HomeMy WebLinkAboutPW Radiant Heater Purcase and Installation Project i:\finance\shared\bids & rfps\2024\pw radiant heater purcase and installation project.docx
Village of Oak Brook
Public Works Garage Radiant Heaters
Purchase and Installation Project
Request for Proposals
July 2024
Table of Contents
Section
A. Notice to Proposers
B. Proposal
C. Instructions to Proposers
D. Specifications
E. Special Conditions
F. Statement of Proposer’s Qualifications
G. References
H. Proposal Certification
I. Contract
J. Payment and Performance Bonds
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Section A Notice to Proposers
Posted on the Village of Oak Brook website, Wednesday, May 29, 2024
The Village of Oak Brook will receive proposals for:
Public Works Garage Radiant Heaters Purchase and Installation Project
A Pre-Proposal meeting and site visit will be held at 10:00 a.m. on Wednesday August
7, 2024 at the Public Works Building, 3003 Jorie Blvd., Oak Brook, IL, 60523. Prospective
Proposers must be at the building site at 10:00 a.m. to be considered an attendee.
Attendance at this meeting is strongly recommended. The purpose of the meeting is to
give all prospective Proposers the opportunity to inspect the site. Any questions or concerns
can be addressed at this time.
Sealed proposals will be received by Rania Serences, Purchasing & Budgeting Coordinator,
Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, IL 60523 until 11:00 A.M.,
Wednesday, August 14, 2024, prevailing time. Proposals received after this date and time
will be returned to the sender unopened.
A complete proposal package, of which this legal notice is a part, is on file for inspection and
may be downloaded from the Village’s website www.oak-brook.org or picked up at the Butler
Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 60523, between the hours
of 8 A.M. and 4:30 P.M. Monday through Friday. There is no charge for the package.
No proposal shall be withdrawn after opening of proposals without the consent of the Village
of Oak Brook for a period of ninety (90) days after the scheduled time of opening proposals.
The Village of Oak Brook reserves the right to reject any or all proposals, to waive any
informalities, and to accept the proposal deemed most advantageous to it.
Netasha Scarpiniti
Village Clerk
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Section B Proposal
1. COST OF WORK:
The undersigned, acting for and on behalf of contractor and having familiarized himself
with conditions affecting the cost of the work and its performance and having carefully
examined and fully understood the entire proposal package, hereby affirms and agrees to
enter into a contract with the Village of Oak Brook, Oak Brook, IL.
To provide all supervision, labor, material, equipment and all other expense items to
completely perform the work covered by the specifications in this Proposal Package,
including completely assembling all items in an operable condition and delivering said
items to the Village of Oak Brook.
The undersigned submits herewith his proposal for the indicated items as follows:
Supply, Deliver, and Install multiple HL-3 Detroit Radiant Re-Verber-Ray Heaters and
Controls. The Lump Sum Total must also include the Removal and Disposal of
Existing Heaters, Piping, and Controls, as Contained in Section D:
QUANTITY HEATER SIZE UNIT COST EXTENDED COST
Total Project Cost $
In Words
The Village of Oak Brook reserves the right to reject any or all proposals and to waive any
informalities and to accept the proposal deemed most advantageous to it.
2. COSTS:
The undersigned contractor hereby affirms and states the prices quoted herein constitute
the total cost to the Village for all work involved in the respective items and that this cost
also includes all insurance, royalties, transportation charges, use of all tools and
equipment, superintendence, overhead expense, all profits and all other work, services
and conditions necessarily involved in the work to be done and materials to be furnished
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in accordance with the requirements of the contract documents considered severally and
collectively. All proposals shall be held valid for a period of ninety (90) days after the
proposal due date.
3. INSTRUCTIONS TO PROPOSERS:
The undersigned vendor/contractor shall comply with all Sections of this Proposal Package
which are incorporated herein by reference.
4. PROPOSAL GUARANTEE:
None.
5. TIME OF COMPLETION:
The undersigned affirms and declares that if awarded the contract for this work he will
completely perform said contract in strict accordance with its terms and conditions by
December 15, 2024, unless additional time shall be granted by the Village in accordance
with the provisions of the specifications. Should the contractor fail to complete the work by
said date or within such extended time as may have been allowed, the contractor shall be
liable to the Village for the amount set forth in the specifications.
Firm Name:
Address:
City, State, ZIP:
Signature:
Name Printed:
Title:
Telephone: Date:
If a Corporation:
ATTEST:
____________________________
Secretary
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Section C Instructions to Proposers
1. RECEIPT OF PROPOSAL: Wednesday, the 14th day, August 2024; 11:00 A.M.
2. BASIS OF PROPOSAL: Sealed proposals will be received until the above noted time
and date.
3. PROPOSAL DESCRIPTION: Public Works Garage Radiant Heaters Purchase and
Installation Project
4. PREPARATION AND SUBMISSION OF PROPOSALS:
A. A Pre-Proposal meeting and site visit will be held at 10:00 a.m. Wednesday,
August 7, 2024 at Public Works Building, 3003 Jorie Blvd., Oak Brook, IL, 60523.
Prospective Proposers must be at the building site at 10:00 a.m. to be considered
an attendee. Attendance at this meeting is strongly recommended. The
purpose of the meeting is to give all prospective Proposers the opportunity to
inspect the site. Any questions or concerns can be addressed at this time.
B. The proposal must be delivered to the office of the Purchasing & Budgeting
Coordinator, Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, IL 60523
on or before Wednesday, 11:00 A.M., prevailing time, August 14, 2024.
