and 6. All costs, royalties, and fees arising from the use on, or the incorporation into, the Work of patented equipment, materials, supplies, tools, appliances, devices, processes, or inventions are included in this Schedule of Prices. All claim or right to [dispute or complain of any such estimated quantity, or to assert that there was any misunderstanding in regard to the nature or amount of any Unit Price Item to be provided or performed, or to] claim any additional compensation by reason of such risks, changes, and Subcontractor or Supplier claims, or payment of any such tax, contribution, or premium or any such cost, royalty or fee is hereby waived and released. NOT FOR BID PROPOSAL -6- 3. Contract Time Proposal If this Bidder’s Proposal is accepted, Bidder will commence the Work immediately upon execution by Owner of the Contract Agreement (“Commencement Date”) and will perform the Work diligently and continuously and will complete the Work, within 120 Days from the Commencement Date (“Completion Date”). 4. Firm Proposal All prices and other terms stated in this Bidder’s Proposal are firm and shall not be subject to withdrawal, escalation, or change for a period of 90 Days after the date on which any Bidder’s Proposal is opened or such extended acceptance date for Bidder’s Proposals as may be established pursuant to Sections 12 and 16 of the General Instructions to Bidders. 5. Bidder Representations A. No Collusion. Bidder warrants and represents that the only Persons interested in this Bidder’s Proposal as principals are those named in the Bidder’s Sworn Acknowledgment attached hereto and that this Bidder’s Proposal is made without collusion with any other Person. B. Not Barred. Bidder warrants, represents, and certifies that it is not barred by law from contracting with Owner or with any unit of state or local government. C. Qualified. Bidder warrants and represents that it has the requisite experience, ability, capital, facilities, plant, organization, and staff to enable Bidder to perform the Work successfully and promptly and to commence and complete the Work within the Contract Price and Contract Time Proposals set forth above. In support thereof, Bidder submits the attached Sworn Work History Statement. In the event Bidder is preliminarily deemed to be one of the Most Favorable Bidders, Bidder hereby agrees to furnish upon request, within two business days or such longer period as may be set forth in the request, such additional information as may be necessary to satisfy Owner that Bidder is adequately prepared to fulfill the Contract. D. Owner’s Reliance. Bidder acknowledges that Owner is relying on all warranties, representations and statements made by Bidder in this Bidder’s Proposal. 6. Surety and Insurance Bidder herewith tenders surety and insurance commitment letters as specified in Section 7 of the Invitation for Bidder’s Proposals included in this Bid Package. 7. Bid Security Bidder herewith tenders a Cashier’s Check, Certified Check, or Bid Bond as specified in Section 7 of the Invitation for Bidder’s Proposals included in this Bid Package NOT FOR BID PROPOSAL -7- for the sum of ___________________________ dollars ($____________), which is equal to five (5%) percent of Bidder’s Price Proposal (“Bid Security”). 8. Owner’s Remedies Bidder acknowledges and agrees that should Bidder fail to timely submit all additional information that is requested of it; or should Bidder, if Owner awards Bidder the Contract, fail to timely submit all the Bonds and all the certificates and policies of insurance required of it; or should Bidder, if Owner awards Bidder the Contract, fail to timely execute the Contract Agreement, the Contractor’s Certification and all other required documentation related to the Contract, it will be difficult and impracticable to ascertain and determine the amount of damage that Owner will sustain by reason of any such failure and, for such reason, Owner shall have the right, at its option in the event of any such default by Bidder, to retain or recover as reasonably estimated liquidated damages, and not as a penalty, the entire amount of the Bid Security or to exercise any and all equitable remedies it may have against Bidder. 9. Owner’s Rights Bidder acknowledges and agrees that Owner reserves the right to reject any and all Bidder’s Proposals, reserves the right to accept or reject any item of any Bidder’s Proposal and reserves such other rights as are set forth in Section 16 of the General Instructions to Bidders and Section 1 of the Special Instructions to Bidders included in this Bid Package. 10. Bidder’s Obligations In submitting this Bidder’s Proposal, Bidder understands and agrees that it shall be bound by each, and every term, condition or provision contained in the Bidding Documents and the Contract, which are by this reference incorporated herein and made a part hereof. DATED this ______ day of ____________, 20___. Attest/Witness ___________________________________ Bidder By: ____________________________ By: ________________________________ Title: ____________________________ Title: _______________________________ SEE GENERAL INSTRUCTIONS TO BIDDERS, SECTION 8, FOR SIGNATURE REQUIREMENTS NOT FOR BID PROPOSAL -8- ADDENDA TO BID PACKAGE Each Bidder shall securely staple to this page any and all Addenda issued prior to the opening of Bidder’s Proposals. Each Bidder shall also list all such Addenda in the place provided therefor in the Bidder’s Proposal form. If Bidder received no Addenda, Bidder shall so indicate by placing an “X” in the box below:  No Addenda Received NOT FOR BID -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS BIDDER’S SWORN ACKNOWLEDGMENT _______________________________ (“Deponent”), being first duly sworn on oath, deposes and states that the undersigned Bidder is organized as indicated below and that all statements herein made are made on behalf of such Bidder in support of its Bidder’s Proposal for the above Contract and that Deponent is authorized to make them. Deponent also deposes and states that Bidder has carefully prepared, reviewed and checked its Bidder’s Proposal and that the statements contained in its Bidder’s Proposal and in this Acknowledgment are true and correct. COMPLETE APPLICABLE SECTION ONLY 1. Corporation Bidder is a corporation that is organized and existing under the laws of the State of ___________, that is qualified to do business in the State of Illinois, and that is operating under the legal name of ________________________________________. Pursuant to a Resolution of the corporation’s Board of Directors taken on __________________, ______________________________, who is the ___________________ of the corporation, is authorized to sign this Bidder’s Proposal, the Contract and all documents related thereto. The officers of the corporation are as follows: TITLE NAME ADDRESS President ____________________ __________________________ Vice President ____________________ __________________________ Secretary ____________________ __________________________ Treasurer ____________________ __________________________ The stockholders of the corporation who own 10 percent or more of its stock of any class are as follows: NOT FOR BID ACKNOWLEDGMENT -2- PERCENTAGE NAME ADDRESS OWNERSHIP ___________________ _______________________ ___________ ___________________ _______________________ ___________ ___________________ _______________________ ___________ ___________________ _______________________ ___________ ___________________ _______________________ ___________ 2. Partnership Bidder is a partnership that is organized, existing and registered under the laws of the State of Illinois pursuant to that certain Partnership Agreement dated as of ______________, that is qualified to do business in the State of __________, and that is operating under the legal name of ______________________. The general partners of the partnership are as follows: PERCENTAGE NAME ADDRESS OWNERSHIP ___________________ _______________________ ___________ ___________________ _______________________ ___________ ___________________ _______________________ ___________ ___________________ _______________________ ___________ Pursuant to a power of attorney executed by all of the General Partners on ______________, a certified copy of which is hereto attached, _______________________ is the attorney-in-fact for the partnership and is authorized to sign this Bidder’s Proposal, the Contract and all documents related thereto for the partnership. [Strike out this paragraph if not applicable] 3. Individual Bidder is an individual whose full name is ___________________________, whose residence address is _______________________________________________ and whose business address is ________________________________. If operating under a trade or assumed name, said trade or assumed name is as follows: _________________________________________. NOT FOR BID ACKNOWLEDGMENT -3- Pursuant to a power of attorney executed by Bidder on __________________, a certified copy of which is hereto attached, ______________________________ is the attorney-in-fact for Bidder and is authorized to sign this Bidder’s Proposal, the Contract and all documents related thereto for Bidder. [Strike out this paragraph if not applicable] 4. Joint Venture Bidder is a joint venture that is organized and existing under the laws of the State of ________ pursuant to that certain Joint Venture Agreement dated as of ______________, that is qualified to do business in the State of __________, and that is operating under the legal name of ______________________________. The signatories to the aforesaid Joint Venture Agreement are as follows: PERCENTAGE NAME ADDRESS OWNERSHIP ___________________ (___) _______________________ ___________ ___________________ (___) _______________________ ___________ ___________________ (___) _______________________ ___________ ___________________ (___) _______________________ ___________ ___________________ (___) _______________________ ___________ [For each signatory indicate the type of entity (Corporation = “C”; Partnership = “P”; and Individual = “I”) and provide, on separate sheets, the information required in Paragraph 1, 2, or 3 above, as applicable] Pursuant to a power of attorney executed by all signatories to the aforesaid Joint Venture Agreement on __________________, a certified copy of which is hereto attached, _______________________________ is the attorney-in-fact for Bidder and is authorized to sign this Bidder’s Proposal, the Contract and all documents related thereto for Bidder. [Strike out this paragraph if not applicable] NOT FOR BID ACKNOWLEDGMENT -4- DATED this ______ day of ____________, 20___. Attest/Witness ___________________________________ Bidder By: ____________________________ By: ________________________________ Title: ____________________________ Title: _______________________________ Subscribed and Sworn to My Commission Expires: __________________ before me this ____ day of _____________, 20___. _____________________________ [SEAL] Notary Public SEE GENERAL INSTRUCTIONS TO BIDDERS, SECTION 8, FOR SIGNATURE REQUIREMENTS NOT FOR BID -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS BIDDER’S SWORN WORK HISTORY STATEMENT _______________________________ (“Deponent”), being first duly sworn on oath, deposes and states that all statements made in this Sworn Work History Statement are made on behalf of the undersigned Bidder in support of its Bidder’s Proposal for the above Contract and that Deponent is authorized to make them. Deponent also deposes and states that Bidder has carefully prepared, reviewed and checked this Sworn Work History Statement and that the statements contained in this Sworn Work History Statement are true and correct. IF NECESSARY FOR FULL DISCLOSURE, ADD SEPARATE SHEETS JOINT VENTURES MUST SUBMIT SEPARATE SWORN WORK HISTORY STATEMENTS FOR THE JOINT VENTURE AND FOR EACH SIGNATORY TO THE JOINT VENTURE AGREEMENT 1. Nature of Business State the nature of Bidder’s business: __________________________ ______________________________________________________________________ 2. Composition of Work During the past three years, Bidder’s work has consisted of: ____% Federal ____% As Contractor ____% Bidder’s Forces ____% Other Public ____% As Subcontractor ____% Subcontractors ____% Private ____% Materials 3. Years in Business State the number of years that Bidder, under its current name and organization, has been continuously engaged in the aforesaid business: _______ years NOT FOR BID WORK HISTORY STATEMENT -2- 4. Predecessor Organizations If Bidder has been in business under its current name and organization for less than five years, list any predecessor organizations: NAME ADDRESS YEARS ___________________ __________________________ ___________ ___________________ __________________________ ___________ ___________________ __________________________ ___________ 5. Business Licenses List all business licenses currently held by Bidder: ISSUING AGENCY TYPE NUMBER EXPIRATION _____________________ _____________ ___________ _____________ _____________________ _____________ ___________ _____________ _____________________ _____________ ___________ _____________ 6. Related Experience List three projects most comparable to the Work completed by Bidder, or its predecessors, in the past five years: PROJECT ONE PROJECT TWO PROJECT THREE Owner Name ___________ _____________ ______________ Owner Address ___________ _____________ ______________ ___________ _____________ ______________ Reference ___________ _____________ ______________ Telephone Number ___________ _____________ ______________ Type of Work ___________ _____________ ______________ NOT FOR BID WORK HISTORY STATEMENT -3- PROJECT ONE PROJECT TWO PROJECT THREE Contractor ___________ _____________ ______________ (If Bidder was) (Subcontractor) ___________ _____________ ______________ ___________ _____________ ______________ Amount of Contract ___________ _____________ ______________ Date Commenced ___________ _____________ ______________ Date Completed ___________ _____________ ______________ DATED this ______ day of ____________, 20___. Attest/Witness ___________________________________ Bidder By: ____________________________ By: ________________________________ Title: ____________________________ Title: _______________________________ Subscribed and Sworn to My Commission Expires: _________ before me this ____ day of _____________, 20___. _____________________________ [SEAL] Notary Public SEE GENERAL INSTRUCTIONS TO BIDDERS, SECTION 8, FOR SIGNATURE REQUIREMENTS NOT FOR BID -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS BID BOND KNOW ALL MEN BY THESE PRESENTS: that _____________________________________________________________________, (Here insert full name and address of Bidder) as Principal, hereinafter called Bidder, and _____________________________________________________________________, (Here insert full name and address of Surety) as Surety, a corporation organized and existing under the laws of the State of __________, hereinafter called Surety, are held and firmly bound unto the Village of Oak Brook, 1200, Oak Brook Road, Oak Brook, Illinois 60523, as Obligee, hereinafter called Owner, in the full and just sum of ____________________________________ Dollars ($_______________), for the payment of which sum of money well and truly to be made, Bidder and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Bidder has submitted a Bidder’s Proposal dated ______________, 20___, to Owner entitled “Contract for the Construction of Merry Lane Water Main Improvements Bidder’s Proposal” (the “Proposal”), 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 Bidder shall timely submit all additional information that is required of it and, if the Proposal shall be accepted by Owner, Bidder shall (1) timely submit all the Bonds and all the certificates of insurance required of it, (2) timely execute the Contract Agreement and the Contractor’s Certification, in the form included in the bound Bid Package, and all other required documentation related to the Contract, and (3) in all other respects, perform the agreement created by Owner’s acceptance of the Proposal, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety, for value received, hereby stipulates, and agrees that the obligations of Surety under this bond shall be in no way impaired or affected by any extension of the time within which Owner may accept the Proposal, and Surety does hereby waive notice of any such extension. NOT FOR BID BID BOND -2- Owner shall have no obligation to actually incur any expense or correct any deficient performance of Bidder in order 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 Owner or the heirs, executors, administrators, or successors of Owner. Signed and sealed this ____ day of __________, 20___. Attest/Witness: PRINCIPAL By: __________________________ By: ____________________ Title: __________________________ Title: ____________________ Attest/Witness: SURETY By: __________________________ By: ____________________ Title: __________________________ Title: ____________________ SEE GENERAL INSTRUCTIONS TO BIDDERS, SECTION 8, FOR SIGNATURE REQUIREMENTS NOT FOR BID -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS REQUEST FOR ADDITIONAL INFORMATION TO: [MOST FAVORABLE BIDDER] FROM: Village of Oak Brook [ADDRESS OF MOST FAVORABLE BIDDER] 1200 Oak Brook Road Oak Brook, Illinois 60523 Attn: Tim O’Malley Interim Public Works Director (“Bidder”) (“Owner”) Owner has preliminarily found your Bidder’s Proposal for the “Contract for the Construction of Merry Lane Water Main Improvements dated , 2024 to be one of the most favorable to the interests of Owner. To be eligible for further consideration, you must provide the items of information checked below:  1. The attached Sworn Statement of Responsibility.  2. Other Information identified as follows: [LIST OTHER REQUIRED INFORMATION] The requested information must be provided at the address of Owner set forth above within business days of your receipt of this Request. Failure to supply the requested information within the indicated time shall result, at Owner’s option, in the imposition of liquidated damages as more specifically set forth in Section 9 of the General Instructions to Bidders. DATED this day of , 2024 _______________ By: ____________________ Village Manager NOT FOR BID -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS BIDDER’S SWORN STATEMENT OF RESPONSIBILITY Confidential THIS FORM NEED NOT BE COMPLETED WHEN SUBMITTING INITIAL BIDDER’S PROPOSAL ____________________ (“Deponent”), being first duly sworn on oath, deposes and states that all statements made in this Sworn Statement of Responsibility are made on behalf of the undersigned Bidder in support of its Bidder’s Proposal for the above Contract and that Deponent is authorized to make them. Deponent also deposes and states that Bidder has carefully prepared, reviewed and checked this Sworn Statement of Responsibility and that the statements contained in this Sworn Statement of Responsibility are true and correct. IF NECESSARY FOR FULL DISCLOSURE, ADD SEPARATE SHEETS JOINT VENTURES MUST SUBMIT SEPARATE SWORN STATEMENTS OF RESPONSIBILITY FOR THE JOINT VENTURE AND FOR EACH SIGNATORY TO THE JOINT VENTURE AGREEMENT 1. Superintendent The following superintendent will be assigned to supervise the Work: YEARS IN SPECIAL CURRENT NAME QUALIFICATIONS OCCUPATION ________________ ____________________________ _____________ ____________________________ ____________________________ 2. Owned Equipment The following equipment is owned by Bidder, is in good working order, and is available for, and will be employed in, the Work: NOT FOR BID STATEMENT OF RESPONSIBILITY -2- NUMBER EQUIPMENT DESCRIPTION (INCLUDING AGE) AVAILABLE _______________________________________________ ___________ _______________________________________________ ___________ _______________________________________________ ___________ _______________________________________________ ___________ _______________________________________________ ___________ 3. Purchased Equipment The following equipment is known by Bidder to be available, will be purchased by Bidder, and will be employed in the Work: NUMBER EQUIPMENT DESCRIPTION (INCLUDING AGE) AVAILABLE _______________________________________________ ___________ _______________________________________________ ___________ _______________________________________________ ___________ _______________________________________________ ___________ _______________________________________________ ___________ 4. Leased Equipment The following equipment is known by Bidder to be available, will be leased by Bidder, and will be employed in the Work: NUMBER EQUIPMENT DESCRIPTION (INCLUDING AGE) AVAILABLE _______________________________________________ ___________ _______________________________________________ ___________ NOT FOR BID STATEMENT OF RESPONSIBILITY -3- NUMBER EQUIPMENT DESCRIPTION (INCLUDING AGE) AVAILABLE _______________________________________________ ___________ _______________________________________________ ___________ _______________________________________________ ___________ 5. Inventory The following materials and supplies are currently in Bidder’s inventory, are uncommitted to any other project, and will be employed in the Work: QUANTITY INVENTORY ITEM AVAILABLE _______________________________________________ ___________ _______________________________________________ ___________ _______________________________________________ ___________ 6. Subcontractors’ and Suppliers’ Commitments Bidder has entered into contracts for, or has received firm offers for, all subcontract work and all materials required to complete the Work except as noted and explained below: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 7. Subcontractor and Supplier Relations Bidder normally employs one or more of the following subcontractors or suppliers for projects such as the Work: TRADE SUBCONTRACTOR OR SUPPLIER OR TYPE _______________________________________________ ___________ _______________________________________________ ___________ _______________________________________________ ___________ _______________________________________________ ___________ NOT FOR BID STATEMENT OF RESPONSIBILITY -4- 8. Unions Bidder anticipates employing, either directly or through subcontractors, trades represented by the following union locals: CONTRACT TRADE UNION LOCAL EXPIRATION ________________ ________________ ____________ ________________ ________________ ____________ ________________ ________________ ____________ ________________ ________________ ____________ ________________ ________________ ____________ 9. Current Projects Bidder is currently involved in the following on-going construction projects and no others: PROJECTED DESCRIPTION COMPLETION CONTRACT OWNER OF WORK DATE BALANCE ________________ ___________ _______ ___________ ________________ ___________ _______ ___________ ________________ ___________ _______ ___________ ________________ ___________ _______ ___________ ________________ ___________ _______ ___________ 10. Status of Current Projects None of the current projects listed in Item 8 above are in default, subject to damages or penalties for delay, behind schedule or over budget except as noted and explained below: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ NOT FOR BID STATEMENT OF RESPONSIBILITY -5- 11. Potential Projects Bidder currently has outstanding bids or proposals on the following construction projects and no others: SCHEDULED DESCRIPTION CONTRACT APPROX. OWNER OF WORK TIME BID AMT. ________________ ___________ _______ ___________ ________________ ___________ _______ ___________ ________________ ___________ _______ ___________ ________________ ___________ _______ ___________ ________________ ___________ _______ ___________ 12. Contracts Abandoned Neither Bidder nor any predecessor organization has ever failed to complete a contract except as noted and explained below: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 13. Contract Defaults Neither Bidder nor any predecessor organization has ever defaulted on, or been terminated for cause on, a contract except as noted and explained below: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ NOT FOR BID STATEMENT OF RESPONSIBILITY -6- 14. Litigation Neither Bidder nor any predecessor organization is, or within the past five years has been involved as, a party to any litigation except as noted below: COURT DOCKET CASE NAME JURISDICTION NUMBER _____________________________________ __________ ________ _____________________________________ __________ ________ _____________________________________ __________ ________ _____________________________________ __________ ________ _____________________________________ __________ ________ 15. Financial Strength Provide copies of Bidder’s (or any predecessor organization’s) audited financial statements for the last two fiscal years, including, at a minimum, income statement, balance sheet and statement of changes in financial position, together with footnotes. In addition, complete the following Condensed Net Worth Statement as of the most recently ended calendar quarter: CONDENSED NET WORTH STATEMENT ASSETS 1. Cash ................................................................................................ $__________ 2. Stocks and Bonds ............................................................................. __________ 3. Notes Receivable ............................................................................. __________ 4. Accounts Receivable (including bid deposits & amounts accrued on uncompleted contracts) ................................. __________ 5. Accrued Interest ................................................................................ __________ 6. Real Estate ....................................................................................... __________ 7. Material Inventory ............................................................................. __________ 8. Equipment (depreciated value) .......................................................... __________ 9. Furniture and Fixtures (depreciated value) ........................................ __________ 10. Other Assets ..................................................................................... __________ Total Assets ............................................................... $__________ NOT FOR BID STATEMENT OF RESPONSIBILITY -7- LIABILITIES AND EQUITY 1. Notes Payable ................................................................................. $__________ 2. Accounts Payable ............................................................................. __________ 3. Mortgages Payable ........................................................................... __________ 4. Other Liabilities ................................................................................. __________ 5. Reserves .......................................................................................... __________ 6. Capital Stock .................................................................................... __________ 7. Surplus (net worth) ........................................................................... __________ Earned $__________ Unearned $__________ Total Liabilities and Equity ................................. $_________ 16. Joint Venture Documents If Bidder is a joint venture, provide a true and correct copy of Bidder’s Joint Venture Agreement, together with any and all agreements between the signatories thereto relating to the Bidder’s Proposal, the Work or the Contract. DATED this ______ day of ____________, 20___. Attest/Witness ___________________________________ Bidder By: ____________________________ By: ________________________________ Title: ____________________________ Title: _______________________________ Subscribed and Sworn to My Commission Expires: _________ before me this ____ day of _____________, 20___. _____________________________ [SEAL] Notary Public SEE GENERAL INSTRUCTIONS TO BIDDERS, SECTION 8, FOR SIGNATURE REQUIREMENTS NOT FOR BID -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS NOTICE OF AWARD LETTER FROM THE ENGINEER OR OWNER WILL BE SENT TO THE SUCCESSFUL BIDDER VIA EITHER USPS OR EMAIL NOT FOR BID VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS TABLE OF CONTENTS 1. Contract Agreement 2. Contractor’s Certification 3. Schedule of Prices 4. General Conditions of Contract 5. Special Conditions of Contract 6. Contract Drawings 7. Specifications 8. Form of Performance Bond 9. Form of Labor and Material Payment Bond 10. Prevailing Wage Ordinance 11. Addenda Nos. NOT FOR BID CONTRACT AGREEMENT BETWEEN VILLAGE OF OAK BROOK AND [NAME OF SUCCESSFUL BIDDER] FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS NOT FOR BID -i- CONTRACT AGREEMENT BETWEEN VILLAGE OF OAK BROOK AND [NAME OF SUCCESSFUL BIDDER] FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS TABLE OF CONTENTS Page ARTICLE I THE WORK ............................................................................................... 1 1.1 Performance of the Work ........................................................................... 1 1.2 Contract Documents .................................................................................. 2 1.3 Interpretation of Contract Documents ........................................................ 2 ARTICLE II CONTRACT TIME ..................................................................................... 4 2.1 Commencement Date ................................................................................ 4 2.2 Completion Date ........................................................................................ 4 2.3 Time of the Essence .................................................................................. 4 ARTICLE III CONTRACTOR’S WARRANTIES AND REPRESENTATIONS ................ 5 3.1 Warranties and Representations ............................................................... 5 3.2 Affirmation of Other Warranties and Representations ............................... 7 ARTICLE IV FINANCIAL ASSURANCES ..................................................................... 8 4.1 Bonds ......................................................................................................... 8 4.2 Insurance ................................................................................................... 8 4.3 Indemnification ........................................................................................... 9 4.4 Penalties .................................................................................................. 10 ARTICLE V CONTRACT PRICE AND PAYMENT ..................................................... 10 5.1 Contract Price .......................................................................................... 10 5.2 Acceptance as Full Payment and Satisfaction ......................................... 10 5.3 Method of Payment .................................................................................. 11 NOT FOR BID -ii- ARTICLE VI LEGAL RELATIONSHIPS AND REQUIREMENTS ................................ 11 6.1 Binding Effect ........................................................................................... 11 6.2 Relationship of the Parties ....................................................................... 11 6.3 Assignment .............................................................................................. 11 6.4 Confidential Information ........................................................................... 12 6.5 Publicity ................................................................................................... 13 6.6 No Waivers .............................................................................................. 13 6.7 No Third-Party Beneficiaries .................................................................... 14 6.8 Notices ..................................................................................................... 14 6.9 Governing Laws ....................................................................................... 15 6.10 Changes in Laws ..................................................................................... 15 6.11 Compliance with Laws and Grants .......................................................... 15 6.12 Compliance with Patents ......................................................................... 16 6.13 Severability .............................................................................................. 17 6.14 Entire Agreement ..................................................................................... 17 6.15 Amendments ............................................................................................ 17 6.16 Counterparts ............................................................................................ 18 NOT FOR BID -1- CONTRACT AGREEMENT BETWEEN VILLAGE OF OAK BROOK AND [NAME OF SUCCESSFUL BIDDER] FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS THIS CONTRACT AGREEMENT, made as of this day of , 2024, by and between the Village of Oak Brook 1200 Oak Brook Road, Oak Brook, Illinois 60523 a municipal corporation, and [NAME AND ADDRESS OF SUCCESSFUL BIDDER], a [FORM OF ORGANIZATION], W I T N E S S E T H: In consideration of the mutual promises contained in this Contract Agreement, it is agreed by and between Owner and Contractor as follows: ARTICLE I THE WORK 1.1 Performance of the Work Contractor shall, at its sole cost and expense: 1. Labor, Equipment, Materials, and Supplies. Provide, perform, and complete at the Work Site and 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 for the design, if any, construction, and installation of the Merry Lane Water Main Improvements, together with related attachments, equipment, and appurtenances thereto. 2. Permits. Unless otherwise stated in the Special Conditions of Contract, procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith. 3. Bonds and Insurance. Procure and furnish all Bonds and all certificates and policies of insurance specified in this Contract. 4. Taxes. Pay all applicable federal, state, and local taxes. NOT FOR BID CONTRACT AGREEMENT -2- 5. Miscellaneous. Do all other things required of Contractor by this Contract. 6. Quality. Provide, perform, and complete all of the foregoing in a proper and workmanlike manner, consistent with the highest standards of professional and construction practices and in full compliance with, and as required by or pursuant to, this Contract, and with the greatest economy, efficiency, and expedition consistent therewith. 1.2 Contract Documents The Contract Documents consist of the following component parts, all of which are attached to this Contract Agreement and are, by this reference, made a part of this Contract Agreement as though fully set forth herein: 1. Contractor’s Certification; 2. Schedule of Prices; 3. General Conditions of Contract; 4. Special Conditions of Contract; 5. Contract Drawings; 6. Specifications; 7. Form of Performance Bond; 8. Form of Labor and Material Payment Bond; 9. Prevailing Wage Ordinance; and 10. Addenda Nos. Engineer may, during construction, furnish to Contractor such additional Contract Drawings and Specifications or such other explanations as Engineer may consider necessary to illustrate or explain the Work in further detail. Contractor shall comply with the requirements of all such additional Contract Drawings and Specifications or other explanations, all of which shall be considered part of the Contract Documents and shall not be considered as indicating additional Work. 1.3 Interpretation of Contract Documents A. Definitions. Whenever used in this Contract Agreement or in the Contract Documents: 1. General Definitions. Except for the terms specially defined in Paragraph 1.3A2 below, all capitalized terms shall have the meanings given to them in Article VII of the General Conditions of Contract. 2. Special Definitions. The following capitalized terms shall have the following meanings: NOT FOR BID CONTRACT AGREEMENT -3- a. Contractor. The Person first identified above with whom Owner has executed this Contract Agreement and its duly authorized officers, employees, agents, and representatives. b. Engineer. _______________________, __________, ______, or such additional or different Person as Owner may from time to time designate in writing to perform any or all of the functions of the Engineer under this Contract as well as the duly authorized officers, employees, agents, and representatives of any such Person. c. Owner. Village of Oak Brook and its duly authorized officers, employees, agents, and representatives. d. Work. All matters described, exhibited, contemplated, implied, or embraced in this Article I of this Contract Agreement and in Article I of the General Conditions of Contract, including all risks and changes in the Work that Contractor is responsible for dealing with under this Contract without any equitable adjustment in the Contract Price or Contract Time, and all matters described, exhibited, contemplated, implied, or embraced in any Change Order issued pursuant to Section 2.1 of the General Conditions of Contract. e. Work Site. Merry Lane B. Rules of Interpretation. This Contract shall be interpreted so that: 1. Requirements Cumulative. Each requirement imposed on Contractor shall be cumulative of every other requirement imposed on Contractor, and any Work required to be performed by any one component part of this Contract shall be performed to the same extent as if required by all component parts of this Contract. 2. Details to be Assumed. The Work shall be provided, performed, and completed in every detail whether or not every item of detail is particularly set forth in the Contract Documents. 3. Priority of Contract Provisions. In the event of a discrepancy, error, omission, ambiguity, or conflict in the application or interpretation of any of the provisions of this Contract, the terms of this Contract Agreement and of the General Conditions of Contract shall govern over the terms and provisions of all other Contract Documents. 4. Engineer’s Interpretation. Subject to Paragraphs 1.3B1, B2, and B3 above, Engineer shall determine which provision or provisions of this Contract Agreement and the Contract Documents best promotes or promote the overall objectives, and best fulfill the intents and purposes, of this Contract, and such provision or provisions shall govern. Such determination of Engineer shall be final. C. Contractor’s Duty to Report Discrepancies. Contractor shall carefully review this Contract Agreement and each of the Contract Documents before performing NOT FOR BID CONTRACT AGREEMENT -4- the Work, and each part thereof, and shall promptly call to the attention of Engineer any discrepancy, error, omission, ambiguity, or conflict that may exist among any of the component parts of this Contract or among any of the provisions of any one of such component parts before proceeding with any part of the Work affected by such discrepancy, error, omission, ambiguity, or conflict. Contractor shall be responsible for all corrective Work required resulting from Contractor’s failure to give such notice and shall bear all damages and costs associated therewith, arising therefrom, or resulting from such matters first discovered during the progress of the Work, including, but not limited to, damages or costs resulting from, arising out of, or in any way related to, increases in time-related costs; increases in costs of labor, equipment, materials, or supplies; costs of additional personnel; costs of additional equipment; costs of additional premium time for personnel or equipment; lower labor productivity; lost profits or alternative income; effects on other contracts; and costs of demobilization and remobilization. Information pertaining to subsurface, underground or other concealed conditions or obstructions, soils analysis, borings, test pits, buried structures, utility locations or conditions, conditions of existing structures, and similar site information or data and other investigations shown or indicated on the Contract Drawings, provided by Owner or Engineer, or otherwise made available to Contractor is not part of this Contract and, therefore, any discrepancy, error, omission, ambiguity, or conflict in such site information or data does not constitute a discrepancy, error, omission, ambiguity, or conflict in this Contract. ARTICLE II CONTRACT TIME 2.1 Commencement Date Ten (10) days after execution of the Contract by Owner. Village anticipates work to start on or before April 8, 2024. 2.2 Completion Date Contractor shall diligently and continuously prosecute the Work from the Commencement Date at such a rate as will allow the Work to be fully provided, performed, and completed in full compliance with, and as required by or pursuant to, this Contract, and the Work shall be fully provided, performed, and substantially completed in full compliance with this Contract, not later than May 24, 2024. 