GolfParkingLotLightsImprovementBid Opening Date:
Bid Opening Time:
Bid Opening Location:
Bid Deposit:
Village of Oak Brook
Oak Brook Golf Club
Parking Lot Lighting lmprovements
.December 2,2021
‥………………………………………・10:00 AMB#ffJffi:.T.ffH;
Obtain information from:
Orion Galey, P.E.
Christopher B. Burke Engineering, Ltd.
9575 West Higgins Road, Suite 600
Rosemont, Illinois 6001 8
(847) 823-0s00
Submit Bids to:
Rania Serences, Senior Purchasing Assistant
Butler Govemment 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.
●
Performance and Labor and Materials Bonds: ....100yo of the Amount of Bid
Viliage of Oak Brook
Oak Brookく 3oif Club Parking Lot Lighting lmprovements
(CBBEL Praect No 160597 00040)
VILLAGE OF OAK BR00K
CONTRACT FOR THE CONSTRUCTION
OF OAK BR00K GOLF CLUB
PARKING LOT LIGHTING IMPROVEMENTS
BID PACKAGE
l. Invitation for Bidder's Proposals
2. General Instructions to Bidders
3. Bidder's Proposal
4. Bidder's Sworn Acknowledgement
5. Bidder's Sworn Work History Statement
6. Notice of Award
7. Contract
Contractor's Certifi cation
Attachment A: Supplemental Schedule of Contract Terms
Attachment B: Specif,rcations and Special Provisions
Appendix 1: Prevailing Wage Ordinance
Appendix 2: Bonds
Vi!lage of Oak Brook
Oak Brook(3o!fC!ub Parking Lot Lighting lmprovements
(CBBEL Prolect No 160597 00040)
VILLAGE OF OAK BR00K
CONTRACT FOR THE CONSTRUCTION
OF OAK BR00K GOLF CLUB
PARKING LOT LIGHTING IMIPROVEMENTS
BID PACKAGE
OWNER:
INVITATION FOR BIDDER'S PROPOSALS
Village of Oak Brook
1200 0ak Brook Road
Oak Brook,IL 60523‐2255
Invitation to Bid
Owner invites sealed Bidder's Proposals for the Work described in detail in the Contract
and generally described as follows:
Installation of light standards at the Oak Brook Golf Club parking lot located just south of
the Club House. The proposed lighting work will consist of installing conduit, electrical
cable, Iight pole foundations, handhole, standard Village lighting units, and all applicable
restoration. Proposed lighting will be connected to an existing lighting panelboard located
within the Club House.
The Bid Packaee
The Bid Package 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:
2.
A.
B.
C.
D.
E.
F.
G.
Invitation for Bidder's Proposals;
General lnstructions to Bidders;
Addenda, if any are issued during the bidding process;
Bidder's Proposal;
Bidder's Sworn Acknowledgement;
Bidder's Sworn Work History Statement;
Other information submitted by Bidder, if requested during the bidding process;
Page 1 INVITAT10N FOR BIDDER'S PROPOSALS
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
Notice of Award; and
Contract, including all of its attachments and appendices, if any.
4. Inspection and Examination
AVAILABILITY OF CONTRACT DOCUMENTS: 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# 8076887
for a non-refundable charge of $30.00. 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 on the Bidder's Planholder List will be rejected. Bidders must note:
Each prospective Bidder shall, before submitting its Bidder's Proposal, carefully examine
the Bid Package. 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
Bid Package and the conditions of the Work Site and the surrounding area.
The Contract specifications may include the Illinois Department of Transportation's
General Conditions of the Contract, "State of Illinois Standard Specifications for Road and Bridge
Construction" (SSRB); "Standard Specifications for Water and Sewer Main Construction in
Illinois" (SSWS); "Illinois Manual on Uniform Traffic Control Devices for Streets and Highways"
(MUTCD). The specifications also may include Owners' Village Code and Building Code.
References to any of these manuals, codes, and specifications means the latest editions effective
on the date of the bid opening.
Pre―Bid Meeting
NONE
6. Bid Openine
Owner will receive sealed Bidder's Proposals for the Work until l0:00, a.ffi., local time,
December 2, 2021, at the Office of the Village Clerk, by Rania Serences, Senior Purchasing
Assistant, Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, lL 60523, at which time, or
as soon thereafter as possible, all Bidder's Proposals will be publicly opened and read aloud in the
Samuel E. Dean Board Room, in the Butler Govemment Center, 1200 Oak Brook Road, Oak
Brook, Illinois 60523. Bidders or their agents are invited to be present.
H.
5。
Page 2 lNVI丁 A丁 !ON FOR BIDDER'S PROPOSALS
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(CBBEL Project No. 160597.00040)
7. Bid Securitv. Bonds and Insurance
A. Bid Securitv. Each Bidder's Proposal shall be accompanied by a security deposit
of at least 5 percent ofthe Bidder's Price Proposal in the form of (l) 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 a form satisfactory to Owner 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 lnsurance Guide.
B. Performance and Payment Bonds. The successful Bidder will be required to furnish
a Performance Bond and a Labor and Material Payment Bond on award of the Contract, each in
the penal sum of the full amount of the Contract Price, on forms provided by, or otherwise
acceptable to, Owner, 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 on forms provided by, or otherwise acceptable to, Owner, on award of the Contract
to Bidder.
C. lnsurance. The successful Bidder will be required to furnish certificates of
insurance as required by Section 4.2 of the Contract on 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 on award of the Contract to Bidder.
Page 3 INVITAT10N FOR BIDDER'S PROPOSALS
Section
Village of Oak Brook
Oak Brook(3olf Club Parking Lot Lighting lmprovements
(CBBEL Praect No_160597.00040)
VILLAGE OF OAK BR00K
CONTRACT FOR THE CONSTRUCT10N OF
OAK BR00K GOLF CLUB
PARKING LOT LIGHTING IMPROVEMENTS
BID PACKAGE
TABLE OF CONTENTS
Page
Interpretation of Documents Included in Bid Package ......... 1
Calculation of Unit Price Proposals............ .......2
Prevailing Wages .........2
Taxes and 8enefits................. .........3
Permits and Licenses................. ......................... 3
Preparation of Bidder's Proposal ....................... 3
Signature Requirements............... ...................... 4
Bid Security ................. 5
Submission of Bidder's Proposal.... ................... 5
Withdrawal of Bidder's Proposal.... ...................6
Qualification of Bidders................. ....................6
Disqualification of Bidders............. ...................7
Award of Contract ........7
Notice of Award; Effective Date of Award............. ............. 8
Finalization of Contract .................. 8
Failure to Finalize ........9
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Vi!lage of Oak Brook
Oak Brookく 3olf Club Parking Lot Lighting:mprovements
(CBBEL Prolect No 160597 00040)
VILLAGE OF OAK BR00K
CONTRACT FOR THE CONSTRUCTION OF
OAK BR00K GOLF CLUB
PARKING LOT LIGHTING IMIPROVEMENTS
BID PACKAGE
GENERAL INSTRUCTIONS TO BIDDERS
1. Interpretation of Documents Included in Bid Package
A. Defined Terms. All terms capitalized in these General Instructions to Bidders and
in the other documents included in the Bid Package are defined in the documents included in the
Bid Package and shall have such defined meanings wherever used.
B. Implied Terms. If any personnel, 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 personnel, equipment, materials, or
supplies to be implied and shall provide for such personnel, equipment, materials, or supplies in
its Bidder's Proposal as fully as if it were particularly described.
C. Information Provided by Owner. When information pertaining to subsurface,
underground or other concealed conditions, soils analysis, borings, test pits, utility locations or
conditions, buried structures, condition of existing structures, and other preliminary investigations
is distributed with the Bid Package, or such information is otherwise made available to any
prospective Bidder by Owner, such information is distributed or made available solely for the
convenience of such prospective Bidder and is not part of the Bid Package. Owner assumes no
responsibility whatever 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.
D. Addenda. No interpretation of the documents included within the Bid Package will
be made except by written addendum duly issued by Owner ("Addendum"). No interpretation not
contained in an Addendum shall be valid or have any force or effect whatever, nor entitle any
Bidder to assert any claim or demand against Owner on account thereof.
All Addenda issued prior to the opening of Bidder's Proposals shall become a part of the Bid
Package. Each prospective Bidder shall be responsible for inquiring from time to time as to the
availability of Addenda.
Page 1 GENERALINSTRUCT10NS TO B!DDERS
oak Brook Golr crub parkins L"t L#ilff:;i:"?:::Xil
(CBBEL Project No. 160597.00040)
If any prospective Bidder is in doubt as to the true meaning of any part of the Bid Package, such
prospective Bidder shall submit to Owner a written request for an interpretation thereof as far in
advance of the scheduled opening of Bidder's Proposals as possible.
Owner 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.
2. Calculation of Unit Price Proposals
On all items for which Bidder's Proposals are to be received on a unit price basis, the
approximate quantities stated in the Schedule of Prices are Owner's estimate only for Owner's
convenience in comparing Bidder's Proposals and shall not be relied on by Prospective Bidders.
Each prospective Bidder shall, before submitting its Bidder's Proposal, make its own estimate of
the quantities of Unit Price Items required to complete the Work.
3.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 on account of said revisions. The Contractor shall be responsible to notify
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,
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
faithfulperformance 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
Page 2 GENERALiNSTRUC丁 10NS TO B:DDERS
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(CBBEL Project No. 160597.00040)
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, or to the public body if the Department of Labor has
yet to activate 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 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.
4. 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.
Bidder's Price Proposal shall include all other applicable federal, state, and local taxes of
every kind or 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.
5. Permits and Licenses
Except as otherwise expressly provided in Attachment A to the Contract, 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.
6. 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 fumished by Owner and included in the Bid Package.
Page 3 GENERALINSTRUCT10NS丁 O BIDDERS
oak Brook Gotf ctub parking rr, r,Jffi3:;i:rffi:Xil
(CBBEL Project No. 160597.00040)
The Village requests that proposals are written legibly in ink. In case of any conflict
between words and numbers, 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.
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 may be rejected or interpreted so as to be most favorable to
Owner.
Each Bidder shall securely staple into its Bidder's Proposal a copy of each Addendum
issued and shall include in the place provided therefor in the Bidder's Proposal form a listing of
all such Addenda.
Each Bidder shall complete and securely staple into its Bidder's Proposal the Bidder's
Sworn Acknowledgement and the Bidder's Sworn Work History Statement included in the Bid
Package, and shall staple into its Bidder's Proposal the Bid Security and the surety and insurance
commitment letters as specified in the Invitation for Bidder's Proposals.
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 7 of these General Instructions to Bidders are satisfied. However, any
Bidder's Proposal that fails to comply with Section 7 of these General Instructions to Bidders may
nevertheless be rejected.
Bidder's Proposals that are not submitted on the Bidder's Proposal form furnished by
Owner or that are not prepared in accordance with these General Instructions to Bidders may 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 on satisfactory compliance with these General
lnstructions to Bidders.
7. SignatureRequirements
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.
Partnerships. Each Bidder's Proposal submitted by a partnership shall be
signed by all of its general partners or by an attorney-in-fact.
Page 4 GENERALINSTRUCT10NS TO BIDDERS
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(CBBEL Project No. 160597.00040)
(3) Individuals. Each Bidder's Proposal submitted by an individual shall be
signed by such individual or by an attorney-in-fact.
(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.
When requested by Owner, satisfactory evidence of the authority of the person or persons signing
on behalf of Bidder shall be furnished.
B. Other Documents. The signature requirements set forth in Subsection 7A 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, the Contractor's
Certification, and all other required documentation related to the Contract.
8.Bid Security
A. Required Bid Security. Every Bidder's Proposal shall be accompanied by 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 Securiry"), which Bid Security shall stand as a guaranty
that (1) 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, the Contractor's Certification, and all other required documentation related to the
Contract.
B. Return of Bid Securitv. Bid Security submitted in the form of Cashier's Checks or
Certified Checks will be returned within five days after execution of the Contract by Owner. Bid
Bonds will not be returned unless otherwise requested by Bidder.
C. Liquidated Damages. If a 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, 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 five 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.
9. Submission of Bidder's Proposal
Page 5 GENERALINSttRUCT10NS TO BIDDERS
10。
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(CBBEL Project No. 160597.00040)
One copy of each Bidder's Proposal, properly signed, together with all other required
documents, shall be enclosed in a sealed 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.
All Bidder's Proposals received after the time for the opening of bids specified in the Invitation
for Bidder's Proposals will be returned unopened.
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 Addenda will
be considered part of each Bidder's Proposal whether attached or not.
Withdrawal of Bidder's Proposal
Any Bidder's Proposal may be withdrawn atany 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 7 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
60 days after the opening of any Bidder's Proposal. Any Bidder's Proposal may be withdrawn at
any time following the expiration of said 60 day period, provided that a request in writing, executed
by Bidder in the manner specified in Section 7 of these General Instructions to Bidders, for the
withdrawal of such Bidder's Proposal is filed with Owner after said 60 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.
11. 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. Additional Information. Owner reserves the right to require from any Bidder, prior
to award of the Contract, a detailed statement regarding the business and technical organizations
and plant of Bidder that is available for the Work. Information pertaining to financial resources,
experience of personnel, contract defaults, litigation history, and pending construction projects
may also be requested.
C. Final Determination. The final selection of the successful Bidder 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, any additional
information submitted by Bidders to satisfu Owner that Bidders are adequately prepared to fulfill
Page 6 GENERALiNSttRUC丁 !ONS TO BIDDERS
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
the Contract, and all other relevant facts or matters mentioned in the Bid Package or that Owner
may legally consider in making its determination.
12.Disqualifi cation 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 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 orjoint venture is interested. Nothing contained
in this Subsection 12A 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 Owner, its Bidder's Proposal will not be considered.
13. Award of Contract
A. Reservation of Rights. The Owner reserves the right to award the contract to the
lowest responsible Bidder for the BASE BID or for the BASE BID plus any combination of the
ALTERNATE BIDS, based upon the Owner's best financial interest. Each Bidder must submit
bids for the BASE BID and all ALTERNATES to be eligible for the award of the contract. Failure
to do so will result in rejection of the Contractor's bid.
The Owner reserves the right to delete or amend quantities of any portion of the project if it is in
the best interest of the Owner to do so, including that of financial budgeting. Any portion deleted
or amended from the contract shall have no bearing on the remaining work under the terms of this
Contract or unit prices.
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 inegularities 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 on, or anticipate, such waivers in submitting their Bidder's Proposals.
Page 7 GENERAL:NSTRUCT10NS TO BIDDERS
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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 rejects such Bidder's Proposal.
C. Time of Award. It is expected that the award of the Contract, if it is awarded, will
be made within 45 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 45 day period, Owner may
accept any Bidder's Proposal for which the date for acceptance has been extended as provided in
Section l0 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.
14.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 the Bid Package has been delivered to the successful Bidder ("Effective
Date of Award"). Owner will prepare two copies of the Contract based on Bidder's Proposal and
will submit them to the successful Bidder with the Notice of Award.
15. Finalization of Contract
A. Finalization Date. Unless otherwise stated in the Notice of Award, the successful
Bidder shall satisfactorily complete all conditions precedent to signing the Contract before the 1Oth
day after the Effective Date of Award or within such extended period as Owner may, in the exercise
of its sole discretion, authorize in writing after issuance of the Notice of Award ("Finolization
Date").
B. Conditions Precedent to Finalization. On or before the Finalization Date, the
successful Bidder shall: (l) sign (see Section 7), date as of the Finalization Date, and submit to
Owner both copies of the Contract, the Contractor's Certification, and all other required
documentation related to the Contract on or before the Finalization Date; and (2) submit two
executed copies of all required Bonds dated as of the Finalization Date and all certificates of
insurance.