Proposals received after this time will not be considered and will be returned
unopened.
C. Each proposal shall be submitted on the exact form furnished. All blank spaces for
proposal prices, unit costs and alternates must be filled in--in ink--in both words and
figures if indicated. In case of any discrepancy in the amount proposal, the prices
expressed in written words shall govern.
D. Each Proposer must complete, execute and submit with its proposal a certification
that contractor is not barred from public contracting due to bid-rigging or bid rotating
convictions on the form included with the proposal documents.
E. Each Proposer must submit a complete proposal package, including the following
items:
1. Proposal.
2. References.
3. Statement of Proposer’s Qualifications.
4. Proposal Certification (filled out and signed).
5. Contract (filled out and signed).
6. Sexual Harassment Certificate (filled out and signed).
7. Contractor’s Certifications (filled out and signed).
8. Prevailing Wage Affidavit
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9. Certified Payroll Record
F. The proposal shall be submitted in an opaque sealed envelope on or before the
time stated and shall bear the name of the individual, firm, or corporation submitting
the Proposal and the Proposal Name “Public Works Garage Radiant Heaters
Purchase and Installation Project”.
G. Proposers may attach separate sheets to the proposal for the purpose of
explanation, exception, alternate proposal and to cover unit prices, if needed.
H. Proposers may withdraw their proposal either personally or by written request at
any time before the hour set for the proposal opening and may resubmit it. No
proposal may be withdrawn or modified after the proposal due date except where
the award of contract has been delayed for a period of more than ninety (90) days.
I. In submitting this proposal, the Proposer further declares that the only person or
party interested in the proposal as principals are those named herein; and that the
proposal is made without collusion with any other person, firm or corporation.
J. The Proposer further declares that he has carefully examined this entire Proposal
Package, and he has familiarized himself with all of the local conditions affecting
the contract and the detailed requirements of this work and understands that in
making the proposal he waives all rights to plead a misunderstanding regarding
same.
K. The Proposer further understands and agrees that if his proposal is accepted, he
is to furnish and provide all necessary machinery, tools, apparatus, and other
means to do all of the work and to furnish all of the materials specified in the
contract, except such materials as are to be furnished by the owner (Village), in the
manner and at the time therein prescribed, and in accordance with the
requirements therein set forth.
L. The Proposer further agrees that if the Village decides to extend or shorten the
work, or otherwise alter it by extras or deductions, including elimination of one or
more of the items, as provided in the specifications, he will perform the work as
altered, increased or decreased.
M. The Proposer further agrees that the Village representative may at any time during
the progress of the work covered by this Contract, order other work or materials
incidental thereto and that all such work and materials as do not appear in the
proposal or contract as a specific item covered by a lump sum price, and which
are not included under the proposal price for other items in the Contract, shall be
performed as extra work.
N. The Proposer shall submit a fully executed Contract, Sexual Harassment
Certificate, and Contractor's Certification, Contract, Sexual Harassment
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Certificate, Contractor’s Certifications, Prevailing Wage Affidavit, and Certified
Payroll Record as a part of his Proposal.
O. By submitting a proposal, the Proposer understands and agrees that, if his
proposal is accepted, and he fails to enter into a contract forthwith, he shall be
liable to the Village for any damages the Village may thereby suffer.
P. No proposal will be considered unless the party offering it shall furnish evidence
satisfactory to the Village that he has necessary facilities, ability, and pecuniary
resources to fulfill the conditions of the Contract.
Q. If the Proposer is in doubt as to the true meaning of any part of the specifications,
or other proposed contract documents, he may submit to the Public Works
Director a written request for an interpretation thereof. The person submitting
the request will be responsible for its prompt delivery. Any interpretation of the
documents will be made only by addendum duly issued by the Village. The
Village will not be responsible for any other explanation or interpretation of the
Proposal Package.
5. SUBSTITUTIONS:
A. Certain materials and equipment are specified by a manufacturer or trade name
to establish standards of quality and performance and not for the purpose of
limiting competition. Proposers are invited to submit proposals not only on
named items but also on items which they propose for substitution of named
items. Products of other manufacturers may be substituted, if, in the opinion of
the Village, they are equal to those specified in quality, performance, design and
suitability for intended use. Where two or more items are specified, the selection
among those specified is the Proposer’s option, or he may submit his proposal
on all such items.
B. Proposals shall be based on materials included in the specifications.
Substitutions for the purpose of evaluating proposals will be considered only if
proposed substitutions are set forth in the sealed proposal and will only be
accepted prior to the award of the contract. The offer of substitutions shall be
an integral part of the proposal, appearing immediately after all requested
proposals and before the signature of the Proposer.
C. Substitutions of materials other than those specified will not be considered in the
base proposal price. However, other substitutions may be listed in the specified
place in the Proposal Form, with the indication of the change in the base
proposal price for the total cost.
D. In addition to the requirements heretofore mentioned, in order for substitutions
to qualify for consideration, the following shall accompany each proposal:
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1. Each proposed substitution shall be itemized showing manufacturer name,
catalog number, quantity, unit cost and total cost. The Proposer shall prepare
the necessary forms to list his substitutions in the manner outlined.
2. Each proposal offering substitutions shall be accompanied by descriptive
literature, catalog data, complete technical specifications and reports
of all pertinent tests concerning the Proposer’s proposed substitutions
6. CONDITIONS:
A. The Village is exempt from Federal excise tax and the Illinois Retailer's
Occupation Tax. This proposal cannot include any amounts of money for these
taxes.