2.3 Time of the Essence The time of commencement, rate of progress, and time of completion are of the essence of this Contract. NOT FOR BID CONTRACT AGREEMENT -5- ARTICLE III CONTRACTOR’S WARRANTIES AND REPRESENTATIONS 3.1 Warranties and Representations In order to induce Owner to enter into this Contract, Contractor hereby warrants and represents to Owner as follows: A. Review of Contract. Contractor has carefully examined, reviewed, and accepted this Contract Agreement and all of the Contract Documents prior to submission of its Bidder’s Proposal and execution of this Contract and there are no discrepancies, errors, omissions, ambiguities, or conflicts in this Contract that are material to Contractor’s provision, performance, or completion of the Work, the Contract Price or the Contract Time that have not already been clarified in writing by Owner to the satisfaction of Contractor. For claims based upon discrepancies, errors, omissions, ambiguities, or conflicts in this Contract, Contractor shall hereafter have no claim for payment or compensation in excess of the Contract Price based upon discrepancies, errors, omissions, ambiguities, or conflicts in this Contract. Contractor shall be entitled only to a possible extension of the Contract Time, if applicable, as provided in this Contract and then only in those cases where Contractor can show that such discrepancies, errors, omissions, ambiguities, or conflicts (1) could not have been discovered by Contractor prior to execution of this Contract or prior to the performance of any of the Work affected by such discrepancy, error, omission, ambiguity, or conflict and (2) has caused an unavoidable delay. Information pertaining to subsurface, underground or other concealed conditions or obstructions, soils analysis, borings, test pits, buried structures, utility locations or conditions, conditions of existing structures, and similar site information or data and other investigations shown or indicated on the Contract Drawings, provided by Owner or Engineer, or otherwise made available to Contractor is not part of this Contract and, therefore, shall not constitute the basis for claims based upon discrepancies, errors, omissions, ambiguities, or conflicts in this Contract. B. Investigation of Work Site. Contractor has had a sufficient opportunity to conduct a thorough inspection and investigation of the Work Site and the surrounding area and has completed such inspection and investigation to its satisfaction. Contractor has included in the Contract Price allowances and contingency amounts for difficulties or obstructions that may arise or be encountered in the performance of the Work, including without limitation adverse weather conditions, equipment breakdowns, subsurface, underground or other concealed conditions or obstructions, buried structures, utility locations or conditions, adverse soil conditions, and changed site conditions due to work by other contractors, and Contractor hereby waives all claims for, and hereafter shall have no claim for, payment or compensation in excess of the Contract Price based upon such difficulties or obstructions, or conditions at the Work Site or in the surrounding area except as expressly provided, and only to the limited extent set forth, in Sections 2.1 through 2.3 of the General Conditions of Contract. Contractor is responsible for dealing with conditions found at, and in the vicinity of, the Work Site, including subsurface, underground or other concealed conditions or obstructions, buried structures, utility NOT FOR BID CONTRACT AGREEMENT -6- locations or conditions, adverse soil conditions, changed conditions due to work by other contractors, and similar site conditions without any equitable adjustment in the Contract Price except as expressly provided, and only to the limited extent set forth, in Sections 2.1 through 2.3 of the General Conditions of Contract. C. Authorization; Enforceable Obligations. This Contract constitutes the legal, valid, and binding obligation of Contractor, is fully enforceable against Contractor in accordance with its terms, will not violate any judgment, Law, or organizational or operating document and will not cause or constitute a default under any contractual obligation of Contractor or any lien, charge, encumbrance, or security interest upon any assets of Contractor. D. Contractor’s Certification. All the facts and information submitted by Contractor in connection with this Contract and its procurement are true and correct in all respects and, in particular, the statements contained in Contractor’s Certification are true and correct. E. Technical Ability to Perform. Contractor 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. F. Financial Ability to Perform. Contractor is financially solvent, and Contractor has the financial resources necessary to provide, perform, and complete the Work in full compliance with, and as required by or pursuant to, this Contract. G. Time. Contractor is ready, willing, able, and prepared to begin the Work on the Commencement Date and 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. H. Acceptance of Allocation of Risks and Changes. Contractor acknowledges and agrees that risks are inherent in the Work of this Contract and changes are to be expected. Contractor acknowledges that this Contract contains specific allocations of responsibility for such risks and changes. Contractor acknowledges, agrees to, and accepts such risks and changes that are allocated to it and that Contractor is responsible for dealing with under this Contract without any equitable adjustment in the Contract Price or Contract Time. I. No Collusion. The only Persons interested in this Contract as principals are those disclosed as such in the Bidder’s Sworn Acknowledgment submitted to Owner by Contractor, and this Contract is made without collusion with any other Person. NOT FOR BID CONTRACT AGREEMENT -7- J. No Default. Contractor is not in arrears to Owner upon any debt or contract and is not a defaulter as surety, contractor, or otherwise to any Person. K. Not Barred. Contractor is not barred by law from contracting with Owner or with any unit of state or local government, 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 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. L. Taxes and Benefits. Contractor has excluded from the Contract Price all state and local sales, use, and excise taxes. Contractor has included in the Contract Price, and has or will pay or cause to be paid out of the Contract Price, 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 for Contractor’s and its Subcontractors’ employees. M. Patent Costs. Contractor has included in the Contract Price and has or will pay or cause to be paid out of the Contract Price, 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. 3.2 Affirmation of Other Warranties and Representations In addition to the foregoing warranties and representations, Contractor hereby acknowledges that Contractor has carefully read, reviewed, and understood, and hereby agrees to honor, the Warranty of the Work contained in Article III of the General Conditions of Contract as well as all other warranties and representations set forth in the Contract Documents. ARTICLE IV FINANCIAL ASSURANCES 4.1 Bonds A. Bonds Required. Contemporaneous with Contractor’s execution of this Contract Agreement, Contractor shall provide a Performance Bond and a Labor and Material Payment Bond, in the forms included in the Contract Documents, from a surety NOT FOR BID CONTRACT AGREEMENT -8- company licensed to do business in the State of Illinois with a general rating of A minus and a financial size category of Class X or better in Best’s Insurance Guide, each in the penal sum of the Contract Price, and such other bonds as and when required by Owner. Contractor shall, at all times while providing, performing, or completing the Work, including, without limitation, at all times while repairing, correcting, or replacing all or any part of the Work that is defective, damaged, flawed, unsuitable, nonconforming, or that fails to meet warranty subject to correction by Contractor pursuant to Section 3.1 or Section 3.2 of the General Conditions of Contract, maintain and keep in force, at Contractor’s expense, the Bonds required hereunder. B. No Release of Bond Obligations. No changes, modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances on the part of either Owner or Contractor to the other in or to the terms of this Contract, in or to the Contract Drawings or Specifications, in or to the schedules, methods, or manner of performance of the Work, in or to Owner-furnished facilities, equipment, materials, services, or sites, or in or to the mode or manner of payment therefor, shall operate in any way to release Contractor or any surety or affect the obligation of either of them under any Bond required to be provided by Contractor. All notice of any and all of the foregoing changes, modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances, and all notice of any and all defaults by Contractor, and all notice of Owner’s termination of Contractor shall be waived by every surety under every Bond provided pursuant to this Contract. 4.2 Insurance A. Insurance Required. Contemporaneous with Contractor’s execution of this Contract Agreement, Contractor shall provide certificates and policies of insurance evidencing the insurance coverages set forth in Article IV of the General Conditions of Contract and Section 4 of the Special Conditions of Contract. For good cause shown, Owner may extend the time for submission of the required policies of insurance upon such terms, and with such assurances of complete and prompt performance, as Owner may impose in the exercise of its sole discretion. B. Additional Insureds. The insurance coverages required pursuant to this Contract shall name Owner, including its Board members and elected and appointed officials, its officers, employees, agents, attorneys, consultants, and representatives, and the Persons identified in Section 4 of the Special Conditions of Contract as additional insured parties (the “Additional Insureds”). The coverage afforded the Additional Insureds shall be primary and non-contributory insurance for the Additional Insureds with respect to claims arising out of operations performed by or on behalf of Contractor. If the Additional Insureds have other insurance which is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurance companies’ liability under the insurance policies Contractor maintains shall not be reduced by the existence of such other insurance. NOT FOR BID CONTRACT AGREEMENT -9- 4.3 Indemnification Contractor shall indemnify, save harmless, and defend Owner, Engineer, and the Additional Insureds against any and all lawsuits, claims, demands, 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, or its Subcontractors’ or Suppliers’, 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 by the sole negligence of Owner, Engineer, or the Additional Insureds, as the case may be, including, without limitation lawsuits, claims, demands, liabilities, losses, and expenses for or on account of: 1. Any delays or interference or damage to other contractors; and 2. Labor, equipment, materials, or supplies furnished under this Contract, including all liens or notices of liens on account thereof or Contractor’s failure to remove or discharge same; and 3. Contractor’s failure to obtain any required permits, licenses, approvals, or authorizations; and 4. Bodily injury, sickness, disease, or death sustained by any Person or Persons or injury or damage to, or loss or destruction of, any property; and 5. Any act or omission of Contractor or any of its Subcontractors or Suppliers, including but not limited to any failure to fulfill the terms of, or comply with, any Laws or to pay any taxes, contributions, or premiums; and 6. Infringement, alleged infringement, or use of patent rights in connection with the Work and the use by Owner of any equipment, materials, supplies, processes, or inventions furnished under this Contract. The indemnification obligations of Contractor under this Section 4.3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any such Subcontractor or Supplier under workers’ compensation acts, disability benefit acts or other employee benefit acts. NOT FOR BID CONTRACT AGREEMENT -10- 4.4 Penalties Contractor shall be 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. Contractor may contest any such fines or penalties in administrative or court proceedings; provided, however, that Contractor shall pay such fines or civil penalties prior to such protest if payment is required prior to making such protest. Contractor shall be solely responsible for all costs, including attorneys’ fees and administrative expenses, of protesting any such fines or civil penalties. ARTICLE V CONTRACT PRICE AND PAYMENT 5.1 Contract Price Owner shall pay to Contractor, in full satisfaction for providing, performing, and completing the Work, including such risks and changes in the Work that Contractor is responsible for dealing with under this Contract without any equitable adjustment in the Contract Price, subject to any additions or deductions provided for in this Contract, in current funds, the lump sum amount or amounts, if any, stated in the Schedule of Prices and, for each acceptable unit of each Unit Price Item, if any, installed and complete in place, measured on the basis provided in the Contract Drawings and Specifications, the Unit Price for such Unit Price Item stated in the Schedule of Prices. 5.2 Acceptance as Full Payment and Satisfaction Contractor shall accept the Contract Price in full satisfaction and payment for well and faithfully providing, performing, and completing within the Contract Time all the Work in compliance with, and as required by or pursuant to, this Contract, including such risks and changes in the Work that Contractor is responsible for dealing with under this Contract without any equitable adjustment in the Contract Price or Contract Time. The acceptance by Contractor of Final Payment shall operate as a full and complete release of Owner and Engineer 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 or Engineer arising out of, relating to, or in connection with the Work, except the claim against Owner for the unpaid balance, if any, of any amounts retained by Owner pursuant to the Special Conditions of Contract. 5.3 Method of Payment Progress and Final Payments shall be made to Contractor in accordance with, and subject to the terms and conditions set forth in, Article V of the General Conditions of Contract. NOT FOR BID CONTRACT AGREEMENT -11- ARTICLE VI LEGAL RELATIONSHIPS AND REQUIREMENTS 6.1 Binding Effect This Contract shall be binding upon Owner and Contractor and upon their respective heirs, executors, administrators, personal representatives, and permitted successors and assigns. Contractor agrees that if Contractor is a joint venture, then each Person participating in such joint venture shall be individually, personally, severally, and jointly responsible and liable, financially, legally, and in all other respects, for the full and proper performance of each and every provision and requirement of this Contract, notwithstanding any arrangement, understanding, or agreement to the contrary, if any, whether disclosed to Owner or not, entered into by, between or among the Persons participating in such joint venture. 6.2 Relationship of the Parties Contractor, and its Subcontractors and Suppliers, shall act as independent contractors in providing, performing, and completing the Work. No right of supervision, requirement of approval, or other provision of this Contract and no subsequent conduct of Owner or Contractor shall 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 6.6B6 of the General Conditions of Contract, to create any relationship between Owner and any Subcontractor or Supplier of Contractor. The rights of Owner under this Contract, either directly or through Engineer, in the control of the quality and completeness of the Work shall not make Contractor, or any Subcontractor or Supplier of Contractor, an agent of Owner, and the liability of Contractor, and of all Subcontractors and Suppliers of Contractor, for all damages to persons or to public or private property arising from the provision, performance, or completion of the Work by Contractor, or any Subcontractor or Supplier of Contractor, shall not be lessened because of the existence, exercise, or the non-exercise of such rights. 6.3 Assignment A. Assignment by Contractor. Contractor shall 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 consent of Owner, which consent may be withheld in the sole and unfettered discretion of Owner; provided, however, that Owner’s prior written consent shall 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. Any attempted or purported assignment made by Contractor without the written consent of Owner shall be void and of no force or effect and shall constitute a default under this Contract for which Owner shall have the right to invoke any of its remedies under Section 6.6 of the General Conditions of Contract. In no event shall Owner’s NOT FOR BID CONTRACT AGREEMENT -12- consent to any assignment of this Contract or of any of Contractor’s rights under this Contract, whether in whole or in part, operate as a release or satisfaction of Contractor’s responsibility and liability for the provision, performance, and completion of the Work in full compliance with the requirements of this Contract on or before the Completion Date, or for the proper performance of all other obligations of Contractor under this Contract, or for Contractor’s liability on all representations and warranties made in or pursuant to this Contract. Contractor shall remain as fully responsible and liable for the acts, omissions, and performance of Contractor’s assignee as Contractor is for its own acts, omissions, and performance. B. Assignment by Owner. 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. In the event of an assignment by Owner of any or all of its rights or obligations under this Contract, Owner shall be released from all liability with respect to the rights or obligations so assigned. 6.4 Confidential Information All information supplied by Owner or Engineer to Contractor for or in connection with this Contract or the Work shall be held confidential by Contractor and shall not, without the prior express written consent of Owner, be used for any purpose other than performance of the Work. Neither Contractor nor any Subcontractor or Supplier shall own or be entitled to claim a copyright in the Contract or other documents prepared by Owner or Engineer. Contractor shall identify any information supplied by it in providing, performing, and completing the Work that is considered by it to be confidential or proprietary. Owner and Engineer shall not disclose any such designated confidential or proprietary information, unless such disclosure will not cause competitive harm, or such information was actually known to Owner or Engineer prior to its submission by Contractor, or such information was properly obtained or developed independently by Owner or Engineer, or Contractor consents to such disclosure. Notwithstanding the foregoing, Contractor acknowledges that Owner is subject to the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., and that no disclosure made in good faith by Owner pursuant to such Act shall be deemed to violate this Section. 6.5 Publicity Owner’s name or insignia, photographs of the Work or the Work Site, or any other publicity pertaining to the Work shall not be used in any magazine, trade paper, newspaper, or other medium without the express written consent of Owner. By entering the Work Site, Contractor personnel, including Subcontractor and Supplier personnel, irrevocably authorize and grant to Owner, and to its successors, agents, representatives, and assigns, the irrevocable and unrestricted right, permission, and authority to: NOT FOR BID CONTRACT AGREEMENT -13- 1. Use the likeness and/or voice of such personnel in photographs, time-lapse photography, film, video, digital recordings, and other media in any magazine, trade paper, newspaper, or other medium, whether now known or hereafter existing, including newsletters, brochures, viewbooks, movies, tapes, diskettes, promotional items, and websites, without prior approval or inspection, without payment, compensation, or any other consideration, including royalties, and without liability; and 2. Use, edit, alter, copy, exhibit, publish, broadcast, distribute, and otherwise reproduce, modify, and display such likenesses and/or voices, in whole or in part, for purposes of publicizing Owner’s activities and for any other lawful purpose in any manner, media, and medium. Contractor shall, upon request of Owner, execute, acknowledge, and deliver such further instruments and take such action as may be necessary, desirable, or proper to carry out more effectively the purposes of this Section 6.5. 6.6 No Waivers No examination, inspection, investigation, test, measurement, review, determination, decision, certificate or approval by Owner or Engineer, 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 or Engineer shall 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. No notices required to be given to Owner under this Contract are intended to be waived by Owner, and no action or inaction by Owner or Engineer shall be construed as waiving any such notice. NOT FOR BID CONTRACT AGREEMENT -14- 6.7 No Third-Party Beneficiaries No claim as a third-party beneficiary under this Contract by any Person other than Contractor shall be made or be valid against Owner and Owner shall not be liable for or be held to pay any money to any such Person. 6.8 Notices All notices required or permitted to be given under this Contract shall be in writing and shall be 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 shall be addressed to, and delivered at, the following address: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Attention: Tim O’Malley Interim Public Works Director Notices and communications to Contractor shall be addressed to, and delivered at, the following address: Attention: The foregoing shall 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 shall 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 shall be effective until actually received. 6.9 Governing Laws This Contract and the rights of Owner and Contractor under this Contract shall 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 the Circuit Court of DuPage County, Illinois. NOT FOR BID CONTRACT AGREEMENT -15- 6.10 Changes in Laws Unless otherwise explicitly provided in this Contract, any reference to Laws shall include such Laws as they may be amended or modified from time to time. 6.11 Compliance with Laws and Grants A. Compliance with Laws. Contractor shall 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 the requirements of all governmental permits, licenses, or other approvals or authorizations that may be required in connection with providing, performing, and completing the Work and with all applicable Laws, including, without limitation, the Prevailing Wage Act, 820 ILCS 130/0.01 et seq. (if the Illinois Department of Labor revises the prevailing rate of hourly wages to be paid, the revised rate shall apply to this Contract); any other prevailing wages Laws; the Fair Labor Standards Act; any Laws regarding qualification to do business; any Laws requiring preference to laborers of specified classes; the Steel Products Procurement Act, 30 ILCS 565/1 et seq.; any Laws prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. and the Public Works Employment Discrimination Act, 775 ILCS 10/1 et seq.; any Laws respecting the assumption of liability for taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits for Contractor’s and Subcontractors’ employees; and any Laws regarding safety or the performance of the Work, including the Illinois Structural Work Act, the Illinois Underground Utility Facilities Damage Prevention Act, and the Occupational Safety and Health Act. Contractor shall keep itself fully informed of all Laws affecting this Contract; affecting those engaged or employed on the Work; affecting the equipment, materials, and supplies used in the Work; affecting the conduct of the Work; and affecting the rights, duties, powers, or obligations of Owner or of Contractor; and shall also keep itself fully informed of all orders, decrees, and other requirements of bodies or tribunals having any jurisdiction or authority over any of the foregoing. Contractor shall display all permits, licenses, and other approvals and authorizations as required by Law. B. Compliance by Subcontractors and Suppliers. Contractor shall, at all times, cause all of its Subcontractors and Suppliers to observe and comply with all such Laws. C. Noncompliance of Contract Documents. Contractor shall promptly examine the Contract Drawings and Specifications and other Contract Documents and report to Owner any respects in which it appears that any of them may fail to conform to any applicable Laws. D. Verification of Compliance. At or before the time of Owner’s Final Acceptance of the Work, Contractor shall deliver to Owner all certificates, receipts, or NOT FOR BID CONTRACT AGREEMENT -16- other evidences of approval, acceptance, or payment of fees that may be required to establish the compliance of the Work with all applicable Laws, permits, licenses, approvals, authorizations, or other requirements. E. Provisions Deemed Inserted. Each and every provision required by Law to be inserted in this Contract shall be deemed to be inserted herein, and this Contract shall be read and enforced as though all such provisions were set out in full in this Contract. If through mistake or otherwise any such provision is not set out in this Contract, or is not correctly set out in this Contract, then upon the application of either Owner or Contractor, this Contract shall forthwith be physically amended to correctly set out such provision. F. Compliance With Grant Conditions. Contractor shall comply with all conditions of, and all Laws applicable to, and all policies, practices, and procedures of Owner applicable to, any federal, state, or local grant received by Owner or by Contractor at any time with respect to this Contract or with respect to the provision, performance, or completion of the Work. G. Regulatory Authority. Nothing in this Contract shall be construed to waive or limit any aspect of Owner's lawful authority to regulate the activities of Contractor, its Subcontractors, or any other Person or to regulate the Work, the Work Site, or any other matter falling within its lawful regulatory jurisdiction and powers. No review, inspection, test, audit, measurement, order, determination, decision, disapproval, approval, payment for, or use or acceptance of, the Work, or any other act or omission of Owner shall imply, create any interest in, be deemed to be the issuance of, or require Owner to issue any license or permit to Contractor or any Subcontractor. 6.12 Compliance with Patents A. Patent Rights. Contractor shall do all things necessary to obtain such rights and licenses as may be necessary in connection with 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 shall 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 shall pay such royalties and secure such valid licenses as may be requisite and necessary for Owner to use such equipment, materials, supplies, tools, appliances, devices, processes, or inventions without being disturbed or in any way interfered with by any proceeding in law NOT FOR BID CONTRACT AGREEMENT -17- 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 shall 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. 6.13 Severability The provisions of this Contract shall be interpreted when possible, to sustain their legality and enforceability as a whole. In the event any provision of this Contract shall be 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, shall be in any way affected thereby. The unenforceability of any provision of this Contract in a specific situation shall not affect the enforceability of that provision in any other situation. 6.14 Entire Agreement This Contract sets forth the entire agreement of Owner and Contractor with respect to the accomplishment of the Work and the payment of the Contract Price therefor, and there are no other understandings or agreements, oral or written, between Owner and Contractor with respect to the Work and the compensation therefor, nor was the making and execution of this Contract induced by any representation, statement, warranty, agreement, or action other than those expressed or explicitly referenced herein. 6.15 Amendments No modification, addition, deletion, revision, alteration or other change to this Contract shall be effective unless and until such change is reduced to writing and executed and delivered by Owner and Contractor. 6.16 Counterparts This Contract is being executed in five original counterparts, each of which shall be deemed to be an original. IN WITNESS WHEREOF, Owner and Contractor have caused this Contract Agreement to be executed as of the day and year first written above. Attest/Witness: VILLAGE OF OAK BROOK By: ______________________ By: ________________________________ Title: Village Clerk Title: Village Manager NOT FOR BID CONTRACT AGREEMENT -18- Attest/Witness: [NAME OF SUCCESSFUL BIDDER] By: ______________________ By: ________________________________ [NAME OF CONTRACTOR’S EXECUTING OFFICER] Title: ______________________ Title: [TITLE OF CONTRACTOR'S EXECUTING OFFICER] SEE GENERAL INSTRUCTIONS TO BIDDERS, SECTION 8, FOR SIGNATURE REQUIREMENTS NOT FOR BID STATE OF ILLINOIS ) ) SS COUNTY OF __________ ) CONTRACTOR’S CERTIFICATION [CONTRACTOR’S EXECUTING OFFICER], being first duly sworn on oath, deposes and states that all statements made herein are made on behalf of Contractor, that this deponent is authorized to make them, and that the statements contained herein are true and correct. Contractor deposes, states, and certifies that Contractor is not barred from contracting with a unit of state or local government as a result of (i) a violation of either Section 33E-3 or Section 33E-4 of Article 33 of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq.; or (ii) a violation of the USA Patriot Act of 2001, 107 Public Law 56 (October 26, 2001) (the “Patriot Act”) or other statutes, orders, rules, and regulations of the United States government and its various executive departments, agencies and offices related to the subject matter of the Patriot Act, including, but not limited to, Executive Order 13224 effective September 24, 2001. DATED this day of , 2024. Attest/Witness: [NAME OF SUCCESSFUL BIDDER] By: ______________________ By: ________________________________ [NAME OF CONTRACTOR’S EXECUTING OFFICER] Title: ______________________ Title: [TITLE OF CONTRACTOR'S EXECUTING OFFICER] Subscribed and Sworn to My Commission Expires: ________________ before me this ____ day of _____________, 2024. _____________________________ [SEAL] Notary Public SEE GENERAL INSTRUCTIONS TO BIDDERS, SECTION 8, FOR SIGNATURE REQUIREMENTS NOT FOR BID VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS SCHEDULE OF PRICES [TO BE INSERTED FROM THE BIDDER'S PROPOSAL OF THE SUCCESSFUL BIDDER TO WHOM THIS CONTRACT IS AWARDED] NOT FOR BID -i- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS GENERAL CONDITIONS OF CONTRACT TABLE OF CONTENTS Page ARTICLE I PERFORMANCE OF THE WORK ............................................................ 1 1.1 Performance Standards and Obligations ................................................... 1 1.2 Engineer’s Authority ................................................................................... 4 1.3 Required Submittals .................................................................................. 5 1.4 Administration of the Work ......................................................................... 7 1.5 Conditions at the Work Site; Record Drawings .......................................... 8 1.6 Safety of the Work Site .............................................................................. 9 1.7 Cleanliness of the Work Site and Environs .............................................. 11 1.8 Damage to the Work, the Work Site, and Other Property ........................ 12 1.9 Subcontractors and Suppliers .................................................................. 12 1.10 Simultaneous Work by Others ................................................................. 15 1.11 Occupancy Prior to Final Payment .......................................................... 16 1.12 Suspension or Termination of Work for Convenience .............................. 17 1.13 Charge for Overtime Engineering ............................................................ 17 ARTICLE II CHANGES AND DELAYS ....................................................................... 18 2.1 Changes .................................................................................................. 18 2.2 Equitable Adjustments ............................................................................. 19 2.3 Contract Price Adjustments ..................................................................... 20 2.4 Extensions of Contract Time .................................................................... 24 2.5 Constructive Change Orders ................................................................... 25 2.6 No Waiver and Release ........................................................................... 26 2.7 No Other Compensation .......................................................................... 26 2.8 Specific References Exemplary ............................................................... 27 ARTICLE III CONTRACTOR’S RESPONSIBILITY FOR DEFECTIVE WORK ........... 27 3.1 Inspection; Testing; Correction of Defects ............................................... 27 3.2 Warranty of Work ..................................................................................... 28 3.3 Contractor Duty to Correct Without Delay ................................................ 29 3.4 Owner’s Right to Correct .......................................................................... 29 3.5 Subcontractor and Supplier Warranties ................................................... 29 NOT FOR BID -ii- ARTICLE IV INSURANCE ......................................................................................... 30 4.1 Required Coverages ................................................................................ 30 4.2 Insurance Companies and Policies .......................................................... 30 4.3 Minimum Coverages ................................................................................ 31 4.4 Additional Coverages ............................................................................... 33 4.5 Subcontractor Insurance .......................................................................... 33 ARTICLE V PAYMENT .............................................................................................. 34 5.1 Progress Payments ................................................................................. 34 5.2 Final Acceptance and Final Payment ...................................................... 36 5.3 Title to Work and Liens ............................................................................ 38 5.4 Deductions ............................................................................................... 39 5.5 Application of Payments .......................................................................... 39 5.6 Work Entire .............................................................................................. 39 ARTICLE VI DISPUTES AND REMEDIES ................................................................ 40 6.1 Notice of Dispute ..................................................................................... 40 6.2 Negotiation of Disputed Decisions ........................................................... 40 6.3 Owner’s Final Decision ............................................................................ 40 6.4 Contractor’s Final Demand ...................................................................... 41 6.5 Contractor’s Remedies ............................................................................ 41 6.6 Owner’s Remedies .................................................................................. 41 ARTICLE VII DEFINITIONS ....................................................................................... 44 7.1 Defined Terms ......................................................................................... 44 7.2 Word Usage ............................................................................................. 48 NOT FOR BID -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS GENERAL CONDITIONS OF CONTRACT ARTICLE I PERFORMANCE OF THE WORK 1.1 Performance Standards and Obligations A. Quality of Work. 1. General Standard. All Work shall be provided, performed, and completed in a proper and workmanlike manner, consistent with the highest standards of professional and construction practices and in full compliance with, and as required by or pursuant to, this Contract, and with the greatest economy, efficiency, and expedition consistent therewith. All equipment, materials, and supplies incorporated into the Work shall be new and undamaged and shall be the best of their respective kinds for their intended use. 2. Referenced Standards. References to standards, specifications, manuals, or codes of any technical society, organization, or association, or to codes of local, state, or federal authorities, shall mean the latest standard, specification, manual or code adopted and published at the date of the Bidder’s Proposal, unless specifically stated otherwise. However, no provision of any referenced standard, specification, manual or code shall change the duties and responsibilities of Owner, Engineer, or Contractor from those set forth in this Contract. 3. Proprietary Standards and Equivalency. 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 shall be understood as establishing the type, function and quality desired. Other manufacturers or vendors’ products may be accepted, provided sufficient information is submitted to allow Engineer to determine that the products proposed are equivalent in substance and function to those named. The equivalency of any product proposed shall be determined by Engineer, in its sole and absolute discretion, and no such product shall be purchased, fabricated, or installed until equivalency shall have been determined, in writing, by Engineer. Engineer’s written decision with respect to equivalency shall be final. NOT FOR BID GENERAL CONDITIONS -2- B. Timeliness of Work. 1. Time is of the Essence. The time of beginning, rate of progress, and time of completion of the Work is of the essence of this Contract. Contractor shall be solely responsible for completing the Work in a timely fashion. Contractor shall promptly, continuously, diligently, vigorously, and systematically provide and perform the Work, and all component parts of the Work, within such time or times as may be set forth in this Contract or in the Approved Schedule and to the ends that, and at a rate, with due allowances and contingencies for difficulties or obstructions that may arise out of, or be encountered as a result of, adverse weather conditions, equipment breakdowns, subsurface, underground or other concealed conditions or obstructions, buried structures, utility locations or conditions, adverse soil conditions, and changed site conditions due to work by other contractors, that assures that, all Work, and all component parts of the Work, will be completed and ready for inspection and testing when required pursuant to this Contract and that all Work will be completed in full compliance with, and as required by or pursuant to, this Contract within the Contract Time. Contractor shall cooperate with Owner and Engineer to assure maximum coordination and efficiency in the progress of the Work. 2. Approved Schedule. Unless otherwise provided in the Special Conditions of Contract or the Specifications, Contractor shall submit to Engineer, within 30 Days after the execution of this Contract, a detailed schedule of the Work showing the time of beginning and completion for at least every major component of the Work. Such schedule shall be presented in graphical form using the bar graph method or a time-sequence method, but not a critical path method. Such schedule shall logically and realistically relate the performance of each component of the Work to each other component of the Work and to the whole of the Work so as to demonstrate that sufficient time has been allowed for the completion of each component without interference or delay from or to any other component and with due allowances and contingencies for difficulties or obstructions that may arise out of, or be encountered as a result of, adverse weather conditions, equipment breakdowns, subsurface, underground or other concealed conditions or obstructions, buried structures, utility locations or conditions, adverse soil conditions, and changed site conditions due to work by other contractors. The schedule shall demonstrate Contractor’s ability to comply with the requirements of Paragraph 1.1B1 above. Engineer shall return a copy of the schedule to Contractor with such exceptions noted as Engineer may deem appropriate and Contractor shall submit a revised schedule to Engineer within two business days. If acceptable, Engineer shall return a copy of the schedule to Contractor with no exceptions noted or an equivalent notation (“Approved Schedule”). Engineer may require the Approved Schedule to be revised or updated as frequently as Engineer may deem necessary prior to Final Acceptance of the Work. 3. No Liability. Review and stamping of any Approved Schedule by Engineer shall not constitute approval or acceptance of the schedule or an extension or waiver of the Contract Time and no review by Engineer, no noting of an exception by Engineer, and no failure to note an exception by Engineer shall relieve Contractor of the NOT FOR BID GENERAL CONDITIONS -3- entire responsibility for the performance of the Work in full compliance with the requirements of this Contract within the Contract Time. Engineer’s review and stamping, with or without exceptions noted, of any Approved Schedule shall not be regarded as an any assumption of risk or liability by Owner or Engineer. Contractor shall have no claim under this Contract on account of any error, omission, or defect in, or revealed by, any Approved Schedule so reviewed and stamped, or any failure, partial failure, or inefficiency of any Approved Schedule so reviewed and stamped. Engineer’s stamping of any Approved Schedule with no exception noted or an equivalent notation shall be considered to mean merely that Engineer has no objection to Contractor proceeding, upon its own full responsibility and liability, with the schedule or schedules proposed. 