Failure to timely execute or submit any of the aforesaid documents shall be grounds for the
imposition of liquidated damages as more specifically set forth in Section 8 above. Ifthe submitted
documents or any of them fail to comply with these General Instructions to Bidders or the Contract
or are not timely executed and submitted, Owner may, in its sole discretion, annul the award or
allow the successful Bidder an opportunity to correct the deficiencies.
Page 8 GENERALiNSttRUCT10NS TO B!DDERS
oak Brook Gorrcrub parkins 1", LisYlff:;i:"ffi:Xil
(CBBEL Project No. 160597.00040)
In no event will Owner execute the Contract until any and all such deficiencies have been cured
or Owner has received adequate assurances, as determined by Owner, of complete and prompt
performance.
C. Finalization. On the Finalization Date, and provided that all documents required to
be submitted prior to or on the Finalization Date have been reviewed and determined by Owner to
be in compliance with these General Instructions to Bidders and the Contract, or assurances of
complete and prompt performance satisfactory to Owner have been received, Owner shall execute
all copies of the Contract and tender one copy to the successful Bidder at the Finalization. The
successful Bidder shall tender a copy to its Surety Company or companies.
16.Failure to Finalize
A. Annulment of Award: Liquidated Damages. The failure or refusal of a successful
Bidder to comply with the conditions precedent to finalization or to properly finalize and execute
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 8
above.
B. Subsequent Awards. On 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.
Page 9 GENERALINSTRUC丁 10NS丁 O BIDDERS
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Proect No 160597 00040)
VILLAGE OF OAK BR00K
OAK BR00K GOLF CLUB
PARKING LOT LIGHTING IMPROVEMENTS
BID PACKAGE
Full Name ofBidder
BIDDER'S PROPOSAL
Utility Dynamics Corporation ("Bidder")
Principal Office Address
Local Office Address
23 Commerce Drive, Oswego, lL 60543
23 Commerce Drive, Oswego, !L 60543
Conract person Joseph B. Spencer Telephone (630)554-1722
TO: Village of Oak Brook ("Owner")
Attention: Village Clerk
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 set of documents, including Addenda Nos._, which are securely
stapled to the end of this Bidder's Proposal [if none, write "NONE"] ("Bid Package").
Bidder acknowledges and agrees that all terms capitalized in this Bidder's Proposal shall have the
meaning given to them in the documents included in the Bid Package.
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 included in the Bid
Package: (l) to provide, perform and complete all of the street improvements at the site or sites
described in the Bid Package ("Work Site") and in the manner described and specified in the 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 street improvements; (2) to procure and furnish all permits, licenses and
other govemmental approvals and authorizations necessary in connection therewith except as
otherwise expressly provided in Attachment A to the Contract included in the Bid Package; (3) to
procure and furnish all Bonds and all certificates and policies of insurance specified in the Bid
Package; (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 or pursuant to,
the Contract; all of which is herein referred to as the "'Work."
Page 10 BIDDER'S PROPOSAL
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
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 the
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 the Bid
Package.
2. Contract Price Proposal
If this Bidder's Proposal is accepted, Bidder will, except as otherwise provided in
Section 2.1 of the Contract, take in full payment for all Work and other matters set forth under
Section I above, including overhead and profit; taxes, contributions, and premiums; and
compensation to all subcontractors and suppliers, 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:
SCHEDULE OF PRICES
A.UNIT PRICE CONTRACT
l. For providing, performing, and completing all Work, the sum of the
products resulting from multiplying the number of acceptable units of
Unit Price Items listed in the attached Schedule of Prices incorporated
in the Work by the Unit Price set forth in the attached Schedule of Prices
for such Unit Price Item.
BASIS FOR DETERMINING PRICES
It is expressly understood and agreed that:
l.The approximate quantities set forth in this Schedule of Prices for each
Unit Price Item are Owner'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;
Owner is not subject to state or local sales, use and excise taxes and no
such taxes are included in this Schedule of Prices;
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,
B.
3.
Page '11 BIDDER'S PROPOSAL
oak Brook Gorrctub parkins L"t LisYlnS:;i:"?:fi:TI
(CBBEL Project No. 160597.00040)
pensions, annuities, or other similar benefits are included in this Schedule
ofPrices; and
4. 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 the payment of any such tax,
contribution, or premium or any such cost, royalty or fee is hereby waived and released.
3. Contract Time Proposal
If this Bidder's Proposal is accepted, Bidder will commence the Work not later than the
"Commencement Date" set forth in Attachment A to the Contract and will perform the Work
diligently and continuously and will complete the Work not later than the "Completion Date" set
forth in Attachment A to the Contract.
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 60 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 10 and l3 of the General Instructions to Bidders.
5。 Bidder Representations
A. No Collusion. Bidder warrants and represents that the only persons, firms, or
corporations interested in this Bidder's Proposal as principals are those named in Bidder's Sworn
Acknowledgment attached hereto and that this Bidder's Proposal is made without collusion with
any other person, firm or corporation.
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 govemment.
C. Oualified. Bidder warrants and represents that Bidder 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 to the interests of Owner, Bidder hereby agrees to furnish on 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.
Page 12 BIDDER'S PROPOSAL
oak Brook Gorr crub parkins .", ,-'#1ft:;i:"*f,:T:
(CBBEL Project No. 160597.00040)
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. Suretv and Insurance
Bidder herewith tenders surety and insurance commitment letters as specified in Section 6
of the Invitation for Bidder's Proposals.
7. Bid Securitv
Bidder herewith tenders a Cashier's Check, Certified Check, or Bid Bond as specified in
Section 6 of the Invitation for Bidder's Proposals for 5 percent of Bidder's Price Proposal ("Brd
Security").
8. Owner's Remedies
Bidder acknowledges and agrees that should Bidder fail to timely submit all additional
information that is requested of iU 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,
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 five percent of Bidder's
Price Proposal, whichever is greater, 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 13 of the General Instructions to Bidders.
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 Bid Package, which are by this
reference incorporated herein and made apart hereof.
ISTGNATURE PAGE FOLLOWSI
Page 13 B!DDER'S PROPOSAL
DATED:
Bidder
By:
Titlc:
December 2 2021
GENERAL INSTRUCT10NS TO BIDDERS,SECT10N 7,
FOR SIGNATURE REQUIREMENTS
Vi:lage of Oak BЮ Ok
Oak B「ook(3olf Club Parking Lot Lighting lmprovements
(CBBEL Proect No 160597.00040)
Page 14 BIDDER'S PROPOSAL
By:
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
BASE B!D 'or complete information covering these items, see plans and
Item.
No.
Items Unl Quantity Total
20800150 丁RENCH BACKFILL CU YD 10 $ 45.00 $ 45000
21101615 TOPSOIL FURNISH AND PLACE,4"SY 30 $ 2500 $ 750.00
25200200 SODDING SY 30 S 45.00 $ 1,350.00
*25200200 SUPPLEMENttAL VVAttER UNl丁 35 $ 50.00 $ 1,750.00
81028720
UNDERGROUND CONDUIT, COILABLE
NONMETALIC CONDUIT, 1,, DIA.F00T 1,150 S 1200 $13,800.00
81400730 HANDHOLE, COMPOSITE CONCRETE EACH1 $ 650.00 $ 650.00
81702120
ELECTRTC CABLE lN CONDUIT, 600V (XLP-TYPE
usE) 1/c No,8 F00丁 3,300 $ 160 $ 5,280.00
83600200 LIGHT POLE FOUNDATION, 24" DIAMETER F00T 79 S 18000 $14,220.00
K0036118 MULCH PLACEMENT′3″SY 20 $ 2100 $ 42000
*XX008195 EXPLORATTON EXCAVATION (UTILITY)F00T 10 $ 7000 $ 700.00
Z0013798 CONSTRUC丁 10N LAYOU丁 LSUM $ 50000 $ 50000
LIGHtt POLE lγ PE A EACH4 $11,400.00 $45,600.00
LIGHT POLE lγ PE B EACH2 $11,000.00 $22,000.00
LIGHtt POLE lγ PE C EACH $1 1 ,100.00 $1 1 ,100.00
INttER10R CONDUIT AND CABLE LSUM $ 7,000.00 $ 7,000.00
PAVEMENT EXPLORAttORY POTHOLE EACH5 $ 570.00 $ 2,850.00
Bidde/s Proposalfor making Base Bid lmprovements.$128,420.00
Page 1 BIDDER'S SWORN ACKNOVVLEDGEMENT
Village of Oak Brook
Oak Brook Golf C!ub Parking Lot Lighting:mprovements
(CBBEL ProieCt No.16059700040)
VILLAGE OF OAK BR00K
CONTRACT FOR THE CONSTRUCTION
OF OAK BR00K GOLF CLUB
PARKING LOT LIGHTING IMPROVEMENTS
BID PACKAGE
BIDDER'S SWORN ACKNOWLEDGEMENT
Joseph B. Spencer ("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
Acknowledgement are true and correct.
COMPLETE APPLICABLE SECT10N ONLY
1. Corporation
Bidder is a corporation that is organized and existing under the laws of the State of
lllinois , that is qualified to do business in the State of Illinois, and that is operating under
the legal name of Utility Dvnamics Corporation
The officers of the corporation are as follows:
TITLE
President
Vice President
Secretary
Treasurer
NAME
Joseph Bo Spencer
Philip A. Whalen
Christie Maday
ADDRESS
Glen EIlyn,IL
Wheaton,IL
Hampshire, lL
Glen Ellyn, lL
2. Partnership
June Goggin
Page2 BIDDER'S SWORN ACKNOllVLEDGEMENT
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
Bidder is a partnership that is organized, existing and registered under the laws of the State
pursuant to that certain Partnership Agreement dated as of that
qualifled to do business in the State of lninois,and that is operating under the legal namc of
The general partners of the partnership are as follows:
NAME ADDttSS
Individual
Bidder is an individual as follows:
Full name:
Residence address:
Business address:
If operating under a trade or assumed
name that name is:
4.Joint Venture
Bidder is a joint venture that is organized and existing under the laws of the State of
, that ispursuant to that certain Joint Venture Agreement dated as of
qualified to do business in the State of Illinois, and that is operating under the legal name of
The signatories to the aforesaid Joint Venture Agreement are as follows:
NAME (and ENTITY TYPE)ADDMSS
L)
3.
(--J
Page 3 B:DDER'S SWORN ACKNOllVLEDGEMENT
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Proect No 160597 00040)0[For each signatory, indicate type of entity (Corporation : "C"; Partnership : o'P"] and Individual: "I") and provide, on separate sheets, the information required in Paragraph l, 2, or 3 above, as
applicablel
DATED: December 2 2021
Bidder
By:
on December 2 20 21 .
MyttmissicDnexpirer Z/`LttL」≧
=ブ
∠L_"20Zィ タ~SEE GENERAL INSTRUCT10NS TO BIDDERS,SECT10N 7,
FOR SIGNATURE REQUIREⅣIENTS
OFFiC:AL SEAL
MARK K RECК AMP
NOTARY PuBLiC.STATE OF ILLINOiS
KANE COuNTY
MY COMMissloN EXPiRES 07/26/2025
Page 4 BIDDER'S SWORN ACKNOVVLEDGEMENT
By:
Title:
Village of Oak Brook
Oak Brook Goif Club Parking Lot Lighting improvements
(CBBEL Prolect No 160597 00040)
VILLAGE OF OAK BR00K
CONTRACT FOR THE CONSTRUCTION
OF OAK BR00K GOLF CLUB
PARKING LOT LIGHTING IMPROVEMENTS
BID PACKAGE
BIDDER'S SWORN WORK HISTORY STATENIENT
Joseph B. Spencer ("Deponent"), being first duly sworn on
oath,deposes and states that all statements rnade in this Sworn Work History Statement are made
on behalfofthe undersigned Bidder in support ofits Bidder's Proposal forthe above Contract and
that Deponentis authorized to make them.
Deponent also deposes and states that Bidder has carefully prepared,rcviewed and
checked this Sworn Work History Statemcnt and thatthe statements contained in this S、vorn Work
Histow Statcment are truc and correct.
IF NECESSARY FOR FULL DISCLOSURE,ADD SEPARATE SHEETS
JOINT VENTURES ⅣlUST SUBⅣIIT SEPARATE
SWORN WORK HISTORY STATEⅣIENTS FOR TⅡE JOINT VENTURE
AND FOR EACH SIGNATORY TO THE JOINT VENTURE AGREEPIIENT
1. Nature of Business
State the nature of Bidder's business:Electrical Contractor
2. Composition of Work
During the past three years, Bidder's work has consisted of:
30 NFederal 40 |%As contractor
65 %c)ther Public 60 |%As Subcontractor 5 oZ Subcontractors
55 %Bidder's Forces
5 %oPrivate 40 Y"Materials
BIDDER'S SWORN WORK
HISTORY SttAttEMEN丁
Page 1
Village of Oak Brook
Oak Brook(3olf Club Parking Lot L:ghting lmprovements
(CBBEL Praect No 160597.00040)
3. Years in Business
Statc the number of years that Bidder,under its current name and organization,has been
continuously engaged in the aforesaid busincss: 50 years
4. Predecessor Organizations
lfBiddcr has been in busincss undcrits current name and organization forless than flve years,list
any prcdecessor organizations:
NAME ADDRESS YEARS
N/A
5. Business Licenses
List an business licenses currently held by Bidder:
ISSUING AGENCY TYPE NUⅣIBER EXPIRAT10N
City of Aurora Electrical cNTR-01772 06ノ 22ノ 22
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
city of Aurora 8:H"88',f,ilt 3l"*"l,oo"OwnerName
OwnerAddress 44 East Downer Pl 313 Washington 505 Butler Place
Aurora,IL Oswego,IL Park Ridge,IL
Reference Scott Miller Chad Feldotto James McGuire
Terephone Number 630-708-0577 630-554-4427 847-318-7948
Electrical Electrical Electrical
Page 2 BIDDER'SSWORN WORKHISTORY STATEMENT
Type of Work
Vil!age of Oak Brook
Oak Brook(3olf Club Parking Lot Lighting lmprovements
(CBBEL Praect No 160597.00040)
PROJECT TWO
Contractor
(If Bidder was)
(Subcontractor)
Amount of Contract
Date Completed
DATED: December 2
Bidder
By:
Ti
PROJECT ONE
Prime
Contractor
S60,250.00
Prime
Contr actor
$31,244.00
05/30/■708/03/■6,
Attest
Byi
Titは
' on December 2 ,2021
紀m面 雨me…三グ笙二ρOゴ
SEE GENERAL INSTRUCTIONS TO BIDDERS,SECT10N 7,
FOR SIGNATURE REQUIREⅣIENTS
PROJECT THREE
Prime
C^ntr autor
S165,623.00
06/02/■7B:DDER'S SWORN llVORK
HISTORY STAttEMENT
Page 3
OFFiCIAL SEAL
MAnκ K RECKAMP
N01AR,「,tJじ LIC STATE OFIし LINOISKANi COuNTY
MY COMMIじ 3,oN ExPIRES 07/20/2o25
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL ProieCt No.16059700040)
STATE OF ILLINOIS )
) SS
COUNTY OF Kenda∥_ )
CONTRACTOR' S CERTIFICATION
Joseoh B. Spencer
leingfirstdulyswornonoath,deposesandstatesthat
all statements herein made 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 govemment as a result of (i) a violation of either Section 33E-3 or
Section 338-4 of Article 33E of the Criminal Code of 196l,720ILCS 5/33E-l et Sgg.; 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.