B. The Village shall reserve the right to add or to deduct from the base proposal
and/or alternate proposal any item at the prices indicated in the itemization of
the proposal.
C. All proposals shall be good for ninety (90) days from the date of the proposal
opening.
7. BASIS OF AWARD:
The Village of Oak Brook reserves the right to reject any or all proposals and to waive
any informality or technical error and to accept any proposal deemed most favorable
to the interests of the Village of Oak Brook. In addition to price, the Village will
consider:
A. Compliance with RFP. Adherence to all conditions and requirements of the
RFP.
B. Understanding of the Project. The proposer’s understanding of the
engagement, the Village’s objectives, and the nature and scope of the work
involved.
C. Services to be Provided. The exact type and nature of the proposers
proposed services and how they accomplish the objectives of the project.
D. Qualifications of the Proposer. The proposer’s capability in all respects to
perform fully all contract requirements, and the integrity and reliability which
will assure good faith performance.
E. The experience of the contractor and its record on projects of a similar
nature.
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F. The availability of necessary personnel and other resources to successfully
complete the project specified herein on a timely basis.
G. Costs. Proposed contract price.
H. Ability, capacity, and skill to fulfill the contract as specified.
I. Ability to supply the commodities; provide the services or complete the
construction promptly, or within the time specified, without delay or
interference.
J. Character, integrity, reputation, judgment, experience, and efficiency.
K. Quality of performance on previous contracts.
L. Previous and existing compliance with laws and ordinances relating to the
contract.
M. Sufficiency of financial resources.
N. Quality, availability and adaptability of the commodities, services, or
construction, in relation to the Village’s requirements.
O. The quality of the service itself, or the quality and durability of the product or
service itself.
P. Ability to provide future maintenance and service under the contract.
Q. Number and scope of conditions attached to the proposal.
R. Record of payments for taxes, licenses, or other monies due to the Village.
8. GUARANTEE:
Contractor (successful Proposer) will guarantee his own work for a period of one (1)
year against faulty material and/or workmanship. If any defects(s) appear(s) within
the one (1) year guarantee period, the contractor will repair any such defect(s) solely
at his cost and at no cost to the Village of Oak Brook. The Contractor will also forward
copies of all applicable manufacture’s warranties for all equipment/commodities
supplied by the Contractor as a part of the Contract.
9. WARRANTY:
The Contractor will also forward copies of all applicable manufacturer's warranties for
all equipment/commodities supplied by the Contractor as a part of the Contract.
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10. PAYMENT:
The Village of Oak Brook authorizes the payment of invoices on the second and fourth
Tuesday of the month. For consideration on one of these dates, payment request
must be received no later than fourteen (14) days prior to the second or fourth Tuesday
of the month.
11. INDEMNIFICATION:
The Contractor shall protect, indemnify, save, defend and hold forever harmless the
Village and/or its officers, officials, employees, volunteers and agents from and against
all liabilities, obligations, claims, damages, penalties, causes of action, costs and
expenses, including without limitation court costs, insurance deductibles and
attorney's fees and expenses, which the Village and/or its officers, officials,
employees, volunteers and agents may incur, suffer or sustain, or for which the Village
and/or its officers, officials, employees, volunteers and agents may become obligated
by reason for any accident, injury to or death of persons or loss of or damage to
property, or civil and/or constitutional infringement of rights (specifically including
violations of the Federal Civil Right Statutes), arising indirectly or directly in connection
with or under, or as a result of, this or any Contract by virtue of any act or omission of
any of the Contractor's officers, employees, subcontractors, and/or agents, provided
that the Contractor shall not be liable for claims, obligations, damages, penalties,
causes of action, costs and expenses arising solely by any act or omission of the
Village's officers, officials, employees, volunteers and/or agents.
The contractor shall hold the Village harmless for any and all claims for labor, material,
apparatus, equipment, fixtures, or machinery furnished to the contractor for the
purpose of performing the work under the contract; and the payment of all direct and
indirect damages to any person, firm, company or corporation suffered or sustained
on account of the performance of such work during the time the contract is in force.
12. INSURANCE:
Certificates of Insurance shall be presented to the Village within fifteen (15) days after
the receipt by the contractor of the Notice of Award and the unexecuted contract, it
being understood and agreed that the Village will not approve and execute the contract
until acceptable insurance certificates are received and approved by the Village.
Each contractor performing any work pursuant to a contract with the Village of Oak
Brook and each permittee working under a permit as required pursuant to the
provisions of Title 1 of Chapter 8 of the Code of Ordinances of the Village of Oak Brook
(hereinafter referred to as "Insured") shall be required to carry such insurance as
specified herein. Such contractor and permittee shall procure and maintain for the
duration of the contract or permit insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of
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the work under the contract or permit, either by the contractor, permittee, or their
agents, representatives, employees, or subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability - $2,000,000 combined single limit per occurrence for bodily
injury, personal injury, and property damage, provided that when the estimated
cost of the work in question does not exceed $5,000, the required limit shall be
$500,000;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per
accident for bodily injury and property damage;
C. Worker's Compensation and Employer's Liability - Worker's Compensation limits
as required by the Labor Code of the State of Illinois and Employer's Liability
limits of $1,000,000 per accident.
Any deductibles or self-insured retention must be declared to and approved by the
Village. At the option of the Village, either the insurer shall reduce or eliminate such
deductible or self-insured retention as respects the Village, its officers, officials,
employees, and volunteers; or the Insured shall procure a bond guaranteeing payment
of losses and related investigations, claim administration and defense expenses to the
extent of such deductible or self-insured retention.