4. Acceleration. If, at any time, the Work, or any component part of the Work, is behind the Approved Schedule, Contractor shall initiate immediate and definite procedures for accelerating the Work as required to bring the Work, and all component parts of the Work, into compliance with the Approved Schedule. Owner shall not be subject to any claims, demands, or liability for Contractor’s acceleration damages or costs incurred to keep the Work in compliance with the Approved Schedule, including, but not limited to, damages or costs resulting from, arising out of, or in any way related to increases in time- related costs; increases in costs of labor, equipment, materials, or supplies; costs of additional personnel; costs of additional equipment; costs of additional premium time for personnel or equipment; increase in costs for Bond or insurance premiums; lower labor productivity; lost profits or alternative income; effects on other contracts; and costs of demobilization and remobilization. Failure of Owner or Engineer to inform Contractor that Contractor is behind the Approved Schedule or to direct and enforce procedures to ensure compliance with the Approved Schedule shall not relieve Contractor of the entire responsibility for the performance of the Work in full compliance with the requirements of this Contract within the Contract Time. 5. Owner’s Right to Perform Work. Any failure of Contractor to comply with this Subsection 1.1B shall entitle Owner to perform or have performed all Work necessary for compliance with this Subsection and to withhold or recover from Contractor the cost of such Work. C. Completeness of Work. Except for such items as are expressly and specifically required by this Contract to be furnished by Owner, Contractor shall provide at the Work Site, and at no charge to Owner other than the Contract Price, all personnel, equipment, materials, supplies, and other things required to provide, perform and complete the Work described, shown, or reasonably implied, or inferred from prevailing custom or trade usage as being required to produce the results intended, in this Contract. If any personnel, equipment, materials, or supplies that are not directly or indirectly set forth in this Contract are nevertheless necessary to the proper provision, performance, and completion of the whole of the Work in accordance with the intent of this Contract, Contractor shall understand such personnel, equipment, materials, or supplies to be implied and shall provide such personnel, equipment, materials, or supplies as fully as if it were particularly described. Without limiting the foregoing, Contractor, at its sole cost and expense, shall: (1) arrange for a supply of water, heat, light, power, NOT FOR BID GENERAL CONDITIONS -4- telecommunications, and other services needed for the Work and for testing, including the installation of temporary utility lines, wiring, switches, fixtures, hoses, connections, and meters; (2) provide and maintain sanitary conveniences of sufficient number to accommodate all workers and all personnel of Owner and Engineer engaged in or about the Work; and (3) provide and maintain a clean, weather-tight office, temporary in character, at a central location at the Work Site, with telephone facilities and service, for use as a field office by Contractor, for storage of Contract Drawings and Specifications, for storage of permits and Required Submittals reviewed with no exception noted, and for shelter of workers. D. Conformity of Work. Contractor shall, at no increase in the Contract Price, provide workmanship, equipment, materials, and supplies that fully conform to this Contract, notwithstanding the fact that Contractor may have based its Bidder’s Proposal on workmanship, equipment, materials, or supplies that do not so conform. When the equipment, materials, or supplies furnished by Contractor cannot be installed as specified in the Contract Drawings or Specifications, Contractor shall, without any increase in the Contract Price, make all modifications required to properly install the equipment, materials, or supplies. Any such modification shall be subject to the prior review and consent of Engineer. 1.2 Engineer’s Authority Engineer has been employed as an independent contractor to represent Owner during the term of this Contract and to observe the Work in progress on behalf of Owner. To prevent delays and disputes and to discourage litigation, it is agreed by Owner and Contractor that Engineer shall, in all cases, determine the amount, quality, acceptability, and fitness of the several kinds of Work that are to be paid for under this Contract; determine all disputes in relation to the true construction, meaning, and intent of the Contract Drawings and Specifications; and determine all disputes in relation to the execution of the Work, the classifications and measurements of quantities and materials, the suitability of equipment, materials, and supplies, and the fulfillment of this Contract. In interpreting this Contract, Engineer shall be subject to Section 1.3 of the Contract Agreement. Engineer shall have the power to reject or condemn all Work that is defective, flawed, unsuitable, or nonconforming to the terms of this Contract. Engineer’s determination in all matters shall be a condition precedent to an appeal by Contractor to Owner, to the right of Contractor to receive, demand, or claim any money or other compensation under this Contract, and to any liability on the part of Owner to Contractor on account of this Contract. 1.3 Required Submittals A. Submittals Required. Contractor shall submit to Engineer all documents, data, and information specifically required to be submitted by Contractor NOT FOR BID GENERAL CONDITIONS -5- under this Contract and shall, in addition, submit to Engineer all such drawings, specifications, descriptive information, and engineering documents, data, and information as may be required, or as may be requested by Engineer, 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 shall include, but shall not be limited to, the kind, size, arrangement and operations of component materials and devices; the external connections, anchorages, and supports required; performance characteristics; test data; concrete reinforcement; structural details; dimensions needed for installation and correlation with other equipment, materials, and supplies; principal dimensions, weight, structural and operating features; space required; clearances; utility connections; wiring and control diagrams; type and/or brand of finish or shop coat; adequate operation and maintenance information for all equipment requiring maintenance or other attention; and all similar matters, for all components of the Work. When it is customary to do so, when the dimensions are of particular importance, or for equipment and materials, the Required Submittals shall be certified by the Supplier as correct for, and in full compliance with, this Contract and meeting intended functions. B. Number and Format. Except as otherwise provided in the Specifications: Contractor shall provide seven complete sets for each Required Submittal with suitable identification; all Required Submittals, except drawings, shall be prepared on white 8-1/2 inch by 11 inch paper; all prints of drawings shall be folded to 8-1/2 inches by 11 inches, or less; and all drawings shall be clearly marked in the lower right-hand corner with the names of Owner, Engineer, and Contractor. C. Verification by Contractor. Contractor shall be responsible for obtaining Required Submittals complying with the foregoing from its Subcontractors and Suppliers and returning reviewed documents to them. Contractor shall check and approve all Required Submittals before submitting them to Engineer for review. Contractor shall check and verify, or resubmit for correction, all Required Submittals prepared by a Subcontractor or Supplier, before submitting them to Engineer. Verification and submission of Required Submittals by Contractor shall be deemed to mean that Contractor has, in fact, reviewed and coordinated the information in the Required Submittals with the requirements of the Work and this Contract. Any Required Submittals submitted to Engineer which have not been checked, reviewed, and stamped “Verified by Contractor” (or its equivalent), will be returned unprocessed. D. Time of Submission. All Required Submittals shall be provided to Engineer 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 Engineer’s sole opinion, to permit Engineer 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. E. Engineer’s Review. Engineer shall review all Required Submittals as soon as reasonably possible after their submission and shall have the right to require NOT FOR BID GENERAL CONDITIONS -6- resubmittal of, and such corrections in and additions to, any or all Required Submittals as may be necessary to make the Required Submittals conform to this Contract. F. Responsibility for Delay and Costs of Additional Review. Contractor shall be responsible for any delay in the Work due to delay in providing Required Submittals conforming to this Contract. In the event more than one re-submittal of any Required Submittal is necessary to make such Required Submittal conform to this Contract, Contractor shall be charged the total cost incurred by Engineer for all subsequent reviews of Required Submittals. If the amount due Contractor is not sufficient to cover such costs, Contractor shall reimburse Owner for such costs upon demand. G. Condition Precedent to Performance of Work. No Work with respect to which any Required Submittal is required or has been requested, and no Work dependent on any such Work, shall be provided or performed unless and until the Required Submittal for such Work has been reviewed and stamped by Engineer with no exception noted or an equivalent notation. No equipment, materials, or supplies shall be purchased, fabricated, or installed until all Required Submittals pertaining thereto have been reviewed and stamped by Engineer with no exception noted or an equivalent notation. Where samples are required, the samples reviewed and stamped by Engineer with no exception noted or its equivalent notation shall be kept at the Work Site for comparison with, and to establish the standards of acceptance for, equipment, materials or supplies proposed for incorporation into the Work. H. Incorporation After Review With No Exception Noted. Every Required Submittal that is reviewed and stamped by Engineer with no exception noted or an equivalent notation shall immediately thereupon become a part of the Contract Documents, and the Work shown or described thereby shall be performed in conformity therewith unless otherwise required by Engineer. I. No Liability. Review and stamping of any Required Submittal by Engineer shall be for the sole purpose of examining the general arrangement, design, and details of the proposed Work, and no review by Engineer, no noting of an exception by Engineer, and no failure to note an exception by Engineer shall relieve Contractor of the entire responsibility for the performance of the Work in full compliance with the requirements of this Contract. Engineer’s review and stamping, with or without exceptions noted, of any Required Submittal shall not constitute an approval of any part of the Work shown in such Required Submittal and shall not be regarded as any assumption of risk or liability by Owner or Engineer. Contractor shall have no claim under this Contract on account of any error, omission or defect in, or revealed by, any Required Submittal so reviewed and stamped. Engineer’s stamping of any Required Submittal with no exception noted or an equivalent notation shall be considered to mean merely that Engineer has no objection to Contractor proceeding, upon its own full responsibility and liability, with the Work as shown on such Required Submittal. NOT FOR BID GENERAL CONDITIONS -7- 1.4 Administration of the Work A. Contractor’s Duty to Administer the Work. Contractor shall have full and sole responsibility for administration of the Work. Contractor’s field organization shall include fully qualified and adequate management, supervisory and technical personnel to insure competent and expeditious handling of all matters related to the Work. Contractor shall have full and sole responsibility for keeping all personnel, equipment, materials, supplies, and other things required to provide, perform, and complete the Work within the designated construction area limits of the Work Site and out of areas not designated for Contractor’s use. On all other lands, Contractor shall have no rights unless it obtains them from the proper parties. Owner shall have the authority to order Contractor to remove from the Work Site any of Contractor’s employees or any Subcontractors’ employees who fail to discharge responsibilities, refuse to obey instructions, or who are incompetent, abusive, threatening, or disorderly in their conduct. Any such Person so removed shall not be employed again on the Work. No adjustment in the Contract Price or Contract Time shall be made as a result of such removal. All Subcontractors and Suppliers shall be directly responsible to Contractor and shall be subject to Contractor’s supervision and control. Contractor shall have the duty to coordinate all Subcontractors and Suppliers so as to avoid hindrance or interference among them and to ensure that the Work will be completed in full compliance with, and as required by or pursuant to, this Contract and within the Contract Time. Contractor shall attend and shall cause any Subcontractor or Suppliers whose attendance is requested to attend, any pre-construction meetings or construction progress meetings as may be necessary for the orderly performance of the Work, as determined by Owner or Engineer. B. Contractor’s Superintendent. Contractor shall appoint and employ throughout the performance of the Work a competent superintendent who shall be approved by Owner in writing and who shall have complete charge of the Work on behalf of Contractor. Contractor’s superintendent shall be at the Work Site at all times during performance of the Work. Contractor shall, before beginning the Work, and at all times during the performance of the Work, keep Owner advised in writing of such superintendent’s name and address, and of telephone numbers where such superintendent may be reached at all times. Such superintendent shall not be changed without the consent of Owner unless the individual serving in that capacity leaves Contractor’s employ or becomes unable to serve due to circumstances beyond the control of Contractor, which shall in no event be construed to include the necessity of employing such Person on any other contract or work. Any substitute superintendent proposed by Contractor shall be approved by Owner in writing. In any case where Owner determines the performance of Contractor’s superintendent is unsatisfactory or unacceptable to Owner, Owner shall have the right to require Contractor to remove such superintendent and to replace such superintendent with a new superintendent satisfactory to Owner. NOT FOR BID GENERAL CONDITIONS -8- 1.5 Conditions at the Work Site; Record Drawings Contractor shall be fully responsible for conditions found at, and in the vicinity of, the Work Site. Contractor shall have no claim for damages, for compensation in excess of the Contract Price except as expressly provided, and only to the limited extent set forth, in Sections 2.1 through 2.3 of these General Conditions of Contract, 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 or obstructions, soils analysis, borings, test pits, buried structures, utility locations or conditions, conditions of existing structures, and similar site information or data and other investigations is or has been shown or indicated on the Contract Drawings, is or has been provided by Owner or Engineer, or is or has been otherwise made available to Contractor by Owner or Engineer, such information is or has been shown, indicated, 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 contractors working on other projects may not change the conditions indicated at, and in the vicinity of, the Work Site, or that unanticipated conditions may not be present. Contractor shall be solely responsible for locating all existing underground installations by prospecting no later than two workdays prior to any scheduled excavation or trenching or 200 lineal feet in advance of such excavation or trenching, whichever is earlier. Contractor shall, prior to any excavation, notify the Joint Utility Locating Information for Excavators (J.U.L.I.E.), (1-800-892-0123), and, with respect to owners or operators of underground utility facilities who are not members of J.U.L.I.E., shall directly notify such non-member owners or operators and shall otherwise fully comply with the Illinois Underground Utility Facilities Damage Prevention Act, 220 ILCS 50/1 et seq. Contractor shall check all dimensions, elevations, and quantities shown on the Contract Drawings and Specifications within the same time period as set forth above for prospecting underground installations. Contractor shall lay out the Work in accordance with the Contract Drawings and Specifications and shall establish and maintain such locations, lines and levels, except that wherever pre-existing work is encountered, Contractor shall verify and be responsible for dimensions and locations of such pre- existing work. Contractor shall notify Engineer of any discrepancy between the dimensions, elevations and quantities shown on the Contract Drawings and Specifications and the conditions of the Work Site or any other discrepancies which Contractor may discover during such inspections. Contractor shall make any necessary adjustments in the alignment or grade of the Work, subject to Engineer’s approval, to pass around, over, or under any obstruction discovered without any equitable adjustment in the Contract Time or, except as expressly provided, and only to the limited extent set NOT FOR BID GENERAL CONDITIONS -9- forth, in Sections 2.1 through 2.3 of these General Conditions of Contract, the Contract Price. Contractor shall maintain, during the progress of the Work, up-to-date copies of all Contract Drawings and Specifications and a continuous record of all field deviations from the Contract Drawings. Before Final Acceptance of the Work, Contractor shall submit to Owner two printed sets of Drawings of Record, unless a greater number is specified elsewhere in this Contract, indicating all necessary additions and corrections to the Contract Drawings to show record conditions for verification of Engineer’s drawings of record. Upon acceptance of Contractor’s printed Drawings of Record, Contractor shall also submit to Owner electronic Drawings of Record in electronic CADD files and/or other electronic file format acceptable to Owner operating on an IBM compatible microcomputer under a Windows operating system. Each such drawing and electronic drawing file shall be plainly marked “Drawing of Record” near the title block and shall be certified as to correctness by Contractor. 1.6 Safety of the Work Site A. Contractor’s Responsibility. Contractor shall be 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 shall apply continuously and shall not be limited to normal working hours. Contractor shall take all safety precautions as shall be necessary to comply with all applicable Laws, regulations, and guidelines, including without limitation OSHA, and to prevent injury to Persons and damage to property. Contractor shall employ or hire a competent safety representative or Subcontractor, who is capable of identifying predictable and existing conditions that are unsanitary, hazardous, or dangerous to Persons or property, to devise, supervise and ensure compliance with all safety precautions and programs as shall be necessary to comply with all applicable Laws, regulations, and guidelines, including without limitation OSHA, and to prevent injury to Persons and damage to property. Contractor shall advise Owner, in writing, of such safety representative’s name, address, and telephone number or numbers where such safety representative may be reached at all times, 24 hours per Day, and such safety representative shall have full and complete authority to promptly correct or eliminate any such unsanitary, hazardous, or dangerous conditions. Neither Owner nor Engineer shall be responsible for conditions at the Work Site, nor for the safety of Persons or property, during the performance of the Work. Contractor is advised that potentially hazardous conditions described in the Illinois Health and Safety Act, federal OSHA Regulations and Guidelines, ANSI Standard B30.5-1968 as amended, ANSI Standard Z117.1-1995 as amended, and Illinois Department of Labor Rules and Regulations, could be encountered during the performance of the Work, including without limitation energized electrical facilities and overhead wires; cranes, derricks, and other hoisting machinery with operational and use limitations, special hazard warnings and instructions, and revolving superstructures requiring proper barricading; underground utility facilities requiring protection, support, or NOT FOR BID GENERAL CONDITIONS -10- removal to safeguard employees; excavations requiring, among other things, safe means of egress and protection from cave-ins, fall-ins, hazardous atmospheres, hazardous substances, and other hazardous conditions; and confined or enclosed spaces that are subject to the accumulation of hazardous substances or toxic or flammable contaminants or that have oxygen deficient or other hazardous atmospheres, requiring, among other things, independent fall protection, respiratory equipment, ventilation, two-way communication with the outside, and safe means of egress. Contractor should take special notice of the potentially hazardous conditions identified in this paragraph and take all necessary precautions to guard against such potential hazards, including without limitation conducting employee safety training and education, posting warnings and instructions, testing and inspecting, and utilizing adequate protective and emergency systems, equipment, and devices, in as much safety remains Contractor’s sole responsibility under this Contract. Contractor is directed to the Illinois Health and Safety Act, federal OSHA Regulations and Guidelines, including without limitation Occupational Safety & Health Standards and Construction Industry Safety & Health Regulations as outlined in Parts 1910 and 1926 of US Dept. of Labor Chapter XVII - Occupational Safety and Health Administration, Title 29, and US Dept. of Labor Document OSHA 2202 “OSHA Safety and Health Standards Digest,” ANSI Standard B30.5-1968 as amended, ANSI Standard Z117.1-1995 as amended, and Illinois Department of Labor Rules and Regulations for a further description of these potentially hazardous conditions and the regulations applicable thereto. Contractor is being notified of these potentially hazardous conditions so that Contractor may independently assess the potentially hazardous conditions and take the necessary precautions to ensure a safe workplace pursuant to this Contract and Contractor’s legal obligations. Owner’s notification of these potentially hazardous conditions should not be construed to be, nor interpreted as, an exclusive listing of the potentially hazardous conditions that could be encountered during the performance of the Work but, rather, such notice shall be construed to be, and interpreted as, exemplary only. Owner’s notification of these potentially hazardous conditions should not be construed or interpreted as waiving Contractor’s sole and complete responsibility for conditions at the Work Site or for providing and maintaining safe conditions at the Work Site, including the safety of all Persons and property during performance of the Work. This notification of potentially hazardous conditions is provided solely to assist Contractor in the performance of these duties, in the interest of maximum safety. B. Traffic. Contractor shall conduct all of its operations without interruption of or interference with vehicular and pedestrian traffic on public and private rights-of-way unless it has obtained permits therefor from the proper authorities. All public and private rights-of-way not closed by permission of the proper authorities shall be maintained passable and safe by Contractor, who shall assume and have full responsibility for the adequacy and safety, or provisions made therefor. If any public or private right-of-way shall be rendered unsafe by Contractor’s operations, Contractor shall make such repairs or provide such temporary ways or guards as shall be acceptable to the proper authorities. NOT FOR BID GENERAL CONDITIONS -11- Contractor shall, at least 48 hours in advance, notify the proper authorities in writing, with a copy to Engineer, if the closure of any public or private right-of-way is necessary. Contractor shall cooperate with the proper authorities in the establishment of alternate routes and shall provide adequate detour signs, plainly marked and well lighted, in order to minimize confusion. C. Fire Protection. Access to sources of water for fire protection shall be identified and available at all times. Fire hydrants and stop valves adjacent to the Work shall be kept clear and readily accessible to fire apparatus and no materials or other obstruction shall be placed, parked, or stored within 15 feet of any hydrant or stop valve except by special permission of the proper authorities. Only construction procedures that minimize fire hazards to the extent practicable shall be used. There shall be no open burning or confined trash fires. Combustible debris and waste materials shall be collected or removed from the Work Site each workday. Fuels, solvents, and other volatile or flammable materials shall be stored away from construction and storage areas in well-marked, safe containers. Good housekeeping, essential to fire prevention, shall be practiced by Contractor throughout the Work. D. Accident Records; Insurance Adjusters. Contractor shall maintain an accurate record of all accidents and other incidents resulting in death, injury, or occupational disease to any Person or in damage to, or loss of, any property and shall promptly report any such accident or incident to Owner and shall provide Owner with copies of all correspondence and pleadings related thereto, including insurance claims and settlements. Contractor shall arrange for Contractor’s insurance adjuster to meet with any Person affected by any such accident or other incident promptly and, in all events, within 48 hours after Contractor’s receipt of notice from such Person, and a report of the insurance adjuster’s findings shall be delivered to such Person within 10 days thereafter, copies of which shall be provided to Owner and Engineer. 1.7 Cleanliness of the Work Site and Environs Contractor shall keep the Work Site and adjacent areas clean at all times during performance of the Work and shall remove and properly dispose of all waste and surplus materials from the Work Site each workday in such a manner as may be necessary to conform to Law. Contractor shall sweep and clean, and shall remove from the Work Site all hoses, cables, extension cords and similar materials, as may be necessary to leave the Work Site and adjacent areas in a clean and orderly condition at the end of each workday. If Contractor fails to comply with its obligations under this Section, Owner shall have the right to perform, or to have performed, such obligations and to withhold or recover the cost thereof from Contractor. NOT FOR BID GENERAL CONDITIONS -12- 1.8 Damage to the Work, the Work Site, and Other Property The Work and everything pertaining thereto shall be provided, performed, completed, and maintained at the sole risk and cost of Contractor from the Commencement Date until Final Payment. Contractor shall be responsible and liable for any damages, losses, and injuries resulting from its operations. Contractor shall be fully responsible for the protection of all public and private property and all Persons. Without limiting the foregoing, Contractor shall, at its own cost and expense, (1) provide temporary heating, covering and enclosures, to the satisfaction of Engineer, as necessary to protect the Work against damage by dampness and cold, to dry out the Work, and to facilitate the completion of the Work; (2) 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 (3) 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 shall 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 whatever, including damage or loss due to simultaneous work by others. Contractor shall, 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. No specific provision of this Contract to the effect that Contractor shall be responsible and liable at its sole risk and cost for the Work or any part thereof or for damage, loss, or injury caused by Contractor shall be construed to be an exclusive listing of the circumstances in which Contractor bears such responsibility and liability, but, rather, all such provisions shall be construed to be exemplary only. Notwithstanding any other provision of this Contract, Contractor’s obligations under this Section shall exist without regard to, and shall 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. 1.9 Subcontractors and Suppliers A. Approval and Use of Subcontractors and Suppliers. Contractor shall 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, which approval Owner may exercise and revoke in its sole discretion. All Subcontractors, Suppliers, and Subcontracts used by Contractor shall be acceptable to, and approved in NOT FOR BID GENERAL CONDITIONS -13- advance by, Owner. All Persons engaged in the Work, whether or not as approved Subcontractors, shall be deemed to be employees of Contractor for all purposes and Contractor hereby assumes, in addition to any liability imposed by law upon Contractor for its Subcontractors, full responsibility and liability for such Subcontractors as if they were the employees of Contractor. Nothing in this Contract shall be construed to create any contractual relationship between Owner and any Subcontractor or Supplier. All relations with approved Subcontractors and Suppliers shall be the responsibility of Contractor, and Owner shall not be responsible or obligated to deal directly with any Subcontractor or Supplier. Contractor is responsible for providing, performing, and completing all Work that meets or exceeds specified requirements notwithstanding specific references in the Contract Drawings or Specifications to duties and obligations of other contractors, Subcontractors, Suppliers, manufacturers, trades, etc., all at no extra cost to Owner other than the Contract Price. All such duties and obligations specifically imposed upon such other contractors, Subcontractors, Suppliers, manufacturers, trades, etc., shall be deemed to be imposed upon Contractor. Owner’s approval of any Subcontractor, Supplier, or Subcontract shall not relieve Contractor of full responsibility and liability for the provision, performance, and completion of the Work in full compliance with, and as required by or pursuant to, this Contract on or before the Completion Date or for the proper performance of all other requirements of this Contract, or for Contractor’s liability on all representations and warranties made in or pursuant to this Contract. Contractor shall remain as fully responsible and liable for the acts, omissions, and performance of all Subcontractors and Suppliers as Contractor is for its own acts, omissions, and performance. If Owner refuses to approve any Subcontractor or Supplier, or, having once approved a Subcontractor or Supplier, thereafter, advises Contractor that such Subcontractor or Supplier is no longer acceptable to Owner, then Contractor shall undertake the Work itself or propose another Subcontractor or Supplier for Owner’s approval. No adjustment of the Contract Price or Contract Time shall be made as a result of Owner’s refusal to approve, or Owner’s revocation of any approval of, any Subcontractor or Supplier. This Section shall not be construed to prohibit Owner, if and when it exercises any of its rights under Section 6.6 of these General Conditions of Contract, from entering into an independent contractual relation with any Subcontractor or Supplier employed by Contractor, and no such relation shall be construed as interfering with any Subcontract or other relation Contractor may have with such Subcontractors and Suppliers. B. Subcontractor and Supplier Requirements. In addition to any and all conditions and other requirements that may be imposed by Owner in its approval of any Subcontractor or Supplier, all Work performed under any Subcontract shall be subject to NOT FOR BID GENERAL CONDITIONS -14- the same provisions set forth in this Contract for the Work performed by Contractor. Furthermore, every Subcontract shall include at least the following provisions: 1. Flow-down. A statement that this Contract has been reviewed by the Subcontractor or Supplier; that Subcontractor or Supplier agrees to be bound by the terms, provisions and conditions of this Contract so far as they are applicable to the Work under its Subcontract; that Subcontractor or Supplier agrees to assume all obligations and responsibilities of Contractor under this Contract; and that Subcontractor or Supplier agrees to be bound by and governed by any change or alteration in this Contract. 2. Discrimination. The provisions of the Public Works Employment Discrimination Act, 775 ILCS 10/1 et seq., shall be printed or otherwise inscribed on the face of the Subcontract. 3. Laws. A statement substantially identical to Section 6.11 of the Contract Agreement requiring Subcontractor or Supplier to comply with all Laws. 4. Application of Payments. A statement that Subcontractor or Supplier agrees that all funds received directly or indirectly from Owner shall be applied to the payment or reimbursement of the costs for which they were paid and not to any preexisting or unrelated debt between Contractor and Subcontractor or Supplier. 5. No Compensation for Delay. A statement substantially identical to Subsection 2.3D of these General Conditions of Contract to the effect that there shall be no payment, compensation, damages, or adjustment of any kind, other than an extension of time, because of hindrances or delays, whether avoidable or unavoidable, from any cause in the commencement, provision, performance, or completion of the Work under the Subcontract. 6. Termination for Convenience of Contractor. A statement that the Subcontract may be terminated for the convenience of Contractor, if this Contract is terminated for any reason by Owner or if Owner exercises its right to require termination of the Subcontract; provided, however, that no such termination shall defeat Owner’s rights under Paragraph 1.9B7 below. NOT FOR BID GENERAL CONDITIONS -15- 7. Conditional Assignment. A statement that Subcontractor or Supplier agrees to the assignment of the Subcontract to Owner, at Owner’s option exercised by written notice to Subcontractor or Supplier and without further action, if this Contract is terminated by Owner and that no such assignment shall be construed as interfering with Subcontractor’s or Supplier’s Subcontract with Contractor. 8. Dispute Resolution. A statement that in case of any dispute or claim between Subcontractor or Supplier and Contractor involving Owner, or between Contractor and Owner involving Subcontractor or Supplier, Subcontractor or Supplier agrees to be bound by the provisions in this Contract pertaining to the resolution of disputes to the same extent that Contractor is bound to Owner by the terms of this Contract; and that Subcontractor or Supplier agrees to be bound by any and all decisions or determinations made thereunder as authorized in this Contract; and that Subcontractor or Supplier agrees to join in, or consolidate any claim it may have with, any related pending dispute resolution proceeding or to allow such joinder or consolidation of other related claims with its claim; and that Subcontractor or Supplier agrees that, pending the final disposition of any dispute or claim under or in any way relating to the Subcontract, Subcontractor or Supplier shall proceed diligently with all Work to be performed by it under its Subcontract. 9. Representations and Warranties. A statement of representations and warranties substantially identical to Article III of the Contract Agreement. 1.10 Simultaneous Work by Others A. By Owner. Owner shall have 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. B. Coordination. Contractor shall 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 shall keep itself informed of the progress and the detail of such other work; shall afford Owner and other contractors reasonable opportunity for the execution of such other work; shall properly connect and coordinate the Work with such other work; and shall notify Engineer immediately of lack of progress or defective workmanship in the provision, performance, or completion of such other work in any case where such lack of progress or defective workmanship will or may interfere with the Work or the operations of Contractor or its NOT FOR BID GENERAL CONDITIONS -16- Subcontractors. Whenever there is a conflict between the Work and such other work, Engineer shall, upon request of Contractor or the Person performing such other work, determine the manner in which such conflict shall be resolved or accommodated. Contractor shall proceed at its own risk in the event Contractor fails to request such determination from Engineer. C. By Others. Contractor acknowledges that other contractors not under the direction or control of Owner may be encountered in the performance of the Work by Contractor. Contractor shall perform the Work in such a manner as to enable both the Work and the work of such other contractors to be completed without hindrance or interference from each other. D. Changes. If other contractors, regardless of whether such contractors are under the direction or control of Owner or are not under the direction or control of Owner, change the conditions found at, or in the vicinity of, the Work Site, both Contractor and Owner shall treat the new conditions as if they were previously existing conditions. Owner shall not be entitled to any credits and Contractor shall not be entitled to any equitable adjustment in the Contract Price as a result of such changes except as expressly provided, and only to the limited extent set forth, in Sections 2.1 through 2.3 of these General Conditions of Contract. E. Claims. If the Work or any of Contractor’s operations or property is damaged by any other Person, Contractor shall make its claim directly against such Person. If a dispute develops between Contractor and any such other Person concerning the responsibility for any such damage, the dispute shall be resolved with such other Person by whatever method may be available and appropriate, but such dispute shall not be cause for delay in the restoration of the damaged Work, and Contractor shall restore the Work immediately. Failure of Contractor to comply with this Subsection shall entitle Owner to perform, or to have performed, all Work necessary for compliance with this Subsection and to withhold or recover from Contractor the cost of such Work. 1.11 Occupancy Prior to Final Acceptance Owner shall have the right, at its election, to occupy, use, or place in service any part of the Work prior to Final Acceptance of the Work. Such occupancy, use, or placement in service shall 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 shall 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 shall it be considered as an interference with Contractor’s provision, performance, or completion of the Work. 1.12 Suspension or Termination of Work for Convenience A. Suspension for Convenience. Owner shall have the right at any time, by Change Order, for its convenience, to suspend, for such period of time as may be NOT FOR BID GENERAL CONDITIONS -17- determined by Owner to be necessary or desirable for the convenience of Owner, and thereafter to require resumption of, the whole or any part of the Work, without invalidating the provisions of this Contract. Contractor shall not be entitled to any equitable adjustment in the Contract Price as a result of any such suspension for convenience of Owner. B. Termination for Convenience. Owner shall have the right at any time, by Change Order, for its convenience, to terminate the Work in whole or in part. C. Owner’s and Contractor’s Obligations. Every Change Order issued pursuant to Subsection 1.12A or Subsection 1.12B shall state the extent and effective date of such termination or suspension. On such effective date, Contractor shall, 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 can be canceled, 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. D. Payments for Completed Work. In the event of any termination pursuant to Subsection 1.12B above, Owner shall pay Contractor (1) such direct costs, determined in accordance with generally accepted accounting practices in the construction industry, consistently applied, and excluding overhead, as Contractor shall have paid or incurred for all Work done in compliance with, or 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 any such termination. The total payment to be made to Contractor by reason of such termination shall not in any event exceed a percentage of this Contract equal to the proportion that the Work completed prior to the effective date of termination bears to the total Work required by this Contract. Any such payment shall be offset by any prior payment or payments and shall be subject to Owner’s rights to withhold or deduct as provided in this Contract. NOT FOR BID GENERAL CONDITIONS -18- ARTICLE II CHANGES AND DELAYS 2.1 Changes A. Field Adjustments. No equitable adjustment shall be made in the Contract Price, and no Change Order, other than a possible Balancing Change Order pursuant to Paragraph 5.1C2 of these General Conditions of Contract, shall be issued, for field adjustments in the Work ordered by Owner or resulting from, arising out of, or in any way related to, conditions found at, or in the vicinity of, the Work Site, including subsurface, underground or other concealed conditions or obstructions, buried structures, utility locations or conditions, adverse soil conditions, changed site conditions due to work by other contractors, and similar site conditions, that, in combination with all Change Orders and all other field adjustments, increase the quantity of any Unit Price Item by 20 percent or less of the approximate quantity for that Unit Price Item set forth in the Schedule of Prices, or increase the quantity of discrete units comprising any lump sum component part of the Work by 20 percent or less of the quantity of discrete units comprising that lump sum component part of the Work set forth in the Breakdown Schedule, as the case may be. Contractor shall be solely responsible for dealing with such field adjustments and Owner shall not be entitled to any credits and Contractor shall not be entitled to any equitable adjustments in the Contract Price as a result of such field adjustments. For Work to be paid on a Unit Price basis, any such increases in the quantity of any Unit Price Item shall be paid for at the respective Unit Price for each such Unit Price Item set forth in the Schedule of Prices. For lump sum Unit Prices, the percentage of increase, and the amount to be paid for such field adjustments, shall be determined on the basis of the number of discrete units comprising such lump sum Unit Price Item set forth in the Breakdown Schedule for that lump sum Unit Price Item. For Work to be paid on a lump sum basis, no amounts shall be paid for such increases in any lump sum component part of the Work other than the lump sum amount included in the Breakdown Schedule for that lump sum component part of the Work. B. Change Orders. Owner shall have the right to issue Change Orders to Contractor without the consent of Contractor and without notice to any surety of Contractor. Owner shall also issue Change Orders making an equitable adjustment in the Contract Price for any field adjustment as set forth in Subsection 2.1A above that, in combination with all Change Orders and all other field adjustments pursuant to Subsection 2.1A above, increase the quantity of any Unit Price Item by more than 20 percent of the approximate quantity for that Unit Price Item set forth in the Schedule of Prices, or increase the quantity of discrete units comprising any lump sum component part of the Work by more than 20 percent of the quantity of discrete units comprising that lump sum component part of the Work set forth in the Breakdown Schedule, as the case may be, but only for that portion of Work that exceeds 120 percent of said quantity or discrete units comprising a lump sum component part of the Work. For lump sum Unit Prices, the percentage of increase shall be determined on the basis of the number of discrete units comprising such lump sum Unit Price Item set forth in the Breakdown Schedule for that lump sum Unit Price Item. NOT FOR BID GENERAL CONDITIONS -19- Contractor shall promptly comply with every Change Order, notwithstanding any disputes or objections concerning such Change Order. No Change Order shall be construed to invalidate this Contract not to entitle Contractor to additional compensation except and only to the extent provided in Sections 2.2 and 2.3 below. No Balancing Change Order issued pursuant to Paragraph 5.1C2 of these General Conditions of Contract shall constitute, be deemed to be, or operate as, an equitable adjustment in the Contract Price. C. Classification. For purposes of Subsections 2.1A and 2.1B above, in determining whether an equitable adjustment in the Contract Price shall be made based upon any field adjustment, any increase in any component part of the Work included or subsumed within a Unit Price Item as defined in the Contract Drawings and Specifications, or included or subsumed within a discrete unit comprising a lump sum component part of the Work set forth in the Breakdown Schedule, as the case may be, shall be classified under such Unit Price Item or discrete unit, and the fact that Contractor uses a different method of providing, performing, and completing such field adjustment than originally contemplated shall not be a basis for not classifying such Work under one or more of the Unit Price Items set forth in the Schedule of Prices, or under one or more of such discrete units set forth in the Breakdown Schedule, as the case may be. 2.2 Equitable Adjustments Subject to the limitations set forth in this Article II, if any Change Order causes an increase or decrease in the amount of the Work or if a Change Order is required to be issued for certain field adjustments as set forth in Subsection 2.1B above, an equitable adjustment in the Contract Price or Contract Time may, upon the request of either Owner or Contractor, be made pursuant to Section 2.3 or Section 2.4 of these General Conditions of Contract. Any Change Order issued that does not include an equitable adjustment in the Contract Price or Contract Time shall be construed to be a determination by Owner that Contractor is not entitled to any equitable adjustment by reason of such Change Order. All claims by Contractor for an equitable adjustment in either the Contract Price or the Contract Time based on a Change Order shall be made, whenever feasible, before Contractor proceeds with any Work pursuant to such Change Order and shall, in all events, be made no later than two business days after receipt of such Change Order. All such claims shall, if not made prior to such time, be conclusively deemed to have been waived. Any claims by Contractor for an equitable adjustment in the Contract Price or Contract Time that have not been included, or fully included, in a Change Order shall not relieve Contractor of its responsibility to proceed without delay to perform the Work in compliance with the Change Order. No equitable adjustment shall be made in the Contract Price or Contract Time on the basis that the Work is, or has become, more difficult than Contractor’s Price Proposal would reflect or because of any risk or change in the Work that Contractor is NOT FOR BID GENERAL CONDITIONS -20- responsible for dealing with under this Contract without any equitable adjustment in the Contract Price or Contract Time as set forth in Subsection 2.1A above and in Subsection 2.4A below. 