Subscribed and Sworn to
My Commission expires:
before me on December 2 ,20旦.DATED: December 2
(SEAL)
Page 1 CONTRACTOR'S CERTIFICAT10N
Village of Oak Brook
Oak Brook(3olf Club Parking Lot Lighting lmprovements
(CBBEL ProieCt No.160597.00040)
VILLAGE OF OAK BR00K
CONTRACT FOR THE CONSTRUCTION
OF OAK BR00K GOLF CLUB
PARKING LOT LIGHTING IMPROVEMENTS
ATTACHMENT A
SUPPLEMENTAL SCHEDULE OF CONTRACT TERMS
1. Bg.i.ec!:
Installation of light standards at the Oak Brook Golf Club parking lot located just south
of the Club House. The proposed lighting work will consist of installing conduit,
electrical cable, light pole foundations, handhole, standard Village lighting units, and
all applicable restoration. Proposed lighting will be connected to an existing lighting
panelboard located within the Club Houserein.
2. Work Site:
These improvements are located in the Village of Oak Brook, Du Page County, Illinois,
as more fully described in the Invitation to Bidders, Attachment B, and the Oak Brook
Golf Club Parking Lot Lighting Improvements Project Plans.
3. Permits. Licenses, Approvals, and Authorizations:
Contractor must obtain all required governmental permits, licenses, approvals, and
authorizations, except:
DuPage County Highway Permit
4. Commencement Date:
Ten (10) days after execution of the Contract by Owner. Village anticipates work to
start on or before Aprll 4,2022.
5. Completion Date:
April29,2022, plus extensions, if any, authorized by a Change Order issued pursuant
to Subsection22A of the Contract
Page 1 ATTACHMENtt A
oak Brook Gorr crub parkins ,-", ,-,J;Iff:;i:"?:,?:Xil
(CBBEL Project No. 160597.00040)
6. Insurance Coverage:
Certificates of Insurance shall be presented to Owner 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 Owner will not approve and execute the Contract until
acceptable insurance certificates are received and approved by Owner.
Each contractor performing any work pursuant to a contract with Owner and each
permittee working under a permit as required pursuant to the provisions of Title I of
Chapter 8 of the Code of Ordinances of the Village of Oak Brook (hereinafter referred to
as "Insured") shall be required to carry such insurance as specified herein. Such contractor
and permittee shall procure and maintain for the duration of the contract or permit
insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work under the contract or permit, either
by the contractor, permittee, or their agents, representatives, employees or subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability - $2,000,000 combined single limitperoccurence forbodily injury,
personal injury and properly damage, provided that when the estimated cost of the
work in question does not exceed $25,000, the required limit shall be $1,000,000;
B.Automobile Liability (if applicable) - $1,000,000 combined single limit per accident
for bodily injury and properly damage;
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.
C.
Any deductibles or self-insured retention must be declared to and approved by Owner. At
the option of Owner, either the insurer shall reduce or eliminate such deductible or self-
insured retention as respect to Owner, 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 -
(l) The Owner, its officers, officials, employees and volunteers are to be covered
as@-asrespects:liabilityarisingoutofactivitiesperformed
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 Owner, its officers, officials, employees, volunteers,
or agents.
Page2 ATTACHMENT A
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
The Insured's insurance coverage shall be primary insurance as respect to the
Owner, its officers, officials, employees, volunteers and agents. Any insurance
or self-insurance maintained by the Owner, its officers, officials, employees,
volunteers or agents shall be in excess of the lnsured's insurance and shall not
contribute with it.
Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the Owner, its offtcers, officials, employees, volunteers
or agents.
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 Owner, its officers,
officials, employees, volunteers and agents for losses arising from work
performed by the insured for the Owner.
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 thirry (30)
days prior written notice by certified mail has been given to Owner. Each insurance policy
shall name the Owner, 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: VlI.
Each Insured shall fumish the Owner 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
insurerto bind coverage on its behalf. The certificates and endorsements are to be on forms
approved by the Owner and shall be subject to approval by the Village Attomey before
work commences. The Owner 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.
F. Owner's and Contractor's Protective Liability Insurance. Contractor, at its sole
cost and expense, must purchase this Insurance in the name of Owner with a
combined single limit for bodily injury and property damage of not less than
$1,000,000.
(2)
(4)
Page 3 ATTACHMENttA
Ec.
oak Brook Gorr crub parking ., .,#lli3i;i:"x[,?:XiX
(CBBEL Project No. 160597.00040)
Umbrella Policy. The required coverage may be in the form of an umbrella
policy above $2,000,000 primary coverage. All umbrella policies must provide
excess coverage over underlying insurance on a following-form basis so 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 that
loss.
Owner as Additional Insured. Owner must be named as an Additional Insured
on the following policies:
Owner's and Contractor's Protective Liability lnsurance
The Additional Insured endorsement must identify Owner as follows:
The Village of Oak Brook and its boards, commissions, committees, authorities,
employees, agencies, officers, voluntary associations, and other units operating
under the jurisdiction and within the appointment of its budget.
EH
E]G Other Parties as Additional Insureds. In addition to Owner, the following parties
must be named as additional insured on the following policies:
Additional Insured Policy or Policies
Christopher B. Burke Engineering, Ltd. Owner's and Contractor's
DuPage County Division of Transportation Protective Liability
Contract Price:
SCHEDULE OF PRICES
A. UNIT PRICE CONTRACT
NOTE: If Owner has provided a separate form Schedule of Pricing attached to
this Attachment A, then that Schedule of Prices will be used and this Subsection
B should not be used. If Owner has not provided a separate form Schedule of
Prices, then this Subsection B should be used.
For providing, performing, and completing all Work, the sum of the products
resulting from multiplying the number of acceptable units of Unit Price Items
listed below incorporated in the Work by the Unit Price set forth below for such
Unit Price Item:
IDeletedJ
7.
Page 4 ATttACHMENtt A
8。
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
B. Any items of Work not specifically listed or referred to in the Schedule of Prices,
or not specifically included for payment under any Unit Price Item, shall be
deemed incidental to the Contract Price, shall not be measured for payment, and
shall not be paid for separately except as incidental to the Contract Price,
including without limitation extraordinary equipment repair, the cost of
transportation, packing,cartage, and containers, the cost of preparing schedules
and submittals, the cost or rental of small tools or buildings, the cost of utilities
and sanitary conveniences, and any portion of the time of Contractor, its
superintendents, or its oflice and engineering staff.
Progress Payments:
A. General. Owner must pay to Contractor 90 percent of the Value of Work,
determined in the manner set forth below, installed and complete in place 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 may not exceed 90 percent of the Contract Price.
B. Value of Work. The Value of the Work will be determined as follows:
Lump Sum Items. For all Work to be paid on a lump sum basis,
Contractor must, not later than 10 days after execution of the Contract
and before submitting its first Pay Request, submit to Owner a schedule
showing the value of each component part of such Work in form and
with substantiating data acceptable to Owner ("Breakdown Schedule").
The sum of the items listed in the Breakdown Schedule must equal the
amount or amounts set forth in the Schedule of Prices for Lump Sum
Work. 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 must be revised and
resubmitted until acceptable to Owner. No payment may be made for
any lump sum item until Contractor has submitted, and Owner has
approved, an acceptable Breakdown Schedule.
Owner may require that the approved Breakdown Schedule be revised
based on developments occurring during the provision and perforrnance
of the Work. If Contractor fails to submit a revised Breakdown Schedule
that is acceptable to Owner, Owner will have the right either to suspend
Progress and Final Payments for Lump Sum Work or to make such
Payments based on Owner's determination of the value of the Work
completed.
Unit Price Items. For all Work to be paid on a unit price basis, the value
of such Work will be determined by Owner 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
(2)
Page 5 ATTACHMENT A
9.
10。
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
of Prices. The actual number of acceptable units installed and complete
in place will be measured on the basis described in Attachment B to the
Contract or, in the absence of such description, on the basis determined
by Owner. The number of units of Unit Price Items stated in the
Schedule of Prices are Owner's estimate only and may not be used in
establishing the Progress or Final Payments due Contractor. The
Contract Price will be adjusted to reflect the actual number of acceptable
units of Unit Price Items installed and complete in place upon Final
Acceptance.
C. Application of Payments. All Progress and Final Payments made by Owner to
Contractor will be applied to the payment or reimbursement of the costs with
respect to which they were paid and will not be applied to or used for any pre-
existing or unrelated debt between Contractor and Owner or between Contractor
and any third party.
Per Diem Administrative Charge:
$500 per calendar day after Aprll29,2022.
Standard Specifi cations :
The Contract includes the following Illinois Department of Transportation standard
specifications, each of which are incorporated into the Contract by reference:
"State of Illinois Standard Specifications for Road and Bridge Construction" (SSRB)
"Standard Specifications for Water and Sewer Main Construction in Illinois" (SSWS)
"Illinois Manual on Uniform Traffic Control Devices for Streets and Highways"
(MUrcD).
The Contract also includes Owner's Village Code and Building Codes.
References to any ofthese manuals, codes, and specifications means the latest editions effective
on the date of the bid opening.
See Attachments for any special project requirements.
Page 6 ATTACHMENT A
V∥lage of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprOvements
(CBBEL Proect No 160597 00040)
VILLAGE OF OAK BR00K
CONTRACT FOR THE CONSTRUCTION
OF OAK BR00K GOLF CLUB
PARKING LOT LIGHTING IMPROVEMENTS
ATTACHMENT B
SPECIFICAT10NS AND SPECIAL PROVISIONS
Page 1 A丁丁 ACHMENtt B
oak Brook Gor crub parkins L"t u#lli3:;i:"x[,i:Xil
(CBBEL Project No. 160597.00040)
Detailed Specifications are contained in this ATTACHMENT B. In the event that any conflict
exists with any part or parts of the various contract documents, the following order shall govern:
1. Special Provisions shall take precedence, then
2. Plans, then
3. Village of Oak Brook "Public Works Construction Standards", then
4. StandardSpecifications/StandardDrawings
i-;
L"
L.,
Page 1 ATTACHMENT B
oak Brook Gorr crub parkins L"t LiJilnS:;i:"*::Xil
(CBBEL Project No. 160597.00040)
VILLAGE OF OAK BROOK
STATE OF ILLINOIS
Oak Brook Golf Club Parking Lot Lighting Improvements
The following Specifications and other provisions together with Special Provisions, and all
provisions contained in this Bid Package, shall govern the construction of the proposed
improvement and are a part of the Contract.
A. "Standard Specifications for Road and Bridge Construction", adopted April lst,
2016, published by the Illinois Department of Transportation (IDOT).
"Supplemental Specifications and Recurring Special Provisions", adopted
January 1,2021, published by IDOT.
"Bureau of Local Roads and Streets, Special Provisions and Specifications",
published by IDOT.
"Bureau of Design and Environment, Special Provisions", adopted subsequent
to issuance of Supplemental Specifications and Recurring Special Provisions.
"Manual on Uniform Traffic Control Devices for Streets and Highways",
adopted by IDOT.
Before submitting the proposal, bidders should read all the above mentioned documents along
with the Special Provisions and familiarize themselves with all requirements of same.
Before submitting proposals, bidders should visit the site of the proposed work, veri$ all site
conditions and also conditions under which said work must be conducted.
Submission of a Proposal implies that the bidder is fully conversant with all requirements of
Standard Specifications, Special Provisions, Standard Drawings, and site conditions. No claim
for additional compensation will be considered or paid because of the Contractor's negligence
or failure to be so informed.
B.
C.
D.
E.
Page 2 ATTACHMENtt B
of Oak BrookVillage
Oak Brook(3olf Club Parking Lot Lighting improvements
Pr(功 eCt No 160597 00040)(CBBEL
ATTACHⅣIENT B
TABLE OF CONTENTS
DEFINIT10N OF TERIIS.……………。…・・・・・・…・・・・・・・・・・・・…・・・……・・・・・。…4CLARIFICATION OF CONTRACT DOCUⅣIENTS。…………………………………………………4CONTRACT TIPIE.……………………………・
SURVEY CONTROL POINTS。……………¨5VANDALISplE。………………………………………………………………………………“
MAINTENANCE OF ROADWAYS.…………………………………………………………………………・6
PUBLIC CONVENIENCE AND SAFETY.…………………………………………………………………6CHANGEIN SCOPE OF WORK。……………………………………………………………………………¨6USE OF FIRE HYDRANTS。………………………………………………………………………………………61EPA CLEAN CONSTRUCT10N AND DEⅣ10LIT10N DEBRIS(CCDD)。………………“7SITE INVESTIGATION AND CONDIT10NS AFFECTING WORK.………………………¨7NOISE.………………………………………………………………………………………………………………………8USE OF HEAVY EQUIPMENT,T00LS;RESTRICTIONS。……………………………………・8
CONSTRUCT10N LAYOUT ¨………。・・…・・・……・・・・・・………。・・……・・・・・・……・・・9
EXPLORAT10N EXCAVAT10N(UTILITY)。¨..・ ¨・・¨¨・・¨¨・・………………・¨¨・・・・・・・・……。11
1NTERIOR CONDUIT AND CABLE.……..¨・・・・・・・・・………・¨¨・‥・……・・¨¨。・¨・・・・・・・・・¨・・¨・・¨。12
LIGHT POLE TYPE A,B,C..¨...・ ………………・・¨¨¨・・¨・・¨。・・・¨¨・・¨¨・・¨¨¨¨・・¨¨¨¨・・¨¨・・・13
PAVEMENT EXPLORATORY POTHOLE。...。¨¨・・¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨………¨…13
SODDING,SPECIAL。……………………………………………………………………………………………¨14
SPECIAL CONDIT10NS.……………………。¨・・・・・・・・・…………・・・・・・………………。15
.¨5Page 3 AttTACHMENT B
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
VILLAGE OF OAK BROOK
STATE OF ILLINOIS
SPECIAL PROVISIONS FOR
OAK BROOK GOLF CLUB PARKING LOT LIGHTING IMPROVEMENTS
The following Special Provisions supplement the "Standard Specifications for Road and Bridge
Construction", adopted April l, 2016 (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 2021, indicated on the Check Sheet included
herein; all of which apply to and govern the construction of: Oak Brook Golf Club Parking Lot
Lighting Improvements for the Village of Oak Brook, Illinois.
These special provisions included herein apply to and govem the proposed improvement
designated as OAK BROOK GOLF CLUB PARKING LOT LIGHTING IMPROVEMENTS
and in case of conflict with any part or parts of said specifications; said special provisions shall
take precedent and shall govem.
DEFINITION OF TERMS
In addition to the definitions included in Section 101 of the "Standard Specifications for Road
and Bridge Construction", adopted April 1, 2016 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:
Page 4 ATttACHMENT B
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
Rania Serences, Senior Purchasing Assistant
Butler Govemment Center
1200 Oak Brook Road
Oak Brook,IL 60523
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, all work including punch list items shall be completed by April 29,2022
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 responsible for the
security of the work site 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.
Page 5 ATTACHMENtt B
oak Brook Gorr crub parking L"t LiJil|i3:;i:"x[,?lXil
(CBBEL Project No. 160597.00040)
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.
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 waming 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
constraints. No compensation will be allowed
anticipated profits.
USE OF FIRE HYDRANTS
contract quantities in order to meet budgetary
to the Contractor for decrease in quantities and
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
Page 6 ATttACHMENtt B
oak Brook Gorr crub parkins L"t Li;iffi3:;i3*::Xil
(CBBEL Project No. 160597.00040)
for filling a tank truck shall be made with the Village of Oak Brook Public Works Department,
3003 Jorie Boulevard, Oak Brook, Illinois.
IEPA CLEAN CONSTRUCTION AND DEMOLITION DEBRIS (CCDD)
All removal or excavation items being disposed of at an uncontaminated soil fill operation or
Clean Construction and Demolition Debris (CCDD) fill site shall meet the requirements of
Public Act 96-1416. All costs associated with meeting these requirements shall be included in
the unit price cost for the associated removal or excavation items in the contract. These costs
shall include but are not limited to all required testing, lab analysis, certification by a licensed
professional engineer, and State and local tipping fees.
The CONTRACTOR shall submit copies of all dump debris tickets to the ENGINEER.
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 (l) location and load 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 conceming 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.
PageT A丁 丁ACHMENtt B
A.
B.
A.
B.