The policies shall contain, or be endorsed to contain, the following provisions:
D. General Liability and Automobile Liability Coverage -
(1) The Village, its officers, officials, employees, and volunteers are to be
covered as additional insureds as respects: liability arising out of activities
performed by or on behalf of the Insured; premises owned, occupied, or
used by the Insured. The coverage shall contain no special limitations on
the scope of protection afforded to the Village, its officers, officials,
employees, volunteers, or agents.
(2) The Insured's insurance coverage shall be primary insurance as respects
the Village, its officers, officials, employees, volunteers, and agents. Any
insurance or self-insurance maintained by the Village, its officers, officials,
employees, volunteers, or agents shall be in excess of the Insured's
insurance and shall not contribute with it.
(3) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Village, its officers, officials, employees,
volunteers, or agents.
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(4) The Insured's insurance shall apply separately to each covered party
against whom claim is made or suit is brought except with respect to the
limits of the insurer's liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its
officers, officials, employees, volunteers, and agents for losses arising
from work performed by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except
after thirty (30) days prior written notice by certified mail has been given to the Village.
Each insurance policy shall name the Village, its officers, officials and employees,
volunteers, and agents as additional Insureds. Insurance is to be placed with
insurers with a Best's rating of no less than A: VII.
Each Insured shall furnish the Village with certificates of insurance and with original
endorsements effecting coverage required by this provision. The certificate and
endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificates and endorsements are to
be on forms approved by the Village and shall be subject to approval by the Village
Attorney before work commences. The Village reserves the right to request
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 coverage
for subcontractors shall be subject to all of the requirements stated herein.
13. SAFETY:
The contractor and any subcontractors shall comply with all the provisions of the
Federal Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended.
14. NON-DISCRIMINATING:
The Vendor, its employees, and subcontractors, agrees not to commit unlawful
discrimination and agrees to comply with applicable provisions of the Illinois Human
Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation
Act, and rules applicable to each.
15. EQUAL OPPORTUNITY:
The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, ancestry, national origin, place of
birth, age, or handicap unrelated to bona fide occupational qualifications.
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16. PREVAILING RATE OF WAGES:
All wages paid by the Contractor and each subcontractor shall be in compliance
with The Prevailing Wage Act (820 ILCS 130), as amended, except where a
prevailing wage violates a federal law, order, or ruling, the rate conforming to the
federal law, order, or ruling shall govern. The Contractor shall be responsible for
notifying each subcontractor of the wage rates set forth in this contract and any
revisions thereto. If the Department of Labor revises the wage rates, the revised
rate as provided by the public body shall apply to this contract and the Contractor
will not be allowed additional compensation because of said revisions.
Contractor will comply with the Illinois prevailing wage law, as amended from time to
time. No less than the prevailing rate of wages as found by Owner, or the Illinois
Department of Labor shall be paid to all laborers, workers and mechanics performing
work under the Contract. If the Department of Labor revises the prevailing rate of
wages to be paid laborers, workers or mechanics under the Contract, Owner will
notify Contractor and each Subcontractor of the change in the prevailing rate of
wages; provided, however, regardless of whether Owner gives such notice, the
revised prevailing rate of wages shall apply to the Contract and Contractor shall have
the sole responsibility and duty to pay, and ensure that all Subcontractors pay, the
revised prevailing rate of wages to each person to whom a revised rate is applicable.
Revision of the prevailing wages shall not result in an increase in the Contract sum
or other cost to Owner. Contractor shall indemnify, defend, and hold Owner harmless
from any loss, including but not limited to Owner's attorney’s fees, resulting from
Contractor's failure to comply with this prevailing wage clause. All bonds applicable
to the Contract shall include a provision as will guarantee the faithful performance of
the obligation to pay the prevailing rate of wages.
The Contractor and each subcontractor shall make and keep, for a period of not
less than 3 years, records of all laborers, mechanics, and other workers employed
by them on the project; the records shall include each worker's name, address,
telephone number when available, social security number, classification or
classifications, the hourly wages paid in each period, the number of hours worked
each day, and the starting and ending times of work each day. The Contractor
and each subcontractor shall submit monthly, in person, by mail, or electronically
a certified payroll to the public body in charge of the project. The certified payroll
shall consist of a complete copy of the records. The certified payroll shall be
accompanied by a statement signed by the co ntractor 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.
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Upon 2 business days' notice, the contractor and each subcontractor shall make
available for inspection the records to the public body in charge of the project, its
officers, and agents, and to the Director of Labor and his deputies and agents at
all reasonable hours at a location within this State. The Contractor and each
subcontractor shall permit his/her employees to be interviewed on the job, during
working hours, by compliance investigators of the Department or the Department
of Labor.
17. EXECUTION OF DOCUMENTS
The Contractor, in signing his Proposal and Contract on the whole or on any portion
of the work, shall conform to the following requirements:
Proposals signed by an individual other than the individual represented in the
Proposal documents shall have attached thereto a power of attorney evidencing
authority to sign the Proposal in the name of the person for whom it is signed.
Proposals which are signed for a partnership shall be signed by all of the partners or
by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the
Proposal a power of attorney evidencing authority to sign the proposal, executed by
the partners.
Proposals which are signed for a corporation, shall have the correct corporate name
thereof and the signature of the President or other authorized officer of the
corporation manually written below the corporate name.
If such Proposal is manually signed by an official other than the President of the
Corporation, a certified copy of a resolution of the board of directors evidencing the
authority of such official to sign the Proposal should be attached to it. Such Proposal
shall also bear the attesting signature of the Secretary of the corporation and the
impression of the corporate seal.