2.3 Contract Price Adjustments A. Increased Work. If any Change Order causes an increase in the amount of the Work or if a Change Order is required to be issued for certain field adjustments as set forth in Subsection 2.1B above (“Increased Work”), then Engineer shall determine, and include in such Change Order, subject to the limitations of Sections 2.1 and 2.2 above, the amount of the equitable adjustment in Contract Price, if any, to be allowed. Such determination shall be made as follows: 1. Unit Prices. If the Schedule of Prices provides Unit Prices and if the Increased Work or any part thereof that can be classified under one or more of the Unit Price Items set forth in the Schedule of Prices, then such Increased Work or part thereof classified under such Unit Price Item shall be paid for at the Unit Price listed in the Schedule of Prices for such Unit Price Item unless, for good cause shown, Contractor and Owner agree upon either a greater or lesser Unit Price for such Increased Work or part thereof or unless Owner, in its sole discretion, elects not to pay for the Increased Work or part thereof on the basis of Unit Prices, in which event, such Increased Work shall be paid for as set forth in either Paragraph 2.3A2 or Paragraph 2.3A3 below. 2. Agreed Prices. If the Schedule of Prices does not provide Unit Prices or if the Increased Work or any part thereof cannot be classified under one or more of the Unit Price Items set forth in the Schedule of Prices or if Owner elects, pursuant to Paragraph 2.3A1 above, not to pay for the Increased Work or part thereof on the basis of Unit Prices, then such Increased Work or part thereof shall be paid for on the basis of such lump sum price or such time and material prices as Owner and Contractor may agree prior to the commencement of such Increased Work unless Owner elects, in its sole discretion, to pay for such Increased Work or part thereof as set forth in Paragraph 2.3A3 below. 3. Reasonable Cost Plus. Any Increased Work or part thereof not paid for pursuant to Paragraphs 2.3A1 or 2.3A2 above shall, to the extent entitled to be paid for pursuant to this Contract, be paid for at the reasonable cost of such Increased Work or part thereof, as determined by Engineer, in the manner provided in this Paragraph. NOT FOR BID GENERAL CONDITIONS -21- Except as hereinafter limited, the reasonable cost of Increased Work shall include the reasonable cost, as determined by Engineer, to Contractor of all personnel employed and all equipment, materials, and supplies used, on the Increased Work for the period of such employment or use. The reasonable cost of Increased Work shall include amounts paid, if any, for Social Security, insurance such as workers’ compensation, other direct assessments upon Contractor’s payroll by authorized public agencies, and other approved assessments such as union benefits not normally included in payments made directly to employees but customarily recognized as part of the payroll cost of doing the Work. The reasonable cost of Increased Work shall not include insurance not directly related to payroll expenses such as liability insurance or property damage insurance. The reasonable cost of Increased Work shall not include the cost of any purchase or rental of any buildings or small tools. The reasonable cost of Increased Work shall not include the cost of any personnel above the level of foreman or the cost of Contractor’s office and engineering staff. The reasonable cost of all equipment used on the Increased Work shall be based upon the monthly rental rates set forth in the most recent edition of “RENTAL RATE BLUEBOOK FOR CONSTRUCTION EQUIPMENT” published by Nielson/DATAQUEST or a similar publication approved by Engineer (the “Approved Rate”). The reasonable hourly cost of equipment shall be calculated by multiplying the Approved Rate (without consideration of overtime charges or charges for fuel and oil) by 12 and dividing the product by 2,080. If the Increased Work requires the use of equipment not already on the Work Site, or not already required to be provided at the Work Site under the terms of this Contract, the cost of transportation, not exceeding a distance of 100 miles, of such equipment to and from the Work Site shall be considered part of the reasonable cost of the Increased Work. Contractor may add a maximum of fifteen percent of the reasonable costs set forth above to cover the costs of use of capital, overhead, and profit, including premiums on any Bonds or insurance on account of the Increased Work (except as hereinbefore permitted for direct reimbursement), and NOT FOR BID GENERAL CONDITIONS -22- profit and overhead of any and all Subcontractors and Suppliers performing all or any part of the Increased Work. Contractor shall keep a daily record of all Increased Work provided, performed, or completed by Contractor or any Subcontractor or Supplier. The daily record shall include the nature of the Increased Work performed, the names of all personnel employed, and the hours worked by each, the equipment, materials and supplies used, including, where appropriate, the quantities used and the hours of use. To constitute verification that Increased Work was provided, performed, or completed, the daily record for each Day must be signed by both Contractor and Engineer not later than the end of the following business day. Contractor’s failure to so keep and so verify such a daily record shall constitute a waiver of any claim for compensation for Increased Work. In the event of any dispute as to the reasonableness of the method or manner of performing any Increased Work, or the cost thereof, including, but not limited to, personnel or equipment requirements to perform the Increased Work, Contractor shall provide all supporting documentation, including cancelled checks, payroll documentation, and any relevant union requirements or regulations. In the absence of such supporting documentation, Engineer’s determination of the reasonableness of the chosen method or manner of performing the Increased Work, of the cost thereof, and, if unreasonable, of the reasonable cost of providing, performing, and completing the Increased Work if a reasonable method or manner or cost had been chosen, shall be conclusive and binding on Contractor. 4. For purposes of Paragraphs 2.3A1 and 2.3A2, in determining whether the Increased Work or any part thereof can be classified under one or more of the Unit Price Items set forth in the Schedule of Prices, any increase in any component part of the Work included or subsumed within a Unit Price Item as defined in the Contract Drawings and Specifications shall be classified under such Unit Price Item and the fact that Contractor uses a different method of providing, performing, and completing Increased Work than Contractor originally contemplated shall not be a basis for not classifying Increased Work under one or more of the Unit Price Items set forth in the Schedule of Prices. NOT FOR BID GENERAL CONDITIONS -23- 5. Except as set forth above, no claim for compensation in excess of the Contract Price shall be made or allowed on account of Increased Work. B. Decreased Work. If any Change Order causes a decrease in the amount of the Work (“Decreased Work”), then Engineer shall determine, and include in such Change Order, (1) the amount of the equitable adjustment in the Contract Price to be credited to Owner based on the value of the Decreased Work determined in accordance with Subsection 5.1C of these General Conditions of Contract and (2) the allowance, if any, due Contractor for any actual loss incurred in connection with the purchase, delivery, and subsequent disposal of equipment, materials, or supplies that would have been used on the Work but for the Change Order and that could not be returned to their source for credit or used in any part of the Work as actually provided, performed and completed. In no event shall any Decreased Work entitle Contractor to make a claim for damages, anticipated profits, or any other compensation except the aforesaid allowance for actual loss incurred for such unused and unreturned equipment, materials, or supplies. Ownership of any such unused equipment, materials, or supplies paid for by Owner shall, at Owner’s option, be conveyed to Owner. C. Netting of Price Adjustments. When both Increased Work and Decreased Work result from a single Change Order, the allowance for overhead and profit pursuant to the reasonable cost method of Paragraph 2.3A3 above, if utilized, shall be figured on the basis of the net increase, if any, in the Work. D. No Compensation for Delays. Contractor shall not claim or be entitled to any payment, compensation, damages, or adjustment of any kind, other than a possible extension of the Contract Time, if applicable, as provided for in Subsection 2.4C below, because of hindrances or delays, whether avoidable or unavoidable, from any cause in the commencement, provision, performance, or completion of the Work, including but not limited to: 1. Any act, error, omission or interference of Owner, Engineer, or any other Person, including, without limitation, late, changed, or erroneous Bidding Documents or Contract Documents; changes in sequence, suspensions, accelerations, or de-accelerations of the Work; lack of access, rights-of-way, or easements for the Work; lack of approvals, decisions, or payments; issuance of Change Orders; or occupancy, use, or placement into service of the Work prior to Final Acceptance; 2. Differing or unanticipated conditions at, or in the vicinity of, the Work Site; 3. The simultaneous presence and operations of other contractors; NOT FOR BID GENERAL CONDITIONS -24- 4. Strikes, lockouts, or labor or material shortages; 5. Fires or other casualties; 6. Delays in transportation; and 7. Acts of God or natural phenomena, whether or not such phenomena are unusual or unusually severe considering the time of year and the particular locality involved. Contractor expressly agrees that it will accept in full satisfaction for all such delays and hindrances a possible extension of the Contract Time, if applicable, as provided in Subsection 2.4C below and that it will make no claim for, nor be entitled to, equitable adjustment of the Contract Price; or any compensatory, acceleration, or disruption damages; or any other damages or costs of any kind or nature for any such delays or hindrances, including, but not limited to, damages or costs resulting from, arising out of, or in any way related to increases in time-related costs; increases in costs of labor, equipment, materials, or supplies; costs of additional personnel; costs of additional equipment; costs of additional premium time for personnel or equipment; increase in costs for Bond or insurance premiums; lower labor productivity; lost profits or alternative income; effects on other contracts; and costs of demobilization and remobilization. 2.4 Extensions of Contract Time A. Anticipated Delays. Difficulties or obstructions that may arise out of, or be encountered as a result of, adverse weather conditions, equipment breakdowns, subsurface, underground or other concealed conditions or obstructions, buried structures, utility locations or conditions, adverse soil conditions, and changed site conditions due to work by other contractors are inherent in the nature of the Work of this Contract. Allowances and contingencies for dealing with such difficulties or obstructions are to be allowed for in Contractor’s schedule and shall not be treated as unavoidable delays pursuant to Subsection 2.4C below. Changes in the sequence in which the Work is provided, performed, and completed resulting from delays or hindrances that affect only part of the Work but not the provision, performance, or completion of other parts of the Work, nor completion of the whole of the Work, are also inherent in the nature of the Work of this Contract. Allowances and contingencies for such changes are to be allowed for in Contractor’s schedule and shall not be treated as unavoidable delays pursuant to Subsection 2.4C below. B. Extensions for Increased Work. Subject to Subsection 2.4A above, when a Change Order causes an increase in the time required to complete the Work, an extension of the Contract Time shall be granted as part of such Change Order for a period of time equal to the additional time required to complete the Work. C. Extensions for Unavoidable Delays. Subject to Subsection 2.4A above, for any delay or hindrance in completing the Work that may result from causes that could not be avoided or controlled by Contractor, as determined by Owner, NOT FOR BID GENERAL CONDITIONS -25- Contractor shall upon timely written application, immediately upon the occurrence of any event giving rise to such unavoidable delay and, in any event, no later than two business days thereafter, 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. D. Extensions for Suspensions. If Owner orders Contractor to suspend the whole of the Work or to suspend a part of the Work that increases the time required to complete the Work, Owner shall, unless such suspension was due to Contractor’s failure to perform in accordance with the requirements of this Contract, extend the Contract Time for a period of time equal to the delay caused by such suspension. 2.5 Constructive Change Orders Sections 2.2 through 2.4 set forth the sole means by which an equitable adjustment in the Contract Price or Contract Time shall be allowed. No claims for equitable adjustments in the Contract Price or Contract Time shall be made or allowed unless embodied in a Change Order initiated by Owner pursuant to Section 2.1 or requested by Contractor, and approved by Owner, pursuant to this Section 2.5. If Owner fails to issue a Change Order including, or fully including, an equitable adjustment in the Contract Price or Contract Time to which Contractor claims it is entitled under Sections 2.2 through 2.4, Contractor may assert a claim that it is entitled to a constructive change order for, but only for, the equitable adjustment due under said Sections pursuant to the procedures of this Section 2.5. If Contractor believes that any requirement, direction, instruction, interpretation, determination, or decision of Owner or Engineer entitles Contractor to an equitable adjustment in the Contract Price or Contract Time under Sections 2.2 through 2.4 that has not been included, or fully included, in a Change Order, then Contractor shall submit to Engineer, with a copy to Owner, a written request for the issuance of, or revision of, a Change Order, including the equitable adjustment, or the additional equitable adjustment, in the Contract Price or Contract Time that Contractor claims has not been included, or fully included, in a Change Order. Such request shall, whenever feasible, be submitted before Contractor proceeds with any Work for which Contractor claims an equitable adjustment is due and shall, in all events, be submitted no later than two business days after receipt of notice of such requirement, direction, instruction, interpretation, determination, or decision. Upon receipt by Engineer of any such request, the parties shall proceed as provided in Article VI of these General Conditions of Contract pertaining to disputes and remedies. Notwithstanding the submission of any such request, Contractor shall proceed without delay to perform the Work as required, directed, instructed, interpreted, or decided by Owner or Engineer and shall, pending a final resolution of the issue, keep a daily record of such Work in the manner provided in Paragraph 2.3A3 above. Unless Contractor submits such a request within two business days after receipt of notice of such requirement, direction, instruction, interpretation, determination, or decision, Contractor shall be conclusively deemed (1) to have agreed that such requirement, direction, instruction, interpretation, determination, or decision does not entitle Contractor to an equitable adjustment in the Contract Price or NOT FOR BID GENERAL CONDITIONS -26- Contract Time and (2) to have waived all claims based on such requirement, direction, instruction, interpretation, determination, or decision. 2.6 No Waiver and Release Except to the extent embodied in a Change Order, neither the provisions of this Article II nor any communication between or among Owner, Engineer, and Contractor shall operate to relieve Contractor of its duty to perform the Work in full compliance with, and as required by or pursuant to, this Contract, within the Contract Time, and for the Contract Price, or to release or discharge Contractor from any duty arising under this Contract. 2.7 No Other Compensation No payments, compensation, damages, reimbursements, or monetary consideration of any kind shall be paid or owing to Contractor in connection with, or arising out of, this Contract other than, and subject to deduction as provided for in this Contract, the lump sum amount or amounts stated in the Schedule of Prices, for Work to be paid on a lump basis, the Unit Price stated in the Schedule of Prices for each acceptable unit of each Unit Price Item installed and complete in place, measured on the basis defined in the Contract Drawings and Specifications or, in the absence of such definition, on the basis determined by Engineer, for Work to be paid on a Unit Price basis, the equitable adjustment in the Contract Price included in any Change Order, and any bonuses provided for, and only to the extent provided in, the Special Conditions of Contract. Contractor shall not claim or be entitled to any other payment, compensation, damage, reimbursement, or monetary consideration of any kind for the provision, performance, or completion of the Work. 2.8 Specific References Exemplary No specific provision of this Contract to the effect that there shall be no change or adjustment in the Contract Price or Contract Time shall be construed to be an exclusive listing of the circumstances in which there shall be no adjustment in Contract Price or Contract Time, but, rather, all such provisions shall be construed to be exemplary only. 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 shall be subject to inspection and testing by Owner, by Engineer, by any public authority having jurisdiction, and by any other Person designated by Owner. Contractor shall furnish, at its own expense, all reasonable access, assistance, and safe and proper facilities required by such Persons for such inspection and testing, both at the Work Site and at any Subcontractor’s or Supplier’s plant or other source of supply, with full permission to NOT FOR BID GENERAL CONDITIONS -27- take samples of any materials or supplies that may or might be used in the Work, at Contractor’s own expense. Contractor shall notify Owner and Engineer of the readiness of any part of the Work for any inspection or test that may be required by or pursuant to this Contract or applicable Laws. Owner and Engineer shall perform all of their inspections and tests so as not to delay the Work unduly, but Contractor shall schedule the Work in light of the need for time to perform such inspections and tests. No part of the Work as to which any specific inspection or test is required shall be covered or closed until such inspection or test has been completed. If such Work is covered or closed, then it shall be uncovered or opened and, after the inspection or test, recovered or reclosed, by Contractor, all at Contractor’s expense. B. Additional Inspections. If any Work for which an inspection or test is not required by this Contract has been covered or closed so as to prevent inspection or testing, Owner shall nevertheless have the right to order such Work to be inspected or tested and, if so ordered, such Work shall be uncovered or opened by Contractor. If the Work thus uncovered or opened is found to be free from defects, damage, and flaws and to be suitable for its intended purpose and to be otherwise in conformity with this Contract, then Owner shall pay the cost of uncovering, opening, re-inspecting, re-testing, covering, or closing, as the case may be. If the Work uncovered or opened is not free from defects, damage, and flaws or is not suitable for its intended purpose or is otherwise not in conformity with this Contract, then Contractor shall pay all such costs. C. Re-Inspections. 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 shall be uncovered or opened by Contractor. If the Work thus uncovered or opened is found to be free from defects, damage, and flaws and to be suitable for its intended purpose and to be otherwise in conformity with this Contract, then Owner shall pay the cost of uncovering, opening, re-inspecting, re-testing, covering, or closing, as the case may be. If the Work uncovered or opened is not free from defects, damage, and flaws or is not suitable for its intended purpose or is otherwise not in conformity with this Contract, then Contractor shall pay all such costs. D. Correction. Until Final Payment, Contractor shall, 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 and shall pay to Owner all resulting costs, expenses, losses, or damages suffered by Owner as a result of any such defect, damage, flaw, unsuitability or nonconformity. E. No Waiver. No inspection or test, failure to inspect or test, or waiver of inspection or testing by Owner or Engineer shall relieve Contractor of its duty to complete the Work in full compliance with, and as required by or pursuant to, this Contract. Failure or neglect on the part of Engineer to condemn Work that is defective, damaged, flawed, unsuitable, or nonconforming shall not be construed as acceptance of such Work nor as a waiver of compliance with the requirements of this Contract. NOT FOR BID GENERAL CONDITIONS -28- 3.2 Warranty of Work A. Scope of Warranty. Contractor warrants that the Work and all of its components shall be free from defects and flaws in design, workmanship, and materials; shall strictly conform to the requirements of this Contract; and shall be fit, sufficient, and suitable for the purposes expressed in, or reasonably inferred from, this Contract. Contractor further warrants that the strength of all parts of all equipment, materials, and supplies incorporated into the Work shall be adequate and as specified and sufficient to meet the performance requirements of this Contract. The warranty herein expressed shall not be the sole and exclusive warranty but, rather, shall be 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 shall, promptly and without charge, correct any failure to fulfill the above warranty that may be discovered or develop at any time within two years after Final Payment or such longer period as may be prescribed in the Contract Drawings and Specifications, in the Special Conditions of Contract, or by Law. The above warranty shall 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 shall be extended for a period of two years from the date of such repair or replacement. Nothing contained in this Subsection 3.2B shall be construed to establish a period of limitation with respect to other obligations that Contractor has under this Contract. The time period established in this Subsection 3.2B relates only to the specific obligation of Contractor to correct Work and has no relationship to the time within which the obligations to comply with this Contract may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to Contractor’s obligations other than specifically to correct the Work. 3.3 Contractor Duty to Correct Without Delay In the event of any claim by Owner pursuant to Section 3.1 or Section 3.2 above that the Work is defective, damaged, flawed, unsuitable, nonconforming, or that the Work fails to fulfill the above warranty, Contractor shall be given a reasonable opportunity to confirm the validity of such claim, but Contractor shall not, unless authorized in writing by Owner, delay correction of the claimed defect, damage, flaw, unsuitability, nonconformity, or failure while making such determination. In the event any such claim is shown to be invalid following such correction by Contractor, Owner shall pay the cost of such correction. 3.4 Owner’s Right to Correct If, within two business days after Owner gives Contractor notice of any defect, damage, flaw, unsuitability, nonconformity, or failure to meet warranty subject to correction by Contractor pursuant to Section 3.1 or Section 3.2 above, Contractor fails, refuses, or neglects to make, or to undertake with due diligence to make, the necessary NOT FOR BID GENERAL CONDITIONS -29- corrections, then Owner shall be 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. If in the judgment of Owner, the delay required to give Contractor the aforesaid two business days-notice would cause serious damage or loss that could be avoided by immediate action, Owner shall have the right, without giving prior notice to Contractor, to perform, or to have performed, all work necessary to make the corrections and to recover from Contractor the cost of such corrections. In such event, Contractor shall be notified as promptly as possible and shall assist, whenever possible, in making the necessary corrections. 3.5 Subcontractor and Supplier Warranties Whenever the Special Conditions of Contract or the Specifications require a Subcontractor or Supplier to provide a guaranty or warranty, Contractor shall be 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 shall be a precondition to Final Payment and shall not relieve Contractor of any of its guaranty or warranty obligations under this Contract. Whenever the Special Conditions of Contract or the Specifications require a Subcontractor or Supplier to provide a guaranty or warranty, Contractor shall be solely responsible to obtain from the guarantying or warranting Person a written certification, in form satisfactory to Owner, that (1) all things required for the successful operation of the warranted item in accordance with the Specifications have been designed, manufactured and installed in accordance with all requirements of the guarantying or warranting Person; (2) all requirements and conditions necessary to validate the guaranty or warranty, whether specified in this Contract or not, have been complied with; and (3) all procedures necessary to maintain the guaranty or warranty in full force and effect during the applicable guaranty or warranty period, including but not limited to maintenance obligations and storage conditions, have been provided to Owner in writing and written acknowledgments of all such disclosed procedures have been provided by Owner to the warranting or guarantying Person. Acceptance of any such certification by Owner shall be a precondition to Final Payment and shall not relieve Contractor of any of its obligations under this Contract to provide additional or other certifications. NOT FOR BID GENERAL CONDITIONS -30- ARTICLE IV INSURANCE 4.1 Required Coverages Contractor shall, prior to and at all times while providing, performing, or completing the Work, including, without limitation, at all times while repairing, correcting, or replacing all or any part of the Work that is defective, damaged, flawed, unsuitable, nonconforming, or that fails to meet warranty subject to correction by Contractor pursuant to Section 3.1 or Section 3.2 of these General Conditions of Contract, procure, maintain, and keep in force, at Contractor’s expense, all insurance necessary to protect and save harmless Owner, the Work, the Work Site, and all property located at or about the Work Site, including but not limited to the insurance coverages specified in Section 4.3 below and in Section 4 of the Special Conditions of Contract (“Required Coverages”). 4.2 Insurance Companies All Required Coverages shall be provided by insurance companies rated A minus or better in Best’s Insurance Guide and otherwise acceptable to, and approved by, Owner. Required Coverages may be in any combination of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following-form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss. No policy may have a deductible or self-insured retention of more than one percent of the policy limit. Contractor shall furnish to Owner two copies of a certificate of insurance for each Required Coverage. Each such certificate and policy shall be in a form satisfactory to Owner and shall provide that no change, modification in, or cancellation of the insurance represented by it shall become effective until the expiration of 30 Days after written notice thereof shall have been given by the insurance company to Owner and any Additional Insured. 4.3 Insurance Minimum Coverages 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, nor will the bid guarantee be returned until acceptable insurance certificates are received and approved by the Village. Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee working under a permit as required pursuant to the provisions of Article III of Chapter 12 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, by either NOT FOR BID GENERAL CONDITIONS -31- 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. 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, volunteers and agents; 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, and agents. (2) The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Village, its officers, officials, employees, or volunteers 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, or volunteers. (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 NOT FOR BID GENERAL CONDITIONS -32- 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, and volunteers 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, 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. 4.4 Additional Coverages The insurance coverages and limits required by Section 4.3 above shall be deemed to be minimum coverages and limits and shall not be construed in any way as a limitation on Contractor’s duty to carry adequate insurance as required by Section 4.1 above or on Contractor’s liability for losses and damages under this Contract. Contractor shall at all times carry such additional coverages and limits as may be necessary to fully comply with this Contract. 4.5 Subcontractor Insurance Unless otherwise provided in the Special Conditions of Contract or unless otherwise approved by Owner in a Change Order, Contractor shall not allow any Subcontractor to commence or continue any part of the Work until and unless such Subcontractor provides and has in force Commercial General Liability insurance coverage equal to $2,000,000 or the amount of its Subcontract, whichever is greater, and Workers’ Compensation and Employer’s Liability and Commercial Motor Vehicle Liability insurance coverages equal to those required of Contractor by this Article. NOT FOR BID GENERAL CONDITIONS -33- ARTICLE V PAYMENT 5.1 Progress Payments A. General. Owner shall pay to Contractor in monthly installments, subject to any additions, deductions, or withholdings provided for in this Contract, 90 percent of the Value of the Work, determined in the manner set forth in Subsection 5.1C below, installed and complete up to the Day before the Pay Request, less the aggregate of all previous Progress Payments. The total amount of Progress Payments made prior to Final Acceptance by Owner shall not exceed 90 percent of the Contract Price. B. Pay Requests. Contractor shall, as a condition precedent to its right to receive each Progress Payment, submit to Engineer four (unless otherwise provided in the Specifications) originally executed copies of a request for payment in the form provided by Owner and accompanied by such supporting data and documentation as may be required by this Contract or by Owner or Engineer (“Pay Request”). The first Pay Request shall be submitted not sooner than 30 Days following the Commencement of the Work. Owner may, by written notice to Contractor, designate a specific Day of each month on or before which Pay Requests must be submitted. Pay Requests shall include the following minimum data and documentation, all of which shall be on forms supplied by, or otherwise acceptable to, Owner: (i) Contractor’s certification of the Value of the Work for which payment is then requested. If such certification is accepted by Engineer, it shall constitute the Value of the Work for the purpose of determining the amount of the current Progress Payment. If such certification is not accepted by Engineer, and if Engineer and Contractor are unable to agree as to the Value of the Work in question, such value shall, for the purpose of determining the amount of the current Progress Payment, be determined by Engineer in accordance with Subsection 5.1C below. (ii) Contractor’s certification that all prior Progress Payments have been properly applied to the payment or reimbursement of the costs with respect to which they were paid. (iii) Contractor’s Sworn Statement. (iv) Contractor’s partial or final waiver of lien. (v) Subcontractors’ and Suppliers’ Sworn Statements. (vi) Subcontractors’ and Suppliers’ partial or final waivers of lien. NOT FOR BID GENERAL CONDITIONS -34- (vii) Such other receipts, releases, affidavits, certificates, and other evidence as may be necessary to establish, to Owner’s satisfaction, Contractor’s, and its Subcontractors’ and Suppliers’, entitlement to the Progress Payment being requested, prior payment for all labor, equipment, materials, supplies, and other things covered by the Pay Request; and the absence of any interest, whether in the nature of a Lien or otherwise, of any Person in the Work, the Work Site, or any other property belonging to, or being held by, Owner. C. Value of Work. The Value of the Work shall be determined as follows: 1. Lump Sum Items. For all Work to be paid on a lump sum basis, Contractor shall, not later than 10 days after execution of the Contract Agreement unless otherwise provided in the Specifications and, in all events, before submitting its first Pay Request, submit to Engineer a schedule showing the value of each component part of such Work, and the quantity of discrete units comprising such component part of the Work, in form and with substantiating data and documentation acceptable to Engineer (“Breakdown Schedule”). The sum of the items listed in the Breakdown Schedule shall equal the amount or amounts set forth in the Schedule of Prices for lump sum Work. Overhead and profit shall not be listed as separate items in the Breakdown Schedule. An unbalanced Breakdown Schedule providing for overpayment of Contractor on component parts of the Work to be performed first will not be accepted. The Breakdown Schedule shall be revised and resubmitted until acceptable to Engineer. No payment shall be made for any lump sum Work until Contractor has submitted, and Engineer has approved, an acceptable Breakdown Schedule. Engineer may require that the approved Breakdown Schedule be revised based on developments occurring during the provision and performance of the Work. If Contractor fails to submit a revised Breakdown Schedule that is acceptable to Engineer, Owner shall have the right either to suspend Progress and Final Payments for lump sum Work or to make such Payments based on Engineer’s determination of the value of the Work completed. 2. Unit Price Items. For all Work to be paid on a Unit Price basis, the value of such Work shall be determined by Engineer on the basis of the actual number of acceptable units of Unit Price Items installed and complete in place, multiplied by the applicable unit price set forth in the Schedule of Prices. The actual number of acceptable units installed and complete in place shall be measured on the basis defined in the Contract Drawings and Specifications or, in the absence of such definition, on the basis determined by Engineer. For lump sum Unit Prices, Contractor shall submit, as and when required pursuant to Paragraph 5.1C1 above, a Breakdown Schedule for such lump sum Unit Price Items. The number of units of Unit Price Items stated in the Schedule of Prices are Engineer’s estimate only and shall not be used in establishing the Progress and Final NOT FOR BID GENERAL CONDITIONS -35- Payments due Contractor. The Contract Price shall be adjusted, by a Balancing Change Order, to reflect the actual number of acceptable units of Unit Price Items installed and complete in place upon Final Acceptance. D. Date of Payment. Contractor shall be paid no later than 45 Days following Owner’s approval of each Pay Request, and the amount of the Progress Payment requested, at a meeting of Owner’s governing body. Owner shall have no obligation to approve any Pay Request that is not in full compliance with the requirements of this Contract. 