C.
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
NOISE
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.
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)
USE OF HEAVY EOUIPMENT. 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.
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.
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.
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.
Page 8 ATttACHMENT B
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(CBBEL Project No. 160597.00040)
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:
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.
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
suffrcient 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 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.
Responsibilit), of the Eneineer
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.
2.
Page 9 A丁丁 ACHMENT B
C.
d.
b.
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
Locating and referencing the centerline of survey will consists 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.
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.
Stakes set for (a) and (b) above will be identified in the field to the Contractor.
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.
The Engineer will set all stakes for utility adjustment for building fences along the right
of way line by parties other than the Contractor.
The Engineer will make all arangements and take all cross sections from which the
various pay items are to be measured.
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.
The Engineer will accept responsibility for the accuracy of the initial controlpoints as
provided herein.
It is not the responsibility of the Engineer, except as provided herein, to check the
correctness of the Contractoros 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.
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
e.
g.
h.
Page '10 A丁丁 ACHMENT B
b.
C.
d.
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
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.
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.
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.
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.
EXPLORATIO N EXCAVATION (UTI LITY)
Description. This work shall consist of constructing an exploratory excavation for the purpose
of locating existing utility conflicts with proposed conduits to be directionally bored, located
outside of pavement areas.
General. Allwork shall be in conformance with the Contract Drawings, Standard Specifications,
and JULIE requirements. Anticipated locations are shown on the plans, however shall be
determined after the JULIE/private utilities are located.
Construction. Contractor shall provide a large enough trench to locate existing utility where
proposed conduits cross existing utilities. Trenches shall be backfilled with compacted material
free of brick, rock and any material that could damage the conduit (in accordance with Section
810 of the Standard Specifications), 4" of topsoil and then sod to restore them to existing
conditions.
Where trenches are located below landscape areas, the Contractor shall restore as described
above, and coordinate replanting any plants/shrubs removed to locate existing utilities.
Method of Measurement. This work will be measured for payment in feet, for the trench length
required to verify existing utility conflict.
Page 1 1 ATTACHMENT B
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
Basis of Payment, This work shall be paid for at the contract unit price per foot for
EXPLORATION EXCAVATION (UTILITY), which shall include all labor, materials, and
equipment to complete the work specified herein.
INTERIOR CONDUIT AND CABLE
Description. This work shall consist of furnishing and installing raceways, wires, fiftings, junction
boxes, parking lighting controls, and accessories within the existing Golf Club House for the
purpose of connecting and operating proposed parking lot lighting.
Materials. All materials shall be in conformance with the Contract Drawings, Standard
Speciflcations, NEC requirements and shall be UL or ETL listed.
Proposed lighting controls shall be provided as specified on the plans.
Construction. All elechical work shall be installed in accordance with all State and Local
lnspection Authorities. lnstallation shall be in accordance with NEC and equipment
recommendations.
Existing electrical equipment shall be rewired and/or relocated as required to allow for the
installation of proposed lighting circuits and equipment. The drawings are diagrammatic and are
based on visual Information noted during a site visit with Village maintenance staff. Existing
electrical plans for the club house were nol available during design.
Anticipated conduiuwire routing into the building is shown on the plans; however, the Contractor
shall coordinate exact conduit routing and equipment locations with the Golf CIub Staff and
Owner's Representative. Golf Club Staff has requested that conduit, flttings and junction boxes
located within the stairwell be positioned as high as possible to minimize conflicts with restaurant
staff utilizing it to bring large items up and down it during business hours. The Contractor shall
notify staff of any shutdowns a minimum of two days in advance.
All cables shall be labeled with permanent, water resistant, nylon wire markers. Cables shall be
color coded and match pole wiring. Wires located within building shall have THHN/THWN
insulation; and wiring for e)derior, weudamp locations, shall have an XLP-Type USE insulation.
Exterior underground conduits shall be schedule 80 HDPE, and directional bored, unless
otherwise shown on the plans. Exterior above grade conduits shall be rigid galvanized steel
(RGS), and interior conduits shall be RGS or EMT. Conduit fittings and junction boxes shall be
cast aluminum, ANSI/NEMA FB 1 , unless otherwise directed.
All interior conduit clamps shall be galvanized steel and spaced in accordance with NEC
requirements for conduit support spacing. Expansion anchors installed within concrete shall be
provided with precast inserts, prior to installing expansion anchors. Self-drilling anchors can also
be used for mounting conduits to concrete walls.
All building penetrations for proposed conduit(s) shall be located above grade and shall be
sealed watertight.
Page 12 ATTACHMENT B
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
Contractor shall provide firestopping protection for any penetrations located within the building,
between rooms/spaces. Penetrations shall be sealed in accordance with NFPA requirements,
and all materials shall be FM/UL listed with a minimum ('l) hourfire rating.
Upon completion of the electrical work the Contractor shall perform electrical testing in the
presence ofthe Owner's Representative. This shall consist of amperage/voltage measurements,
insulation resistance test, and ground continuity in accordance with the Standard Specifications.
Method of Measurement. Separate measurement will not be made for the work specified in this
section.
Basis of Payment. This work shall be paid for at the contract unit price lump sum for
INTERIOR CONDUIT AND CABLE, which shall include all labor, materials, and equipment to
complete the work specified herein.
LIGHT POLE TYPE A
LIGHT POLE TYPE B
LIGHT POLE TYPE C
Description. This work shall consist of furnishing and installing a proposed light pole as
shown on the plans.
Materials. The light pole shall be in accordance with Article 1069.01-1069.02 of the Standard
Specifications and as shown on the plans.
Construction. The light pole shall be installed in accordance with Section 830 of the Standard
Specifications and as shown on the plans.
Contractor shall furnish and install twin arms and luminaires (Light Pole Type A only) and
motion sensors at locations indicated on the plans.
All luminaires shall have a wireless control node installed in accordance with the manufacturer
recommendations for the operation of motion sensors and luminaires from dusk to dawn.
Measurement. This work will be measured for payment for each light pole.
Basis of Payment. Theworkshall be paid for atthe contract unit price each for LIGHT POLE,
of the type specified, which price shall be payment in fullfor all labor, materials, and equipment
necessary to complete the work described above and as indicated on the plans.
PAVEMENT EXPLORATORY POTHOLE
Description. This work shall consist of performing an exploratory pothole for the purpose of
locating existing utilities under existing pavement that are in conflict with proposed conduits to
be directionally bored.
General. All work shall be in conformance with the Contract Drawings, Standard Specifications,
and JULIE requirements. Anticipated locations are shown on the plans, however shall be
determined afier the JULIE/private utilities are located.
Pavement Removal. The Contractorshall perform an exploration pothole large enough to locate
existing utility, in locations where proposed conduits cross existing utilities. Contractor shall core
Page '13 ATTACHMENT B
oak Brook Gorf cr ub parkins,-",
'#Ift ilt 3*,i:xil
(CBBEL Project No. 160597.00040)
the existing pavement the full depth, an accordance with the applicable requirements of Section
442 of the Standard Specifications.
Any existing utilities damaged during pavement removal operations (i.e. drainage mats, pipe
underdrains, loop cables, etc.) shall be repaired or replaced.
Materials resulting from the removal of the existing pavement and unsuitable and unstable
materials shall be disposed of according to Article 202.03 of the Standard Specifications.
Pavement Replacement. Contractor shall fill potholes with compacted trench backfill, IDOT
gradation CA 6, to the top of subgrade of the removed pavement core. Pavement shall be
replaced in kind.
Method of Measurement. This work will be measured for each exploratory pothole, regardless
of the size and depth, which is required to verify existing utility conflict.
Basis of Payment. This work shall be paid for at the contract unit price per each for
PAVEMENT EXPLORATORY POTHOLE, which shall include all labor, materials, and
equipment to complete the work specified herein.
SODDING
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 21 1 and 252 of the Standard Specifications.
ln 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 righlof-way the sod shall be of the salt-tolerant variety.
At all other locations, the sod shall be Kentucky Blue Grass.
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 ol 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, 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.
Page 14 ATTACHMENT B
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
SPECIAL CONDIT10NS
1. 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.
2. 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.
3. TAX EXEMPTION:
The Village is exempt from Federal excise tax (#36-600-9534) and the Illinois Retailers
Occupation Tax(#F;9997-4381-06). This bid cannot include any amounts of money for
these taxes.
Page 15 ATttACHMENtt B
Du Page County Prevailing Wage for October 2021
(See explanation of column headings at boftom of wages)
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL PrtteCt No.16059700040)
VILLAGE OF OAK BR00K
CONTRACT FOR THE CONSTRUCT10N
OF OAK BR00K GOLF CLUB
PARKING LOT LIGHTING IMPROVEMENTS
APPENDIX l
PttVAILING WAGES
APPENDIX l
DuPage County Prevailing Wage Rates posted on 1O/4/202L
R9 ,Type C
A∥ ALL
A∥ IBLD
A∥ IBLD
A∥ :BLD
A∥ IALL
A∥ IALL
A∥ lBLD
A∥ iBLD
A∥ IALL
A∥ IALL I
A∥ ALL
A∥ ALL .
A∥ BLD
A∥ BLD
NE ALL
w ALL
AII BLD
A∥ BLD
E ALL
w ALL
A∥ ALL
A∥ IALL
A∥ IBLD
A∥ ALL
A∥ BLD
A!| ・ALL
A∥ ALL
A∥ :ALL ‐
A∥ BLD l
A∥ IBLD 2
A∥ IBLD 3
Overtime
'Base Foreman M-F Sa Su HolTrade Title
ASBESTOS ABT―GEN
ASBESTOS ABT―MEC
BOILERMAKER
BRICK MASON
CARPENTER
CEMENT MASON
CERAMIC TILE F!NISHER
COMMUNICAT!ONT[⊂HNICiAN
ELECTRIC PWR EQMT OP
[LECTRiC PWR GRNDMAN
ELECTRIC PWR ttNEMAN
IELECTRIC PWR TRK DRV
ELECTRICiAN
ELE∨ATOR CONSTRUCTOR
FENCE ERECTOR
FENCE ERECTOR
GLAZIER
HEAT/FROST INSULATOR
IRON WORKER
IRON WORKER
LABORER
LATHER
I MACHINIST
MARBLE FINISHER
MARBLE MASON
IMAT[RIAL TEST[R!
MATERIALS TESTER II
MILLWRIGHT
OPERATING ENGINEER
10PERATING ENGINEER
OPERATING ENGINEER
44.40 4540 15 1.5
3885 4196 15 1.5
52611 5734 201 20
48561 53.42‐ 1.5‐ 15
50.86 5286 15' 1.5
47.50 4950 201 1.5
42.80 4280 15 1.5
3471: 3751 1.5 15
4606 6284 1.5 15
3538 62.84 15 15
55371 62.34 1.51 1.5
36.67 6284 15 1.5
41.83 4608 15 1.5
60.42 67.97 20 20
4567 4767 15 15
4883 5274 20 20
47731 4923 15 20
5180 5491 15 1_5
5451 56.51 20 2.0
4883 5274 20 20
4590 4665 15 15
5086 5286 15 1.5
5068 5318. 1.5 15
37.00 5010 1.5 15
4771 5248 15 15
3590 15 15
4090 15 15
5086 52.86 151 15
53.60 5760 20 20
52.30 5760 20 20
4975 5760 20 20
Pension Vac Trng
14.21 0.00 090
12.61 000 0.82
22.341000‐1401 1
21061 0.00‐ 1.031
247610.00.o791 1
207410001■001 1
14.27 000 094
23.75 320 0.68 010
1290 000 1.15 138
9911 0.00 0881 106.
1550 0.00 138 166
10.27 0.00 092 1.10
2700 685 0851 010
1931 4.83 0.64
16.39 0.00 065 ,
2525 000 1281
2342 000 143
15361 000 0.82
2506 000 0.44
2525 000 128 1
1471 000 090
24.76 000 079
895118511471 1
19.10 0.00 093 .
2053 000 1.02 1
14.71 000 0901 1
14.71 000 0.90
24761 0.00 0.791 1
1860, 200 240 ,
18601 200 240
18601 200 240 ,
Hハ Ⅳ
1610
1442
697
1170
1179
1675
2: 2s
2.0 2.0
2.0) 2.0,
2.0 2.0'
2'.0). 2.0
2.0, 2.0
2.0 Z.O
2.0' 2.0
z.o 2.0
2.0' 2.0
2.0 2.0
2.O 2.0
2.0 2.0
2.0 2.0
2.ot 2.0
2.0 2.0
2.O 2.0
2.O, 2.0
2.0 2.0
2.0: 2.0'
2.O 2.0
2.0 2.0
2.0" 2.0
2.0 2.0
2.O' 2.0
2.0 2.0
2.0 2.0
2.0" 2.0
2..0 2.0
2.0 2.0
2.0 2.0
1145
1285
675
675
675
6.75
12.85
1587
1368
1331.
1499
1442
1540
13.31
1655
1179
893
1170
1170
1655
16_55
1179
2140
2140
2140
loptRRruc ENGTNEER
IOPERATING ENGINEER
I
f-iOPEMTING ENGINEER
,OPERATING ENGINEER
OPERATING ENGINEER
I
iOPERATING ENGINEER
:OPERATING ENGINEER
OPERATING ENGINEER
IopERcttruc ENGtNEER
OPEMTING ENGINEER
lopenltttrtc ENGTNEER
OPERATING ENGINEER
ORNAMENTAL IRON WORKER
ORNAMENTAL IRON WORKER
PAINTER
PAINTER - SIGNS
PILEDRIVER
PIPEFITTER
: PLASTERER
PLUMBER
ROOFER
SHEETMETAL WORKER
SPRINKLER FITTER
STEEL ERECTOR
STEEL ERECTOR
l
STONE MASON
TTERMZZO FINISHER
TERMZZO MASON
TILE MASON
TRAFFIC SAFEry WORKER
TRUCK DRIVER
:TRUCK DRIVER
TRUCK DRIVER
TRUCK DRIVER
.