The Contract shall be deemed as have been awarded when formal notice of award
shall have been duly served upon the intended awardee.
18. COPIES OF DOCUMENTS
The number of copies of Contract and Bond required to be executed is as follows:
a) Two (2) original counterparts of the Contract documents will be required
to be executed.
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19. ASSIGNMENT
Neither the Village nor the Contractor shall assign or transfer any rights or
obligations under this Contract without the prior written consent of the other party,
which consent shall not be unreasonably withheld.
20. GOVERNING LAW
This Contract shall be governed by the laws of the State of Illinois as to
interpretation, performance and enforcement. The forum for resolving any
disputes concerning the parties’ respective performance or failure to perform under
this Contract shall be the Circuit Court for the Eighteenth Judicial Circuit, DuPage
County, Illinois.
21. INDEPENDENT CONTRACTOR:
There is no employee/employer relationship between the Contractor and the
Village. Contractor is an independent contractor and not the V illage’s employee
for all purposes, including, but not limited to, the application of the Fair Labors
Standards Act minimum wage and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
Worker’s Compensation Act (820 ILCS 305/1, et seq.). The VILLAGE will not (i)
provide any form of insurance coverage, inclu ding but not limited to health,
worker’s compensation, professional liability insurance, or other employee
benefits, or (ii) deduct any taxes or related items from the monies paid to
Contractor. The performance of the services described herein shall not be
construed as creating any joint employment relationship between the C ontractor
and the Village, and the Village is not and will not be liable for any obligations
incurred by the Contractor, including but not limited to unpaid minimum wages
and/or overtime premiums, nor does there exist an agency relationship or
partnership between the Village and the Contractor.
22. INSPECTION/TESTING/REJECTION:
The Village shall have the right to inspect all or any part of the Work and to reject
all or any part of the Work that is, in the Village’s judgment, defective or damaged
or that in any way fails to confirm strictly to the requirements of this proposal,
without limiting its other rights or remedies, may require correction or replacement
at Proposer’s cost, perform or have performed all Work necessary to complete or
correct all or any part of the Work that is defective, damaged, or nonconforming
and charge Proposer with any excess cost incurred thereby, or cancel all or any
part of any order or this proposal/contract. Work so rejected may be returned or
held at Proposer’s expense and risk.
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23. PERFORMANCE CLAUSE:
In the event the quality of service becomes unacceptable, the Village reserves the
right to cancel the contract after giving seven (7) days written notice.
24. LIQUIDATED DAMAGES:
It is also understood and agreed that if the Village determines the Contractor failed
to perform either by observing the established schedule or failing to perform to the
level of service established herein for more than two (2) consecutive working days,
the Village shall reserve the right to impose liquidated damages for said failure to
perform, but not as penalty. The Village will serve notice either personally or in writing
stating the reasons for imposing liquidated damages on the Contractor providing
twenty-four (24) hours’ notice to correct such items. If at the end of the twenty-four
(24) hour period the Contractor has not made the necessary corrections, the
Contractor shall pay liquidated damages to the Village in the amount of $100 per day.
This failure to perform shall include repeated incidents of any of the following: failure
to perform any of the items under the scope of services, failure to respond to or
resolve Village complaints, failure to adhere to any and all terms and conditions
specified in the contract documents. The Village reserves the right to attempt to work
through these items prior to imposing liquidated damages.
25. FORCE MAJEURE
A force majeure occurrence is an event or effect that cannot be reasonably
anticipated or controlled and is not due to the negligence or willful misconduct of
the affected party.
Unless otherwise agreed in the Contract between the parties expressly or
impliedly, where a party to a Contract fails to perform one or more of its
contractual duties, the consequences set out in this clause will follow if and to
the extent that the party proves: (a) that its failure to perform was caused by an
impediment beyond its reasonable control; (b) that it could not reasonably have
been expected to have taken the occurrence of the impediment into account at
the time of the signing of the contract; a nd (c) that it could not reasonably have
avoided or overcome the effects of the impediment.
A party invoking this clause shall be presumed to have established the
conditions described in the preceding paragraph in the case of the occurrence
including, but not limited to, one or more of the following impediments or other
similar causes beyond the control of the Contractor or the Village in the
performance of the Contract where non-performance, by exercise of reasonable
diligence, cannot be prevented:
• acts of God or natural disaster such as but not limited to violent storm,
cyclone, typhoon, hurricane, tornado, blizzard, earthquake, volcanic activity,
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landslide, tidal wave, tsunami, flood, damage or destruction by lightning,
drought;
• acts of war (whether declared or not), armed conflict or the serious threat of
the same (including but not limited to hostile attack, blockade, military embargo),
hostilities, invasion, act of a foreign enemy, extensive military mobilization;
• civil war, riot, rebellion, revolution, military or usurped power, insurrection,
civil commotion or disorder, mob violence, act of civil disobedience;
• acts of public enemies , acts of terrorism, sabotage or piracy;
• plague, epidemic, pandemic, outbreaks of infectious disease or any
other public health crisis, including quarantine or other employee
restrictions;
• act of authority whether lawful or unlawful, compliance with any law or
governmental order, rule, regulation or direction, curfew restriction,
expropriation, compulsory acquisition, seizure of works, requisition,
nationalization;
• explosion, fire, destruction of machines, equipment, factories and of any kind
of installation, prolonged break down of transport, telecommunication or electric
current;
• general labor disturbance such as but not limited to boycott, strike and lock -
out, go-slow, occupation of factories and premises;
• shortage or inability to obtain critical material or supplies to the extent not
subject to the reasonable control of the subject Party.