5.2 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 shall notify Engineer, with a copy to Owner, and request a final inspection (“Notice of Completion”). Contractor’s Notice of Completion shall 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 the requirements of this Contract (“Punch List Work”). Before giving its Notice of Completion, Contractor shall satisfy itself that the whole Work, and every part thereof, has been completed in full compliance with, and as required by or pursuant to, this Contract, that all defects, damage, flaws, and non-conformities have been corrected, and that the Work Site and adjacent areas are fully restored, clean, and in good order. B. Punch List and Final Acceptance. The Work shall be finally accepted when, and only when, the whole and all parts thereof shall have been completed to the satisfaction of Owner in full compliance with, and as required by or pursuant to, this Contract and the Work Site and adjacent areas shall have been fully restored, cleaned, and placed in good order and in at least the same condition as immediately prior to commencement of the Work. Upon receipt of Contractor’s Notice of Completion and at a time mutually agreeable to Owner, Engineer, and Contractor, Engineer shall make a review of the Work and shall either notify Contractor in writing of all Punch List Work, if any, to be completed or corrected (“Punch List”) and of the time, not later than the Completion Date, by which Contractor shall complete or correct all Punch List Work or, if the Work is complete in full compliance with, and as required by or pursuant to, this Contract and the Work Site and adjacent areas are fully restored, clean, and in good order and in at least the same condition as immediately prior to commencement of the Work, prepare and deliver to Owner a written recommendation that the Work be finally accepted. Following Contractor’s completion or correction of all Punch List Work, Engineer shall make another review of the Work and shall either prepare and deliver to Contractor another Punch List or, if the Work is complete in full compliance with, and as required by or pursuant to, this Contract and the Work Site and adjacent areas are fully restored, clean, and in good order and in at least the same condition as immediately prior to commencement of the Work, prepare and deliver to Owner a written recommendation that the Work be finally accepted. NOT FOR BID GENERAL CONDITIONS -36- The failure of Engineer to list any item on a Punch List shall not relieve Contractor of its obligation to provide, perform and complete the Work in full compliance with, and as required by or pursuant to, this Contract. Whenever any permit, license, site agreement, or other approval or authorization that may be required in connection with the Work requires that the Work within public or private property not owned by Owner be installed, and the property restored, to a condition satisfactory to such approving or authorizing Person, Contractor shall be responsible for obtaining a written acknowledgment of the acceptance of such Person in form satisfactory to Owner. Acceptance of any such acknowledgment by Owner shall be a precondition to Owner’s final acceptance of the Work and shall not relieve Contractor of any of its obligations under this Contract to provide additional or other acknowledgments. In the event more than two inspections and Punch Lists are required before Engineer is prepared to deliver to Owner its written recommendation that the Work be finally accepted, Contractor shall be charged the total cost incurred by Engineer for all subsequent inspections and the preparation of such additional Punch Lists. If the amount due Contractor is not sufficient to cover such costs, Contractor shall reimburse Owner for such costs upon demand. Upon being satisfied that the Work and Work Site are ready for final acceptance pursuant to the requirements of this Contract, Owner shall issue its written notice of final acceptance of the Work to Contractor (“Final Acceptance”). C. Final Payment. As soon as practicable, but not more than 60 Days, after Final Acceptance, Contractor shall submit to Engineer four originally executed copies of a Pay Request requesting Final Payment (“Final Pay Request”) for Engineer’s review and recommendation of appropriate payment. Owner shall pay to Contractor the balance of the Contract Price, as determined by Engineer, after deducting therefrom all charges against Contractor as provided for in this Contract and all amounts, if any, to be retained under the Special Conditions of Contract (“Final Payment”). Final Payment shall be made not later than 15 Days after the expiration of the time within which claims for labor performed or equipment, materials, or supplies provided must be filed under any applicable Law pertaining to Liens, or the expiration of 30 Days after Owner approves the Final Pay Request, whichever is later; provided, however, that Owner shall not be obligated to make Final Payment unless and until Contractor has submitted and has caused its Subcontractors and Suppliers to submit all required data and documentation to Owner and all such data and documentation is complete and in proper form. 5.3 Title to Work and Liens A. Title. Nothing in this Contract shall 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 NOT FOR BID GENERAL CONDITIONS -37- other items shall, upon being so installed, incorporated, attached, or affixed, become the property of Owner, but such title shall 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 shall, 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 liens against the Work or the public funds held by Owner exist 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 for or by reason of any equipment, materials, supplies, or other item furnished, labor performed, or other thing done in connection with the Work or this Contract, then Contractor shall, promptly and without charge, discharge, remove, or otherwise dispose of such Lien, or, if permitted by Owner, furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against such Lien. Until such discharge, removal or disposition, or furnishing of any permitted Bond or other collateral, Owner shall have the right to retain from any money payable under this Contract 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 shall not operate to relieve Contractor’s surety or sureties from any of their obligations under the Bonds, nor shall it be deemed to vest any right, interest or entitlement in any Subcontractor or Supplier. Owner’s retention of funds pursuant to this Section shall be deemed solely for the protection of its own interests pending removal of such Liens by Contractor, and Owner shall have no obligation to apply such funds to such removal but may, nevertheless, do so where Owner’s interests would thereby be served. 5.4 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 shall 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) reasonable NOT FOR BID GENERAL CONDITIONS -38- doubt that this Contract can be completed for the balance of the Contract Price then unpaid; (9) reasonable doubt that the balance of the Contract Price then unpaid is not adequate to cover actual or liquidated damages, if any; (10) failure of Contractor to properly complete or document any Pay Request; (11) any other failure of Contractor to perform any of its obligations under this Contract; (12) the cost to Owner, including attorneys’ fees and administrative expenses, of correcting any of the aforesaid matters or exercising any one or more of Owner’s remedies set forth in Section 6.6 of these General Conditions of Contract; or (13) engineering and inspection charges imposed pursuant to Subsection 1.3F, Section 1.13, or Subsection 5.2B of these General Conditions of Contract. B. Use of Withheld Funds. Owner shall be entitled to retain any and all amounts withheld pursuant to Subsection 5.4A above until Contractor shall have either performed the obligation or obligations in question or furnished security for such performance satisfactory to Owner. Owner shall be 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. 5.5 Application of Payments All Progress and Final Payments made by Owner to Contractor shall be applied to the payment or reimbursement of the costs with respect to which they were paid and not to any preexisting or unrelated debt between Contractor and Owner or between Contractor and any other Person. 5.6 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. ARTICLE VI DISPUTES AND REMEDIES 6.1 Notice of Dispute If Contractor disputes or objects to any requirement, direction, instruction, interpretation, determination, or decision of Owner or Engineer (“Disputed Decision”), Contractor may, immediately upon receiving any such Disputed Decision, notify Engineer in writing, with a copy to Owner, 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 (“Notice of Dispute”); provided, however, that Contractor NOT FOR BID GENERAL CONDITIONS -39- shall, nevertheless proceed without delay to perform the Work as required, directed, instructed, interpreted, determined, or decided by Owner or Engineer without regard to such dispute or objection and such Notice of Dispute. Unless Contractor so notifies Engineer not later than two business days after receipt of such Disputed Decision, and, whenever feasible, prior to taking any action based upon such Disputed Decision, Contractor shall be conclusively deemed (1) to have agreed to and accepted such Disputed Decision as being fair, reasonable, and finally determinative of Contractor’s obligations and rights under this Contract; (2) to have waived all grounds for dispute of or objection to such Disputed Decision; and (3) to have waived all claims for damages and equitable adjustments to the Contract Price and Contract Time based on such Disputed Decision. 6.2 Negotiation of Disputed Decisions To avoid and settle without litigation any Disputed Decision, Owner and Contractor agree to engage in good faith negotiations as provided in this Section. Within three business days after Engineer’s receipt of any Notice of Dispute, Engineer shall deliver to Contractor, with a copy to Owner, Engineer’s preliminary written response either rejecting Contractor’s claim, recommending to Owner approval of Contractor’s claim, suggesting a compromise of Contractor’s claim, or requesting additional information. Within three business days after Contractor’s receipt of Engineer’s preliminary written response, Contractor shall deliver to Engineer any additional information requested and notify Engineer whether Contractor is withdrawing, modifying or reaffirming its Notice of Dispute. Within three business days after Engineer’s receipt of Contractor’s reply, a conference among Owner, Engineer, and Contractor shall be held to resolve the dispute. 6.3 Owner’s Final Decision Within three business days after the end of the conference required pursuant to Section 6.2 above, Engineer shall deliver to Contractor Owner’s final written decision. 6.4 Contractor’s Final Demand If Contractor objects to Owner’s final decision, Contractor shall, within three business days of the receipt thereof, give Owner written notice of such objection and shall, in such notice, state its final demand for settlement of the Disputed Decision. Unless Contractor so notifies Owner, Contractor shall 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. 6.5 Contractor’s Remedies If Owner fails or refuses to satisfy a final demand made by Contractor pursuant to Section 6.4 above, or to otherwise resolve the Disputed Decision which is the subject of such demand to the satisfaction of Contractor, within 15 Days following receipt of such demand, Contractor shall be entitled to pursue such remedies, not inconsistent NOT FOR BID GENERAL CONDITIONS -40- with the provisions of this Contract, as it may have in law or equity; provided, however, that Contractor agrees that its compliance with the dispute resolution procedures set out in Sections 6.1 through 6.4 above shall be a condition precedent to the initiation of any legal action concerning any matter subject to the provisions of said Sections; and provided further, however, that Contractor agrees that any claim for an equitable adjustment in the Contract Price or Contract Time or both, as the case may be, shall be conditioned upon Contractor having first complied with the procedures set out in Section 2.5 of these General Conditions of Contract and shall in no event exceed, and shall be further limited to, the amount of equitable adjustment in the Contract Price or Contract Time or both, as the case may be, included in Contractor’s written request submitted in accordance with Section 2.5 of these General Conditions of Contract. 6.6 Owner’s Remedies A. Events of Default. Each of the following acts or omissions of Contractor shall be a default by Contractor of its obligations under this Contract (“Event of Default”) and the occurrence or existence of any such Event of Default shall entitle Owner to invoke any or all of the remedies set forth in Subsection 6.6B below: 1. Contractor’s initiation of, acquiescence in, or failure to have withdrawn any voluntary or involuntary petition in bankruptcy or for reorganization or for relief from its creditors or for any similar relief. 2. Contractor’s initiation of, acquiescence in, or failure to have withdrawn any action or agreement for the appointment of a receiver for its business or any of its property. 3. Contractor being or becoming insolvent, making a general assignment for the benefit of creditors, or assigning its right to any or all payments due under this Contract or to any part of the Work. 4. Contractor’s failure or refusal to pay any of its debts as they come due, including failure to pay when due any money owed to any Subcontractor or Supplier. 5. Contractor’s failure, refusal, or delay to prosecute the Work, or any part thereof, diligently at a rate that assures completion of the Work in full compliance with, and as required by or pursuant to, this Contract on or before the Completion Date. 6. Contractor’s failure, refusal, or delay to provide, perform, and complete the Work, or any part thereof, free from defects, damage, and flaws; in strict conformity to the requirements of this Contract; and in a manner suitable for its intended purposes. NOT FOR BID GENERAL CONDITIONS -41- 7. Contractor falsely making, or being found to have falsely made, any representation or warranty in any Bidding Document or in or pursuant to this Contract. 8. Contractor executing the Work in bad faith. 9. Contractor’s failure, refusal, or delay to perform, to satisfy, or to be in full compliance with, any other requirement of this Contract. B. Owner’s Remedies for Contractor’s Default. If it should appear at any time prior to Final Payment, whether as a result of any inspection or test or otherwise, that an Event of Default has occurred or is in existence, and if Contractor should fail to cure and eliminate such Event of Default within five business days after Contractor’s receipt of Owner’s written notice of such Event of Default, then Owner shall 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 6.6B1 above and withhold or recover from Contractor all the cost and expense, including attorneys’ fees and administrative costs, incurred by Owner in connection therewith. 3. Owner may accept the defective, damaged, flawed, unsuitable, nonconforming, incomplete, or dilatory Work or part thereof and make an equitable reduction in the Contract Price. 4. Owner may terminate this Contract without liability for further payment of amounts due or to become due under this Contract. 5. Owner may, without terminating this Contract, terminate Contractor’s rights under this Contract and, for the purpose of completing or correcting the Work, evict Contractor and take possession of all equipment, materials, supplies, tools, appliances, plans, specifications, schedules, manuals, drawings, and other papers relating to the Work, whether at the Work Site or elsewhere, and either complete or correct the Work with its own forces or contracted forces, all at Contractor’s expense. NOT FOR BID GENERAL CONDITIONS -42- 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 of Contractor shall be deemed to be assigned to Owner without any further action being required, but Owner shall not thereby assume any obligation for payments due under such Subcontracts for any Work provided or performed prior to such assignment. 7. Owner may withhold from any Progress Payment or Final Payment, whether or not previously approved, or may recover from Contractor, any and all costs, including attorneys’ fees and administrative expenses, incurred by Owner as the result of any Event of Default or as a result of actions taken by Owner in response to any Event of Default. 8. Owner may recover any damages suffered by Owner. C. Owner’s Special 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 Subsection 6.6B above 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, [a per diem charge for each Day completion of the Work is delayed beyond the Completion Date computed on the basis of $750.00 per Day, as liquidated damages and not as a penalty; it being understood that it will be difficult and impracticable to ascertain and determine the amount of damage that Owner will sustain by reason of such failure] OR [administrative expenses and costs for each Day completion of the Work is delayed beyond the Completion Date computed on the basis of a per diem charge of $750.00 per Day, as well as any additional damages caused by such delay or any liquidated damages provided for in the Special Conditions of Contract]. Notwithstanding an election made pursuant to this Subsection, Owner may thereafter exercise any of its remedies under Subsection 6.6B above if Owner at any time is not, in Owner’s opinion, adequately assured of prompt completion of the Work. D. Remedies Cumulative. Each of the remedies listed in this Section shall be deemed to be cumulative of all other remedies listed in this Section or elsewhere in this Contract and to exist in addition to every other such remedy and in addition to all other remedies provided by law or equity. E. Provisions Exemplary. Any reference in this Contract to Owner’s right to invoke the remedies of this Section are not intended to be, nor shall they be construed to be, an exclusive listing of the circumstances under which these remedies may be exercised, but rather they are intended to be only exemplary. F. Termination or Suspension Deemed for Convenience. Any termination or suspension of Contractor’s rights under this Section 6.6 for an alleged NOT FOR BID GENERAL CONDITIONS -43- Event of Default that is ultimately held unjustified shall be deemed a termination or suspension for the convenience of Owner under Section 1.12 of these General Conditions of Contract. ARTICLE VII DEFINITIONS 7.1 Defined Terms A. Addendum. Any written or graphic instrument issued prior to the execution of this Contract, dated, and signed by Owner or Engineer, that modifies, interprets, or corrects the Bidding Documents or this Contract. B. Additional Insureds. The Persons identified in Section 4 of the Special Conditions of Contract. C. Approved Rate. See Paragraph 2.3A3 of these General Conditions of Contract. D. Approved Schedule. See Paragraph 1.1B2 of these General Conditions of Contract. E. Balancing Change Order. See Paragraph 5.1C2 of these General Conditions of Contract. F. Bid Package. The bound set of documents based upon which Owner solicited proposals for this Contract, consisting of the Bidding Documents and this Contract. G. Bidder’s Proposal. The proposal to enter into this Contract, completed and executed by Contractor, and based upon which this Contract was awarded by Owner to Contractor. H. Bidding Documents. The documents incorporated by reference in Section 3 of the Invitation for Bidder’s Proposals and included in the Bid Package. I. Bond. Performance Bond, Labor and Material Payment Bond, and any other instrument of security, furnished, or required by this Contract to be furnished, by Contractor or its surety or sureties. J. Breakdown Schedule. See Paragraph 5.1C1 of these General Conditions of Contract. K. Change Order. A written order to Contractor executed by Owner authorizing or directing a change in this Contract; an addition to, deletion from, or revision in the Work or the Work Site; or an equitable adjustment in the Contract Price or the Contract Time. NOT FOR BID GENERAL CONDITIONS -44- L. Commencement Date. The date set forth in Section 2.1 of the Contract Agreement. M. Completion Date. The date set forth in Section 2.2 of the Contract Agreement. N. Contract. The Contract Agreement and all Contract Documents. O. Contract Agreement. The contract agreement executed by Owner and Contractor. P. Contract Documents. The documents listed in Section 1.2 of the Contract Agreement. Q. Contract Drawings. All (i) drawings furnished with the Invitation for Bidder’s Proposals, (ii) supplementary drawings furnished to clarify and to define in greater detail the intent of the drawings and specifications furnished with the Invitation for Bidder’s Proposals, (iii) drawings submitted by Contractor to Engineer pursuant to this Contract and reviewed and stamped by Engineer with no exception noted or an equivalent notation, and (iv) drawings submitted to Contractor by Engineer during the progress of the Work as provided for in this Contract. R. Contract Price. The lump sum amount or amounts, if any, stated in the Schedule of Prices and, for each acceptable unit of each Unit Price Item, if any, installed and complete in place, measured on the basis provided for in the Contract Drawings and Specifications, the Unit Price for such Unit Price Item stated in the Schedule of Prices, subject to any additions or deductions provided for in this Contract. S. Contract Time. The period of time allowed, including the Commencement Date and Completion Date, pursuant to Article II of the Contract Agreement for Contractor to provide, perform, and complete the Work, as such period of time may be modified by Change Order. T. Contractor. See Subparagraph 1.3A2(a) of the Contract Agreement. U. Day. Except where otherwise expressly defined, a calendar day of 24 hours, measured from midnight to the next midnight. V. Decreased Work. See Subsection 2.3B of these General Conditions of Contract. W. Disputed Decision. See Section 6.1 of these General Conditions of Contract. X. Engineer. See Subparagraph 1.3A2(b) of the Contract Agreement. NOT FOR BID GENERAL CONDITIONS -45- Y. Event of Default. See Section 6.6 of these General Conditions of Contract. Z. Final Acceptance. See Subsection 5.2B of these General Conditions of Contract. AA. Final Pay Request. See Subsection 5.2C of these General Conditions of Contract. BB. Final Payment. See Subsection 5.2C of these General Conditions of Contract. CC. General Instructions to Bidders. The instructions to bidders included in the Bid Package. DD. Increased Work. See Subsection 2.3A of these General Conditions of Contract. EE. Invitation for Bidder’s Proposal. The invitation for bidder’s proposals included in the Bid Package and by which Owner invited proposals to enter into this Contract. FF. Laws. All laws, statutes, ordinances, regulations, orders, decrees and other legal requirements, whether federal, state or local existing on or after the date of execution of this Contract. GG. Lien. See Subsection 5.3B of these General Conditions of Contract. HH. Notice of Completion. See Subsection 5.2A of these General Conditions of Contract. II. Notice of Dispute. See Section 6.1 of these General Conditions of Contract. JJ. Overtime Work. See Section 1.13 of these General Conditions of Contract. KK. Owner. See Subparagraph 1.3A2(c) of the Contract Agreement. LL. Pay Request. See Subsection 5.1B of these General Conditions of Contract. MM. Person. Any corporation, partnership, individual, joint venture, trust, estate, association, business, enterprise, proprietorship, or other legal entity of any kind, either public or private, and any legal successor, agent, representative or authorized assign of the above. NOT FOR BID GENERAL CONDITIONS -46- NN. Price Proposal. The total compensation proposed to be accepted by Contractor for the Work in the Bidder’s Proposal and from which the Contract Price is derived. OO. Progress Payment. The monthly installment payment to be made by Owner to Contractor in accordance with, and subject to the terms and conditions set forth in, Article V of these General Conditions of Contract. PP. Punch List. See Subsection 5.2B of these General Conditions of Contract. QQ. Punch List Work. See Subsection 5.2A of these General Conditions of Contract. RR. Required Coverages. See Section 4.1 of these General Conditions of Contract. SS. Required Submittals. See Subsection 1.3A of these General Conditions of Contract. TT. Specifications. All (i) specifications furnished with the Invitation for Bidder’s Proposals, (ii) supplementary specifications furnished to clarify and to define in greater detail the intent of the drawings and specifications furnished with the Invitation for Bidder’s Proposals, (iii) specifications submitted pursuant to this Contract by Contractor to Engineer and reviewed and stamped by Engineer with no exception noted or an equivalent notation, and (iv) specifications submitted to Contractor during the progress of the Work as provided for in this Contract. Unless otherwise noted, the term “Specifications” as used in this Contract shall not refer to any other standard specifications. UU. Subcontract. Any written or oral contract between Contractor and a Subcontractor or Supplier. VV. Subcontractor. Any Person, other than Contractor, that provides, performs, or completes any part of the Work at the Work Site, and the duly authorized officers, employees, agents, and representatives of any such Person. WW. Supplier. Any Person, other than Contractor, that supplies equipment, materials or supplies for the Work, including that fabricated to a special design, but that does not provide or perform labor at the Work Site, and the duly authorized officers, employees, agents, and representatives of any such Person. XX. Unit Price. The price set forth in the Schedule of Prices to be paid for each acceptable unit of each Unit Price Item, if any, installed and complete in place, measured on the basis provided for in the Contract Drawings and Specifications. NOT FOR BID GENERAL CONDITIONS -47- YY. Unit Price Items. The items set forth in the Schedule of Prices, if any, to be paid for on a Unit Price basis. ZZ. Value of Work. The value of the Work, determined in accordance with Subsection 5.1C of these General Conditions of Contract, for purposes of determining the then current amount of any Progress Payment to be made by Owner under this Contract. AAA. Work. See Subparagraph 1.3A2(d) of the Contract Agreement. BBB. Work Site. See Subparagraph 1.3A2(e) of the Contract Agreement. 7.2 Word Usage A. Tense and Form. Words used or defined in one tense or form shall include other tenses and derivative forms. B. Number. Words in the singular number shall include the plural number, and words in the plural number shall include the singular number. C. Shall and May. The word “shall” is mandatory. The word “may” is permissive. D. Subjective Standards. Whenever in this Contract the terms “as ordered,” “as directed,” “as required,” “as allowed,” “as approved,” or terms of like effect or import, or the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” or “satisfactory,” or adjectives of like effect or import, are used to describe a requirement, direction, review, or judgment of Owner or Engineer as to the Work, it is intended that such requirement, direction, review, or judgment shall be solely to evaluate the Work for compliance with this Contract, shall not relieve Contractor of the entire responsibility for the performance of the Work in full compliance with the requirements of this Contract, and shall not be regarded as any assumption of risk or liability by Owner or Engineer. E. Headings. In case of any difference of meaning or implication between any provision of this Contract and any heading, the Contract provision shall control, and no heading shall be construed to limit the scope or intent of any provision of this Contract. NOT FOR BID -i- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS SPECIAL CONDITIONS OF CONTRACT TABLE OF CONTENTS Section Page 1. Scheduling ............................................................................................................ 1 2. Special Construction Requirements ..................................................................... 1 3. Special Technical Requirements .......................................................................... 1 4. Special Financial Assurances ............................................................................... 1 NOT FOR BID -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS SPECIAL CONDITIONS OF CONTRACT Special Financial Assurances A. Additional Insureds/Indemnities. As provided in Subsection 4.2 and Section 4.3 of the Contract Agreement, the following Persons, including the elected and appointed officers, agents, employees, and officials of said Persons (the “Additional Insureds”) shall be named as additional insureds on the Commercial General Liability insurance required pursuant to this Contract, and the hold harmless and indemnification protection specified in Section 4.3 of the Contract Agreement shall be extended to such Additional Insureds as third-party beneficiaries thereof: 1) Village of Oak Brook, its officers, officials, employees, and volunteers are listed as additional insured. 2) Christopher B. Burke Engineering, Ltd. are listed as additional insured NOT FOR BID -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS LIST OF CONTRACT DRAWINGS SHEET NOS. SHEET TITLES DATE LAST REVISED 1 Cover Sheet 01/31/2024 2 General Notes 01/31/2024 3 Summary of Quantities 01/31/2024 4 Typical Sections 01/31/2024 5 - 7 Proposed Improvement Plans 01/31/2024 8 - 11 Construction Details 01/31/2024 NOT FOR BID VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS SPECIAL PROVISIONS TABLE OF CONTENTS DEFINITION OF TERMS .............................................................................................................. 1 CLARIFICATION OF CONTRACT DOCUMENTS ....................................................................... 1 CONTRACT TIME ........................................................................................................................ 2 SURVEY CONTROL POINTS ...................................................................................................... 2 VANDALISM ................................................................................................................................. 2 MAINTENANCE OF ROADWAYS ................................................................................................ 3 PUBLIC CONVENIENCE AND SAFETY ...................................................................................... 3 CHANGE IN SCOPE OF WORK .................................................................................................. 3 USE OF FIRE HYDRANTS ........................................................................................................... 4 MAILBOXES ................................................................................................................................. 4 CLEAN CONSTRUCTION AND DEMOLITION DEBRIS (CCDD) ................................................ 4 SUBSURFACE EXPLORATION DATA ........................................................................................ 4 SITE INVESTIGATION AND CONDITIONS AFFECTING WORK................................................ 4 NOISE ........................................................................................................................................... 5 USE OF HEAVY EQUIPMENT, TOOLS; RESTRICTIONS .......................................................... 6 SUPPLEMENTAL WATERING ..................................................................................................... 7 INLET FILTERS ............................................................................................................................ 7 CONSTRUCTION LAYOUT .......................................................................................................... 7 DRAINAGE STRUCTURES TO BE ADJUSTED .......................................................................... 9 DRAINAGE AND UTILITY STRUCTURES TO BE RECONSTRUCTED ................................... 10 PORTLAND CEMENT CONCRETE DRIVEWAY REMOVAL AND REPLACEMENT (RESIDENTIAL), BRICK DRIVEWAY REMOVAL AND REPLACEMENT (RESIDENTIAL) OR HOT-MIX ASPHALT DRIVEWAY REMOVAL AND REPLACEMENT (RESIDENTIAL) ............. 10 NOT FOR BID CLEARING .................................................................................................................................. 12 PORTLAND CEMENT CONCRETE SIDEWALK REMOVAL AND REPLACEMENT, 5 INCH, SPECIAL ..................................................................................................................................... 12 COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT (SPECIAL) .................................................................................................................................. 13 SODDING, SPECIAL .................................................................................................................. 14 CLASS D PATCH (SPECIAL) ..................................................................................................... 15 DRAINAGE STRUCTURES TO BE REMOVED ......................................................................... 16 WATER MAIN, 6” ........................................................................................................................ 16 WATER MAIN, 8” ........................................................................................................................ 16 PRESSURE TESTING OF WATER MAINS ............................................................................... 19 DISINFECTION OF WATER MAINS .......................................................................................... 20 WATER VALVES ........................................................................................................................ 22 FIRE HYDRANTS TO BE REMOVED ........................................................................................ 23 FIRE HYDRANTS WITH AUXILIARY VALVE AND VALVE BOX ............................................... 23 VALVE VAULTS, TYPE A, TYPE 1 FRAME, CLOSED LID, SPECIAL ...................................... 24 VALVE VAULTS TO BE REMOVED .......................................................................................... 24 STORM SEWERS, TYPE 1, WATER MAIN QUALITY PIPE...................................................... 25 AS-BUILT DRAWINGS ............................................................................................................... 26 MECHANICALLY PLUG AND BLOCK WATER MAIN ............................................................... 26 SHUT DOWN CONNECTION TO EXISITNG WATER MAIN ..................................................... 27 WATER MAIN FITTINGS ............................................................................................................ 28 WATER SERVICE REPLACEMENT, WITH NEW BUFFALO BOX, SHORT SIDE OR LONG SIDE, OF THE SPECIFIED SIZE ............................................................................................... 29 TRAFFIC CONTROL AND PROTECTION, SPECIAL ................................................................ 32 TRAFFIC CONTROL PLAN ........................................................................................................ 37 WATERMAIN QUALITY SANITARY SEWER, REPAIR, 6” ........................................................ 38 ITEMS AS ORDERED BY THE ENGINEER .............................................................................. 38 SPECIAL CONDITIONS ............................................................................................................. 