TUCKPOINTER
IA∥ IBLD
A∥ IBLD
A!I IBLD
A∥ IBLD
A∥ FLT
A∥ IHWY
A∥ IHWY
A∥ HWY
A∥ IHWY
A∥ HWY
A∥ HVVY
A∥ IHWY
E 'ALL
w ALL
A∥ :ALL
A∥ BLD
A∥ ALL
A∥ BLD
A∥ .BLD
A∥ BLD
A∥ BLD
A∥ BLD
A∥ BLD
E ALL
w ALL
A∥ BLD
A∥ BLD
AII IBLD
A∥ BLD
A∥ HWY
A∥ ALL
A∥ ALL
A∥ ALL
A∥ IALL
A∥ BLD
2.0' 2.0
20 20
20 2.0
201 20
1.5 2.0
15 20
15 20
15 20
1.51 20
1.5 2.0
15 20
1.5‐ 20
20. 20
2.0 20
1.5 15
1.5 20
1.5 2.0
15 20
15 2.0
15 20
15 20
15 20
1.5 20
20 20
2.0 20
1.5 20
1.5 20
15 20
15 20
15 2.0
1.51 2.0
1.5 20
15 20
151 20
15 2045671234567112314
48.00 57.60 2.0
57.35 57.60 2.0
54.60 57.60 2.O
so.oo 57.60 2.0
41.00 41.00 1.5
51.80' 55.80 1.5
il.z; 55.80 1.s
49.20 55.80 1.5
47.30 55.80 1.5
46.60 55.80 1.5
5430 SS.A0 1.5
s2.bo 55.80 1.5
s2.ii 54.6C 2.0
48.83 52.74, 2.0
49.30 51.30 't.5
40.74 45.75 1.5
50.86 52.86 't.5
52.00 55.00 1.5
48.60, 51.52 1 .5
52.80 55.95 1.5
46.70 50.70 'r.5
51.83 54.42 1 .5
51.75 54.50 'r .5
54.51 56.51 2.0
48.83 52.74 2.0
48.56' 53.42 1.5
44.54 44.54 1.5
48.38 51.88 1 .5
49.75 53.75 1.5
38.50 40.10 1.5
40.06 40.61 ' 1.5
40.2',t 40.61 1.5
40.41 40.61 1.5
40.61 I 40.61 1.5
48.25 49.25 1.5
2.0i 21.40
zot
,2140 ,
2.0. 21.40
2.0,21.40
2.0 20.90I,
2.0' 21.40
2.0 21.40
2.0 21.40
2.Ol 21.40
2.,0 21.40
2.0 21.40
2.0t 21.40
2.0 14.23
2.0 13.31
2.0 19.08
l
2.0' 3.04
2.0 11.79
2.0 11.60
2.0 11.70
2.0 16.45
2.0 11.23
2.0, 11.22
I
2.0 13.90
2.0, 15.40
2.0 13.31
2.0 11.70
2.0 11.45
2.0 11.45
2.0 11.45
2.0 8.90
2.0,, 10.15
z.oi 10.15
2.0 10.15
2ot,'t0.15
2.A 8.79
1860 200 240
18.60 200 2.40
18.60 2.001 240
1860 200 2.40
1785 200 2.15
18.60 200 240
1860 2.00. 240
1860 2.00 240
1860 2001 240
1860 200 240
1860 200 240
1860 200 240
2399 000 125
2525 0.00 128
4.15 0.00 110
390 0.00 000
2476 000 079
2185 000 292
2098 000 102
1675 000 1.47
1391 000 0.91
1908 000 145
17.00 0.00 075
2506 000 044
2525 000 128
2106 000 103
1664 000 097
1810 0.00 1.00
1798 0.00 1.02
890 0.00 090
1357 000 015
1357 000 015
1357 000 015
1357 000 015
2047 000 101
246
legend
Rg Region
Type Trade Type - All,Highway,Building,Floating,Oil & Chip,Rivers
C Class
Base Base Wage Rate
OT M-F Unless otherwise noted, OT pay is required for any hour greater than B worked each day, Mon through Fri. The number
listed is the multiple of the base wage.
OT Sa Overtime pay required for every hour worked on Saturdays
OT Su Overtime pay required for every hour worked on Sundays
OT Hol Overtime pay required for every hour worked on Holidays
H/W HealthAVelfare benefit
Vac Vacation
Trng Training
Other lns Employer hourly cost for any other type(s) of insurance provided for benefit of worker.
Explanations DUPAGE COUNTY
IRON WORKERS AND FENCE ERECTOR (WEST) - West of Route 53.
The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day,
Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day in some classifications/counties.
Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed
on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain
days of celebration. lf in doubt, please check with IDOL.
, EXPLANATION OF CLASSES
ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous materials from any place in a building, including
mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials/mold
and hazardous materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close
future date.
ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the
mechanical systems are to remain.
' TRAFFIC SAFETY
Effective November 30, 2018, the description of the traffic safety worker trade in this County is as follows: Work associated with
. barricades, horses and drums used to reduce lane usage on highway work, the installation and removal of temporary, non-
temporary or permanent lane, pavement or roadway markings, and the installation and removal of temporary road signs.
CERAMIC TILE FINISHER
The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed
products; all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass,
- mosaics, fiberglass, and all substitute materials, for tile made in tile-like units; all mixtures in tile like form of cement, metals, and
other materials that are for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings,
swimming pools, and all other places where tile is to form a finished interior or exterior. The mixing of all setting mortars
. including but not limited to thin-set mortars, epoxies, wall mud, and any other sand and cement mixtures or adhesives when
used in the preparation, installation, repair, or maintenance of tile and/or similar materials. The handling and unloading of all
sand, cement, lime, tile, fixtures, equipment, adhesives, or any other materials to be used in the preparation, installation, repair, or
maintenance of tile and/or similar materials. Ceramic Tile Finishers shall fill alljoints and voids regardless of method on all tile
work, particularly and especially after installation of said tile work. Application of any and all protective coverings to all types of
tile installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings,
plywood, masonite, cardboard, and any new type of products that may be used to protect tile installations, Blastrac equipment,
and all floor scarifying equipment used in preparing floors to receive tile. The clean up and removal of all waste and materials.
All demolition of existing tile floors and walls to be re-tiled.
COMMUNICATIONS TECHNICIAN
Low voltage installation, maintenance and removal of telecommunication facilities (voice, sound, data and video) including
telephone and data inside wire, interconnect, terminal equipment, central offices, PABX, fiber optic cable and equipment, micro
waves, V-SAT, bypass, CATV, WAN (wide area networks), LAN (local area networks), and ISDN (integrated system digital network),
pulling of wire in raceways, but not the installation of raceways.
MARBLE FINISHER
Loading and unloading trucks, distribution of all materials (all stone, sand, etc.), stocking of floors with material, performing all
rigging for heavy work, the handling of all material that may be needed for the installation of such materials, building of
scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble,
holding water on diamond or Carborundum blade or saw for setters cutting, use of tub saw or any other saw needed for
preparation of material, drilling of holes for wires that anchor material set by setters, mixing up of molding plaster for installation
of material, mixing up thin set for the installation of material, mixing up of sand to cement for the installation of material and
such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of
interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, granite and other stones (meaning as to stone
any foreign or domestic materials as are specified and used in building interiors and exteriors and customarily known as stone in
the trade), carrata, sanionyx, vitrolite and similar opaque glass and the laying of all marble tile, terrazzo tile, slate tile and precast
tile, steps, risers treads, base, or any other materials that may be used as substitutes for any of the aforementioned materials and
which are used on interior and exterior which are installed in a similar manner.
MATERIAL TESTER l: Hand coring and drilling for testing of materials; field inspection of uncured concrete and asphalt.
MATERIAL TESTER ll: Field inspection of welds, structural steel, fireproofing, masonry, soil, facade, reinforcing steel, formwork,
cured concrete, and concrete and asphalt batch plants; adjusting proportions of bituminous mixtures.
OPERATING ENGINEER - BUILDING
Class '1. Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson Attachment; Batch Plant; Benoto (requires Two
Engineers); Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End-loader Machine;
Compressor and Throttle Valve; Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Conveyor (Truck Mounted);
Concrete Paver Over 27E cu. ft; Concrete Paver 27E cu. ft. and Under: Concrete Placer; Concrete Placing Boom; Concrete Pump
(Truck Mounted); Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCl and similar Type); Creter Crane; Spider Crane;
Crusher, Stone, etc.; Derricks, All; Derricks, Traveling; Formless Curb and Gutter Machine; Grader, Elevating; Grouting Machines;
Heavy Duty Self-Propelled Transporter or Prime Mover; Highlift Shovels or Front Endloader 2-1/a yd. and over; Hoists, Elevators,
outside type rack and pinion and similar machines; Hoists, One, Two and Three Drum; Hoists, Two Tugger One Floor; Hydraulic
Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment); Locomotives, All; Motor Patrol; Lubrication Technician;
Manipulators; Pile Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump Cretes Dual Ram; Pump Cretes: Squeeze
Cretes-Screw Type Pumps; Gypsum Bulker and Pump; Raised and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn; Slip-
Form Paver; Straddle Buggies; Operation of Tie Back Machine; Tournapull; Tractor with Boom and Side Boom; Trenching
Machines.
Class 2. Boilers; Broom, All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over); Conveyor, Portable; Forklift Trucks;
Highlift Shovels or Front Endloaders under 2-1/4 yd.; Hoists, Automatic; Hoists, lnside Elevators; Hoists, Sewer Dragging Machine;
Hoists, Tugger Single Drum; Laser Screed; Rock Drill (Self-Propelled); Rock Drill (Truck Mounted); Rollers, All; Steam Generators;
Tractors, All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame.
Class 3. Air Compressor; Combination Small Equipment Operator; Generators; Heaters, Mechanical; Hoists, lnside Elevators
(remodeling or renovation work); Hydraulic Power Units (Pile Driving, Extracting, and Drilling); Pumps, over 3" (1 to 3 not to
exceed a total of 300 ft.); Low Boys; Pumps, Well Points; Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches.
Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick Forklift.
Class 5. Assistant Craft Foreman.
Class 6. Gradall.
Class 7. Mechanics; Welders.
OPERATING ENGINEERS - HIGHWAY CONSTRUCTION
Class 1. Asphalt Plant;Asphalt Heater and Planer Combination;Asphalt Heater Scarfire;Asphalt Spreader; Autograder/GoMACO
or other similar type machines: ABG Paver; Backhoes with Caisson Attachment; Ballast Regulator; Belt Loader; Caisson Rigs; Car
Dumper; Central Redi-Mix Plant; Combination Backhoe Front Endloader Machine, ('l cu. yd. Backhoe Bucket or over or with
attachments); Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete Placer; Concrete
Tube Float; Cranes, all attachments; Cranes, Tower Cranes of all types: Creter Crane: Spider Crane; Crusher, Stone, etc.; Derricks,
All; Derrick Boats; Derricks, Traveling; Dredges; Elevators, Outside type Rack & Pinion and Similar Machines; Formless Curb and
Gutter Machine; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard
Rail Post Driver Truck Mounted; Hoists, One, Two and Three Drum; Heavy Duty Self-Propelled Transporter or Prime Mover;
Hydraulic Backhoes; Backhoes with shear attachments up to 40' of boom reach; Lubrication Technician; Manipulators; Mucking
Machine; Pile Drivers and Skid Rig; Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck
Mounted; Rockfl-rack Tamper; Roto Mill Grinder; Slip-Form Paver; Snow Melters; Soil Test Drill Rig (Truck Mounted); Straddle
Buggies; Hydraulic Telescoping Form (Tunnel); Operation of Tieback Machine; Tractor Drawn Belt Loader; Tractor Drawn Belt
Loader (with attached pusher - two engineers); Tractor with Boom; Tractaire with Attachments; Traffic Barrier Transfer Machine;
Trenching; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole Drills (Tunnel Shaft); Underground Boring and/or
Mining Machines 5 ft. in diameter and overtunnel, etc; Underground Boring and/or Mining Machines under 5 ft. in diameter;
Wheel Excavator; Widener (APSCO).
Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe
Front Endloader Machine (Less than 'l cu. yd. Backhoe Bucket or over or with attachments); Compressor and Throttle Valve;
Compressor, Common Receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 75
Series to and including 27 cu.fl.; Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing
Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type); Drills, All; Finishing Machine - Concrete; Highlift
Shovels or Front Endloader; Hoist - Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments); Hydro-Blaster; Hydro
Excavating (excluding hose work); Laser Screed; All Locomotives, Dinky; Off-Road Hauling Units (including articulating) Non Self-
Loading Ejection Dump; Pump Cretes: Squeeze Cretes - Screw Type Pumps, Gypsum Bulker and Pump; Roller, Asphalt; Rotary
Snow Plows; Rototiller, Seaman, etc., self-propelled; Self-Propelled Compactor; Spreader - Chip - Stone, etc.; Scraper - Single/Twin
Engine/Push and Pull; Scraper - Prime Mover in Tandem (Regardless of Size); Tractors pulling attachments, Sheeps Foot, Disc,
Compactor, etc.; Tug Boats.
Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2); Concrete Mixer (Two
Bag and Over); Conveyor, Portable; Farm-Type Tractors Used for Mowing, Seeding, etc.; Forklift Trucks; Grouting Machine; Hoists,
Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Low Boys; Pipe Jacking Machines; Post-Hole DiggeA
Power Saw, Concrete Power Driven; Pug Mills; Rollers, other than Asphalt; Seed and Straw Blower; Steam Generators; Stump
Mach i ne; Wi nch Trucks with "A" Fra me; Work Boats; Tamper- Form-Motor Driven.
Class 4. Air Compressor; Combination - Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical;
Hydraulic Power Unit (Pile Driving, Extracting, or Drilling); Light Plants, All (1 through 5); Pumps, over 3" (1 to 3 not to exceed a
total of 300 ft.); Pumps, Well Points; Vacuum Trucks (excluding hose work); Welding Machines (2 through 5); Winches, 4 Small
Electric Drill Winches.
Class 5. SkidSteer Loader (all); Brick Forklifts; Oilers.
Class 6. Field Mechanics and Field Welders
Class 7. Dowell Machine with Air Compressor; Gradall and machines of like nature.
OPERATING ENGINEER . FLOATING
Diver. Diver Wet Tender, Diver Tender, ROV Pilot, ROV Tender
TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION
Class 1. Two or three Axle Trucks. A-frame Truck when used for transportation purposes; Air Compressors and Welding
Machines, including those pulled by cars, pick-up trucks and tractors; Ambulances; Batch Gate Lockers; Batch Hopperman; Car
and Truck Washers; Carry-alls; Fork Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2-man
operation; Pavement Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry
Trucks, 2-man operation; Slurry Truck Conveyor Operation, 2 or 3 man; Teamsters; Unskilled Dumpman; and Truck Drivers
hauling warning lights, barricades, and portable toilets on the job site.
Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump
Turnapulls or Turnatrailers when pulling other than self-loading equipment or similar equipment under 16 cubic yards; Mixer
Trucks under 7 yeards; Ready-mix Plant Hopper Operator, and Winch Trucks, 2 Axles.
Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump
Turnatrailers or turnapulls when pulling other than self-loading equipment or similar equipment over 16 cubic yards; Explosives
and/or Fission Material Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, 1-man operation;
Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1-man operation; Winch
trucks, 3 axles or more; Mechanic--Truck Welder and Truck Painter.
Class 4. Six axle trucks; Dual-purpose vehicles, such as mounted crane trucks with hoist and accessories; Foreman; Master
Mechanic; Self-loading equipment like P.B. and trucks with scoops on the front.
TERMZZO FINISHER
The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the
mixing, grinding, grouting, cleaning and sealing of all Marble, Mosaic, andTerrazzo work, floors, base, stairs, and wainscoting by
hand or machine, and in addition, assisting and aiding Marble, Masonic, andTerrazzo Mechanics.
Other Classifications of Work:
For definitions of classifications not othenvise set out, the Department generally has on file such definitions which are available. lf
a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state
which neighboring county has such a classification and provide such rate, such rate being deemed to exist by reference in this
document. lf no neighboring county rate applies to the task, the Department shall undertake a special determination, such
special determination being then deemed to have existed under this determination. lf a project requires these, or any
classification not listed, please contact loOL at 2'17 -782-'1710 for wage rates or clarifications.
LANDSCAPING
Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. Thework performed by
landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by
landscape operators (regardless of equipment used or its size) is covered by the classifications of operating engineer. The work
performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver.
MATERIAL TESTER & MATERIAL TESTER/INSPECTOR I AND II
Notwithstanding the difference in the classification title, the classification entitled "Material Tester l" involves the samejob duties
as the classification entitled "Material Tester/lnspector 1". Likewise, the classification entitled "Material Tester ll" involves the same
job duties as the classification entitled "Material Tester/lnspector ll".
Village of Oak Brook
Oak Brook(3olf Club Parking Lot Lighting lmprovements
(CBBEL Praect No 160597 00040)
VILLAGE OF OAK BR00K
CONTRACT FOR THE CONSTRUCTION
OF OAK BR00K GOLF CLUB
PARKING LOT LIGHTING IMPROVEMENTS
APPENDIX 2
BONDS
ロ APPENDIX 2
Village of Oak Brook
Oak Brook(3olf Club Parking Lot Lighting lmprovements
(CBBEL Proect No 160597 00040)
PERFORⅣlANCE BOND
KNOW ALL MEN BY THESE PMSENTS:
[insert contractor name and address here:]
as Principal (hereinafter called the "Contractor") and
[insert surety name and address here:]
organized and existing under the laws of the State of
(hereinafter called the "Surety") are held and firmly bound unto Village of Oak
Brook, 1200 Oak Brook Road, Oak Brook, Illinois, as the obligee (hereinafter called the "Owner"), in
the full and just sum of [insert full contract price here:] $.for the
payment of which sum of money well and truly to be made, the Contractor and the Surety bind
themselves and their heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents, said amount to include payment of actual costs and damages and for attorneys'
fees, architectural fees, design fees, engineering fees, accounting fees, testing fees, consulting fees,
administrative costs, court costs, interest and any other fees and expenses resulting from or incurred by
reason of the Contractor's failure to promptly and faithfully perform its contract with the Owner, said
contract being more fully described below, and to include attorneys' fees, court costs and administrative
and other expenses necessarily paid or incurred in successfully enforcing performance of the obligation
ofthe Surety under this bond.