The affected party shall provide the other party with written notice of any force
majeure occurrence as soon as the delay is known and provide the other party
with a written contingency plan to address the force majeure occurrence.
Furthermore, the affected party shall use its commercially reasonable efforts to
resume proper performance within an appropriate period of time. Notwithstanding
the foregoing, if the force majeure condition continues beyond 30 days, the parties
to the Contract shall jointly decide on an appropriate course of action that will
permit fulfillment of the parties’ objectives under the contract.
Contractor shall not be entitled to an adjustment in Contract price or other non-
price related items caused by or within the control of Contractor. Delay, disruption,
and interference attributable to and within the control of a subcontractor or supplier
shall be deemed to be within the control of Contractor.
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Section D Specifications
1. INTRODUCTION AND BACKGROUND
The Village of Oak Brook is seeking proposals for the upgrade of the heating
system in the Public Works Building Garage. This project aims to enhance
energy efficiency and ensure reliable heating for the facility while addressing
potential safety and health concerns with our current system. We invite qualified
contractors to submit proposals for the supply, installation, and commissioning of
multiple Detroit Radiant Re-Verber-Ray Radiant Heaters, and the removal and
disposal of the existing heating equipment in the Public Works Building Garage.
2. SCOPE OF WORK:
Supply, delivery and installation of HL-3 Detroit Radiant Re-Verber-Ray Radiant
Heaters and Controls at the Public Works Building Garage. The installation must
include mounting, wiring, gas and exhaust piping, and testing of heaters. The
radiant heaters must be appropriately sized to ensure effective heating throughout
the facility. The contractor is responsible for calculating the required heating
capacity based on the facility's dimensions, insulation, and usage patterns to
achieve optimal performance and comfort.
The contractor must determine and install the appropriate quantity and length of
radiant heaters to ensure even and efficient heat distribution. The length of each
heater should be chosen to maximize coverage and efficiency, considering the
facility's layout and potential obstructions. This determination should be based on
the calculated heating requirements and specific characteristics of different areas
within the facility. The contractor should provide a detailed plan indicating the
number of heaters, their placement, and their lengths to cover all critical zones
within the facility. This plan must be approved by the facility management prior to
installation.
It is essential that the installation complies with applicable codes, standards, and
manufacturer specifications. All exterior penetrations must be sealed and
watertight.
3. REMOVAL OF EXISTING HEATERS AND EQUIPMENT
Remove and dispose of the existing heaters, piping and controls. This includes
disconnecting power, dismantling, and disposing of old heaters in an
environmentally responsible manner. Any necessary modifications or repairs to the
existing infrastructure required for the new heaters installation will also be the
responsibility of the contractor.
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4. TESTING AND COMMISSIONING
Conduct thorough testing and commissioning of the new heaters after installation
to verify functionality, efficiency, and safety. Contractor is responsible for testing
the heating system to verify that it meets the specified performance criteria and
provides consistent heating throughout the facility. Contractor must p rovide
operational instructions and training to designated personnel.
Any adjustments needed to achieve optimal performance should be carried out
promptly and documented.
5. SITE PREPERATION AND CLEANUP
Prepare the work area prior to installation and ensure that it is protected. After the
installation, clean up the site by removing all debris, packaging materials, and
equipment, leaving the site in a clean and orderly condition.
6. MANUFACTURERS WARRANTY
The contractor shall provide the manufacturer’s warranty for all supplied radiant
heaters. This warranty covers defects in materials and workmanship and is valid
for the period specified by the manufacturers. The contractor will assist the Village
of Oak Brook in processing any claims under the manufacturer’s warranty.
7. INSTALLATION WARRANTY
In addition to the manufacturer’s warranty, the contractor shall provide a two-year
warranty on the installation workmanship. This warranty covers any defects or
issues resulting from the installation process and includes repairs or corrections
necessary to ensure the proper operation of the radiant heaters. The installation
warranty commences from the date of project completion and will address any
problems directly related to the installation, excluding those caused by misuse or
external factors.
8. Eligibility Criteria
Prospective Proposers must have proven experience in installing radiant heating
systems, relevant certifications and licenses, and the ability to provide references
from previous similar projects.
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Section E General Conditions
1. Contractor shall have five (5) years of experience which is comparable in type and
scope to this project.
2. All work shall be done during the working hours as specified by the Public Works
Director. Any change in the work schedule must have prior written approval from the
Village of Oak Brook.
3. The project will be done on consecutive workdays until completed, delays only to
inclement weather or act of God.
4. Contractor is required to obtain all necessary permits from the Village of Oak Brook,
and schedule required inspections through Community Development.
5. The contractor shall supply the Village phone numbers where he/she can be reached
after normal working hours.
6. The contractor shall post a Village of Oak Brook supplied sign -in a prominent and
readily visible location- that provides 24-hour contact information.
7. The contractor must submit with the proposal five (5) references, names and phone
numbers of similar projects completed within the last two (2) years.
8. The contractor must submit all manufacturers’ literature on all materials that will be
used on this project, including M.S.D.S. (Material Safety Data Sheets) prior to any
work beginning.
9. A storage location for supplies, ladders and scaffolding shall be mutually agreed upon
between the Village and the contractor before any material is stored on site. Deliver
material with manufacturers labels intact and legible, store material on raised
platforms and cover material with protective covering.