39 NOT FOR BID SPECIAL PROVISIONS -1- VILLAGE OF OAK BROOK STATE OF ILLINOIS SPECIAL PROVISIONS FOR MERRY LANE WATER MAIN IMPROVEMENT PROJECT The following Special Provisions supplement the "Standard Specifications for Road and Bridge Construction", adopted January 1, 2022 (hereinafter referred to as the "Standard Specifications"); the latest edition of the "Illinois Manual on Uniform Traffic Control Devices for Streets and Highways" in effect on the date of invitation for bids; and the "Supplemental Specifications and Recurring Special Provisions", adopted January 1, 2023, indicated on the Check Sheet included herein; all of which apply to and govern the construction of: MERRY LANE WATER MAIN IMPROVEMENTS for the Village of Oak Brook, Illinois. These special provisions included herein apply to and govern the proposed improvement designated as MERRY LANE WATER MAIN IMPROVEMENTS PROJECT and in case of conflict with any part or parts of said specifications; said special provisions shall take precedent and shall govern. DEFINITION OF TERMS In addition to the definitions included in Section 101 of the "Standard Specifications for Road and Bridge Construction", adopted January 1, 2022 the following should be added: Engineer - shall be the firm of Christopher B. Burke Engineering, Ltd. as Engineer employed by the Owner. Owner - shall be the Village of Oak Brook. Municipality - shall be the Village of Oak Brook. Department - shall be the Village of Oak Brook. Village - shall be the Village of Oak Brook. CLARIFICATION OF CONTRACT DOCUMENTS Requests for interpretations of the Bid Documents shall be made in writing, email or via telephone, and shall be received at least five (5) days prior to the bid opening. All interpretations and supplemental instructions will be in the form of written addenda to the Bid Documents. A copy of such addendum will be mailed to all BIDDERS who register with the VILLAGE. In order to register with the Village, BIDDERS must send notice to: NOT FOR BID SPECIAL PROVISIONS -2- Rania Serences, Purchasing and Budgeting Coordinator Butler Government Center 1200 Oak Brook Road Oak Brook, IL 60523 rserences@oak-brook.org BIDDERS will provide written acknowledgment of receipt of each addendum issued with the bid submission. Failure to acknowledge receipt of the addenda may be cause for rejection for the BID. The information shall also be placed on file and be made available to the public per the Freedom of Information Act. Oral explanations will not be made. No addenda shall be issued later than three (3) working days prior to bid opening date. CONTRACT TIME For this contract, substantial completion shall be completed by May 24, 2024 and all work including punch list items shall be completed by June 7, 2024. Should the Contractor fail to complete the work as stipulated above, the Contractor shall be liable to reimburse the Owner in accordance with Article 108.09, Failure to Complete the Work on Time. SURVEY CONTROL POINTS The provisions of Article 105.09 of the Standard Specifications shall be modified so that the Contractor will be responsible for all layout, staking and other activities required to establish the location, alignment, elevations, and grade of work. The Contractor shall assume full responsibility for all dimensions and elevations required to construct the work in accordance with the details shown on the plans. The Engineer will be available to assist the Contractor in interpretation of the plans and layout operations. In the event any questions arise to the proposed location of any work element or the intent of the plans, the Contractor shall advise the Engineer of such issues prior to the execution of any construction operations. This work will not be measured or paid for separately but shall be considered as included in and incidental to the various payment items provided for herein. VANDALISM Special attention is called to the Special Provision for "Inspection" as well as Article 107.30 of the "Standard Specifications". Any defaced work shall be corrected or replaced by the Contractor at Contractor’s sole expense prior to final payment. The Village of Oak Brook shall cooperate with the Contractor to minimize vandalism, but the Contractor shall be ultimately responsible to correct any damage. The Village will not be NOT FOR BID SPECIAL PROVISIONS -3- responsible for the security of the worksite in this regard, other than normal patrolling and response to emergencies. The cost of additional security required to meet this provision shall be solely the Contractor's responsibility. MAINTENANCE OF ROADWAYS Beginning on the date that work begins on this project, the Contractor shall assume responsibility for normal maintenance of all existing roadways within the limits of the improvement. This normal maintenance shall include all repair work deemed necessary by the Engineer but shall not include snow removal operations. Traffic control and protection for maintenance of roadways will be provided by the Contractor as required by the Engineer. PUBLIC CONVENIENCE AND SAFETY In addition to the requirements of Article 107.09 of the "Standard Specifications for Road and Bridge Construction", the Contractor shall maintain entrances and side roads along the proposed improvement; interference with traffic movements and inconvenience to owners of abutting property and public shall be kept to a minimum. Any delays or inconveniences caused the Contractor by complying with these requirements shall be considered as incidental to the contract, and no additional compensation will be allowed. The Contractor is to plan his work so that there will be no open holes in the pavement and that all barricades will be removed from the pavement during non-work hours. During all construction operations, the Contractor will be required to provide, erect and maintain proper signage and barricades plus provide flagmen as necessary for safe traffic control. All provisions relating to traffic control, signage, barricades, and the use of flagmen shall be subject to the approval and the direction of the Engineer. The Contractor will not be allowed to close any street to through travel without the prior approval of the Engineer. The Contractor will be required to provide all warning signs, barricades, traffic cones, flagmen and other appurtenances as the Engineer deems necessary to guarantee the safety of motorists and pedestrians during construction. This work will not be paid for separately but shall be considered as incidental to the Contract and no extra compensation will be allowed. CHANGE IN SCOPE OF WORK The Village reserves the right to decrease the contract quantities in order to meet budgetary constraints. No compensation will be allowed to the Contractor for decrease in quantities and anticipated profits. NOT FOR BID SPECIAL PROVISIONS -4- USE OF FIRE HYDRANTS In addition to the requirements of Article 107.18 of the Standard Specifications, construction water must be obtained from a tank truck and not from municipal fire hydrants. Arrangements for filling a tank truck shall be made with the Village of Oak Brook Public Works Department, 3003 Jorie Boulevard, Oak Brook, Illinois. MAILBOXES Adjacent to the construction operations (not limited to grinding, paving, driveway work, curb and gutter removal and replacement, drainage improvements) and off the back of curb are mailboxes. It shall be the contractor’s responsibility to temporarily relocate and reinstall any mailbox that conflicts with construction activities. If the mailbox is a decorative mailbox structure, it shall be the Contractor’s responsibility to protect the decorative mailboxes while performing work adjacent to them. The cost to remove, temporarily relocate and reinstall, or protect mailboxes shall be included in the overall cost of the contract and will not be measured and paid for separately. Any damage to these mailboxes caused by the Contractor during the contract shall be repaired by the Contractor to the satisfaction of the Engineer and at no additional cost to the Village or Resident. CLEAN CONSTRUCTION AND DEMOLITION DEBRIS (CCDD) The Village shall provide the contractor with an Uncontaminated Soil Certification form LPC 662 and 663 (specific to various sites) and is not aware of any contaminated soils. The Village will assume responsibility for reasonable extras, if contaminated soils exist, but will not assume responsibility for failed attempts to deliver contaminated soils to a CCDD dump site. SUBSURFACE EXPLORATION DATA Limited investigation of subsurface conditions at the proposed site of Work has been made for the purpose of design. The Village of Oak Brook, Testing Service Corporation, and Christopher B. Burke Engineering, Ltd. assume no responsibility whatsoever with respect to the sufficiency or accuracy of these preliminary investigations, nor their interpretation, and there is no guarantee, either expressed or implied that conditions indicated are representative of those existing throughout the Work or any part of it, or that unforeseen developments may occur. SITE INVESTIGATION AND CONDITIONS AFFECTING WORK The BIDDER acknowledges that, prior to submission of its bid, it has taken steps necessary to ascertain the nature and location of the Work, and that it has investigated, confirmed, verified as correct and satisfied itself as to the general and local conditions which can affect the Work or its costs, including but not limited to (1) location and load NOT FOR BID SPECIAL PROVISIONS -5- capacity of existing roadways, utilities, corresponding pavement, shoulders, curb and gutter, sanitary sewer, storm sewers, and water main, bearing upon transportation, disposal, handling and storage of materials; (2) the availability of labor, water, electric power and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground and existing detention ponds; (5) the character of equipment and facilities needed prior to and during work performance; (6) subsurface conditions at the site of Work; (7) the quantities and qualities of all materials, equipment, and labor set forth in Bid Proposal, plans and drawings and specifications that are necessary to complete all of the Work as required under the Contract Documents; and (8) the location, condition, compatibility, configuration of all existing utilities and infrastructure. The BIDDER also acknowledges that it has verified as correct, confirmed and satisfied itself as to the character, quality and quantity of surface and subsurface materials, obstacles or conditions to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done, if any, as well as from the drawings, plans and specifications made a part of the bidding documents. The BIDDER further acknowledges that it has reviewed, investigated, confirmed, verified as correct and satisfied itself as to the geotechnical report. Any failure of the BIDDER to take the actions described and acknowledged in this paragraph will not relieve the BIDDER from responsibility for estimating properly the difficulty and cost of successfully performing the Work, or for proceeding to successfully perform the Work without additional expense to the OWNER. Christopher B. Burke Engineering, Ltd. and OWNER assume no responsibility for any conclusions or interpretations made by the BIDDER based on information made available by Christopher B. Burke Engineering, Ltd., or the OWNER of the project. Nor do the OWNER or Christopher B. Burke Engineering, Ltd. assume responsibility for any understanding reached or representation made concerning conditions which can affect the Work by any of its officers or agents before the acceptance of the bid offer and execution of the contract, unless that understanding or representation is expressly stated in this contract. NOISE A. It shall be unlawful for any person to make, continue to cause to be made or continue any loud, unnecessary, prolonged, or unusual noise which disturbs the peace of others. B. Any person who shall, without prior authorization by the President and Board of Trustees, operate or cause, permit or allow to be operated upon any public street in the Village any mechanically operated piano, phonograph or other musical instrument, radio or similar mechanical or electrical device or wind instrument or noise-making device of any character whatsoever, for the purpose of advertising any goods, wares, merchandise or other articles for sale, barter or exchange, or for the purpose of attracting attention, or of inviting the patronage of any person to any business whatsoever, shall be deemed guilty of an offense against the Village. (Ord. G-577, 10-22-1996) NOT FOR BID SPECIAL PROVISIONS -6- USE OF HEAVY EQUIPMENT, TOOLS; RESTRICTIONS Except as provided in subsections B, C and D of this Section, no person or entity may use “heavy equipment” in residential areas except between seven o’clock (7:00) A.M. and six o’clock (6:00) P.M. Monday through Friday and between eight o’clock (8:00) A.M. and five o’clock (5:00) P.M. on Saturdays and Sundays; and in commercial areas except between six o’clock (6:00) A.M. and six o’clock (6:00) P.M. Monday through Friday and between six o’clock (6:00) A.M. and six o’clock (6:00) P.M. on Saturdays and Sundays; provided, however, that such equipment shall not be used at any time on Federal holidays. For purposes of this Section, “heavy equipment” shall mean bulldozers, jackhammers, pile drivers, power hammers, chain saws, graders, riveters, earth movers, tree and stump grinders, trenchers, cement mixers, tractors, power hoists or derricks, demolition balls, power shovels, trucks, and power equipment on wheels or traction chains, or other similar equipment, but shall not include garbage trucks which are governed by separate agreement within the Village. A. Other Tools: Tools other than heavy equipment may be used at any time within a fully enclosed structure; any use of such tools outside a fully enclosed structure shall be prohibited between the hours of eight o’clock (8:00) P.M. and eight o’clock (8:00) A.M., except as provided in subsections B, C and D of this Section. B. 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. C. 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. D. Waiver: The limitations stated in this Section may be waived by the Village Manager 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 Village Manager finds that: 1. The party seeking the waiver will suffer a unique or unusual hardship unless the waiver is granted; and The granting of a waiver will not cause a substantial or undue adverse impact upon adjacent property or upon the public health, safety, and welfare. The Village Manager may attach to such waiver all conditions he deems necessary to protect the public health, safety, or welfare. NOT FOR BID SPECIAL PROVISIONS -7- SUPPLEMENTAL WATERING Description. This work shall consist of applying additional water to newly sodded areas as directed by the ENGINEER in accordance with Section 252 of the Standard Specification. Water shall be applied at a rate of 15 L/sq m (3 gal/sq yd) or as directed by the ENGINEER. The CONTRACTOR shall provide the meter readings of the usage of water on a daily basis to the ENGINEER. Method of Measurement and Basis of Payment. This work shall be calculated and paid for at the contract unit price per unit of SUPPLEMENTAL WATERING based on the amount sod installed which includes all labor, material, and equipment. INLET FILTERS This item shall consist of furnishing inlet filter baskets for all open frame inlets, maintain for the duration of the project. Method of Measurement and Basis of Payment: This work will be paid for at the contract unit each price for INLET FILTERS which shall include all equipment, materials, and labor to perform the described work. CONSTRUCTION LAYOUT The Contractor shall be required to furnish and place construction layout stakes for this project. The Engineer will provide adequate reference points to the centerline of survey and benchmarks as shown in the plans and listed herein. Any additional control points set by the Engineer will be identified in the field to the Contractor and all field notes will be kept in the office of the Resident Engineer. The Contractor shall provide field forces, equipment, and material to set all additional stakes for this project, which are needed to establish offset stakes, reference points, and any other horizontal or vertical controls, including supplementary benchmarks, necessary to secure a correct layout of the work. Stakes for line and grade of pavement and/or curb shall be set at sufficient station intervals (not to exceed 15 m (50 ft.)) to assure substantial conformance to plan line and grade. The Contractor will not be required to set additional stakes to locate a utility line which is not included as a pay item in the contract nor to determine property lines between private properties. The Contractor shall be responsible for having the finished work substantially conform to the lines, grades, elevations, and dimensions called for in the plans. Any inspection of checking of the Contractor’s layout by the Engineer and the acceptance of all or any part of it shall not relieve the Contractor of his/her responsibility to secure the proper dimension, grades, and elevations of the several parts of the work. The Contractor shall NOT FOR BID SPECIAL PROVISIONS -8- exercise care in the preservation of stakes and benchmarks and shall have them reset at his/her expense when any are damaged, lost, displaced, or removed or otherwise obliterated. Responsibility of the Engineer a. The Engineer will locate and reference the centerline of all roads and streets except interchange ramps. The centerline of private entrances and short street intersection returns will not be located or referenced by the Engineer. Locating and referencing the center line of survey will consist of establishing and referencing the control points of the centerline of surveys such as PC’s, PT’s and as many POT’s as are necessary to provide a line of sight. b. Benchmarks will be established along the project outside of the construction lines not exceeding 300 m (1,000 ft.) intervals horizontally and 6 m (20 ft.) Vertically. c. Stakes set for (a) and (b) above will be identified in the field to the Contractor. d. The Engineer will make random checks of the Contractor’s staking to determine if the work is in substantial conformance with the plans. Where the Contractor’s work will tie into work that is being or will be done by others, checks will be made to determine if the work is in conformance with the proposed overall grade and horizontal alignment. e. The Engineer will set all stakes for utility adjustment for building fences along the right of way line by parties other than the Contractor. f. The Engineer will make all arrangements and take all cross sections from which the various pay items are to be measured. g. Where the Contractor, in setting construction stakes, discovers discrepancies, the Engineer will check to determine their nature and make whatever revisions are necessary in the plans, including the recross sectioning of the area involved. Any additional restaking required by the Engineer will be the responsibility of the Contractor. The additional restaking done by the Contractor will be paid for in accordance with 109.04 of the Standard Specifications. h. The Engineer will accept responsibility for the accuracy of the initial control points as provided herein. i. It is not the responsibility of the Engineer, except as provided herein, to check the correctness of the Contractor’s stakes; however, any errors that are apparent will be immediately called to the Contractor’s attention and s(he) shall be required to make the necessary correction before the stakes are used for construction purposes. NOT FOR BID SPECIAL PROVISIONS -9- j. Where the plan quantities for excavation are to be used as the final pay quantities, the Engineer will make sufficient checks to determine if the work has been completed in substantial conformance with the plan cross sections. Responsibility of the Contractor a. The Contractor shall establish from the given survey points and benchmarks all the control points necessary to construct the individual project elements. S(he) shall provide the Engineer adequate control in close proximity to each individual element to allow adequate checking of construction operations. This includes, but is not limited to, line and grade stakes, line and grade nails in form work, and/or filed or etched marks in substantially completed construction work. It is the Contractor’s responsibility to tie in centerline control points in order to preserve them during construction operations. b. At the completion of the grading operations, the Contractor will be required to set stakes at 30 m (100 ft.) station intervals along each profile grade line. These stakes will be used for final cross sectioning by the Engineer. c. All work shall be in accordance with normally accepted self-checking surveying practices. Field notes shall be kept in standard survey field notebooks and those books shall become the property of the Engineer at the completion of the project. All notes shall be neat, orderly and in accepted form. d. For highway structure staking, the Contractor shall use diligent care and appropriate accuracy. Points shall be positioned to allow reuse throughout the construction accuracy. Prior to the beginning of construction activities, all structure centerlines and pier lines are to be established by the Contractor and checked by the engineer. The Contractor shall provide a detailed structure layout showing span dimensions, staking lines, and offset distances. Measurement and Payment. This item will be paid for at the contract lump sum price for CONSTRUCTION LAYOUT, which prices shall be payment in full for all services, materials, labor, and other items required to complete the work. DRAINAGE STRUCTURES TO BE ADJUSTED Description. This work shall consist of adjusting valve vaults, catch basins, manholes and inlets with a new frame and grate where specified and patching of adjacent pavement as required, in accordance with Section 602 and Section 442 of the Standard Specifications and as specified herein. For structures on radii, Contractor shall be responsible for offsetting the existing back of curb to assure that the new frame is placed in the same location. NOT FOR BID SPECIAL PROVISIONS -10- Rubber adjustment rings are to be used on all structure adjustments. Intra-Riser ‘Multi- Purpose Rubber Adjustment Risers’ or an approved equal are to be used. Construction adhesive will be placed between each ring and below the frame. Class SI Concrete shall be used to patch all pavement adjacent to structure adjustments unless otherwise specified by the Engineer. The pavement shall be saw cut the full depth of the pavement to ensure square and sturdy edges prior to the placement of the patch. This work will be incidental to the cost of this item and will not be paid for separately. Type 1 frame closed lid shall be used on structures as indicated. Lids for storm inlets shall have the word "STORM" cast into them. Neenah R-3501-D2A or Type 6 frames shall be used on structures in the curb line as indicated on the plans. Basis of Payment. This work will be measured and paid for at the contract unit price per each for DRAINAGE STRUCTURES TO BE ADJUSTED. DRAINAGE AND UTILITY STRUCTURES TO BE RECONSTRUCTED Description. This work shall consist of reconstructing valve vaults, catch basins, manholes and inlets with a new frame and grate where specified and patching of adjacent pavement as required, in accordance with Section 602 and Section 442 of the Standard Specifications and specified herein. This item includes the cost of a new precast cone section or flat slab top. Each structure being reconstructed shall be limited to two adjustment rings. The final ring and rings less than 2” on all drainage adjustments shall be rubber Intra-Riser ‘multi- purpose Rubber Adjustment Risers’ or an approved equal. The CONTRACTOR shall place a continuous strip 3/8” thick of polyurethane sealer/adhesive between the PCC structure or PCC ring and the bottom of the rubber ring. The CONTRACTOR shall also place a continuous strip 3/8” thick of polyurethane sealer/adhesive between the top of the rubber ring and the bottom of the frame. Hydraulic cement shall be used in the adjustment of said structure to seal the outside of the adjustment rings and under the frame. Class SI concrete shall be used to patch the pavement adjacent to structure reconstructions unless otherwise specified by the Engineer. Basis of Payment. This work will be paid for at the contract unit each price for DRAINAGE AND UTILITY STRUCTURES TO BE RECONSTRUCTED. PORTLAND CEMENT CONCRETE DRIVEWAY REMOVAL AND REPLACEMENT (RESIDENTIAL), BRICK DRIVEWAY REMOVAL AND REPLACEMENT NOT FOR BID SPECIAL PROVISIONS -11- (RESIDENTIAL) or HOT-MIX ASPHALT DRIVEWAY REMOVAL AND REPLACEMENT (RESIDENTIAL) Description. This work shall consist of patching existing residential HMA or P.C.C. driveway pavement at locations as directed by the Engineer, in accordance with Sections 301, 351, 406 and 423 of the Standard Specifications and as specified herein or replacement of brick driveway. Construction Requirements. The Contractor shall remove existing driveway pavement (concrete or asphalt-not aggregate base) and, if necessary, excavate in accordance with Sections 440 and 202 of the Standard Specifications in order to achieve appropriate finished grades. All existing aggregate driveway aprons are to be replaced with HMA. In areas adjacent to new curb, Contractor shall add Stone (CA-6) where necessary and hand compact prior to the placement of PCC or asphalt. The proposed residential driveway patching shall consist of: 6” Portland Cement Concrete and 4” Aggregate Base Course, Type B if the existing driveway is P.C.C. The finish of the driveway shall match behind the repair. Where the finish behind the repair is “California” or “letter box”, the contractor shall match the finish on the new apron. It shall be the Contractor’s responsibility to verify the finish at each location. Installation of this finish shall be considered incidental to this item; or 3” Hot-Mix Asphalt Surface Course, Mix “D”, N50 and 6” Aggregate Base Course, Type B if the existing driveway is Hot-Mix Asphalt or Aggregate. The Contractor shall be required to lather the abutting surface of the existing asphalt driveway with BITUMINOUS MATERIALS (PRIME COAT) to bond the existing driveway to the proposed section; or Replace existing brick and 3” of sand in identical pattern if the existing driveway is Brick. If brick is cracked or damaged, the contractor is responsible for replacing with similar size and color brick. All excavation; embankment; sawcutting; driveway pavement removal; preparation and compaction of the existing stone base; 4” Hot-Mix Asphalt Surface Course, Mix “D”, N50, Brick and P.C.C. Driveway pavement will not be paid for separately but shall be included in this pay item. Method of Measurement and Basis of Payment. This work will be measured and paid for at the contract unit price per square yard for PORTLAND CEMENT CONCRETE DRIVEWAY REMOVAL AND REPLACEMENT (RESIDENTIAL), BRICK DRIVEWAY REMOVAL AND REPLACEMENT (RESIDENTIAL) or HOT-MIX ASPHALT DRIVEWAY NOT FOR BID SPECIAL PROVISIONS -12- REMOVAL AND REPLACEMENT (RESIDENTIAL), as the case may be, which price shall be payment in full for constructing this item as specified, including all materials, labor and equipment. CLEARING Description. This work shall consist of the removal of all brush, logs, weeds, grass, and stumps less than 6” in diameter. It shall also include vertical face tree trimming. This work shall be completed in accordance with Section 201 of the Standard Specifications. Method of Measurement. Clearing will be measured for payment in place, and the area computed in square feet. Basis of Payment. This work will be paid for at the contract unit price per square foot for CLEARING, which price shall include all removal and disposal of all natural waste items. PORTLAND CEMENT CONCRETE SIDEWALK REMOVAL AND REPLACEMENT, 5 INCH, SPECIAL Description. This work shall consist of removing and placing Portland cement concrete sidewalk on a compacted subbase and shall be performed in accordance with Sections 311 and 424 of the Standard Specifications with the following alterations. Construction Requirements. Sidewalks shall be placed on a minimum of 4-inches of Subbase Granular Material, Type B. Expansion joints shall be placed at intervals of not more than 50 feet. At driveway apron locations, the depth of concrete shall be increased to 7-inches. All required excavation shall be included. Any tree roots encountered during sidewalk installation shall be sawcut and removed by the Contractor. During sidewalk removal or replacement, any damage to the parkway (sod) from forms, concrete trucks, or construction traffic in addition to the 1’ maximum payment width shall be repaired by the Contractor at no cost to the owner. All exposed surfaces of newly placed concrete shall be cured by the application of a curing and sealing compound in accordance with Article 420.18 of the Standard Specifications and the manufacturer’s recommendations for which no additional compensation will be made. The curing and sealing compound shall be “Super Rez Seal” produced by the Euclid Chemical Company, or an approved equal. The concrete shall be cured in accordance with Article 1020.13 of the Standard Specifications. Method of Measurement. Portland cement concrete sidewalk will be measured for payment in place, and the area computed in square feet. NOT FOR BID SPECIAL PROVISIONS -13- Basis of Payment. This work will be paid for at the contract unit price per square foot for PORTLAND CEMENT CONCRETE SIDEWALK REMOVAL AND REPLACEMENT, 5 INCH SPECIAL, which price shall include all removal, disposal, required expansion joints, special texturing, variable height edge treatment at sidewalk ramps, additional thickness at driveway aprons, protective curing coat, compacted subbase granular material, and required excavation. COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT (SPECIAL) Description. This work shall consist of the removal of the existing curb and gutter and the construction of new concrete curb and gutter to match the adjacent existing curb type including all necessary excavation, embankment and subbase granular material as shown in the detail on the plans and in accordance with Sections 606, 202, 205 and 311 of the Standard Specifications and as specified herein. Construction Requirements. In addition to the requirements of Article 606.06 of the Standard Specifications the Contractor shall excavate all material necessary to build the proposed curb and gutter and proposed subbase in accordance with Section 202 of the Standard Specifications. The proposed subbase shall be subbase granular material, Type B, of the thickness shown on the plans in accordance with Section 311 of the Standard Specifications. Backfill behind the proposed back of curb shall be in accordance with Section 205 of the Standard Specifications. Any existing pavement removed adjacent to the new curb and gutter shall be replaced with Class SI concrete. PCC base shall be poured separately from the curb patch, after the front form has been removed. Expansion joints shall be placed at a maximum spacing of 45 feet, any radius point and on each side of a curb drainage structure. Expansion joints shall be constructed with 2 - #6 epoxy coated smooth (18" long) dowel bars coated smooth dowel bar, 18” long. Contraction joints shall be placed at a maximum spacing of 20 feet. Contractor shall use full forms - 9” at edge of pavement. The Contractor may use angle irons at the back of curb provided that the irons are in new condition and are not warped or disfigured in any way. This determination will be at the sole discretion of the Engineer. Two 48” long #4 dowel bars are required to be installed in the curb head at any drainage structure located in the flow line of the curb. For brick, brick pavers, flagstone or similar decorative driveways, the Contractor shall carefully remove only that which is necessary to construct the adjacent curb and gutter or driveway. The existing material shall be carefully stored and replaced after the adjacent curb and gutter, or driveway is completed. In some locations, the Contractor may have to provide additional material. The additional brick, pavers or flagstone must match the existing and be approved by the Engineer before installation. The Contractor shall provide a 2” thick sand base or equal to the thickness of the existing base whichever is greater. This work will not be paid for separately but shall be included in this pay item. NOT FOR BID SPECIAL PROVISIONS -14- All curb and gutter shall be saw cut prior to removal. It shall be the responsibility of the Contractor to obtain a clean, vertical, full depth and uniform cut through the entire cross section of the curb and gutter. The Contractor shall remove the existing curb and gutter with extreme care. For curb and gutter removal adjacent to concrete pavement, a vertical saw cut at the edge of pavement may be required in order to remove the curb without damaging the pavement. Driveway aprons shall not be removed for curb and gutter forming purposes unless directed by the Engineer.” Any damage beyond the marked limits of removal to adjacent curb and gutter, driveway, pavement, or structure will result in additional removal of damaged areas to be removed and replaced at the expense of the Contractor. The Contractor shall ensure the highest workmanship possible. The Contractor shall be required to remove and replace at no additional cost to the Village and to the satisfaction of the Engineer, all areas of curb and gutter in which the quality of workmanship is deemed deficient by the Engineer. The top 4” of the back of the curb shall be mortared with smooth brush finish after the forms are removed. The Contractor shall ensure there is no honeycombing along the back face of the curb. If honeycombing is identified by the Engineer after the forms are removed, the Contractor will be responsible for completing necessary repairs to the satisfaction of the Engineer at no additional cost to the Village. Proposed combination curb and gutter shall have a 10” thick gutter flag. Method of Measurement and Basis of Payment. Combination concrete curb and gutter and all saw cutting, excavation, subbase material, Class SI concrete, and backfill necessary to construct the work as specified herein shall be measured and paid for at the contract unit price per foot for COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT (SPECIAL) or COMBINATION CURB AND GUTTER REMOVAL AND REPLACEMENT (COMMERCIAL ENTRANCES). SODDING, SPECIAL Description. This work shall consist of preparing the ground surface, furnishing, and placing pulverized topsoil to a 4” (150 mm) depth, fertilizing the areas to be sodded as specified in the plans and furnishing and placing sod. All work shall be in accordance with the applicable portions of Sections 211 and 252 of the Standard Specifications. In addition to the applicable portions of Section 107 of the Standard Specifications, all other areas shall be restored to their conditions prior to construction. The contractor shall grade all ditch lines which are disturbed during construction to ensure proper drainage exists after construction. Restoration at locations of underground construction shall take place after the trench has settled. Within the County right-of-way the sod shall be of the salt-tolerant variety. At all other locations, the sod shall be Kentucky Blue Grass. NOT FOR BID SPECIAL PROVISIONS -15- Watering shall be done as directed by the Engineer, in accordance with Articles 252.08 and 252.09 of the Standard Specifications. Any additional watering requested by the Engineer shall be paid for at the contract unit price for SUPPLEMENTAL WATERING in accordance with Articles 252.09 and 252.13 of the "Standard Specifications for Road and Bridge Construction". The sodded areas shall be guaranteed by the Contractor for a period of one (1) year after installation. During this period all defective areas caused by inadequate watering, salt damage, pedestrian and traffic damage or other reasons shall be repaired at the Contractor’s expense. Method of Measurement and Basis of Payment. This work shall be measured in place and the area calculated in square yards (square meters) and shall be paid for at the contract unit price per square yard (square meter) for SODDING, SPECIAL, which price shall be full compensation for all labor, equipment, and material including fertilizer and furnishing and placing topsoil to complete the work as specified in these special provisions. Unless previously approved by the Engineer, maximum payment width is 2 feet behind any curb and gutter repair and 1 foot on either side of any sidewalk and driveway replacement. CLASS D PATCH (SPECIAL) Description. This work shall consist of patching pavement at locations marked by the Engineer. This work shall be done in accordance with Section 442 of the Standard Specifications except that the four types, namely Type I, Type II, Type III and Type IV have been combined under the pay item Class D Patch (Special), of the thickness specified in the details in the plans. Furthermore, when removing pavement, the use of any type of concrete breakers which might damage the underground public or private utilities will not be permitted. Under no circumstances will the use of a frost ball be permitted. Locations of Class D Patches shall be determined by the Engineer and marked in the field. The existing pavement including the base and concrete/bituminous surface shall be removed to the specified depth below the ground surface and replaced with concrete/hot- mix asphalt, as specified in Section 406 and 420. The surface of the patch shall meet the surface of the ground bituminous surface or finished pavement as the situation warrants. Measurement and Payment. This work will be paid for at the contract unit price per square yard for CLASS D PATCH (SPECIAL) of the thickness specified in the Patch Detail, which price shall include the removal of the existing pavement base and surface, and sub-grade as directed by the engineer and the placement and compaction of the specified concrete or bituminous mixture up to the ground surface. NOT FOR BID SPECIAL PROVISIONS -16- DRAINAGE STRUCTURES TO BE REMOVED Description. This work shall consist of removing and disposing of existing manholes, catch basins, inlets, and water valves in accordance with Section 605 of the Standard Specifications and as specified herein. Construction Requirements. In addition to the requirements of Article 605.03 of the Standard Specifications, the Contractor shall saw cut a square area around the structure to be removed of sufficient size to both remove the structure and to construct the replacement structure. If a new structure is not to be installed at the same location, excavated areas around the structure shall be backfilled with compacted CA-7. This backfill shall be included in the cost for DRAINAGE STRUCTURE TO BE REMOVED. All existing frames and grates that are removed shall be delivered to the Public Works Department for their use. Any costs associated with the delivery shall be included in the cost for DRAINAGE STRUCTURE TO BE REMOVED. Basis of Payment. This work shall be measured and paid for at the contract unit price per each for DRAINAGE STRUCTURES TO BE REMOVED. The word STRUCTURE shall be understood to mean manhole, catch basin, inlet, and water valves as the case may be. WATER MAIN, 6” WATER MAIN, 8” Description. This work shall consist of constructing new water main pipe at the locations shown on the Drawings in accordance with the applicable portions of Divisions II and III of the WATER AND SEWER SPECIFICATIONS and section 561 of the Standard Specifications for Road and Bridge Construction except as modified herein. Materials. The proposed water main shall be polyvinyl chloride (PVC) pipe complying with the requirements of AWWA C900 DR18 for sizes 12” and smaller OR AWWA C905 DR18 for sizes 14” and larger as manufactured by JM Eagle, Diamond Plastics, North American Pipe Corporation or Northern Pipe Products. The pipe and joints shall conform to ANSI/AWWA C900 Pressure Class 235. Installation of PVC C-900 pipe shall conform to ANSI/AWWA C605. In accordance with the details in the plans, connections to bends, tees, reducers and other fittings shall be made with fully restrained mechanical joints manufactured by Tyler/Union meeting the requirements of ANSI/AWWA C153/A21.10. All fitting shall be furnished with EBAA Iron, Inc. Mega-Lug 2000PV retainer glands or Ford Uni-Flange Series 1500 Circle Lock MJ retainer glands and shall be called fluorocarbon coated low alloy corrosion-resistant high-strength steel (cor-ten) t-bolts and nuts equal to NSS cor-blue in accordance with ANSI/AWWA C111/A21.1. NOT FOR BID SPECIAL PROVISIONS -17- All fittings shall be wrapped with polyethylene film, 8 mil thick, in accordance with ANSI/AWWA C105/A21.5 and securely fastened to the adjacent PVC pipe to the satisfaction of the Engineer. Bedding, haunching and initial backfilling for pipe installation shall consist of CA-7 course aggregate gradation and is considered incidental to the cost of the water main. Bedding shall consist of 6” compacted granular bedding beneath the pipe. Haunching shall consist of the backfill from the bottom of the pipe to the spring line (centerline) of the pipe. Initial backfill includes granular backfill from the spring line of the pipe to 12” above the pipe. Initial backfill and haunching shall be placed in 6-inch maximum layers of the specified materials and compacted by mechanical means. Each layer shall be compacted to 95 percent of the maximum dry density. All pipe, fittings, haunching, initial backfill and retainer glands shall be included in the cost of associated water main of the size and type specified. The standard test to define maximum densities of all compaction work shall be ASTM D1557. All densities shall be expressed as a percentage of the maximum density obtained in the laboratory by the ASTM D1557 standard procedure. Select backfill material (common) excavated from the site, or the trench shall be placed back into the trench when and where select (common) backfill is shown on the Drawings. Only select material free of organics, rocks and debris shall be placed back into the trench and only as approved by the ENGINEER. The select backfill material shall be placed in one-foot layers and compacted by mechanical means from one foot above the top of the pipe to the bottom of required topsoil. Each layer shall be compacted to 90 percent of the maximum dry density. The CONTRACTOR shall provide all trench bracing/protection in accordance with Article 550.04 of the STANDARD SPECIFICATIONS and shall provide ample means and equipment to keep all excavations dry during the construction period until completion and acceptance of the work at final inspection. All trench bracing/protection and dewatering is considered incidental to the cost of the work. Testing. Disinfection of the water main shall be performed using only liquid chlorine. Under certain conditions when the use of liquid chlorine is not practical, chlorine tablets will be allowed with the approval of the ENGINEER. Chlorination and testing will not be paid for separately. Installation. All water main shall be laid to a minimum depth of 5.5’, measured from the existing ground surface or proposed finished grade to the top of the barrel of the pipe. Final water main alignment is the discretion of the Owner. Water main shall be installed with tracer wire and tracer wire access box (See Special Provisions for TRACER WIRE IN CONDUIT and TRACER WIRE ACCESS BOX.) NOT FOR BID SPECIAL PROVISIONS -18- Water main horizontal separation: A. Water mains shall be laid at least ten (10) feet horizontally from an existing or proposed drain, storms sewer, sanitary sewer, or sewer service. B. Water mains may be laid closer than 10 feet from a sewer when: a. Local conditions prevent a lateral separation of 10 feet. b. The water main is at least 18 inches above the crown of the sewer, & c. The water main is either in a separate trench or in the same trench on an undisturbed shelf located to one side of the trench. C. Both the water main and sewer shall be constructed of slip-on (ANSI A21.11) joint ductile iron pipe, or PVC pipe meeting the requirements of section 40-2 of the ISPE Standards in Illinois when it is impossible to meet (A) or (B) above. The drain or sewer shall be tested to the maximum expected surcharge head before backfilling. Water main vertical separation: A. Where water mains cross above a sewer/drain with greater than 18 inches vertical separation, a full length of water main pipe shall be centered over the sewer to be crossed, with joints equidistant from the sewer. B. Where water mains cross below a sewer/drain (with 18 inches separation), or cross a above a sewer/drain with less than 18 inches separation, one of the following methods to protect the water main shall be utilized: a. Construct sewer/drain of ductile iron pipe (ANSI A21.11 joints), PVC (ASTM D2241, SDR 26), or RCP with O-ring (ASTM D443) joints (for storm sewer only). b. Encase the sewer in PVC (ASTM D-2241, SDR 26). c. Encase the water main in PVC (ASTM D-2241, SDR 26). Construction of protection shall extend 10 feet perpendicular to the sewer on each side of the sewer. The ends of the encasement shall be sealed. C. Water mains shall not cross below a sewer/drain with less than 18” vertical separation. D. The portion of the trench above the initial back fill of the lower utility and the invert of the higher utility shall be filled with compacted select excavated material (ASTM D-2321, CLASS IV). Measurement and Payment. This work will be paid for at the contract unit price per foot for WATER MAIN, of the size specified, measured in place. This price shall include the cost of all pipe, pipe fittings, joint materials, reducers, plugs, fittings, retainer glands, fasteners, restraint devices and thrust blocks, Field-Lock gaskets, polyethylene encasement, hydrostatic pressure tests, leakage tests, disinfecting of the water main, tracer wire, tracer wire access boxes, excavation, bedding and select (common) backfill. All trench backfill, surface restoration items as shown on the plans and specified herein shall be paid for separately. This item shall also include any and all items such as temporary plugs, corporation stops (for testing), water pumps, gauges, meters and laboratory test costs, and all other items NOT FOR BID SPECIAL PROVISIONS -19- necessary to complete this work as specified. PRESSURE TESTING OF WATER MAINS Description. After the pipe has been laid and partially backfilled as specified herein, all newly laid pipe, valved sections, and fire hydrants, unless otherwise expressly specified, be subjected to a hydrostatic pressure of one hundred fifty (150) pounds per square inch at the lowest elevation of the pipe section. The ENGINEER shall be given 24 hour notice prior to the beginning of testing. The duration of each pressure test shall be not less than two (2) hours. Each valve shall be opened and closed several times during the test. Water main testing shall be in accordance with the applicable portions of AWWA Standards C600 and C603, or as otherwise modified herein. Pressure Test. The CONTRACTOR shall notify the OWNER at least twenty-four hours prior to the pressure test. Valves will be turned on only under the supervision of the OWNER, and the OWNER will witness all pressure testing. Each section of pipe to be tested, as determined by the ENGINEER, shall be slowly filled with water and the specified test pressure of one hundred fifty (150) pounds per square inch shall be applied by means of a pump connected to the pipe in a satisfactory manner. The pump pipe connection and all necessary apparatus, including gauges and meters, shall be furnished by the CONTRACTOR. Before applying the specified test pressure, all air shall be expelled from the pipe. To accomplish this, taps shall be made, if necessary, at points of highest elevations and afterwards tightly plugged. Any cracked or defective pipes, fittings, valves, or hydrants discovered in consequence of this pressure test shall be removed and replaced by the CONTRACTOR with sound material, and test shall be repeated until satisfactory to the ENGINEER and the OWNER. The provisions of AWWA C600 and C603, where applicable, shall apply. The pressure testing shall be accomplished with fire hydrant auxiliary valves in the open position. Leakage Test. After completion of the pressure test, a leakage test shall be conducted to determine the quantity of water lost by leakage under the specified test pressure. 