WFIEREAS, the Contractor has entered into a written agreement dated [insert contract date
here:] , 202_, with the Owner titled [insert contract title here:]
(thC
"Contract"), the terms and conditions of which are by this reference incorporated herein as though fully
set forth herein.
NOV/, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if thc
Contractor shall well, truly, and promptly perform all the undertakings, covenants, terms, conditions,
and agreements of the Contractor under the contract, including but not limited to the Contractor's
obligations under the Contract, (l) to provide, perform, and complete at the Work Site and in the manner
specified in the Contract all necessary Work, labor, services, transportation, equipment, materials,
apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data, and other
means and items necessary for [insert general description of the Work here:]
; (2) to procure
and furnish all permits, licenses, and other governmental approvals and authorizations necessary in
connection therewith [except as otherwise expressly provided in the Attachment _ of the ContractJ;
(3) to procure and furnish all bonds, certificates, and policies ofinsurance specified in the Contract; (4)
to pay all applicable federal, state, and local taxes; (5) to do all other things required ofthe Contractor
by the Contract; and (6) to provide, perform, and complete all of the foregoing in a proper and
workmanlike manner and in full compliance with, and as required by and pursuant to, the Contract; all
of which is herein referred to as the "'Work," whether or not any of the Work enter into and become
component parts of the improvement contemplated, then this obligation shall be null and void; otherwise
it shall remain in full force and effect.
The Surety, for value received, hereby stipulates and agrees that no changes, modifications,
alterations, omissions, deletions, additions, extensions of time, or forbearances on the part of the Owner
APPENDIX 2
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
or the Contractor to the other in or to the terms of said Contract; in or to the schedules, plans, drawings,
or specifications; in or to the method or manner of performance of the Work; in or to Owner-furnished
facilities, equipment, material, service, or site; or in or to the mode or manner of payment therefore shall
in any way release the Contractor and the Surety or either or any of them, or any oftheir heirs, executors,
administrators, successors, or assigns, or affect the obligations ofthe Surety on this bond, all notice of
any and all of the foregoing changes, modifications, alterations, omissions, deletions, additions,
extensions of time, or forbearances and notice of any and all defaults by the Contractor or of the Owner's
termination of the Contractor being hereby waived by the Surety.
Notwithstanding anl,thing to the contrary in the foregoing paragraph, in no event shall the
obligations of the Surety under this bond in the event of the Contractor's default be greater than the
obligations of the Contractor under the Contract in the absence of the Contractor default.
In the event of a default or defaults by the Contractor, the Owner shall have the right to take
over and complete the Contract on 30 calendar days' written notice to the Surety, in which event the
Surety shall pay the Owner all costs incurred by the Owner in taking over and completing the Contract.
At its option, the Owner may instead requestthat the Surety take overand complete the Contract,
in which event the Surety shall take reasonable steps to proceed promptly with completion no later than
30 calendar days after the date on which the Owner notifies the Surety that the Owner wants the Surety
to take over and complete the Contract.
The Owner shall have no obligation to actually incur any expense or correct any deficient
performance of the Contractor to be entitled to receive the proceeds of this bond.
No right ofaction shall accrue on this bond to or forthe use ofany person or corporation other
than the Owner or the heirs, executors, administrators, or successors of the Owner.
Signed and sealed this
Attest/Witness:
day of 202
PRINCIPAL
By:
Title:
By:
Title:
By:
By:
Attest/Witness:SURETY
By:
APPENDIX 2
By:
Village of Oak Brook
Oak Brookく 3olf Club Parking Lot Lighting lmprovements
(CBBEL Prolect No 160597 00040)
LABOR AND MATERIALS PAYⅣIENT BOND
KNOW ALL MEN BY THESEPMSENTS:
[insert contractor name and address here:]
as Principal (hereinafter called the "Contractor") and
[insert surety name and address here:]
organized and existing under the laws of the State of
(hereinafter called the "Surety") are held and firmly bound unto Village of Oak
Brook, 1200 Oak Brook Road, Oak Brook, Illinois, as the obligee (hereinafter called the "Owner"), for
the use and benefit of itself and of claimants as hereinafter defined (the "Claimants") in the full and just
sum of[insert full contract price here:] $.to be paid to the Owner or the
Claimants or the Owner's or the Claimant's assigns, to which payment well and truly to be made the
Contractor and the Surety bind themselves and their heirs, executors, administrators, successors, and
assigns, jointly and severally, firmly by these presents, said amount to include attorney's fees, court
costs, and administrative and other expenses necessarily paid or incurred in successfully enforcing
performance of the obligation of the Surety under this bond.
WFIEREAS, the Contractor has entered into a written agreement dated [insert contract date
here:]202_, with the Owner titled [insert contract title here:]
." (the "Contract"), the
terms and conditions of which are by this reference incorporated herein as though fully set forth herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if thc
Contractor shall promptly pay or cause to be paid all sums of money that may be due to any Claimant
with respect to the Contractor's obligations under the Contract: (l) to provide, perform, and complete
at the Work Site and in the manner specified in the Contract all necessary Work, labor, services,
transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste
disposal, information, data and other means and items necessary for [insert general description of the
Work here:]
; (2) to procure and fumish all permits,
licenses, and other govemmental approvals and authorizations necessary in connection therewith
[except as otherwise expressly provided in Attachment A to the ContractJ; (3) to procure and fumish
all Bonds and all certificates and policies of insurance specified in the Contract; (4) to pay all applicable
federal, state, and local taxes; (5) to do all other things required ofthe Contractor by the Contract; and
(6) to provide, perform, and complete all of the foregoing in a proper and workmanlike manner and in
full compliance with, and as required by or pursuant to, the Contract; all of which is herein referred to
as the "Work," whether or not any of said Work enter into and become component parts of the
improvement contemplated, then this obligation shall be null and void; otherwise it shall remain in full
force and effect.
For purpose of this bond, a Claimant is defined as one having a direct contract with the
Contractor or with a subcontractor of the Contractor to provide, perform, or complete any part of the
Work.
The Contractor and the Surety hereby jointly and severally agree that every Claimant that has
not had all just claims for the fumishing 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 fumishing of any part of the
APPENDIX 2
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
Work, may sue on this bond for the use of that Claimant, may prosecute the suit to final judgment for
such sum or sums as may be justly due that Claimant, and may have execution therein; provided,
however, that the Owner shall not be liable for the payment of any costs or expenses of any such suit.
The provisions of 30 ILCS 550/l and 2 of the Illinois Compiled Statutes shall be deemed inserted herein,
including the time limits within which notices of claim must be filed and actions brought under this
bond.
The Contractor and the Surety hereby jointly agree that the Owner may sue on this bond if the
Owner is held liable to, or voluntarily agrees to pay, any Claimant directly, but nothing in this bond shall
create any duty on the part of the Owner to pay any Claimant.
The Surety, for value received, hereby stipulates and agrees that no changes, modifications,
alterations, omissions, deletions, additions, extensions of time, or forbearances on the part of the Owner
or the Contractor to the other in or to the terms of the Contract; in or to the schedules, plans, drawings,
or specifications; in or to the method or manner of performance of the Work; in or to Owner-furnished
facilities, equipment, material, service, or site; or in or to the mode or manner of payment therefor shall
in any way release the Contractor and the Surety or either or any of them, or any of their heirs, executors,
administrators, successors, or assigns, or affect the obligations ofthe Surety on this bond, all notice of
any and all of the foregoing changes, modifications, alterations, omissions, deletions, additions,
extensions oftime, or forbearances and notice of any and all defaults by the Contractor or of the Owner's
termination of the Contractor being hereby waived by the Surety.
Signed and sealed this
Attest/Witness:
day of 202
CONTRACTOR
By:
Title:
By:
Title:
Attest/Witness:SURETY
By:
By:
#35028042 vl
APPENDiX 2
VILLAGE OF OAKBR00K
OAK BR00K GOLF CLUB
PARKING LOT L:GHTING IMPROVEMENTS
PRO」ECT DESCRIPT10N
BENCHMARK
CHR:STOPHER B BURKE ENCINEER!NG,lTD
IB (347)82い 0500
INDEX
SHEET mtE
LOCAT10N
|………
GENERAL NOTES
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LANDSCAPING NOTES
T0 00NTRACTOR:
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訃撤紳}[静
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,200 0AK BR00K ROADOAK BROOK, It 60523
OAK BR00K COUNTRY CLUB
L:GHTING DETAILS {1 0F 4)5|l l
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訃撒紳}[∬
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…ELECTR:C CONDulT:NSTALLAT10N
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LiGHTING DETAILS 14 0F 418
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL ProieCt No.16059700040)
VILLAGE OF OAK BR00K
CONTRACT FOR THE CONSTRUCTION
OF OAK BR00K GOLF CLUB
PARKING LOT LIGHTING IMPROVEMENTS
BID PACKAGE
NOTICE OF AWARD
TO: Utility Dynamics Corporation
23 Commerce Drive
FROM: Villagc of Oak Brook
1200 0ak Brook Rd
Oswcgo,IL 60543 Oak Brook , IL
("Owner")("Contractor")
On December 14 ,20 2l , Owner found to be most favorable to the interests of Owner
the Bidder's Proposal submitted by Contractor and dated December 2 ,204_, in which
Contractor proposes to contract with Owner, in the follll of the Contract included in the Bid
Packagc to perfollll the fo1lowing Work:(1)to prO宙 de,perfollll and complete at the Work She
and in the manner described and specifled in the Bid Package aH nccessary work,labor,scrvices,
transportation,equipment,inaterials,apparatus,rnachinery,tools,fuels,gas,electric,water,waste
disposal, infollllation, data and other means and itcms neccssary for the street irnprovement
prtteCt;(2)to prOCure and fumish an permits,licenses and other govemmental approvals and
authorizations necessary in connection therewith except as otherЧ ′ise cxpressly provided in
Attachment A to the Contract included in the Bid Packagc;(3)to prOCurc and fumish an Bonds
and an certiflcates and policies ofinsurance specifled in the Bid Package;(4)to pay aH appHcable
federal,state and local taxcs;(5)to do a11 0ther things required ofthc Contractor by the Contract;
and(6)to prOVide,perform and complete aH ofthe foregoing in a proper and workmanlike manncr
and in full oompliance with,and as rcquired by or pursuant to,the Contract.
OWNER ACCORDINGLY AWARDS CONTRACTOR,EFFECT11円 E AS OF THE DATE
OF DELIVERY OF THIS NOTICE OF AWARD,THE CONTRACT FOR SAID WORK
FOR THE LUⅣIP SUⅣI AND/OR UNIT PRICES,AS THE CASE ⅣlAY BE,SET FORTH
IN THE BIDDER'S PROPOSAL.
The Contract will be finalized and executed on ,20 22 , at the above listed
office of Owner. The Contract will be executed by Owner provided that all conditions precedent
to finalization have been satisfied. Contractor must have complied with all conditions precedent
to finalization set forth in Section l5 of the General Instructions to Bidders included in the Bid
Package, on or before this date.
The failure or refusal to comply with the conditions precedent to finalization on or before the
Finalization Date or to execute the Contract on the Finalization Date shall result, at Owner's
Page 1 NO丁 :CE OF AWARD
oak Brook Gorr ctub parkins 1", LisYlff:;i:"*::Xi!
(CBBEL Project No. 160597.00040)
option, in the imposition of liquidated damages and the annulment of this award, or in Owner's
exercise of any or all equitable remedies Owner may have, all as more specifically set forth in
Sections 8, 15, and 16 of the General Instructions to Bidders.
DATED: January 3 ,2022
Village
By:
Village Clerk
Page 2 NOttlCE OF AWARD
Vil!age of Oak Brook
Oak Brook Golf C!ub Parking Lot Lighting lmprovements
(CBBEL Project No 160597 00040)
VILLAGE OF OAK BR00K
VILLAGE OF OAK BR00K
CONTRACT FOR THE CONSTRUCT10N
OF OAK BR00K GOLF CLUB
PARKING LOT LIGHTING IMPROVEMENTS
ARTICLE I
l.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
ARTICLE II
2.1
2.2
ARTICLE IⅡ
3.1
3.2
3.3
ARTICLE IV
TABLE OF CONTENTS
Page
The Work ....................1
Performance of the Work ...............1
Commencement and Completion Dates ............2
Required Submittals ......................2
Review and Interpretation of Contract Provisions .............. 3
Conditions at the Work Site; Record Drawings ...................3
Technical Ability to Perform. ........4
Financial Ability to Perform. .........4
Time.......... ....................4
Safety at the Work Site............ .......5
Cleanliness of the Work Site and Environs .........................5
Damage to the Work, the Work Site, and Other Property......................5
Subcontractors and Suppliers ........6
Simultaneous Work By Others .........................6
Occupancy Prior to Final Payment............. ...... 6.
Owner's Right to Terminate or Suspend Work for Convenience ..........6
Changes and Delays .....................7
Changes ....................... 7
Delays .........................7
Contractor's Responsibility for Defective Work ............8
lnspection; Testing; Correction of Defects.. ........................8
Warranty of Work..... .....................8
Owner's Right to Correct ...............9
Financial Assurances................. .....................9
Bonds .......9
Insurance... .................... 9
Indemnification............ ................. l0
4.1
4.2
4.3
Page I CONTRACT
ARTICLE V
5.1
5.2
5.3
5.4
5.5
5.6
ARTICLE VI
6.1
6.2
6.3
6.4
6.5
ARTICLE VⅡ
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
7.11
7.12
7.13
7.14
7.15
7.16
Contractor's Certifi cation
Attachment A:
Attachment B:
Appendix 1:
Appendix 2:
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
Payment. .........10
Contract Price......... ..................... 10
Taxes and Benefits ................ ....... 10
Progress Payments.. .....................10
FinalAcceptanceandFinalPayment............. ...................11
Liens......... ................ 11
Deductions ................12
Disputes and Remedies.............. ................... 13
Dispute Resolution Procedure ..... 13
Contractor's Remedies ................ 13
Owner's Remedies.. ..................... 13
Owner's Special Remedy for Delay ............... 15
Terminations and Suspensions Deemed for Convenience ................... 15
Legal Relationships and Requirements............. ............ 15
Binding Effect .......... 15
Relationship of the Parties....... .......................15
No Collusion/Prohibited Interests .................. 15
Assignment................. ................. 16
Confidential Information................ ................ 16
No Waiver ................16
No Third Party Beneficiaries........ ..................17
Notices ......................l7
Goveming Laws ......... .................17
Changes in Laws...... .................... 18
Compliance with Laws ................ 18
Compliance with Patents................ ................ 19
Time.......... ................ 19
Severability ................19
Entire Agreement .......20
Amendments............... .................20
Supplemental Schedule of Contract Terms
Specifications and Special Provisions
Prevailing Wage Ordinance
Bonds
Page 2 CONttRACT
oak Brook Gorr crub parkins L"t LiJ]lffii;i:"*fi:Xil
(CBBEL Project No. 160597.00040)
VILLAGE OF OAK BROOK
CONTRACT FOR THE CONSTRUCTION
OF OAK BROOK GOLF CLUB
PARKING LOT LIGHTING IMPROVEMENTS
In consideration of the mutual promises set forth below, the Village of Oak Brook, 1200
Oak Brook Road, Oak Brook, IL 60523-2255,an Illinois municipal corporation ("Owner"),and
[name and address of successful bidderJ, a [form of organizationJ ("Contractor"), make this
Contract as of ,20_, (the "Effective Date") and hereby agree as follows:
ARTICLE I: THE WORK
1.1 Performance of the Work
Contractor, at its sole cost and expense, must provide, perform, and complete all of the
following, all of which is herein referred to as the "Worlf':
l.Labor" Equipment. Materials. and Supplies. Provide, perform, and complete, in
the manner described and specified in this Contract, all necessary work, labor,
services, transportation, equipment, materials, apparatus, machinery, tools,
fuels, gas, electric, water, waste disposal, information, data, and other means and
items necessary to accomplish the Project at the Work Site, both as defined in
Attachment A, in accordance with the specifications attached hereto as
Attachment B, the drawings identified in the list attached hereto as Attachment
C, and the Geotechnical Report attached hereto as Attachment D, the IDOT
Highway Standards attached hereto as Attachment E.