10. Before work is started, deliver to the job site sufficient material to complete the project .
11. If a dumpster is required, the location of the dumpster placement shall be mutually
agreed upon between the Village and the contractor.
12. All ladders and scaffolding shall be maintained during the course of this project and
shall be secured at the end of each workday.
13. Provide barricades to ensure that falling debris will not injure anyone, and to prevent
public access to the work area at all times. Yellow “CAUTION” tape will be placed
below the immediate work areas of laborers and scaffolds to warn the public of men
working overhead.
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14. At all times the work and storage areas shall be kept in a clean, orderly, and picked -
up manner, to prevent debris from blowing. Clean adjoining streets and immediate
vicinity at the end of each workday. Sidewalks, windowsills, roofs, and other work
areas will be broom swept to remove all debris. Daily material and debris not placed
into dumpster will be removed from the site.
15. Upon completion of the project the work area shall be cleaned. All debris and
remaining material and supplies shall be removed from the jobsite, including the
dumpster, within 72 hours of completion.
16. Upon completion the Contractor shall supply a two-year warranty covering material
and workmanship; contractor shall submit sample warranty with proposal.
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Section F Statement of Proposer’s Qualifications
All questions must be answered, and the data given must be clear and comprehensive. This
statement must be notarized. If necessary, questions may be answered on separate
attached sheets. The Proposer may submit any additional information he or she desires.
1. Name of Proposer:
2. Permanent main office address:
3. When organized:
4. If a corporation, where incorporated:
5. How many years have you been engaged in the contracting business under your
present firm or trade name:
6. Contracts on hand: (Schedule these, showing amount of each contract and the
appropriate anticipated dates of completion)
7. General character of work performed by your company:
8. Have you ever defaulted on a contract:
9. List, on an attached sheet, the more important projects recently completed by your
company, stating the approximate cost for each, and the month and year completed.
Include a contact person and phone # for each.
10. List your major equipment available for this contract:
11. Experience in work similar in importance to this project:
12. Background and experience of the principal members of your organization, including
the officers.
13. Credit available:
14. Bank reference:
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15. Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the Village of Oak Brook:
16. The undersigned hereby authorizes and requests any person, firm, or corporation to
furnish any information requested by the Village of Oak Brook in verification of the
recitals comprising this Statement of Proposer’s Qualifications.
DATED at _____________, Illinois this ____ day of _________________, 2024.
By:
Title
STATE OF ILLINOIS )
) SS.
COUNTY OF )
___________________________ being duly sworn deposes and says that he is the
___________ of ____________________________ and that the answers to the foregoing
questions and all statements therein contained are true and correct.
SUBSCRIBED and sworn to before me this _____ day of _____________________, 2024.
Notary Public
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Section G References
Proposer shall supply the following information listing customers for which the Proposer
has supplied a similar type of commodities, service, or construction.
1. Company Name:
Address:
Phone #:
Contact:
2. Company Name:
Address:
Phone #:
Contact:
3. Company Name:
Address:
Phone #:
Contact:
4. Company Name:
Address:
Phone #:
Contact:
5. Company Name:
Address:
Phone #:
Contact:
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Section H Proposal Certification
(To Be Filled, Signed, and Submitted as a part of Proposal Package)
The undersigned, being first duly sworn an oath, deposes and states that he has the
authority to make this certification on behalf of the Proposer for the construction, product,
commodity, or service briefly described as follows:
“Public Works Garage Radiant Heaters Purchase and
Installation Project”
(A) The undersigned certifies that, pursuant to Chapter 720, Section 5/33E of the Illinois
Compiled Statutes, 1993, the Proposer is not barred from submitting a proposal on
this contract as a result of a conviction for the violation of State of Illinois laws
prohibiting bid-rigging or bid-rotating.
(B) The undersigned states under oath that, pursuant to Chapter 65, Section 5/11-42.1-
1 of the Illinois Compiled Statutes, 1993, the Proposer is not delinquent in the
payment of any tax administered by the Illinois Department of Revenue.
(C) The undersigned certifies that, pursuant to Chapter 775, Section 5/2-105. of the
Illinois Compiled Statutes, 1993, the Proposer has a written sexual harassment policy
in place including the following information:
1. An acknowledgment of the illegality of sexual harassment.
2. The definition of sexual harassment under State law.
3. A description of sexual harassment, utilizing examples.
4. The contractor’s internal complaint process including penalties.
5. The legal recourse, investigative and complaint process available
through the Illinois Department of Human Rights and the Human
Rights Commission.
6. Directions on how to contact the Department or the Commission.
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This business firm is: (check one)
_____ Corporation _____ Partnership _____ Individual
Firm Name:
Address:
City, State, ZIP:
Signature:
Name Printed:
Title:
Telephone: Date:
ATTEST:
___________________________
-SEAL-
SUBSCRIBED AND SWORN TO
before me this ______ day
of _____________, 2024.
_____________________________
Notary Public
-1-
Section I Contract
(To Be Filled, Signed, and Submitted as a part of Proposal Package)
Public Works Garage Radiant Heaters Purchase and Installation
Project
1. THIS CONTRACT, made and concluded this _____ day of ________, 2024,
between the Village of Oak Brook, a municipal corporation, acting by and through its
President and Board of Trustees, known as VILLAGE, and ________________
his executors, administrators, successors or assigns, known as CONTRACTOR.