1. Test pressure is defined as the maximum operating pressure of the section under test and is based on the elevation of the lowest point in the line or section under test corrected to the elevation of the test gauge. Applicable provisions of AWWA C600 and C603 shall apply. The minimum duration of each leakage test shall be one (1) hour in addition to the pressure test period. 2. Allowable leakage in gallons per hour for the water main shall not be greater than NOT FOR BID SPECIAL PROVISIONS -20- that determined by the following formula: L = ND √ P 7400 Note: L = Allowable leakage in gallons per hour N = Number of joints in length of pipeline tested. D = Nominal diameter of the pipe in inches. P = Average test pressure during leakage test in pounds per square inch gauge. 3. Leakage is defined as the quantity of water to be supplied in the newly laid pipe or any valved section under test, which is necessary to maintain the specified leakage test pressure after the pipe has been filled with water and the air expelled. Immediately after a passed test the pressure shall be drained through a fire hydrant until it is below the potable system pressure. DISINFECTION OF WATER MAINS Description. Disinfection of water mains shall be completed in accordance with Section 41-2.14 of the WATER AND SEWER SPECIFICATIONS except as modified in this Special Provision. The OWNER shall be notified at least twenty-four hours before the disinfection procedure. Representatives of the water division must be present during the procedure. A. Flushing Sections of pipe to be disinfected shall first be flushed to remove any solids or contaminated material that may have become lodged in the pipe. If no hydrant is installed at the end of the main, then a tap shall be provided large enough to develop a velocity of at least two and five-tenths (2.5) feet per second in the main. One two and one-half (2 1/2) inch hydrant opening will, under normal pressures, provide this velocity in pipe sized up to and including twelve (12) inches. All taps required for chlorination or flushing purposes, or for temporary or permanent release of air, shall be provided for by the CONTRACTOR as part of the construction of water mains. B. Requirement of Chlorine A free chlorine residual of at least 50 ppm and no more than 400 ppm must be reached throughout the entire length and branch lines of the water main. After the super- chlorinated water has sat in the main for twenty-four hours, a chlorine residual test shall be taken to ensure the residual has not dropped by over one-half. NOT FOR BID SPECIAL PROVISIONS -21- C. Form of Applied Chlorine Chlorine shall be applied by the method which follows, subject to the review of the ENGINEER. Chlorination shall be made by the use of chlorine gas only. The dry gas shall be fed directly through proper devices for regulating the rate of flow and providing effective diffusion of the gas into the water within the pipe being treated. Chlorinating devices for feeding the chlorine gas must provide means for preventing the backflow of water into the chlorine. The chlorine gas shall be injected into the main at intervals of no more than 1,000 feet. D. Point of Application The preferred point of application of the chlorine gas is at the beginning of the pipeline extension or any valved section of it, and through a corporation stop inserted in the pipe. The water injector for delivering the chlorine-bearing water into the pipe should be supplied from a tap made on the pressure side of the valve controlling the flow into the pipeline extension. Alternate points of application may be used subject to the review of the ENGINEER. E. Preventing Reverse Flow Valves shall be manipulated so that the strong chlorine solution in the line being treated will not flow back into the line supplying the water. Check valves may be used if desired. F. Retention Period Treated water shall be retained in the pipe for at least twenty-four (24) hours. After this period, the chlorine residual at pipe extremities and at other representative points shall be at least twenty-five (25) mg/l. G. Chlorinating Valves and Hydrants In the process of chlorinating newly laid pipe, all valves or other appurtenances shall be operated while the pipeline is filled with the chlorinating agent and under normal operating pressure. H. Final Flushing and Testing Following chlorination, all treated water shall be thoroughly flushed from the newly laid pipe at its extremity until the replacement water throughout its entire length shows, upon test, a chlorine residual of less than one (1) mg/l. In the event chlorine is normally used in the source of supply, then the test shall show a residual of not in excess of that carried in the system. NOT FOR BID SPECIAL PROVISIONS -22- At this time a water sample will be taken by the CONTRACTOR, or his representative and the CONTRACTOR shall be responsible for transporting all water quality testing samples associated with the project to McHenry Analytical located at 4314 W Crystal Lake Rd A, McHenry, IL 60050. Samples will be obtained by the Village of OAK BROOK’s Public Works Water Department and transported by the CONTRACTOR immediately after the sample has been collected and no later than 4PM on the same day the sample has been drawn. Also, at this time the OWNER will witness the sampling. The CONTRACTOR shall take two (2) samples, 24 hours apart, with satisfactory results or the procedure shall be repeated. I. Repetition of Flushing and Testing Should the initial treatment result in an unsatisfactory bacterial test, the original chlorination procedure shall be repeated by the CONTRACTOR until satisfactory results are obtained. After water main passes chlorination testing, the corporation stop used to chlorinate the main shall be shut off and any piping removed. WATER VALVES Description. Water valves shall be of the valve type suitable for ordinary water-works service, intended to be installed in a normal position on buried pipelines for water distribution systems. As a minimum, all valves shall, in design, material and workmanship, conform to the standards of the Village of OAK BROOK Standard Detail and AWWA C504 and AWWA C509. All materials used in the manufacture of waterworks valves shall conform to the AWWA standards designed for each material listed. All valves 10” and above shall be installed in a vault. All valves in pavement shall be installed in a vault. All other valves shall be installed using a valve box per OAK BROOK detail. Materials. All materials shall conform to the Village of OAK BROOK’s Approved Material List Valves 6”-10” AWWA C515 Mueller A2361 Valves > 12” AWWA C504 Mueller Class 150-B, B-3211 Valves shall be installed using Teflon coated stainless steel T-bolts and nuts. Method of Measurement and Basis of Payment. This work will be paid for at the contract unit price each for WATER VALVES, of the size specified. This price shall include the cost of all labor, materials, and equipment necessary to install the valve, as detailed in the plans and to the satisfaction of the ENGINEER. Valve vaults will be paid for separately. Valve boxes will be incidental to this pay item and NOT paid separately. NOT FOR BID SPECIAL PROVISIONS -23- FIRE HYDRANTS TO BE REMOVED Description. This work shall consist of the removal of existing fire hydrants, including auxiliary valves and boxes and the existing hydrant service main lead to the existing tee located on the existing water main. This item shall include the installation of a mechanical plug at the existing tee of the abandoned water main. The existing fire hydrants are not to be removed until after the new fire hydrants have been installed, satisfactorily tested, and put in operation. The fire hydrants to be removed shall become the property of the VILLAGE and shall be delivered to the Public Works Facility. The CONTRACTOR shall bag any existing or new fire hydrants that are not in use. Method of Measurement and Basis of Payment. This work will be paid for at the contract unit price each for FIRE HYDRANTS TO BE REMOVED, which price shall be payment in full for all labor, equipment, and material necessary to complete the work as specified herein. FIRE HYDRANTS WITH AUXILIARY VALVE AND VALVE BOX Description. As a minimum, the design, materials, and workmanship of all fire hydrants shall conform to the Village of Oak Brook Standard Detail, the applicable portions of AWWA C502 as well as Section 45 of the WATER AND SEWER SPECIFICATIONS. Materials. All materials shall conform to the Village of Oak Brook’s Approved Material List. All fire hydrants shall be Mueller Super Centurion A-423 with stainless steel bolts, Muller Cast iron body, bronze fitted, resilient wedge gate valve with non-rising stem, standard operating nut and open in a counterclockwise direction. Resilient wedge gate valves shall be Mueller A-2361 Series in accordance with AWWA C-515, Tyler 664 S auxiliary valve box & Adaptor II Valve Box Stabilizer. A minimum of 1/2 cubic yard of CA-7 coarse aggregate shall be placed at and around the base of the hydrant to insure proper drainage of the hydrant after use. The hydrant and auxiliary valve shall be set on a concrete block to ensure firm bearing for the hydrant and valve base. The hydrant, valve, and tee shall be interconnected with MEGA LUGS. Teflon coated stainless steel T-bolts and nuts shall be used in all fittings. Construction Requirements. Fire hydrants shall be installed per the Village of Oak Brook standard detail. Method of Measurement and Basis of Payment. This work will be paid for at the contract unit price each for FIRE HYDRANTS WITH AUXILIARY VALVE AND VALVE BOX, which price shall include the cost of all labor, materials, and equipment necessary to install the fire hydrant with auxiliary valve and valve box, as detailed in the plans and to the satisfaction of the ENGINEER. The cost of NOT FOR BID SPECIAL PROVISIONS -24- MEGA LUGS shall be incidental to this item, and the 6" connecting pipe will be paid for separately. Contractor shall take notice where hydrants will need extensions above the standard height. Extensions will not be paid for as an extra cost to this pay item. VALVE VAULTS, TYPE A, TYPE 1 FRAME, CLOSED LID, SPECIAL Description. This work shall consist of constructing valve vaults for water mains and water services in accordance with the Village of Oak Brook Approved Material List and Standard Details, Section 44 of the latest edition of the “Standard Specifications for Water and Sewer Main Construction in Illinois” and Section 602 of the STANDARD SPECIFICATIONS. Materials. In addition to the requirements of Sections 44 – 2.02 and 44 – 3.01 and 602, valve vaults shall be constructed in accordance with the Village of Oak Brook Approved Material List and Standard Details IDOT Highway Standards 602501 or 602506, Value Vault Type A. All lids for valve vaults shall have the words "VILLAGE OF OAK BROOK" and "WATER" cast into them. Method of Measurement and Basis of Payment. This work will be paid for at the contract unit price each for VALVE VAULTS, TYPE A, TYPE 1 FRAME, CLOSED LID, SPECIAL, of the diameter specified, which price shall include all materials, labor and equipment required to complete the work as specified. VALVE VAULTS TO BE REMOVED Description. This work shall consist of the removal of the existing valve vault frame and lid, portions of the existing precast valve vault with the placement and compaction of suitable backfill material. This work shall be performed at locations shown on the plans and/or directed by the ENGINEER. Construction Requirements. This work shall take place following retirement of the existing water main being taken out of service and abandoned as part of this project. Excavation required for valve vaults to be abandoned shall be performed in accordance with the applicable portion of the Special Provision “WATER MAIN” included herein. The existing valve vault frame and lid shall be removed and properly disposed of by the CONTRACTOR. All except the bottom most section of the existing precast valve vault shall be removed and properly disposed of by the contractor. The existing valve shall be operated to maintain the valve in the closed position. A minimum of 6 (six) 1” diameter weep holes shall be drilled into the bottom slab of the existing valve vault and subsequently filled with pea gravel with each drilled hole covered with nonwoven filter fabric. Following the removal of the precast vault sections the existing bottom section shall be filled with CA-7 to the top of the existing precast vault bottom section to remain in place and backfilled with suitable soils as determined by the NOT FOR BID SPECIAL PROVISIONS -25- ENGINEER, compacted in no greater than 12” lifts up to an elevation of 4” vertically from existing grade. If the vault required to be abandoned falls within a paved area (existing or proposed), the vault shall be removed and backfilled in the same manner as above except the backfill above the precast vault to remain in place shall be CA-6 to finished grade. This work shall be performed in accordance with the applicable requirements of “TRENCH BACKFILL”. All aggregate will not be measured for payment but shall be considered incidental to the contract unit price per each for VALVE VAULTS TO BE REMOVED. Method of Measurement and Basis of Payment. This work will be paid for at the contract unit price per each for VALVE VAULTS TO BE REMOVED. This price shall include all removal and disposal of the existing frame/lid/precast sections, all necessary excavation, and the placement and compaction of backfill as herein specified. STORM SEWERS, TYPE 1, WATER MAIN QUALITY PIPE Description. This work consists of removing and constructing storm sewer of the same diameter adjacent to or crossing water main, at the locations shown on the plans, meeting the material and installation requirements of the latest edition of the “Standard Specifications for Water and Sewer Main Construction in Illinois”, and the applicable portions of Section 550 of the Standard Specifications. Connections from proposed storm sewer pipe to existing structures shall be provided of the size and at the locations shown on the plans. These connections shall be cored unless otherwise specified on the Plans. Materials. Pipe materials shall meet the requirements of Section 40 and 41-2.01 of the “Standard Specifications for Water and Sewer Main Construction in Illinois”. Ductile-Iron pipe shall meet the minimum requirements for Thickness Class 52. Watermain quality C-900 PVC pipe may also be used. Non-shear rubber couplings will be required to join pipes of dissimilar materials and when precast bell and spigot joints cannot provide a watertight connection. Encasing of standard type storm sewer, in accordance with the details for “Water and Sewer Separation Requirements (Vertical Separation)” (DIV. V/STANDARD DRAWINGS) in the “Standard Specifications for Water and Sewer Main Construction in Illinois”, may be used for storm sewers crossing water mains. Method of Measurement and Basis of Payment. This work will be paid for in accordance with Article 550.09 of the Standard NOT FOR BID SPECIAL PROVISIONS -26- Specifications, except the pay item shall be STORM SEWERS, TYPE 1, WATER MAIN QUALITY PIPE, of the existing diameter being replaced, will be paid for at the contract unit price per FOOT, and shall include all materials, labor, equipment, non-shear rubber couplings, and encasing pipe with seals. AS-BUILT DRAWINGS Description. At the completion and acceptance of the work, the CONTRACTOR shall perform an ‘as- built’ survey of the newly installed water main. The survey shall provide, a minimum, the following information: 1. Locations and elevations of all new storm or sanitary manholes and sewers with as-built rim and invert grades 2. Locations and elevations of all new hydrants, valves, tees, bends, reducers, addresses, and roads labeled. 3. The base sheets shall be the design drawings. 4. The water main and size shall be clearly labeled. 5. The proposed alignment of the water main shall be turned off. 6. If any repairs or solid sleeves are installed or performed, these shall also be located and shown on the as-built drawings. The CONTRACTOR shall provide over 3 paper copies of a full size (24” x 36”) plan set. The minimum scale will be 1” = 20”. One copy of electronic computer files in MicroStation and PDFs on a CD shall also be provided. Method of Measurement and Basis of Payment. This item will be paid for at the contract lump sum price for AS-BUILT DRAWINGS, which price shall be payment in full for all services, materials, labor, and other items to complete the work. MECHANICALLY PLUG AND BLOCK WATER MAIN Description. During and/or after completion of the proposed water main installation, the existing water main is to be abandoned as shown on the plans. This pay item applies to capping and blocking water mains that will be abandoned. Capping the existing mains shall be accomplished using a mechanical joint cap installed at the end of the cut main and thrust blocked with concrete. Construction Requirements. The water main shall be cut, a mechanical joint cap installed, and the end thrust blocked with concrete. NOT FOR BID SPECIAL PROVISIONS -27- All salvageable materials as determined by the VILLAGE, including valves, shall become VILLAGE property, and shall be delivered to the VILLAGE Utilities Division Personnel. All other materials determined to be unsalvageable shall be disposed of by the CONTRACTOR outside the limits of the project. Method of Measurement and Basis of Payment. This work will be paid for at the contract unit price each for MECHANICALLY PLUG AND BLOCK WATER MAIN regardless of the diameter of main. The CONTRACTOR’S price shall include all material, the removal and delivery of all salvageable parts, cutting and blocking of the main, backfill the excavated area, and all materials, labor and equipment required to complete the work as specified herein. SHUT DOWN CONNECTION TO EXISITNG WATER MAIN Description. This work shall consist of the furnishing of all labor, tools, and equipment necessary to affect a connection to the existing public water main. All work shall be in accordance with the Standard Specifications. Construction Requirements. The CONTRACTOR shall coordinate a minimum of 7 calendar days in advance with the VILLAGE for a shutdown connection to the existing water main system. No shutdowns shall be scheduled on Fridays, Saturdays, Sundays, or Mondays. All materials shall be on hand before work is undertaken to ensure that a minimum of time is necessary to complete the work required on the plans. Only Village Public Works Personnel will be in charge of closing system valves, but the CONTRACTOR will lend any assistance necessary to expedite the shutdown. In addition, when it becomes necessary to pass out notices of a system shutdown, the owner may direct the CONTRACTOR to distribute “NOTICES” door to door as discussed elsewhere in these Specifications. The CONTRACTOR will also be required to furnish any and all pipe fittings, required jointing materials, and all work necessary to complete the connection as specified. This includes but not limited to any necessary plugs and corporation stops. All fittings and pipe that are installed under this item shall be placed on a granular bedding a minimum of six inches (6”) in thickness. Water main pipe & water main pipe fittings shall be paid for under a separate item in the contract. Whenever a connection is made and a portion of the existing system will not be subject to the chlorination procedure for the new main, the CONTRACTOR shall provide tablet disinfection procedures as described in Section 41-2.14C (3) of the Standard Specifications. After the new connection has been made, a visual inspection shall be performed for leaks under the system’s full operating pressure, irrespective of the pressure test that may be required under other provisions in the contract. If no visual leaks are detected, NOT FOR BID SPECIAL PROVISIONS -28- the excavation shall be backfilled with materials as directed by the VILLAGE. Granular trench backfill will be paid for under a separate item in the contract. Items required for restoration (i.e. pavement patches, sodding, etc.) will be paid for under the specific pay items included in the contract. Method of Measurement and Basis of Payment. The work shall be paid for at the contract unit price per each for SHUT DOWN CONNECTION TO EXISTING WATER MAIN, which price shall be payment in full for all work as specified. Any water main removed to cut and cap an existing water main shall be incidental to this item. WATER MAIN FITTINGS Description. This work shall consist of furnishing and installing all caps, tees, bends, crosses, reducers, and retainer glands necessary to complete the water main installation as shown on the plans. Materials. All fittings shall be ductile iron, CL 55, mechanical joint in accordance with AWWA C110, C111, C153, and C104 installed using Teflon coated stainless steel T-bolts and nuts. Fittings shall be cement-lined, and seal coated in accordance with ANSI/AWWA C104/A21.4. The working pressure rating shall be 350 psi. All joints between the water main pipe and fitting shall be restrained using Mega Lugs by EBAA Iron or an approved equal. Retainer glands will not be measured for payment. All potable water main fittings shall contain no lead, even brass fittings. Testing and disinfecting of fittings shall be as specified elsewhere herein. Water main fittings will be measured by weight in pounds of actual fittings installed. In lieu of weighing the fittings at the job site, the fittings may be delivered with a letter from the manufacturer certifying the weight of each type and size of fitting, subject to the review of the ENGINEER. In any case, the weight per fitting allowable for payment shall not exceed the following: Fitting Type 6" 8” 10" 12" 90° Bend 39 lbs. 57 lbs. 89 lbs. 108 lbs. 45° Bend 32 lbs. 46 lbs. 70 lbs. 86 lbs. 22.5° Bend 31 lbs. 46 lbs. 64 lbs. 80 lbs. 11.25° Bend 30 lbs. 42 lbs. 58 lbs. 67 lbs. Tee MJ x MJ 8” x 72 lbs. 86 lbs. Tee MJ x MJ 10" x 90 lbs. 105 lbs. 120 lbs. NOT FOR BID SPECIAL PROVISIONS -29- Tee MJ x MJ 12" x 110 lbs. 125 lbs. 140 lbs. 160 lbs. Cross 10” x 125 lbs. 130 lbs. 210 lbs. Reducer 8” x 36 lbs. Reducer 10” x 47 lbs. 50 lbs. Reducer 12” x 58 lbs. 57 lbs. 61 lbs. Sleeve 33 lbs. 46 lbs. 62 lbs. 76 lbs. Plug/Cap 18 lbs. 26 lbs. 36 lbs. 47 lbs. Construction Requirements. Regardless of equipment or tools utilized by the CONTRACTOR to tighten all mechanical joint restraint fittings all bolts shall receive a final check of tightness by use of non-mechanical hand tools to ensure sufficient torquing of all bolts per manufactures recommendations. Ductile iron fittings and accessories will be measured in pounds as installed. Any fittings not shown on the plans, but in the opinion of the ENGINEER, are found necessary to be installed due to unanticipated underground obstructions will also be measured for payment. The CONTRACTOR will be required to maintain a list of all items used and provide an invoiced weight for payment purposes. Method of Measurement and Basis of Payment. This work will be paid for at the contract unit price per pound for WATER MAIN FITTINGS, which price shall be payment in full for all labor, equipment, and material, testing and disinfecting, to complete the work as specified herein. WATER SERVICE REPLACEMENT, WITH NEW BUFFALO BOX, SHORT SIDE OR LONG SIDE, OF THE SPECIFIED SIZE Description: This work shall consist of replacing and reconnecting existing water services around the new storm sewer included on this project to the proposed water main. Only services currently being used will be replaced. The work shall include a corporation stop and direct tap with a full stainless steel full circle sleeve to the proposed water main and new 1.5” copper water service line, as needed to affect the elevation adjustment around the new storm sewer, to install a new buffalo box on the parkway on the existing water service line, and removal of the existing buffalo box. From the new service to the existing service brass couplings shall be used for the connections as necessary. Removal and disposal of the old b-box is included in this pay item. NOT FOR BID SPECIAL PROVISIONS -30- Materials: All water service pipe shall be pure copper, type K, for underground utility lines, conforming to ASTM B-88 and B-251. Corporation stops shall be Mueller H- 15000-N or approved equal and all necessary fittings shall be solid brass. Curb stops shall be Mueller H15154 or approved equal. All fittings shall be of the type approved by the owner and in accordance with local plumbing codes. Adaptor fitting shall be of the compression type. A Smith Blair or approved equal full stainless steel tapping sleeve shall be required. All materials furnished shall be Mueller or equal or VILLAGE standard. Buffalo boxes shall be Mueller H-10302 or approved equal accepted by the owner as standard and shall meet with their approval prior to ordering. Installation: The item of WATER SERVICE REPLACEMENT, WITH NEW BUFFALO BOX, SHORT SIDE AND LONG SIDE OF THE SPECIFIED SIZE shall include all labor, materials equipment, and tools necessary to otherwise disconnect and transfer the existing service, with any new service line and buffalo box being included in this pay item. Where necessary, adaptors for copper-to-galvanized steel service pipe shall be used to connect to existing water service line beyond the limits described above. Any settlement of the trench will be the responsibility of the Contractor to repair at their expense. All water services shall be 1.5”-diameter Type K copper lines. Basis of Payment: This work will be paid for at the contract unit price per each for WATER SERVICE REPLACEMENT, WITH NEW BUFFALO BOX, SHORT SIDE OF THE SPECIFIED SIZE, AND LONG SIDE OF THE SPECIFIED SIZE of the new water service specified, which price shall be payment in full for all labor, materials, equipment, and tools necessary to otherwise disconnect the existing water service, install new water service at required elevation and reconnect the water service to the existing water main. This work shall include new water service lines, spacers and buffalo boxes. All backfill, including trench backfill, required to complete this work shall be included in the bid price for this item. PVC WATER MAIN (DIRECTIONAL BORE) Description. This work shall consist of trenchless pipe installation by means of directional boring, which shall be constructed in accordance with the applicable portions of Section 561 of the STANDARD SPECIFICATIONS and Section 41 of the WATER AND SEWER SPECIFICATIONS except as modified herein. Submittals. Submit for Engineer's review material certification, product descriptions and catalog cut sheets, method of joining and detailed description of directional boring plan. Pits required to perform the work shall also be described in detail. General. Provide hydraulically or pneumatically operated, fluid-assisted, remote guided boring system capable of installing pipe indicated on the Drawings by trenchless methods. NOT FOR BID SPECIAL PROVISIONS -31- 1. Provide compressors, pumps, apparatus, tools and all devices certified as suitable by the system manufacturer to install the new pipe without damaging or stressing the pipe. 2. Provide recovery system that will recover bentonite slurries or other drilling fluids without releasing the slurry onto the surrounding ground or water surfaces. 3. Provide certification from pipe manufacturer that the proposed material and strength classification is appropriate for application. Material. PVC WATER MAIN shall be PVC C-900 DR 18 pipe as manufactured by JM Eagle PVC – Eagle Loc 900 Internal Joint Restraint System or approved equal. The pipe and joints shall conform to ANSI / AWWA C900 Pressure Class 235. Connections or other fittings shall be made with fully restrained mechanical joints manufactured by Tyler/Union or approved equal meeting the requirements of ANSI/AWWA C153/A21.10 All fittings shall be furnished with EBAA Iron, Inc. Mega-Lug 2000PV retainer glands, Ford Uni-Flange Series 1500 Circle Lock MJ retainer glands or approved equal, and shall be installed with fluorocarbon coated low alloy corrosion-resistant high-strength (cor-ten) t- bolts and nuts equal to NSS cor-blue or approved equal in accordance with ANSI/AWWA C111/A21.1. Directional boring shall be performed by experienced and qualified personnel with specialized equipment utilizing steerable tunneling systems capable of creating a bore hole and then pulling the utility back through the bore hole. Slurry shall be used to stabilize the walls of bore hole as required and to reduce frictional drag on the piping being installed. All slurry generated from these operations shall be removed off-site, by the contractor. The cost of slurry removal shall be considered incidental to this item. Pipe Installation. 1. Install pipe by directional boring methods. Install ductile iron pipe by pulling the pipe into place. a. Provide winch systems designed to protect structures, provide directional stability, and pull pipe from insertion point to exit point without causing damage to the pipe being inserted. b. Insert pipe in a continuous operation from point to point. c. Provide lubricants as specified by pipe manufacturer to avoid stressing of pipe beyond its elastic limit during insertion. d. Drill Path Survey and Potholing shall be provided by the Contractor to locate existing service lines and utilities prior to installing water main. All NOT FOR BID SPECIAL PROVISIONS -32- such exploratory excavations shall utilize a vacuum truck to minimize disturbance to the surface and the existing utilities. The Contractor shall properly dispose of all material removed and shall be disposed of off-site. e. Provide silencers, mufflers, or other devices required to reduce noise from compressors and other equipment to meet limits as outlined by Village Ordinance. 2. Provide pipe insertion pits necessary for complete installation of pipe. a. In general, position pits at the end of the pipe specified for directional boring as indicated on the Drawings in the least disruptive location whenever possible. b. Provide additional pits as required to install new pipe. c. Provide all traffic control, barricades, flagmen, and other items at insertion pit areas as necessary to complete the work. Measurement and Payment. This work will be paid for at the contract unit price per foot for PVC WATER MAIN (DIRECTIONAL BORE) OR HDPE WATER MAIN (DIRECTIONAL BORE) of the size specified which price shall include water main, boring/installation excavating and backfilling receiving/exit pits, fittings, thrust block/anchors, potholing, exploratory digs and all components necessary for the installation of the water main. TRAFFIC CONTROL AND PROTECTION, SPECIAL The Traffic Control and Protection shall meet the requirements of Article 701, Work Zone Traffic Control and Article 702, Work Zone Traffic Control Devices of the Standard Specifications for Road and Bridge Construction adopted January 1, 2007. “701.01 Description” shall be replaced with the following: 701.01 Description This item of work shall include furnishing, installing, maintaining, replacing, relocating and removing all traffic control devices used for the purpose of regulating, warning or directing traffic during the construction or maintenance of this improvement. Traffic Control and Protection shall be provided as called for in the Plans, these Special Provisions, applicable Highway Standards, applicable sections of the Standard Specifications, or as directed by the Engineer. The governing factor in the execution and staging of work for this project is to provide the motoring public with the safest possible travel conditions along the roadway through the NOT FOR BID SPECIAL PROVISIONS -33- construction zone. The Contractor shall arrange his operations to keep the closing of any lane of the roadway to a minimum. Traffic Control Devices include signs and their supports, signals, pavement markings, barricades with sandbags, channelized devices, warning lights, arrow boards, flaggers, or any other device used for the purpose of regulating, detouring, warning or guiding traffic through or around the construction zone. “701.04 General,” section “(b)” paragraph 4 shall be replaced with the following: The Contractor is required to conduct routine inspections of the work site at a frequency that will allow for the timely replacement of any traffic control device that has become displaced, worn or damaged to the extent that it no longer conforms to the shape, dimensions, color and operational requirements of the MUTCD, the Traffic Control Standards or will no longer present a neat appearance to motorists. A sufficient quantity of replacement devices, based on vulnerability to damage, shall be readily available to meet this requirement. The Contractor shall be responsible for the proper location, installation, and arrangement of all traffic control devices. Special attention shall be given to advance warning signs during construction operations in order to keep lane assignments consistent with barricade placement at all times. The Contractor shall immediately remove, cover, or turn from view of the motorists all traffic control devices which are inconsistent with detour or lane assignment patterns and conflicting conditions during the transition from one construction stage to another. When the Contractor elects to cover conflicting or inappropriate signing, materials used shall totally block out reflectivity of the sign and shall cover the entire sign. The method used for covering the signing shall meet with the approval of the Engineer. The Contractor shall coordinate all traffic control work on this project with adjoining or overlapping projects, including barricade placement necessary to provide a uniform traffic detour pattern. When directed by the Engineer, the Contractor shall remove all traffic control devices which were furnished, installed, and maintained by him under this contract, and such devices shall remain the property of the Contractor. All traffic control devices shall remain in place until specific authorization for relocation or removal is received from the Engineer. The Contractor shall ensure that all traffic control devices installed by him are operational, functional, and effective 24 hours a day, including Sundays and holidays. “701.04 General” shall be modified by adding the following section: (G) PUBLIC SAFETY AND CONVENIENCE: NOT FOR BID SPECIAL PROVISIONS -34- The Contractor shall provide a telephone number where a responsible individual can be contacted on a 24-hour a day basis to receive notification of any deficiencies regarding traffic control and protection. The Contractor shall dispatch men, materials, and equipment to correct any such deficiencies. The Contractor shall respond to any call from the Village, or its representative concerning any request for improving or correcting traffic control devices and begin making the requested repairs within two hours from the time of notification. Personal vehicles shall not park within the right-of-way except in specific areas designated by the Engineer. All roads shall remain open to traffic, the Contractor, may close one lane due to construction only between the hours of 9:00 a.m. and 3:00 p.m. on two lane roads, and shall maintain at least one lane in each direction on four or more lane roads, during the construction of this project. The Contractor shall also maintain entrances and side roads along the proposed improvement. Interference with traffic movements and inconvenience to owners of abutting property and the public shall be kept to a minimum. Any delays or inconveniences caused by the Contractor by complying with these requirements shall be considered as incidental to the contract, and no additional compensation will be allowed. On two lane roads, the Contractor is to plan his work so that there will be no open holes in the pavement and that all barricades will be removed from the pavement during non- work hours. On four or more lane highways, there shall be no open holes in the pavement being used by the traveling public. Lane closures, if allowed, will be in accordance with the applicable standards, any staging details shown in the plans and other applicable contract documents. The Contractor shall remove all equipment from the shoulders and medians after work hours. No road closures or restrictions shall be permitted except those covered by Standard Designs without written approval by the Engineer. “701.04 General” shall be modified by adding the following section: (H) DEFICIENCY CHARGE: The primary concern of the Village is to maintain a safe travel way for the public and a safe environment for the worker in the construction zone. The Contractor is expected to comply with the Standard Specifications, contract plans, these Special Provisions, and directions from the Engineer concerning traffic control protection. The Contractor shall provide a telephone number where a responsible individual can be contacted on a 24- hour a day basis to receive notification of any deficiencies regarding traffic control and NOT FOR BID SPECIAL PROVISIONS -35- protection. The Contractor shall immediately respond correcting traffic control deficiencies by dispatching men, materials, and equipment to correct such deficiencies. If the Contractor fails to begin corrections to the traffic control deficiencies within two (2) hours of the initial attempt of notification by the Village or its representative or fails to restore the traffic control and protection compliance with the specifications within eight (8) hours of the original attempt of notification, the Engineer may execute such work as deemed necessary to correct the deficiencies. The cost thereof shall be deducted from monies due, or which may be due the Contractor. Failure to comply with directions from the Engineer for corrections or modifications to the traffic control and protection will result in a charge of $500.00 per calendar day. This charge is separate from the cost of any corrective work ordered. The contractor shall not be relieved of any contractual responsibilities by the Village’s action. “701.07 Method of Measurement” is replaced in its entirety by the following: 701.07 METHOD OF MEASUREMENT These items of work will be measured on a lump sum basis for furnishing, installing, maintaining, replacing, relocating, and removing the traffic control devices required in the Plans and these Special Provisions. “701.08 Basis of Payment” is replaced in its entirety by the following: 701.08 BASIS OF PAYMENT This work will be paid for at the contract lump sum price for TRAFFIC CONTROL AND PROTECTION, SPECIAL which shall be payment in full for all labor, materials, transportation, and incidentals necessary to furnish, install, maintain, replace, relocate, and remove all traffic control devices indicated in the Plans and Specifications. The salvage value of the materials removed shall be reflected in the bid price for this item. Delays to the Contractor caused by complying with these requirements will be considered incidental to the item for Traffic Control and Protection, and no additional compensation will be allowed. If the Engineer shall require additional traffic control to be installed in accordance with standards and/or designs other that those included in the Plans. The standards and/or designs will be made available to the Contractor at least one week in advance of the change in traffic control. Payment for any additional traffic control required will be in accordance with Article 109.04 of the Standard Specifications. Revisions in the phasing of construction or maintenance operations, requested by the Contractor, may require traffic control to be installed in accordance with standards and/or designs other than those included in the plans. Revisions or modifications to the traffic control shown on the contract shall be submitted by the Contractor for approval by the Engineer. No additional payment will be made for a Contractor requested modification. In the event the sum total NOT FOR BID SPECIAL PROVISIONS -36- value of all work items for which traffic control and protection is required is increased or decreased by more than ten percent (10%), the contract bid price for Traffic Control and Protection will be adjusted as follows: Adjusted contract price = .25P + .75P [1+(X-0.1] Where “P” is the contract price for Traffic Control and Protection Difference between original and final sum total value of all work items for which traffic Where “X”= control and protection is required. Original sum total value of all work for which traffic control and protection is required. The value of the work items used in calculating the increase and decrease will include only items which have been added to or deducted from the contract under Article 104.02 of the Standard Specifications and only items which require use of Traffic Control and Protection. In the event the Department cancels or alters any portion of the contract which results in elimination or noncompletion of any portion of the work, payment for partially completed work will be made in accordance with Article 104.02 of the Standard Specifications. “702.03 Channeling Devices” section “(b)”, paragraph 1 shall be replaced with the following: (b) Barricades Type 1 and Type 1A Barricades are intended for use on lower speed roads and shall not be used where the normal posted speed limit is 45 m.p.h. or greater. The normal posted speed limit for construction area is 40 m.p.h. Type 1 and Type 2 Barricades shall not be intermixed within an individual string of barricades. Type 3 Barricades shall be used for road and lane closures and shall not be used for channelization or delineation. Any drop off greater than 75 mm (three inches), but less than 150 mm (six inches), within 2.5 m (eight feet) of the pavement edge shall be protected by Type 1 or 2 barricades equipped with mono-directional steady burn lights at 30 m (100 foot) center to center spacing. If the drop off within 2.5 m (eight feet) of the pavement edge exceeds 150 mm (six inches), the barricades