Permits. Except as otherwise provided in Attachment A, procure and fumish all
permits, licenses, and other governmental approvals and authorizations
necessary in connection therewith.
Bonds and Insurance. Procure and furnish all Bonds and all certificates of
insurance specified in this Contract.
Taxes. Pay all applicable federal, state, and local taxes.
Miscellaneous. Do all other things required of Contractor by this Contract,
including without limitation arranging for utility and other services needed for
the Work and for testing, including the installation of temporary utility lines,
wiring, switches, fixtures, hoses, connections, and meters, and providing
sufficient sanitary conveniences and shelters to accommodate all workers and
all personnel of Owner engaged in the Work.
2.
3.
4.
Page 3 CONTRACT
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
6. Oualit),. 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, with only new, undamaged and first quality
equipment, materials, and supplies.
1.2 Commencement and Completion Dates
Contractor must commence the Work not later than the "Commencement Date" set forth
on Attachment A and must diligently and continuously prosecute the Work at such a rate as
will allow the Work to be fully provided, performed, and completed in full compliance with
this Contract not later than the "Completion Date" set forth in Attachment A. The time of
commencement, rate of progress, and time of completion are referred to in this Contract as the
"Contract Time."
1.3 Required Submittals
A. Submittals Required. Contractor must submit to Owner all documents, data, and
information specifically required to be submitted by Contractor under this Contract and must,
in addition, submit to Owner all such drawings, specifications, descriptive information, and
engineering documents, data, and information as may be required, or as may be requested by
Owner, to show the details of the Work, including a complete description of all equipment,
materials, and supplies to be provided under this Contract ("Required Submittals"). Such
details must include, but are not limited to, design data, structural and operating features,
principal dimensions, space required or provided, clearances required or provided, type and
brand of finish, and all similar matters, for all components of the Work.
B. Number and Format. Contractor must provide three (3) complete sets for each Required
Submittal. All Required Submittals must be prepared on white 8-ll?"xll" paper.
C. Time of Submission and Owner's Review. All Required Submittals must be
provided to Owner no later than the time, if any, specified in this Contract for their submission
or, if no time for submission is specified, in sufficient time, in Owner's sole opinion, to permit
Owner to review the same prior to the commencement of the part of the Work to which they
relate and prior to the purchase of any equipment, materials, or supplies that they describe.
Owner will have the right to require such corrections as may be necessary to make such
submittals conform to this Contract. All such submittals will, after final processing and review
with no exception noted by Owner, become a part of this Contract. No Work related to any
submittal may be performed by Contractor until Owner has completed review of such submittal
with no exception noted. Owner's review and stamping of any Required Submittal will be for
the sole purpose of examining the general management, design, and details of the proposed
Work, does not relieve Contractor of the entire responsibility for the performance of the Work
in full compliance with, and as required by or pursuant to this Contract, and rnay not be regarded
as any assumption of risk or liability by Owner.
Page 4 CONTRACT
oak Brook Gorr crub parkins 1", u#lff:,li:"x[,?:Xil
(CBBEL Project No. 160597.00040)
D. Responsibility for Dela)r. Contractor is responsible for any delay in the Work
due to delay in providing Required Submittals conforming to this Contract.
1.4 Review and Interpretation of Contract Provisions
Contractor represents and warrants that it has carefully reviewed this Contract,
including all of its Attachments, and the drawings identified in Attachment C, all of which are
by this reference incorporated into and made a part of this Contract. Contractor must, at no
increase in the Contract Price, provide workmanship, equipment, materials, and supplies that
fully conform to this Contract. Whenever any equipment, materials or supplies are specified or
described in this Contract by using the name or other identiffing feature of a proprietary product
or the name or other identifying feature of a particular manufacturer or vendor, the specific item
mentioned is understood as establishing the type, function and quality desired. Other
manufacturers' or vendors' products may be accepted, provided that the products proposed are
equivalent in substance and function to those named as determined by Owner in its sole and
absolute discretion.
Contractor must promptly notiff Owner of any discrepancy, error, omission, ambiguity,
or conflict among any of the provisions of this Contract before proceeding with any Work
affected thereby. If Contractor fails to give such notice to Owner, then the subsequent decision
of Owner as to which provision of this Contract governs is final, and any corrective work
required does not entitle Contractor to any damages, to any compensation in excess of the
Contract Price, or to any delay or extension of the Contract Time.
When the equipment, materials, or supplies furnished by Contractor cannot be installed
as specified in this Contract, Contractor must, without any increase in the Contract Price, make
all modifications required to properly install the equipment, materials, or supplies. Any such
modification is subject to the prior review and consent of Owner.
1.5 Conditions at the Work Sitet Record Drawinss
Contractor represents and warrants that it has had a sufficient opportunity to conduct a
thorough investigation of the Work Site and the surrounding area and has completed such
investigation to its satisfaction. Contractor will have no claim for damages, for compensation
in excess of the Contract Price, or for a delay or extension of the Contract Time based upon
conditions found at, or in the vicinity of, the Work Site. When information pertaining to
subsurface, underground or other concealed conditions, soils analysis, borings, test pits, utility
locations or conditions, buried structures, condition of existing structures, and other
investigations is or has been provided by Owner, or is or has been otherwise made available to
Contractor by Owner, such information is or has been provided or made available solely for the
convenience of Contractor and is not part of this Contract. Owner assumes no responsibility
whatever in respect to the sufficiency or accuracy of such information, and there is no guaranty
orwarranty, either expressed or implied, that the conditions indicated are representative ofthose
existing throughout the Work or the Work Site, or that the conditions indicated are
representative of those existing at any particular location, or that the conditions indicated may
not change, or that unanticipated conditions may not be present.
Page 5 CONTRAC丁
oak Brook Gotr crub parkins ,-", .,nYlff:;i:"ffi:Xil
(cBBEL Project No. 160597.00040)
Contractor is solely responsible for locating all existing underground installations by
prospecting no later than two workdays prior to any scheduled excavation or trenching,
whichever is earlier. Contractor must check all dimensions, elevations, and quantities indicated
in this Contract within the same time period as set forth above for prospecting underground
installations. Contractor must lay out the Work in accordance with this Contract and must
establish and maintain such locations, lines and levels. Wherever pre-existing work is
encountered, Contractor must verifr and be responsible for dimensions and location of such
pre-existing work. Contractor must notify Owner of any discrepancy between the dimensions,
elevations and quantities indicated in this Contract and the conditions of the Work Site or any
other errors, omissions or discrepancies which Contract may discover during such inspections.
Full instructions will be furnished by Owner should such error, omission, or discrepancy be
discovered, and Contractor must carry out such instructions as if originally specified and
without any increase in Contract Price.
Before Final Acceptance of the Work, Contractor must submit to Owner two sets of
Drawings of Record, unless a greater number is specified elsewhere in this Contract, indicating
all field deviations from Attachment B or the drawings identified in Attachment C.
1。6Technical Ability to Perform
Contractor represents and warrants that it is sufficiently experienced and competent, and
has the necessary capital, facilities, plant, organization, and staff, to provide, perform and
complete the Work in full compliance with, and as required by or pursuant to, this Contract.
1.7 Financial Abili8 to Perform
Contractor represents and warrants that it is financially solvent, and Contractor has the
financial resources necessary to provide, perform and complete the Work in full compliance
with, and as required by or pursuant to, this Contract.
1.8 Time
Contractor represents and warrants that it is ready, willing, able and prepared to begin
the Work on the Commencement Date and that the Contract Time is sufficient time to permit
completion of the Work in full compliance with, and as required by or pursuant to, this Contract
for the Contract Price, all with due regard to all natural and man-made conditions that may
affect the Work or the Work Site and all difficulties, hindrances, and delays that may be incident
to the Work.
1.9 Safetv at the Work Site
Contractor is solely and completely responsible for providing and maintaining safe
conditions at the Work Site, including the safety of all persons and property during performance
of the Work. This requirement applies continuously and is not limited to normal working hours.
Page 6 CONttRACT
oak Brook Gorrcrub parkins 1", u;'1ffi:;i:"?5?:Xi:
(CBBEL Project No. 160597.00040)
Contractor must take all safety precautions as necessary to comply with all applicable laws and
to prevent injury to persons and damage to property.
Contractor must conduct all of its operations without interruption or interference with
vehicular and pedestrian traffic on public and private rights-of-way, unless it has obtained
permits therefor from the proper authorities. If any public or private right-of-way are rendered
unsafe by Contractor's operations, Contractor must make such repairs or provide such
temporary ways or guards as are acceptable to the proper authorities.
1.10 Cleanliness of the Work Site and Environs
Contractor must keep the Work Site and adjacent areas clean at all times during
performance of the Work and must, upon completion of the Work, leave the Work Site and
adjacent areas in a clean and orderly condition.
1.11 Damage to the Work. the Work Site. and Other Propertv
The Work and everything pertaining thereto is provided, performed, completed, and
maintained at the sole risk and cost of Contractor from the Commencement Date until Final
Payment. Contractor is fully responsible for the protection of all public and private property
and all persons. Without limiting the foregoing, Contractor must, at its own cost and expense,
provide all permanent and temporary shoring, anchoring and bracing required by the nature of
the Work in order to make all parts absolutely stable and rigid, even when such shoring,
anchoring and bracing is not explicitly specified, and support and protect all buildings, bridges,
roadways, conduits, wires, waterpipes, gas pipes, sewers, pavements, curbs, sidewalks, fixtures
and landscaping of all kinds and all other public or private property that may be encountered or
endangered in providing, performing and completing the Work. Contractor will have no claim
against Owner because of any damage or loss to the Work or to Contractor's equipment,
materials, or supplies from any cause whatsoever, including damage or loss due to simultaneous
work by others. Contractor must, promptly and without charge to Owner, repair or replace, to
the satisfaction of Owner, any damage done to, and any loss suffered by, the Work and any
damage done to, and any loss suffered by, the Work Site or other property as a result of the
Work. Notwithstanding any other provision of this Contract, Contractor's obligations under
this Section exist without regard to, and may not be construed to be waived by, the availability
or unavailability of any insurance, either of Owner or Contractor, to indemnifu, hold harmless,
or reimburse Contractor for the cost of any repair or replacement work required by this Section.
l.l2 Subcontractors and Suppliers
A. Approval and Use of Subcontractors and Suppliers. Contractor must perform
the Work with its own personnel and under the management, supervision, and control of its
own organization unless otherwise approved by Owner in writing. All subcontractors,
suppliers, and subcontracts used by Contractor must be acceptable to, and approved in advance
by, Owner. Owner's approval of any subcontractor, supplier, and subcontract does not relieve
Contractor of full responsibility and liability for the provision, performance, and completion of
the Work in full compliance with, and as required by or pursuant to, this Contract. All Work
PageT CONTRACT
oak Brook Gorr crub parkins L"t Li#ili;S:;i3ffi:Xil
(CBBEL Project No. 160597.00040)
performed under any subcontract is subject to all of the provisions of this Contract in the same
manner as if performed by employees of Contractor. Every reference in this Contract to
"Contractor" is deemed also to refer to all subcontractors and suppliers of Contractor. Every
subcontract must include a provision binding the subcontractor or supplier to all provisions of
this Contract.
B. Removal of Subcontractors and Suppliers. If any subcontractor or supplier fails
to perform the part of the Work undertaken by it in a manner satisfactory to Owner, Contractor
must immediately upon notice from Owner terminate such subcontractor or supplier.
Contractor will have no claim for damages, for compensation in excess of the Contract Price,
or for a delay or extension of the Contract Time as a result of any such termination.
1.13 Simultaneous Work By Others
Owner has the right to perform or have performed such other work as Owner may desire
in, about, or near the Work Site during the performance of the Work by Contractor. Contractor
must make every reasonable effort to perform the Work in such manner as to enable both the
Work and such other work to be completed without hindrance or interference from each other.
Contractor must afford Owner and other contractors reasonable opportunity for the execution
of such other work and must properly coordinate the Work with such other work.
l,l4 Occupancv Prior to Final Pavment
Owner will have the right, at its election, to occupy, use, or place in service any part of
the Work prior to Final Payment. Such occupancy, use, or placement in service must be
conducted in such manner as not to damage any of the Work or to unreasonably interfere with
the progress of the Work. No such occupancy, use, or placement in service may be construed
as an acceptance of any of the Work orarelease orsatisfaction of Contractor's duty to insure
and protect the Work, nor may it, unless conducted in an unreasonable manner, be considered
as an interference with Contractor's provision, performance, or completion of the Work.
1.15 Owner's Right to Terminate or Suspend Work for Convenience
A. Termination or Suspension for Convenience. Owner has the right, for its
convenience, to terminate or suspend the Work in whole or in part at any time by written notice
to Contractor. Every such notice must state the extent and effective date of such termination or
suspension. On such effective date, Contractor must, as and to the extent directed, stop Work
under this Contract, cease all placement of further orders or subcontracts, terminate or suspend
Work under existing orders and subcontracts, cancel any outstanding orders or subcontracts that
may be cancelled, and take any action necessary to protect any property in its possession in
which Owner has or may acquire any interest and to dispose of such property in such manner
as may be directed by Owner.
B. Payment for Completed Work. In the event of any termination pursuant to
Subsection I . I 5,{ above, Owner must pay Contractor ( I ) such direct costs, excluding overhead,
as Contractor has paid or incurred for all Work done in compliance with, and as required by or
Page 8 CONTRACT
oak Brook Gorr crub parkins L"t Li#1ff:;iffi:fi:Tl
(CBBEL Project No. 160597.00040)
pursuant to, this Contract up to the effective date of termination together with ten percent of
such costs for overhead and profit; and (2) such other costs pertaining to the Work, exclusive
of overhead and profit, as Contractor may have reasonably and necessarily incurred as the result
of such termination. Any such payment may be offset by any prior payment or payments and
is subject to Owner's rights to withhold and deduct as provided in this Contract.
ARTICLE II: CHANGES AND DELAYS
2.1 Chanees
Owner has the right, by written order executed by Owner, to make changes in the
Contract, the Work, the Work Site, and the Contract Time ("Change Order"). If any Change
Order causes an increase or decrease in the amount of the Work, an equitable adjustment in the
Contract Price or Contract Time may be made. All claims by Contractor for an equitable
adjustment in either the Contract Price or the Contract Time must be made within two business
days following receipt of such Change Order, and may, if not made prior to such time, be
conclusively deemed to have been waived. No decrease in the amount of the Work caused by
any Change Order will entitle Contractor to make any claim for damages, anticipated profits,
or other compensation.
2.2 Delavs
A. Extensions for Unavoidable Delays. For any delay that may result from causes
that could not be avoided or controlled by Contractor, Contractor must, upon timely written
application, be entitled to issuance of a Change Order providing for an extension of the Contract
Time for a period of time equal to the delay resulting from such unavoidable cause. No
extension of the Contract Time will be allowed for any other delay in completion of the Work.