2. WITNESSETH: That for and in consideration of the payments and Contracts
mentioned in the Proposal hereto attached, to be made and performed by the
VILLAGE, and according to the terms expressed in the Bond (if applicable) referring
to these presents, the CONTRACTOR agrees, at their own proper cost and expense,
to do all work, furnish all materials and all labor necessary to complete the work in
accordance with the plans and specifications hereinafter described, and in full
compliance with all of the terms of this Contract.
3. PERIOD OF CONTRACT: This Contract will be in full force for the current calendar
year, beginning on the date of the Contract. This Contract is subject to the right of
the VILLAGE to cancel and terminate the same at any time, with or without cause,
by giving not less than ten (10) day notice to the CONTRACTOR. In the event of
such cancellation, the CONTRACTOR shall be entitled to receive payment for
services and work performed and materials and equipment furnished under the terms
of the Contract prior to the effective date of such cancellation, but shall not be entitled
to receive any damages on account of such cancellation or any further payment
whatsoever.
4. And it is also understood and agreed that the entire Proposal Package hereto
attached, approved by the VILLAGE this _____ day of ________, 2024, are all
essential documents of this contract and are a part hereof.
5. IN WITNESS WHEREOF, the said parties have executed these presents on the
above mentioned date.
-2-
ATTEST: VILLAGE OF OAK BROOK
____________________________ By____________________________
Village Clerk Village Manager
ATTEST: CORPORATE NAME:
_____________________________
___________________________ By_____________________________
Secretary Contractor
Partners doing Business under (If a Co-Partnership)
the firm name of _____________________________
_____________________________
_____________________________
________________________________
Party of the Second Part (If an Individual)
_____________________________
Party of the Second Part
-3-
SEXUAL HARASSMENT CERTIFICATE
(To Be Filled, Signed, and Submitted as a part of Proposal Package)
hereinafter referred to as “Contractor”
having submitted a proposal/proposal for to the Village of
Oak Brook, DuPage/Cook Counties, Illinois, hereby certifies that said Contractor has a
written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105(A)(4)
including the following information:
1. An acknowledgment of the illegality of sexual harassment.
2. The definition of sexual harassment under State law.
3. A description of sexual harassment, utilizing examples.
4. The contractor’s internal complaint process including penalties.
5. The legal recourse, investigative and complaint process available through the Illinois
Department of Human Rights and the Human Rights Commission.
6. Directions on how to contact the Department or the Commission.
7. An acknowledgment of protection of a complaint against retaliation as provided in
Section 6-101 of the Human Rights Act.
Each contractor must provide a copy of such written policy to the Illinois Department of
Human Rights upon request.
By:
Authorized Agent of Contractor
Subscribed and sworn to
before me this _____ day
of ____________, 2024.
___________________________________
Notary Public
-4-
CONTRACTOR'S CERTIFICATIONS
(To Be Filled, Signed, and Submitted as a part of Proposal Package)
(CONTRACT EXECUTION)
______________________, having executed a contract for ____________________with
the VILLAGE, hereby certifies that said contractor is not barred from executing said contract
as a result of a violation of either Section 5/33E-3 or 5/33E-4 of Chapter 720 of the Illinois
Compiled Statutes.
(DRUG-FREE WORKPLACE)
Contractor deposes, states and certifies it will provide a drug free workplace by complying
with Section 3 of the Illinois Drug Free Workplace Act, being 30 ILCS 580/3.
Attest/Witness: Contractor
By: _____________________ By: ____________________________
Name of Contractor’s Executing
Officer
Title: _____________________ Title: ___________________________
Title of Contractor’s Executing
Officer
Subscribed and Sworn to
before me this ______ day
of ______________, 2024.
___________________________ My Commission Expires: __________
Notary Public
-SEAL-
-5-
PREVAILING WAGE AFFIDAVIT
(To Be Filled, Signed, and Submitted as a part of Proposal Package)
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
-6-
CERTIFICATION OF PAYROLL RECORDS
(To Be Filled, Signed, and Submitted as a part of Proposal Package)
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 ______________________________
-7-
Section J Performance and Payment Bonds
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, 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 Contract dated [DATE
OF CONTRACT AGREEMENT], with Owner entitled “Contract Agreement Between
Village of Oak Brook and [CONTRACTOR’S NAME] for the “Construction of Public
Works Radiant Heaters Purchase and Installation Project” (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 Contracts of said otherwise, 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 Public Works Building
Radiant Heaters Purchase and Installation Project, 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,”
-8-
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, modific ations,
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.
-9-
Signed and sealed this ___ day of ______, 2024.
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: __________________________
-1-
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 Contract dated [DATE
OF CONTRACT AGREEMENT], with Owner entitled “Contract Agreement Between
Village of Oak Brook and [CONTRACTOR’S NAME] for the “Public Works Building
Radiant Heaters Purchase and Installation Project” (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
Public Works Building Radiant Heaters Purchase and Installation Project 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 contemplated, then this obligation shall be null and void; otherwise it
shall remain in full force and effect.
-2-
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, modificati ons, 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.
Signed and sealed this ___ day of ______, 2024.
-3-
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: __________________________
State of Illinois )
) SS.
County of ________ )
I, __________________, a Notary Public in and for said county, do hereby certify
that _________________________________________ (names of individuals signing on
behalf of Principal and Surety) who are each personally known to me to be the same
persons whose names are subscribed to the foregoing instrument on behalf of PRINCIPAL
and SURETY, appeared before me this day in person and acknowledged respectively, that
they signed and delivered said instrument as their free and voluntary act for the uses and
purposes therein set forth.
Given under my hand and notarial seal this ____ day of ____________, 2024.
__________________________________
Notary Public
My commission expires:
_____________________