mentioned above shall be paced at 15 m (50 foot) center to center spacing. Barricades that must be placed in excavated areas shall have a leg extension installed such that the top of the barricade is in compliance with the height requirements of Standard 702001-05. All Type 1 and Type 2 barricades shall be equipped with a steady burn light when used during hours of darkness unless otherwise stated herein. NOT FOR BID SPECIAL PROVISIONS -37- Check barricades shall be placed in work areas perpendicular to traffic every 300 m (1,000 feet), one per lane and per shoulder, to prevent motorists from using work areas as a traveled way. Two additional check barricades shall be placed in advance of each patch excavation or any other hazard in the work area, the first at the edge of the open traffic lane and the second centered in the closed lane. Check barricades shall be Type 1 or 2 and equipped with a flashing light. “702.03 Channeling Devices” section “(c)” Vertical Panels, add the following: All vertical panels shall be equipped with a steady burn light when used during the hours of darkness unless otherwise stated herein or in the Plans. “702.05 Signs” section “(a)” add as paragraph 7: Construction signs referring to daytime lane closures during working hours shall be removed, covered, or turned away from the view of the motorists during non-working hours. TRAFFIC CONTROL PLAN Traffic Control shall be according to the applicable sections of the Standard Specifications, the Supplemental Specifications, the "Illinois Manual on Uniform Traffic Control Devices for Streets and Highways", any special details and Highway Standards contained in the plans, and the Special Provisions contained herein. Special attention is called to Article 107.09 of the Standard Specifications and the following Highway Standards, Details, Quality Standard for Work Zone Traffic Control Devices, Recurring Special Provisions and Special Provisions contained herein, relating to traffic control. STANDARDS: 701301-04 Lane Closure, 2L, 2W, Short Time Operations 701501-06 Urban Lane Closure, 2L, 2W Undivided 701601-09 Urban Lane Closure, Multilane, 1W, or 2W, With Nontraversable Median 701701-10 Urban Lane Closure Multilane Intersection 701801-06 Sidewalk, Corner or Crosswalk Closure 701901-05 Traffic Control Devices SPECIAL PROVISIONS: Sec 701 Work Zone Traffic Control and Protection Sec 1106 Work Zone Traffic Control Devices Check Sheet LRS 3 Work Zone Traffic Control BDE 80183 Reflective Sheeting on Channelizing Devices BDE 80354 Sidewalk, Corner or Crosswalk Closure NOT FOR BID SPECIAL PROVISIONS -38- BLR 17-4 Traffic Control Devices – Day Labor Construction BLR 18-6 Traffic Control Devices – Day Labor Maintenance DETAILS: TC 10 Traffic Control and Protection for Side Roads, Intersections, and Driveways TC 13 District One Typical Pavement Markings WATERMAIN QUALITY SANITARY SEWER, REPAIR, 6” Description. This work shall consist of removing, relocating, and replacing and reconnecting existing sanitary sewer services to the existing or proposed sanitary sewer that are in conflict with the proposed water main. Sanitary sewer services will be removed and replaced at the direction of the Engineer. Existing conditions will dictate the length of sewer required to be removed and replaced in order to fix the conflict. Contractor shall remove existing pipe and use non-shear rubber couplings to connect new SDR 26 PVC sanitary pipe to existing pipe if watertight bell and spigot joints cannot be maintained. This pay item covers all diameters of sanitary sewer services encountered. The CONTRACTOR is to coordinate with the VILLAGE 48 hours prior to disconnecting the existing sanitary sewer service. During this time, the CONTRACTOR is to ensure the residents and businesses are notified of any potential interruption in services. This work is included in WATERMAIN QUALITY SANITARY SEWER, REPAIR, 6-INCH. After the sanitary connection has been installed the CONTRACTOR shall be responsible for locating said sanitary connection lines for the remainder of the construction. The VILLAGE will not locate sanitary connections placed by the CONTRACTOR for the duration of the project. Any damage to the sanitary connection by the CONTRACTOR caused by the CONTRACTOR’s failure to properly locate the sanitary connection shall be repaired by the CONTRACTOR at his own expense to the satisfaction of the ENGINEER. Existing sanitary services shall be abandoned (plugged) as directed by the ENGINEER. Existing sanitary services may have been previously lined. In this situation, mission coupling connections between the new and existing services shall be made to the liner material, rather than the old pipe. Method of Measurement and Basis of Payment. This work will be measured and paid for at the Contract unit price per foot for WATERMAIN QUALITY SANITARY SEWER, REPAIR, 6-INCH, which price is to include all labor, equipment, materials and tools necessary to otherwise disconnect and transfer the existing service, including removal of existing service, new SDR26 PVC sewer service lines and trench backfill. ITEMS AS ORDERED BY THE ENGINEER Description. NOT FOR BID SPECIAL PROVISIONS -39- An allowance has been set aside as part of this contract for items ordered by the Engineer. The CONTRACTOR will include in his bid a unit price of $1.00 for ITEMS ORDERED BY ENGINEER. Only additional work, not covered by existing Pay Items, indicated on the Drawings or in the Project Specifications as approved by the VILLAGE and ENGINEER will be eligible for payment under the Allowance. Any monies not used upon contract completion shall not be awarded to the CONTRACTOR. Method of Measurement and Basis Payment. This work shall be measured and paid for at the contract unit price per DOLLAR for ITEMS AS ORDERED BY THE ENGINEER, which price shall include furnishing and installing the work as instructed by the VILLAGE and ENGINEER. SPECIAL CONDITIONS EMERGENCY 24 HOUR NAME AND TELEPHONE NUMBER: The Contractor shall provide the Engineer the name and telephone number of an individual in his direct employ who will be available twenty-four (24) hours a day, seven (7) days a week, to receive notification of any deficiencies regarding traffic control and protection and shall dispatch men, materials and equipment to correct any such deficiencies. The contractor shall respond to any call from the Village concerning any request for improving or correcting traffic control devices and begin making the requested repairs within two (2) hours from the time of notification. RECORD DRAWINGS: Contractor shall keep one copy of the approved specifications, drawings, addenda, modifications, and shop drawings at the site in good order and annotated to show all changes made during the construction process. These plans shall be available to the Village upon completion of the project. TAX EXEMPTION: The Village is exempt from Federal excise tax (#36-600-9534) and the Illinois Retailers Occupation Tax (#E99974381). This bid cannot include any amounts of money for these taxes. NOT FOR BID -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that [FULL NAME, ADDRESS AND ORGANIZATION OF CONTRACTOR], as Principal, hereinafter called Contractor, and [FULL NAME AND ADDRESS OF SURETY], as Surety, a corporation organized and existing under the laws of the State of [INCORPORATION], hereinafter called Surety, are held and firmly bound unto the Village of Oak Brook, as Obligee, hereinafter called Owner, in the full and just sum of [CONTRACT PRICE] Dollars ($[CONTRACT PRICE]), for the payment of which sum of money well and truly to be made, Contractor and Surety bind themselves, 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 Contractor’s failure to promptly and faithfully perform its contract with 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 Surety under this bond. WHEREAS, Contractor has entered into a written agreement dated [DATE OF CONTRACT AGREEMENT], with Owner entitled “Contract Agreement Between Village of Oak Brook and [CONTRACTOR’S NAME] for the Construction of Merry Lane Water Main Improvements” (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 Contractor shall well, truly, and promptly perform all the undertakings, covenants, terms, conditions, and agreements of said Contractor under the Contract, including, but not limited to, 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 the design, if any, construction, and installation of the Merry Lane Water Main Improvements, together with related attachments, equipment, and appurtenances thereto; (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 Special Conditions of Contract; (3) to procure and furnish all bonds and certificates and policies of insurance specified in the Contract; (4) to pay all applicable NOT FOR BID PERFORMANCE BOND -2- federal, state, and local taxes; (5) to do all other things required of Contractor by the Contract; and (6) to provide, perform, and complete all of the foregoing in a proper and workmanlike manner and in full compliance with, and as required by and 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. 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 either Owner or Contractor to the other in or to the terms of said Contract; in or to the schedules, plans, drawings, or specifications; in or to the method or manner of performance of the Work; in or to Owner-furnished facilities, equipment, materials, services, or sites; or in or to the mode or manner of payment therefor, shall in any way release Contractor and Surety or either or any of them, or any of their heirs, executors, administrators, successors, or assigns, or affect the obligations of 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 Contractor or of Owner’s termination of Contractor being hereby waived by Surety. Notwithstanding anything to the contrary in the foregoing paragraph, in no event shall the obligations of Surety under this bond in the event of Contractor’s default be greater than the obligations of Contractor under the Contract in the absence of such Contractor default. In the event of a default or defaults by Contractor, Owner shall have the right to take over and complete the Contract upon 30 calendar days’ written notice to Surety, in which event Surety shall pay Owner all costs incurred by Owner in taking over and completing the Contract. At its option, Owner may instead request that Surety take over and complete the Contract, in which event Surety shall take reasonable steps to proceed promptly with completion no later than 30 calendar days from the date on which Owner notifies Surety that Owner wants Surety to take over and complete the Contract. Owner shall have no obligation to actually incur any expense or correct any deficient performance of Contractor in order 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 Owner or the heirs, executors, administrators, or successors of Owner. NOT FOR BID PERFORMANCE BOND -3- Signed and sealed this ___ day of ______, 20___. Attest/Witness: PRINCIPAL: [NAME OF CONTRACTOR] By: ____________________ By: ________________________________ [NAME OF CONTRACTOR’S EXECUTING OFFICER] Title: ______________________ Title: [TITLE OF CONTRACTOR'S EXECUTING OFFICER] Attest/Witness: SURETY: [NAME OF SURETY] By: ____________________ By: ________________________________ Title: ______________________ Title: ________________________________ Telephone: __________________________ SEE GENERAL INSTRUCTIONS TO BIDDERS, SECTION 8, FOR SIGNATURE REQUIREMENTS NOT FOR BID -1- VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that [FULL NAME, ADDRESS AND ORGANIZATION OF CONTRACTOR], as Principal, hereinafter called Contractor, and [FULL NAME AND ADDRESS OF SURETY], as Surety, a corporation organized and existing under the laws of the State of [INCORPORATION], hereinafter called Surety, are held and firmly bound unto the Village of Oak Brook, as Obligee, hereinafter called Owner, for the use and benefit of itself and of claimants as hereinafter defined, in the full and just sum of [CONTRACT PRICE] Dollars ($[CONTRACT PRICE]), to be paid to it or the said claimants or its or their assigns, to which payment well and truly to be made Contractor and Surety bind themselves, 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 Surety under this bond. WHEREAS, Contractor has entered into a written agreement dated [DATE OF CONTRACT AGREEMENT], with Owner entitled “Contract Agreement Between Village of Oak Brook and [CONTRACTOR’S NAME] for the Construction of Merry Lane Water Main Improvements” (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 Contractor shall promptly pay or cause to be paid all sums of money that may be due to any claimant with respect to 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 design, if any, construction, and installation of the Merry Lane Water Main Improvements, together with related attachments, equipment, and appurtenances thereto; (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 Special Conditions of Contract; (3) to procure and furnish all bonds and 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 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 said Work enter into and become component parts of the improvement NOT FOR BID PAYMENT BOND -2- 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 Contractor or with a subcontractor of Contractor to provide, perform or complete any part of the Work. Contractor and Surety hereby jointly and severally agree that every claimant who 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 part of the Work, may sue on this bond for the use of such claimant, may prosecute the suit to final judgment for such sum or sums as may be justly due such claimant, and may have execution therein; provided, however, that Owner shall not be liable for the payment of any costs or expenses of any such suit. The provisions of 30 ILCS 550/1 and 30 ILCS 550/2 shall be deemed inserted herein, including the time limits within which notices of claim must be filed and actions brought under this bond. Contractor and Surety hereby jointly agree that Owner may sue on this bond if 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 Owner to pay any claimant. 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 Owner or Contractor to the other in or to the terms of said Contract; in or to the schedules, plans, drawings, or specifications; in or to the method or manner of performance of the Work; in or to Owner-furnished facilities, equipment, materials, services, or sites; or in or to the mode or manner of payment therefor shall in any way release Contractor and Surety or either or any of them, or any of their heirs, executors, administrators, successors, or assigns, or affect the obligations of said 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 Contractor or of Owner’s termination of Contractor being hereby waived by Surety. NOT FOR BID PAYMENT BOND -3- Signed and sealed this ___ day of ______, 20___. Attest/Witness: PRINCIPAL: [NAME OF CONTRACTOR] By: ____________________ By: ________________________________ [NAME OF CONTRACTOR’S EXECUTING OFFICER] Title: ______________________ Title: [TITLE OF CONTRACTOR'S EXECUTING OFFICER] Attest/Witness: SURETY: [NAME OF SURETY] By: ____________________ By: ________________________________ Title: ______________________ Title: ________________________________ Telephone: __________________________ SEE GENERAL INSTRUCTIONS TO BIDDERS, SECTION 8, FOR SIGNATURE REQUIREMENTS NOT FOR BID VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS PREVAILING WAGE ORDINANCE Certified Payrolls. Contractor shall, in accordance with Section 5 of the Illinois Prevailing Wage Act, 820 ILCS 130/5, submit to the Department of Labor, on a monthly basis, a certified payroll. The certified payroll shall consist of a complete copy of those records required to be made and kept by the Prevailing Wage Act. The certified payroll shall be accompanied by a statement signed by the Contractor or subcontractor which 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 Prevailing Wage Act; and (3) Contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class A misdemeanor. A general contractor may rely upon the certification of a lower tier subcontractor, provided that the general contractor does not knowingly rely upon a subcontractor's false certification. Upon seven business days' notice, Contractor and each subcontractor shall make available for inspection and copying at a location within this State during reasonable hours, the records required to be made and kept by the Act to: (i) the Village, its officers and agents; (ii) the Director of Labor and his deputies and agents; and (iii) to federal, State, or local law enforcement agencies and prosecutors. Prevailing Wage. Pursuant to Section 4 of the Illinois Prevailing Wage Act, 820 ILCS 130/4, Contractor agrees and acknowledges that not less than the applicable rate of prevailing of wages, as found or ascertained by the Department of Labor and made available on the Department’s official website or determined by the court on review, shall be paid for each craft or type of worker needed to execute this contract or to perform such work, and it shall be mandatory upon the contractor to whom the contract is awarded and upon any subcontractor under him, to pay not less than the specified rates to all laborers, workers and mechanics employed by them in the execution of this contract. NOT FOR BID PREVAILING WAGE AFFIDAVIT I, ___________________________(name of signatory), on oath hereby state and certify that _____________________________ (name of Contractor), pursuant to a Contract dated ___________, 2024, with the Village of Oak Brook for the ______________ 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. _____________________________ (name of Contractor) has also complied and will comply with all record keeping requirements established in the Prevailing Wage Act (820 ILCS 130/0.01, et seq. CONTRACTOR: By: _____________________________________ Title: ___________________________________ SUBSCRIBED AND SWORN TO BEFORE ME THIS _____ DAY OF _______________, 2024 ________________________________________ NOTARY PUBLIC NOT FOR BID CERTIFICATION OF PAYROLL RECORDS I, ___________________ (name of person executing this certificate), do hereby certify that I am the duly qualified and acting __________________ (title) for ____________________ , (name of Contractor) and, as such, am authorized to certify payroll 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 _____________ (name of Contractor) on the _____________ 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 _______________ (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: ____________________, 2024 ____________________________________ (Name of Contractor) ____________________________________ (Signature) ____________________________________ (Printed Name) ____________________________________ (Title) SUBSCRIBED AND SWORN TO BEFORE ME THIS _____ DAY OF _______________, 2024 ________________________________________ NOTARY PUBLIC NOT FOR BID VILLAGE OF OAK BROOK CONTRACT FOR THE CONSTRUCTION OF MERRY LANE WATER MAIN IMPROVEMENTS ADDENDA NOS. NOT FOR BID FILE NAME:N:\OAKBROOK\230268\Civil\CVR_230268.SHT.dgn1/31/2024nmorelLOCATION INDEX CLIENT : LOCATION / VICINITY MAP WITH THE FOLLOWING: COUNTY CITY-TOWNSHIP 48 HOURS BEFORE YOU DIG. EXCLUDING SAT., SUN., & HOLIDAYS N.T.S. IDOT STANDARDS DATEENGINEER ______________________________ AND MEANS/METHODS OF CONSTRUCTION AS WELL AS SUPERVISION/DIRECTION RESPONSIBLE FOR JOB SITE SAFETY THE CONTRACTOR SHALL BE SOLELY CALL JULIE 811 DATE CONSTRUCTABILITY REVIEW BY REVIEWER SHEET TITLESHEET NO. OAK BROOK, IL 60523 1200 OAK BROOK ROAD VILLAGE OF OAK BROOK IMPROVEMENTS MERRY LANE WATER MAIN OAK BROOKVILLAGE OF PROJECT LOCATION 8-11 5-7 4 3 2 1 BLR 18-6TRAFFIC CONTROL DEVICES-DAY LABOR MAINTENANCE BLR 17-4 TRAFFIC CONTROL DEVICES-DAY LABOR CONSTRUCTION 780001-05 TYPICAL PAVEMENT MARKINGS 701901-08TRAFFIC CONTROL DEVICES 701801-06SIDEWALK CORNER OR CROSSWALK CLOSURE 701701-10 URBAN LANE CLOSURE, MULTILANE INTERSECTION 701501-06URBAN LANE CLOSURE 2L, 2W UNDIVIDED 604001-05 FRAME AND LIDS TYPE 1 424016-05MID-BLOCK CURB RAMPS FOR SIDEWALKS 000001-08STANDARDS SYMBOLS, ABBREVIATIONS AND PATTERNS EAST OF FOREST TRAIL ALONG MERRY LANE PROJECT IS LOCATED EXPIRATION DATE: 11/30/25 EXPIRATION DATE: 04/30/25 PROFESSIONAL DESIGN FIRM NO. 184-001175-0014 NICHOLAS J. MOREL I LLINOIS OF ENGINEER PROFESSIONAL REGISTERED 062-060393 LER OM .J SALOH CINILLINOIS REGISTRATION No. 062-060393 DUPAGE OAKBROOK CONSTRUCTION DETAILS PROPOSED IMPROVEMENT PLANS TYPICAL SECTIONS SUMMARY OF QUANTITIES GENERAL NOTES TITLE SHEET - Timothy O'Malley Interim Public Works Director: - Greg Summers Village Manager: - Netasha Scarpiniti Village Clerk: - Edward Tiesenga - Michael Manzo - Suresh Reddy - James Nagle Trustees: - Laurence Herman Village President: 1/31/2024 1/31/2024NOT FOR BID GENERAL NOTES CLIENT: DRAWING NO. SHEET OF TITLE: NO.DATE NATURE OF REVISION FILE NAME N:\OAKBROOK\230268\Civil\NOT_230268.SHT.dgn CHKD. DSGN. CHKD. SCALE: DWN. 1/31/2024PLOT DATE: VILLAGE OF OAK BROOK nmorelCAD USER: PROJ. NO.230268 MODEL:Default DATE: WATERMAIN IMPROVEMENTS MERRY LANE 1/31/2024 VCT Oak Brook, IL 60523 1200 Oak Brook Road 11 20' 2 2NOT FOR BID SUMMARY OF QUANTITIES CLIENT: DRAWING NO. SHEET OF TITLE: NO.DATE NATURE OF REVISION FILE NAME N:\OAKBROOK\230268\Civil\SOQ_230268.SHT.dgn CHKD. DSGN. CHKD. SCALE: DWN. 1/31/2024PLOT DATE: VILLAGE OF OAK BROOK nmorelCAD USER: PROJ. NO.230268 MODEL:Default DATE: WATERMAIN IMPROVEMENTS MERRY LANE 1/31/2024 VCT Oak Brook, IL 60523 1200 Oak Brook Road 11 20' 3 3NOT FOR BID HOT-MIX ASPHALT MIXTURE REQUIREMENTS MIXTURE ITEM @ Ndes AIR VOIDS ONE SPECIAL PROVISIONS. NON-POLYMERIZED HMA THE "AC TYPE" SHALL BE "PG 64-22" UNLESS MODIFIED BY DISTRICT THE "AC TYPE" FOR POLYMERIZED HMA MIXES SHALL BE "SBS/SBR PG 76-22" AND FOR THE UNIT WEIGHT USED TO CALCULATE ALL HMA MIXTURE QUANTITIES IS 112 LBS/SQ YD/IN. NOTES: 4% @ 50 GYR PAVEMENT PATCHINGEXISTING ROWEXISTING ROW17.5'15.5'15.5' VARIES VARIES 34.5' 18' 35' EXISTING SANITARY SEWER1 24 3 6'EXISTING ROWEXISTING ROW17.5'15.5'15.5' VARIES VARIES 34.5' 18' 35' EXISTING SANITARY SEWER1 2 4 5 WATERMAIN PROPOSED 8" EXISTING 6" WATERMAIN 10' (MIN) EXISTING TYPICAL SECTION PROPOSED TYPICAL SECTION ~ ~ LEGEND 6 2.5' 8.5' DRIVEWAY REPLACEMENT HOT-MIX ASPHALT SURFACE COURSE, MIX "D", IL-9.5, N50; 3" FOR USE OF RECYCLED MATERIALS SEE SPECIAL PROVISIONS FOR HMA FULL DEPTH "AC TYPE" SEE SPECIAL PROVISIONS. STA. VARIES MERRY LANE STA. VARIES MERRY LANE TYPICAL SECTIONS * ON PLANS *AT LOCATIONS SHOWN HOT-MIX ASPHALT SURFACE COURSE,MIX "D", IL-9.5, N50; 1.5" (MIN)4% @ 50 GYR TRENCH BACKFILL6 REMOVE AND REPLACE CURB AND GUTTER (SPECIAL)5 CLASS D PATCHES4 EXISTING CURB AND GUTTER3 EXISTING AGGREGATE BASE2 EXISTING BITUMINOUS PAVEMENT1 HOT-MIX ASPHALT BINER COURSE 2.5" CLIENT: DRAWING NO. SHEET OF TITLE: NO.DATE NATURE OF REVISION FILE NAME N:\OAKBROOK\230268\Civil\TYP_230268.SHT.dgn CHKD. DSGN. CHKD. SCALE: DWN. 1/31/2024PLOT DATE: VILLAGE OF OAK BROOK nmorelCAD USER: PROJ. NO.230268 MODEL:Default DATE: WATERMAIN IMPROVEMENTS MERRY LANE 1/31/2024 VCT Oak Brook, IL 60523 1200 Oak Brook Road 11 5' 4 4NOT FOR BID SCALE IN FEET 20020 MATCH LINE STA. 109+50MAT CH LI NE S T A. 1 0 5 + 0 0 MATCH LI NE STA. 105+00PROPOSED IMPROVEMENT PLANS PROPOSED STORM SEWER LEGEND PROPOSED SANITARY SEWER PROPOSED FIRE HYDRANT PROPOSED (WMQ) CASING CLASS D PATCH PROPOSED VALVE AND BOX VALVE AND VAULT, SIZE SPECIFIED PROPOSED WATERMAIN, SIZE SPECIFIED REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) CUT AND CAP EXISTING WATER MAIN OF TRAFFIC CONTROL AND PROTECTION, (SPECIAL). ONCE THE PITS ARE BACKFILLED. THIS WORK SHALL BE INCLUDED IN THE COST TEMPORARY CONCRETE BARRIER. THE TEMPORARY BARRIER SHALL BE REMOVED THE CONTRACTOR SHALL PROTECT THE DIRECTIONAL DRILLING AND RECEIVING PITS WITH 9. SHALL BE PROVIDED TO THE ENGINEER FOR APPROVAL. PROPOSES OTHER METHODS OR BORING DEPTHS, SUPPORTING DOCUMENTS AND CALCULATIONS DRILLING UNLESS OTHERWISE APPROVED BY THE ENGINEER. IF THE CONTRACTOR AT THE LOCATION INDICATED, THE WATER MAIN SHALL BE INSTALLED VIA DIRECTIONAL 8. SHALL BE INCLUDED IN THE COST OF DIRECTIONAL DRILLING OF WATER MAIN. ENGINEER IN ACCORDANCE WITH SPECIFICATION REQUIREMENTS. THIS WORK EXCAVATIONS WITH TIGHT SHEETING OR OTHER METHODS APPROVED BY THE CONTRACTOR SHALL BRACE/SHORE DIRECTIONAL DRILLING AND RECEIVING PIT 7. EXISTING EASEMENT LIMITS. MERRY LANE AND ENSURE THE WATER MAIN ALIGNMENT FALLS WITHIN THE CONTRACTOR TO VERIFY UTILITY EASEMENT LOCATION BETWEEN 800 AND 803 2. REMOVAL OF THE EXISTING B-BOX. SIDE OF THE EXISTING B-BOX BEFORE RE-CONNECTION TO THE SERVICE AND WITHIN THE RIGHT-OF-WAY AND THE SERVICE SHALL EXTEND TO THE HOUSE APPROXIMATE SERVICE LOCATIONS ARE SHOWN. A NEW B-BOX SHALL BE PLACED3. INCLUDED IN THE COST FOR THE INSTALLATION OF THE WATER MAIN. DUCTS) WHICH CROSS OVER THE PROPOSED WATER MAIN. THIS WORK SHALL BE CONTRACTOR IS REQURED TO PROPERLY SUPPORT ALL UTILITIES (INCLUDING 6. SERVICES SHALL BE 1-1/2" DIAMETER. EXISTING WATER SERVICES ASSUMED TO BE 1" DIAMETER AND PROPOSED WATER 5. CONSTRUCTION, PRESSURE TESTING, AND CHLORINATION OF NEW WATER MAIN. EXISTING WATER MAIN SHALL BE ABANDONED IN PLACE UPON COMPLETETION OF 4. ALL CONNECTION POINTS PRIOR TO START OF WATER MAIN INSTALLATION. EXISTING UTILITY LOCATION ARE APPROXIMATE. CONTRACTOR TO FIELD LOCATED1. NOTES SHALL IN INCIDENTAL TO THE PROPOSED WORK ITEM. 11. ANY WATER MAIN REMOVAL DUE TO ANY WORK ASSOCIATED IN THE PLANS SANITARY SERVICE LATERALS WHEN FIELD LOCATED. REPLACEMENT, AND SIDEWALK HAVE BEEN ADDED TO THE CONTRACT TO CONSTRUCT PROVISIONAL QUANTITIES FOR PAVEMENT PATCHING, CURB AND GUTTER REMOVAL AND 10. CLIENT: DRAWING NO. SHEET OF TITLE: NO.DATE NATURE OF REVISION FILE NAME N:\OAKBROOK\230268\Civil\PLN1_230268.SHT.dgn CHKD. DSGN. CHKD. SCALE: DWN. 1/31/2024PLOT DATE: VILLAGE OF OAK BROOK nmorelCAD USER: PROJ. NO.230268 MODEL:Default DATE: WATERMAIN IMPROVEMENTS MERRY LANE 1/31/2024 VCT Oak Brook, IL 60523 1200 Oak Brook Road 11 20' 5 5 100+00 101 102 103 104 105+00 MERRY LNFOREST TRAIL417 FOREST TRAIL 377 FOREST TRAIL 1014 APPROXIMATE R.O.W. LINE APPROXIMATE R.O.W. LINE INV S = INV NW = CATCH BASIN ELEV. (T/P)=-5.90' VALVE VAULT, 6" ELEV. (T/P)=-5.90' VALVE VAULT, 8" IN.(SE) 18"=-2.9' INV.(NW) 18"=-2.8' STORM M.H. INV.(SE) 12"=-2.20' INLET INV.(NE) 18"=-2.9' INV.(NW) 12"=-2.6' CATCH BASIN *EXPLORATORY EXCAVATION SHALL BE PERFORMED PRIOR TO ANY WATER MAIN WORK INSTALLATION *CONTRACTOR RESPONSIBLE TO VERIFY INVERT AND PIPE DIAMETER *ALL FITTINGS SHALL BE INCLUDED IN THE COST OF PVC C-900 WATER MAIN VALVE VAULTS TO BE REMOVED VALVE VAULT TO BE REMOVED 6 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) STA. 103+63 21' LT 14 LF PVC C-900 WATER MAIN 6" FIRE HYDRANT WITH AUXILIARY VALVE AND VALVE BOX 6 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) STA. 100+84 25' LT 17 LF PVC C-900 WATER MAIN 6" FIRE HYDRANT WITH AUXILIARY VALVE AND VALVE BOX 6 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) EXISTING MAIN CUT AND CAP T/WM= -5.7' B/STM= -4.2' CROSSING 8" X 8" TEE EXPLORATORY EXCAVATION CONNECTION TO EXISTING MAIN T/WM= -5.5 B/STM= -2.5 CROSSING FIRE HYDRANT TO BE REMOVED 91 CY TBF 111 LF PVC C-900 WATER MAIN, 8" 250 CY TBF 277 LF PVC C-900 WATER MAIN, 8" 10 CY TBF EXPLORATORY EXCAVATION 20 LF STORM SEWER REMOVE AND REPLACE WMQ OFF 6' LT STA. 100+84.65 8" X 6" TEE 17 CY TBF EXPLORATORY EXCAVATION 33 LF STORM SEWER REMOVE AND REPLACE WMQ OFF 7' LT STA 103+63 8" X 6" TEE 123 CY TBF 137 LF PVC C-900 WATER MAIN, 8" PATCHING 283 SY CLASS D OFF 6'LT 8"X8" SWIVEL TEE WATER VALVE, 8" VALVE VAULTS. A, 5' DIA. TY. 1 F, CL 105+00 106 107 108 109MERRY LN 1008 1001 1004 921 917 APPROXIMATE R.O.W. LINE APPROXIMATE R.O.W. LINE SA;LAFJALKJ INV. (E)=UNKNOWN SAN. M.H. INV.=UNKNOWN SAN. M.H. INV.(SE) 6"=-2.8' INV.(NE) 4"=-2.6' INV.(SW) 4"=-2.3' INLET INV.(SE) 12"=-2.9' INV.(NW) 4"=-2.8' CATCH BASIN INV.(SE) 6"=-3.0' INV.(NW) 6"=-3.0' CATCH BASIN INV. (E) 18"=-3.9' INV. (W) 18"=-3.9' INV. (N) 6"=-3.7' STORM M.H. STA. 106+63 23' LT 16 LF PVC C-900 WATER MAIN 6" FIRE HYDRANT WITH AUXILIARY VALVE AND VALVE BOX FIRE HYDRANT TO BE REMOVED T/WM= -5.5 B/STM= -2.9 CROSSING 150 CY TBF 164 LF PVC C-900 WATER MAIN, 8" OFF 6' LT STA 106+62 8" X 6" TEE 17 CY TBF EXPLORATORY EXCAVATION 33 LF STORM SEWER REMOVE AND REPLACE WMQ 230 CY TBF 256 LF PVC C-900 WATER MAIN, 8" 32 CY TBF 35 LF PVC C-900 WATER MAIN, 8" B-BOX, TYP. B-BOX, TYP. SHORT SIDE, TYP. WATER SERVICE REPLACEMENT- LONG SIDE, TYP. WATER SERVICE REPLACEMENT- PATCHING 255 SY CLASS D CURB AND GUTTER (SPECIAL) 6 LF REMOVE AND REPLACE 6 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) 10LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) CURB AND GUTTER (SPECIAL) 6LF REMOVE AND REPLACE 6LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) CURB AND GUTTER (SPECIAL) 6LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) 6LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) 6LF REMOVE AND REPLACE NOT FOR BID SCALE IN FEET 20020 MATCH LI NE STA. 115+00MATCH LINE STA. 109+50PROPOSED STORM SEWER LEGEND PROPOSED SANITARY SEWER PROPOSED FIRE HYDRANT PROPOSED (WMQ) CASING CLASS D PATCH PROPOSED VALVE AND BOX VALVE AND VAULT, SIZE SPECIFIED PROPOSED WATERMAIN, SIZE SPECIFIED REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) CUT AND CAP EXISTING WATER MAIN PROPOSED IMPROVEMENT PLANS OF TRAFFIC CONTROL AND PROTECTION, (SPECIAL). ONCE THE PITS ARE BACKFILLED. THIS WORK SHALL BE INCLUDED IN THE COST TEMPORARY CONCRETE BARRIER. THE TEMPORARY BARRIER SHALL BE REMOVED THE CONTRACTOR SHALL PROTECT THE DIRECTIONAL DRILLING AND RECEIVING PITS WITH 9. SHALL BE PROVIDED TO THE ENGINEER FOR APPROVAL. PROPOSES OTHER METHODS OR BORING DEPTHS, SUPPORTING DOCUMENTS AND CALCULATIONS DRILLING UNLESS OTHERWISE APPROVED BY THE ENGINEER. IF THE CONTRACTOR AT THE LOCATION INDICATED, THE WATER MAIN SHALL BE INSTALLED VIA DIRECTIONAL 8. SHALL BE INCLUDED IN THE COST OF DIRECTIONAL DRILLING OF WATER MAIN. ENGINEER IN ACCORDANCE WITH SPECIFICATION REQUIREMENTS. THIS WORK EXCAVATIONS WITH TIGHT SHEETING OR OTHER METHODS APPROVED BY THE CONTRACTOR SHALL BRACE/SHORE DIRECTIONAL DRILLING AND RECEIVING PIT 7. EXISTING EASEMENT LIMITS. MERRY LANE AND ENSURE THE WATER MAIN ALIGNMENT FALLS WITHIN THE CONTRACTOR TO VERIFY UTILITY EASEMENT LOCATION BETWEEN 800 AND 803 2. REMOVAL OF THE EXISTING B-BOX. SIDE OF THE EXISTING B-BOX BEFORE RE-CONNECTION TO THE SERVICE AND WITHIN THE RIGHT-OF-WAY AND THE SERVICE SHALL EXTEND TO THE HOUSE APPROXIMATE SERVICE LOCATIONS ARE SHOWN. A NEW B-BOX SHALL BE PLACED3. INCLUDED IN THE COST FOR THE INSTALLATION OF THE WATER MAIN. DUCTS) WHICH CROSS OVER THE PROPOSED WATER MAIN. THIS WORK SHALL BE CONTRACTOR IS REQURED TO PROPERLY SUPPORT ALL UTILITIES (INCLUDING 6. SERVICES SHALL BE 1-1/2" DIAMETER. EXISTING WATER SERVICES ASSUMED TO BE 1" DIAMETER AND PROPOSED WATER 5. CONSTRUCTION, PRESSURE TESTING, AND CHLORINATION OF NEW WATER MAIN. EXISTING WATER MAIN SHALL BE ABANDONED IN PLACE UPON COMPLETETION OF 4. ALL CONNECTION POINTS PRIOR TO START OF WATER MAIN INSTALLATION. EXISTING UTILITY LOCATION ARE APPROXIMATE. CONTRACTOR TO FIELD LOCATED1. NOTES SHALL IN INCIDENTAL TO THE PROPOSED WORK ITEM. 11. ANY WATER MAIN REMOVAL DUE TO ANY WORK ASSOCIATED IN THE PLANS SANITARY SERVICE LATERALS WHEN FIELD LOCATED. REPLACEMENT, AND SIDEWALK HAVE BEEN ADDED TO THE CONTRACT TO CONSTRUCT 10. PROVISIONAL QUANTITIES FOR PAVEMENT PATCHING, CURB AND GUTTER REMOVAL AND CLIENT: DRAWING NO. SHEET OF TITLE: NO.DATE NATURE OF REVISION FILE NAME N:\OAKBROOK\230268\Civil\PLN2_230268.SHT.dgn CHKD. DSGN. CHKD. SCALE: DWN. 1/31/2024PLOT DATE: VILLAGE OF OAK BROOK nmorelCAD USER: PROJ. NO.230268 MODEL:Default DATE: WATERMAIN IMPROVEMENTS MERRY LANE 1/31/2024 VCT Oak Brook, IL 60523 1200 Oak Brook Road 11 20' 6 6 110+00 111 112 113 114 115+00 MERRY LN 912 908 909 904 905 900 901 820 817913 APPROXIMATE R.O.W. LINE APPROXIMATE R.O.W. LINE ELEV. (T/P) = VALVE VAULT, 6" INV.(S) 15"=-3.1' INV.(E) 6"=-2.7' CATCH BASIN INV.(W) (E) 18" =-3.2' INV.(N) 15"=-3.2' CATCH BASIN INV.(S) 21"=-5.4' INV.(NW) 15"=-3.9' INV.(W) 18"=-5.3' STM. MANHOLE APPROXIMATE R.O.W. LINE INV.=UNKNOWN SAN, MANHOLE 6 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) STA. 112+75 27' LT 19 LF PVC C-900 WATER MAIN 6" FIRE HYDRANT WITH AUXILIARY VALVE AND VALVE BOX STA. 109+62 25' LT 17 LF PVC C-900 WATER MAIN 6" FIRE HYDRANT WITH AUXILIARY VALVE AND VALVE BOX 6 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) STA. 110+26 6' LT WATER VALVES, 8" VALVE VAULTS TY. A 4' DIA. TY.1 F. CL T/WM= -5.5 B/STM= -2.9 CROSSING 57 CY TBF 63 LF PVC C-900 WATER MAIN, 8" OFF 6' LT STA 109+62 8" X 6" TEE 11 CY TBF 12 LF PVC C-900 WATER MAIN, 8" 17 CY TBF EXPLORATORY EXCAVATION 33 LF STORM SEWER REMOVE AND REPLACE WMQ 224 CY TBF 249 LF PVC C-900 WATER MAIN, 8" OFF 6' LT STA 112+74 8" X 6" TEE 203 CY TBF 225 LF PVC C-900 WATER MAIN, 8" B-BOX, TYP. B-BOX, TYP. LONG SIDE, TYP. WATER SERVICE REPLACEMENT- SHORT SIDE, TYP. REPLACEMENT- WATER SERVICE PATCHING 305 SY CLASS D 6 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) 6 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) AND GUTTER (SPECIAL) 6 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) 6 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) 6 LF REMOVE AND REPLACE CURB 6 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) AND GUTTER (SPECIAL) 6 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) 6 LF REMOVE AND REPLACE CURB FIRE HYDRANT TO BE REMOVED NOT FOR BID SCALE IN FEET 20020MATCH LI NE STA. 115+00PROPOSED IMPROVEMENT PLANS PROPOSED STORM SEWER LEGEND PROPOSED SANITARY SEWER PROPOSED FIRE HYDRANT PROPOSED (WMQ) CASING CLASS D PATCH PROPOSED VALVE AND BOX VALVE AND VAULT, SIZE SPECIFIED PROPOSED WATERMAIN, SIZE SPECIFIED REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) CUT AND CAP EXISTING WATER MAIN OF TRAFFIC CONTROL AND PROTECTION, (SPECIAL). ONCE THE PITS ARE BACKFILLED. THIS WORK SHALL BE INCLUDED IN THE COST TEMPORARY CONCRETE BARRIER. THE TEMPORARY BARRIER SHALL BE REMOVED THE CONTRACTOR SHALL PROTECT THE DIRECTIONAL DRILLING AND RECEIVING PITS WITH 9. SHALL BE PROVIDED TO THE ENGINEER FOR APPROVAL. PROPOSES OTHER METHODS OR BORING DEPTHS, SUPPORTING DOCUMENTS AND CALCULATIONS DRILLING UNLESS OTHERWISE APPROVED BY THE ENGINEER. IF THE CONTRACTOR AT THE LOCATION INDICATED, THE WATER MAIN SHALL BE INSTALLED VIA DIRECTIONAL 8. SHALL BE INCLUDED IN THE COST OF DIRECTIONAL DRILLING OF WATER MAIN. ENGINEER IN ACCORDANCE WITH SPECIFICATION REQUIREMENTS. THIS WORK EXCAVATIONS WITH TIGHT SHEETING OR OTHER METHODS APPROVED BY THE CONTRACTOR SHALL BRACE/SHORE DIRECTIONAL DRILLING AND RECEIVING PIT 7. EXISTING EASEMENT LIMITS. MERRY LANE AND ENSURE THE WATER MAIN ALIGNMENT FALLS WITHIN THE CONTRACTOR TO VERIFY UTILITY EASEMENT LOCATION BETWEEN 800 AND 803 2. REMOVAL OF THE EXISTING B-BOX. SIDE OF THE EXISTING B-BOX BEFORE RE-CONNECTION TO THE SERVICE AND WITHIN THE RIGHT-OF-WAY AND THE SERVICE SHALL EXTEND TO THE HOUSE APPROXIMATE SERVICE LOCATIONS ARE SHOWN. A NEW B-BOX SHALL BE PLACED3. INCLUDED IN THE COST FOR THE INSTALLATION OF THE WATER MAIN. DUCTS) WHICH CROSS OVER THE PROPOSED WATER MAIN. THIS WORK SHALL BE CONTRACTOR IS REQURED TO PROPERLY SUPPORT ALL UTILITIES (INCLUDING 6. SERVICES SHALL BE 1-1/2" DIAMETER. EXISTING WATER SERVICES ASSUMED TO BE 1" DIAMETER AND PROPOSED WATER 5. CONSTRUCTION, PRESSURE TESTING, AND CHLORINATION OF NEW WATER MAIN. EXISTING WATER MAIN SHALL BE ABANDONED IN PLACE UPON COMPLETETION OF 4. ALL CONNECTION POINTS PRIOR TO START OF WATER MAIN INSTALLATION. EXISTING UTILITY LOCATION ARE APPROXIMATE. CONTRACTOR TO FIELD LOCATED1. NOTES SHALL IN INCIDENTAL TO THE PROPOSED WORK ITEM. 11. ANY WATER MAIN REMOVAL DUE TO ANY WORK ASSOCIATED IN THE PLANS SANITARY SERVICE LATERALS WHEN FIELD LOCATED. REPLACEMENT, AND SIDEWALK HAVE BEEN ADDED TO THE CONTRACT TO CONSTRUCT 10. PROVISIONAL QUANTITIES FOR PAVEMENT PATCHING, CURB AND GUTTER REMOVAL AND CLIENT: DRAWING NO. SHEET OF TITLE: NO.DATE NATURE OF REVISION FILE NAME N:\OAKBROOK\230268\Civil\PLN3_230268.SHT.dgn CHKD. DSGN. CHKD. SCALE: DWN. 1/31/2024PLOT DATE: VILLAGE OF OAK BROOK nmorelCAD USER: PROJ. NO.230268 MODEL:Default DATE: WATERMAIN IMPROVEMENTS MERRY LANE 1/31/2024 VCT Oak Brook, IL 60523 1200 Oak Brook Road 11 20' 7 7 115+00 116 117 118 119 120+00 MERRY LN815 812816 808 804 800 811 807 803 APPROXIMATE R.O.W. LINE APPROXIMATE R.O.W. LINE ELEV. (T/P) = VALVE VAULT, 8" ELEV. (T/P) = VALVE VAULT, 6" INV.(S) 8"=2.5'INV.(NE) 4"=2.5'INV.(NW) 4"=-2.51'INLET INV. (S) 6"=-12.0'INV. (N) 6"=-12.0'INV.(W)(E) 12"=-12.0'SAN, MANHOLE INV. (S) 18"=-2.8'INV. (N) 8"=-2.8'ST. MANHOLE APPROXIMATE UTILITY EASEMENT LINE APPROXIMATE UTILITY EASEMENT LINE*EXPLORATORY EXCAVATION SHALL BE PERFORMED PRIOR TO ANY WATER MAIN WORK INSTALLATION *CONTRACTOR RESPONSIBLE TO VERIFY INVERT AND PIPE DIAMETER *ALL FITTINGS SHALL BE INCLUDED IN THE COST OF PVC C-900 WATER MAIN STA. 120+65 8"X8" SWIVEL TEE WATER VALVE, 8" VALVE VAULTS. A, 5' DIA. TY. 1 F, CL 230 CY TBF 223 LF PVC C-900 WATER MAIN, 8" 8" X 8" TEE EXPLORATORY EXCAVATION CONNECTION TO EXISTING MAIN EXISTING MAIN CUT AND CAP T/WM= -5.5 B/STM= -2.7 CROSSING 30 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) OFF 42' LT STA. 117+15.92 8" X 6" TEE PATCHING 111 SY CLASS D STA. 117+20 32' LT 9 LF PVC C-900 WATER MAIN 6" FIRE HYDRANT WITH AUXILIARY VALVE AND VALVE BOX 75 CY TBF 20'X15' RECEIVING PIT VALVE VAULT TO BE REMOVED B-BOX, TYP. B-BOX, TYP. SHORT SIDE, TYP. REPLACEMENT- WATER SERVICE LONG SIDE, TYP. REPLACEMENT- WATER SERVICE AND GUTTER (SPECIAL) 6 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) 6 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) 6 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) 6 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) 6 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) 11 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) 6 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) 6 LF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) 6 LF REMOVE AND REPLACE CURB 18 CY TBF EXPLORATORY EXCAVATION 35 LF STORM SEWER REMOVE AND REPLACE, WMQ FIRE HYDRANT TO BE REMOVED (BY HORIZONTAL DIRECTIONAL DRILLING) 337 LF PVC C-900 WATER MAIN 8" NOT FOR BID CONSTRUCTION DETAILS CLIENT: DRAWING NO. SHEET OF TITLE: NO.DATE NATURE OF REVISION FILE NAME N:\OAKBROOK\230268\Civil\DET 01_230268.SHT CHKD. DSGN. CHKD. SCALE: DWN. 1/31/2024PLOT DATE: VILLAGE OF OAK BROOK nmorelCAD USER: PROJ. NO.230268 MODEL:Default DATE: WATERMAIN IMPROVEMENTS MERRY LANE 1/31/2024 VCT Oak Brook, IL 60523 1200 Oak Brook Road 11 20' 8 8NOT FOR BID SEE STATE STANDARD 606001 NOTE: 4. LONGITUDINAL BARS, IF ENCOUNTERED IN THE EXISTING CURB OR CURB AND GUTTER, ARE NOT TO BE REPLACED. CUTTING AND REMOVING LONGITUDINAL BARS SHALL BE INCLUDED IN THE COST OF CURB OR CURB AND GUTTER REMOVAL AND REPLACEMENT. 5. THE COST OF HMA SURFACE REMOVAL IN THE EXISTING GUTTER FLAG SHALL BE INCLUDED IN THE COST OF THE CURB AND GUTTER REMOVAL AND REPLACEMENT. 6. THE REMOVAL AND REPLACEMENT OF THE EXISTING CURB OR CURB AND GUTTER SHALL BE DONE IN ACCORDANCE WITH THE APPLICABLE PORTIONS OF SECTION 440 AND 606 OF THE STANDARD SPECIFICATIONS. 7. THE LOCATIONS OF REMOVAL AND REPLACEMENT OF EXISTING CURB OR CURB AND GUTTER SHALL BE DETERMINED BY THE RESIDENT ENGINEER AT THE TIME OF CONSTRUCTION. BASIS OF PAYMENT: ‚" (5) BASE COURSE OR FLEXIBLE PAVEMENT EXISTING CONCRETE PAVEMENT, CONCRETE AND FIELD CONDITIONS (SEE NOTE 2) VARIABLE-TO MEET EXISTING DIMENSIONS EXISTING SIDEWALK, DRIVEWAY, OR GROUND IN ACCORDANCE WITH STATE STANDARD 606001 (SEE NOTE 2) REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) REPLACE CURB AND GUTTER (SPECIAL) INCLUDED IN THE COST OF REMOVE AND PROPOSED P.C.C. BASE COURSE, 8" (MIN.) PROPOSED PAVEMENT REMOVAL AND IN THE COST OF REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) * 2 - #6 EPOXY COATED SMOOTH DOWEL BARS (18" LONG) INCLUDED REMOVAL PAY ITEM IN THE COST OF SIDEWALK OR DRIVEWAY SAW CUT FULL DEPTH INCLUDED DRIVEWAY PAVEMENT, OR SODDING (SPECIAL) PROPOSED EXPOSED SURFACE, SIDEWALK, 1. SIDEWALK, DRIVEWAY PAVEMENT OR MEDIAN SURFACE SHALL BE SIMILAR TO THE MATERIAL BEING REMOVED AND WILL BE PAID FOR SEPARATELY. PROPOSED HMA SURFACE (IF APPLICAPLE) ITEM INCLUDED IN THE COST OF THE PROPOSED RESTORATION AT CONCRETE SIDEWALKS, DRIVEWAYS, AND MEDIANS. PROPOSED 3/4" (20) PREFORMED EXPANSION JOINT STANDARD SPECIFICATIONS. PAID FOR IN ACCORDANCE WITH THE ARTICLE 109.04 OF THE REMOVAL AND REPLACEMENT IN EXCESS OF 4" (100) WILL BE IN THE REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) REMOVAL AND REPLACEMENT 4" (100) OR LESS IS INCLUDED OF CONCRETE. GRANULAR MATERIAL TYPE B OR ADDITIONAL THICKNESS BY THE ENGINEER, SHALL BE REPLACED WITH EITHER SUB-BASE UNSUITABLE SUB-BASE MATERIAL TO BE REMOVED, IF DIRECTED VARIES CURB AND GUTTER UNLESS OTHERWISE DIRECTED BY THE ENGINEER IN THE FIELD 2. CURB OR CURB AND GUTTER REMOVAL SHALL MATCH THE SHAPE OF THE EXISTING CURB OR REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) SAW CUT FULL DEPTH INCLUDED IN THE COST OF AND GUTTER (SPECIAL)" PRICE PER FOOT (METER) FOR "REMOVE AND REPLACE CURB THIS WORK WILL BE PAID FOR AT THE CONTRACT UNIT (MILLIMETERS) UNLESS OTHERWISE SHOWN. ALL DIMENSIONS ARE IN INCHES SUITABLE BACKFILL MATERIAL REMOVE AND REPLACE CURB AND GUTTER (SPECIAL) CONSTRUCTION DETAILS CLIENT: DRAWING NO. SHEET OF TITLE: NO.DATE NATURE OF REVISION FILE NAME N:\OAKBROOK\230268\Civil\DET 02_230268.SHT CHKD. DSGN. CHKD. SCALE: DWN. 1/31/2024PLOT DATE: VILLAGE OF OAK BROOK nmorelCAD USER: PROJ. NO.230268 MODEL:Default DATE: WATERMAIN IMPROVEMENTS MERRY LANE 1/31/2024 VCT Oak Brook, IL 60523 1200 Oak Brook Road 11 0' 9 9NOT FOR BID CONSTRUCTION DETAILS CLIENT: DRAWING NO. SHEET OF TITLE: NO.DATE NATURE OF REVISION FILE NAME N:\OAKBROOK\230268\Civil\DET 03_230268.SHT.dgn CHKD. DSGN. CHKD. SCALE: DWN. 1/31/2024PLOT DATE: VILLAGE OF OAK BROOK nmorelCAD USER: PROJ. NO.230268 MODEL:Default DATE: WATERMAIN IMPROVEMENTS MERRY LANE 1/31/2024 VCT Oak Brook, IL 60523 1200 Oak Brook Road 11 20' 10 10NOT FOR BID CONSTRUCTION DETAILS CLIENT: DRAWING NO. SHEET OF TITLE: NO.DATE NATURE OF REVISION FILE NAME N:\OAKBROOK\230268\Civil\DET 04_230268.SHT.dgn CHKD. DSGN. CHKD. SCALE: DWN. 1/31/2024PLOT DATE: VILLAGE OF OAK BROOK nmorelCAD USER: PROJ. NO.230268 MODEL:Default DATE: WATERMAIN IMPROVEMENTS MERRY LANE 1/31/2024 VCT Oak Brook, IL 60523 1200 Oak Brook Road 11 20' 11 11NOT FOR BID