B. No Compensation for Delays. No payment, compensation, damages, or
adjustment of any kind, otherthan the extension of the Contract Time provided in Subsection
2.2A above, may be made to, or claimed by, Contractor because of hindrances or delays from
any cause in the commencement, prosecution, or completion of the Work, whether caused by
Owner or any other party and whether avoidable or unavoidable.
ARTICLE IⅡ:CONTRACTOR'S RESPONSIBILITY
FOR DEFECTIVE WORK
Inspection:Testing:Correction of Defects
A. Inspection. Until Final Payment, all parts of the Work are subject to inspection
and testing by Owner or its designated representatives. Contractor must fumish, at its own
expense, all reasonable access, assistance, and facilities required by Owner for such inspection
and testing.
3.1
Page 9 CONTRACT
oak Brook Gorrcrub parkins r", LisYlliS:;i:"?:,i:XiX
(CBBEL Project No. 160597.00040)
B. Re-Inspection. Re-inspection and re-testing of any Work may be ordered by
Owner atany time, and, if so ordered, any covered or closed Work must be uncovered or opened
by Contractor. If the Work is found to be in full compliance with this Contract, then Owner
must pay the cost of uncovering, opening, re-inspecting, or re-testing, as the case may be. If
such Work is not in full compliance with this Contract, then Contractor must pay such cost.
C. Correction. Until Final Payment, Contractor must, promptly and without
charge, repair, correct, or replace all or any part of the Work that is defective, damaged, flawed,
or unsuitable or that in any way fails to conform strictly to the requirements of this Contract.
3.2 Warranty of Work
A. Scope of Warrantv. Contractor warrants that the Work and all of its components
will be free from defects and flaws in design, workmanship, and materials; must strictly
conform to the requirements of this Contract; and will be fit, sufficient, and suitable for the
purposes expressed in, or reasonably inferred from, this Contract. The warranty herein
expressed is in addition to any other warranties expressed in this Contract, or expressed or
implied by law, which are hereby reserved unto Owner.
B. Repairs: Extension of Warranty. Contractor, promptly and without charge, must
correct any failure to fulfill the above warranty that may be discovered or develop at any time
within one year after Final Payment or such longer period as may be prescribed in Attachment B
to this Contract or by law. The above warranty may be extended automatically to cover all
repaired and replacement parts and labor provided or performed under such warranty and
Contractor's obligation to correct Work may be extended for a period of one year from the date
of such repair or replacement. The time period established in this Subsection 3.2B relates only
to the specific obligation of Contractor to correct Work and may not be construed to establish
a period of limitation with respect to other obligations that Contractor has under this Contract.
C. Subcontractor and Supplier Warranties. Whenever Attachment B requires a
subcontractor or supplier to provide a guaranty or warranty, Contractor is solely responsible for
obtaining said guaranty or warranty in form satisfactory to Owner and assigning said warranty
or guaranty to Owner. Acceptance of any assigned warranties or guaranties by Owner is a
precondition to Final Payment and does not relieve Contractor of any of its guaranty or warranty
obligations under this Contract.
3.3 Owner's Riqht 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 of this Contract, Contractor neglects to make,
or undertake with due diligence to make, the necessary corrections, then Owner is entitled to
make, either with its own forces or with contract forces, the corrections and to recover from
Contractor all resulting costs, expenses, losses, or damages, including attorneys' fees and
administrative expenses.
Page 10 CONTRACT
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
ARTICLE IV: FINANCIAL ASSURANCES
4。1Bonds
Contemporaneous with Contractor's execution of this Contract, Contractor must
provide a Performance Bond and a Labor and Material Payment Bond, on forms provided by,
or otherwise acceptable to, Owner, from a surety company licensed to do business in the State
of Illinois with a general rating of A and a financial size category of Class X or better in Best's
Insurance Guide, each in the penal sum of the Contract Price ("Bonds"). Contractor, at all times
while providing, performing, or completing the Work, including, without limitation, at all times
while correcting any failure to meet warranty pursuant to Section 3.2 of this Contract, must
maintain and keep in force, at Contractor's expense, the Bonds required hereunder.
4.2 fnsurance
Contractor hereby agrees and will, at its expense, carry insurance pursuant to the terms,
conditions, and coverages set forth in Attachment A.
4.3 Indemnification
Contractor hereby agrees to and will indemnify and save harmless Owner and all of it
elected officials, officers, employees, attomeys, agents, and representatives against any and all
lawsuits, claims, demands, damages, liabilities, losses, and expenses, including attorneys' fees
and administrative expenses, that may arise, or be alleged to have arisen, out of or in connection
with Contractor's perfornance of, or failure to perform, the Work or any part thereof, whether
or not due or claimed to be due in whole or in part to the active, passive, or concurrent
negligence or fault of Contractor, except to the extent caused solely by the negligence of
Owner.
ARTICLE V:PAYMENT
5。1Contract Price
Owner must pay to Contractor, in accordance with and subject to the terms and
conditions set forth in this Article V and Attachment A, and Contractor must accept in full
satisfaction for providing, performing, and completing the Work, the amount or amounts set
forth in Attachment A (the "Contract Price"), subject to any additions, deductions, or
withholdings provided for in this Contract.
5.2 Taxes and Benefits
Owner is exempt from and will not be responsible to pay, or reimburse Contractor for,
any state or local sales, use, or excise taxes. The Contract Price includes all other applicable
federal, state, and local taxes of every kind and nature applicable to the Work as well as all
taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits,
Page 1 1 CONttRAC丁
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pensions, annuities, or other similar benefits. All claim or right to claim additional
compensation by reason of the payment of any such tax, contribution, or premium is hereby
waived and released by Contractor.
5.3 Progress Payments
A. Payment in lnstallments. The Contract Price must be paid in monthly
installments in the manner set forth in Attachment A ("Progress Payments").
B. Pay Requests. Contractor must, as a condition precedent to its right to receive
each Progress Payment, submit to Owner a pay request in the form provided by Owner ("Pay
Request"). The first Pay Request must be submitted not sooner than 30 days following
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. Each Pay Request
must include (a) Contractor's certification of the value of, and partial or final waivers of lien
covering, all Work for which payment is then requested and (b) Contractor's certification that
allprior Progress Payments have been properly applied to the payment or reimbursement of the
costs with respect to which they were paid.
C. Work Entire. This Contract and the Work are entire and the Work as a whole is
of the essence of this Contract. Notwithstanding any other provision of this Contract, each and
every part of this Contract and of the Work are interdependent and common to one another and
to Owner's obligation to pay all or any part of the Contract Price or any other consideration for
the Work. Any and all Progress Payments made pursuant to this Article are provided merely
for the convenience ofContractor and for no other purpose.
5,4 Final Acceptance and Final Pavment
A. Notice of Completion. When the Work has been completed and is ready in all
respects for acceptance by Owner, Contractor must notify Owner and request a final inspection
("Notice of Completion"). Contractor's Notice of Completion must be given sufficiently in
advance of the Completion Date to allow for scheduling of the final inspection and for
completion or correction before the Completion Date of any items identified by such inspection
as being defective, damaged, flawed, unsuitable, nonconforming, incomplete, or otherwise not
in full compliance with, or as required by or pursuant to, this Contract ("Punch List Worll').
B. Punch List and Final Acceptance. The Work may be finally accepted when, and
only when, the whole and all parts thereof have been completed to the satisfaction of Owner in
full compliance with, and as required by or pursuant to, this Contract. Upon receipt of
Contractor's Notice of Completion, Owner must make a review of the Work and notify
Contractor in writing of all Punch List Work, if any, to be completed or corrected. Following
Contractor's completion or correction of all Punch List Work, Owner must make another review
of the Work and prepare and deliver to Contractor either a written notice of additional Punch
List Work to be completed or corrected or a written notice of final acceptance of the Work
("Final Acceptance").
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C. Final Payment. As soon as practicable after Final Acceptance, Contractor must
submit to Owner a properly completed final Pay Request in the form provided by Owner (" Final
Pay Requesl"). Owner must pay to Contractor the balance of the Contract Price, after deducting
therefrom all charges against Contractor as provided for in this Contract ("Final Payment").
Final Payment must be made not later than 60 days after Owner approves the Final Pay Request.
The acceptance by Contractor of Final Payment will operate as a full and complete release of
Owner of and from any and all lawsuits, claims, demands, damages, liabilities, losses, and
expenses of, by, or to Contractor for anything done, furnished for, arising out of, relating to, or
in connection with the Work or for or on account of any act or neglect of Owner arising out of,
relating to, or in connection with the Work.
5.5 Liens
A. Title. Nothing in this Contract may be construed as vesting in Contractor any
right of property in any equipment, materials, supplies, and other items provided under this
Contract after they have been installed in, incorporated into, attached to, or affixed to, the Work
or the Work Site. All such equipment, materials, supplies, and other items will, upon being so
installed, incorporated, attached or affixed, become the property of Owner, but such title will
not release Contractor from its duty to insure and protect the Work in accordance with the
requirements of this Contract.
B. Waivers of Lien. Contractor must, from time to time at Owner's request and in
any event prior to Final Payment, furnish to Owner such receipts, releases, affidavits,
certificates, and other evidence as may be necessary to establish, to the reasonable satisfaction
of Owner, that no lien against the Work or the public funds held by Owner exists in favor of
any person whatsoever for or by reason of any equipment, material, supplies, or other item
fumished, labor performed, or other thing done in connection with the Work or this Contract
(" Lien") and that no right to file any Lien exists in favor of any person whatsoever.
C. Removal of Liens. If at any time any notice of any Lien is filed, then Contractor
must, promptly and without charge, discharge, remove, or otherwise dispose of such Lien. Until
such discharge, removal, or disposition, Owner will have the right to retain from any money
payable hereunder an amount that Owner, in its sole judgment, deems necessary to satisfy such
Lien and to pay the costs and expenses, including attorneys' fees and administrative expenses,
of any actions brought in connection therewith or by reason thereof.
D. Protection of Owner Only. This Section does not operate to relieve Contractor's
surety or sureties from any of their obligations under the Bonds, nor may it be deemed to vest
any right, interest, or entitlement in any subcontractor or supplier. Owner's retention of funds
pursuant to this Section is deemed solely for the protection of its own interests pending removal
of such Liens by Contractor, and Owner will have no obligation to apply such funds to such
removal but may, nevertheless, do so where Owner's interests would thereby be served.
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5.6 Deductions
A. Owner's Right to Withhold. Notwithstanding any other provision of this
Contract and without prejudice to any of Owner's other rights or remedies, Owner will have
the right at any time or times, whether before or after approval of any Pay Request, to deduct
and withhold from any Progress or Final Payment that may be or become due under this
Contract such amount as may reasonably appear necessary to compensate Owner for any actual
or prospective loss due to: (l) Work that is defective, damaged, flawed, unsuitable,
nonconforming, or incomplete; (2) damage for which Contractor is liable under this Contract;
(3) state or local sales, use, or excise taxes from which Owner is exempt; (4) Liens or claims of
Lien regardless of merit; (5) claims of subcontractors, suppliers, or other persons regardless of
merit; (6) delay in the progress or completion of the Work; (7) inability of Contractor to
complete the Work; (8) failure of Contractor to properly complete or document any Pay
Request; (9) any other failure of Contractor to perform any of its obligations under this
Contract; or (10)the cost to Owner, including attorneys'fees and administrative costs, of
correcting any of the aforesaid matters or exercising any one or more of Owner's remedies set
forth in Section 6.3 of this Contract.
B. Use of Withheld Funds. Owner is entitled to retain any and all amounts withheld
pursuant to Subsection 5.6,{ above until Contractor has either performed the obligations in
question or furnished security for such performance satisfactory to Owner. Owner is entitled
to apply any money withheld or any other money due Contractor under this Contract to
reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments,
awards, attomeys' fees and administrative expenses incurred, suffered, or sustained by Owner
and chargeable to Contractor under this Contract.
ARTICLE VI: DISPUTES AND REMEDIES
6.1 Dispute Resolution Procedure
A. Notice of Disputes and Obiections. If Contractor disputes or objects to any
requirement, direction, instruction, interpretation, determination, or decision of Owner,
Contractor may notiff Owner in writing of its dispute or objection and of the amount of any
equitable adjustment to the Contract Price or Contract Time to which Contractor claims it will
be entitled as a result thereof; provided, however, that Contractor must, nevertheless, proceed
without delay to perform the Work as required, directed, instructed, interpreted, determined, or
decided by Owner, without regard to such dispute or objection. Unless Contractor so notifies
Owner within two business days after receipt of such requirement, direction, instruction,
interpretation, determination, or decision, Contractor is conclusively deemed to have waived
all such disputes or objections and all claims based thereon.
B. Negotiation of Disputes and Objections. To avoid and settle without litigation
any such dispute or objection, Owner and Contractor agree to engage in good faith negotiations.
Within three business days after Owner's receipt of Contractor's written notice of dispute or
objection, a conference between Owner and Contractor will be held to resolve the dispute.
Page 14 CONttRACT
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Within three business days after the end of the conference, Owner must render its final decision,
in writing, to Contractor. If Contractor objects to the final decision of Owner, then it must,
within three business days, give Owner notice thereof and, in such notice, must state its final
demand for settlement of the dispute. Unless Contractor so notifies Owner, Contractor will be
conclusively deemed (l) to have agreed to and accepted Owner's final decision and (2) to have
waived all claims based on such final decision.
6.2 Contractor's Remedies
If Owner fails or refuses to satisfu a final demand made by Contractor pursuant to
Section6.l of this Contract, or to otherwise resolve the dispute which is the subject of such
demand to the satisfaction of Contractor, within l0 days after receipt of such demand, then
Contractor will be entitled to pursue such remedies, not inconsistent with the provisions of this
Contract, as it may have in law or equity.
Owner's Remedies
If it should appear at any time prior to Final Payment that Contractor has failed or
refused to prosecute, or has delayed in the prosecution of, the Work with diligence at a rate that
assures completion of the Work in full compliance with the requirements of this Contract on or
before the Completion Date, or has attempted to assign this Contract or Contractor's rights
under this Contract, either in whole or in part, or has falsely made any representation or
warranty in this Contract, or has otherwise failed, refused, or delayed to perform or satisfu any
other requirement of this Contract or has failed to pay its debts as they come due ("Event of
Defoult"), and has failed to cure any such Event of Default within five business days after
Contractor's receipt of written notice of such Event of Default, then Owner will have the right,
at its election and without prejudice to any other remedies provided by law or equity, to pursue
any one or more of the following remedies:
l. 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.
Owner may perform or have performed all Work necessary for the
accomplishment of the results stated in Paragraph I above and withhold or
recover from Contractor all the cost and expense, including attomeys' fees and
administrative costs, incurred by Owner in connection therewith.
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.
2.
3.
Page 15 CONttRACT
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(CBBEL Project No. 160597.00040)
Owner may terminate this Contract without liability for further payment of
amounts due or to become due under this Contract.
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.
Upon any termination of this Contract or of Contractor's rights under this
Contract, and at Owner's option exercised in writing, any or all subcontracts and
supplier contracts of Contractor will be deemed to be assigned to Owner without
any further action being required, but Owner may not thereby assume any
obligation for payments due under such subcontracts and supplier contracts for
any Work provided or performed prior to such assignment.
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.
Owner may recover any damages suffered by Owner.
6.4 Owner's Additional Remedy for Delay
If the Work is not completed by Contractor, in full compliance with, and as required by
or pursuant to, this Contract, within the Contract Time as such time may be extended by Change
Order, then Owner may invoke its remedies under Section 6.3 of this Contract or may, in the
exercise of its sole and absolute discretion, permit Contractor to complete the Work but charge
to Contractor, and deduct from any Progress or Final Payments, whether or not previously
approved, administrative expenses and costs for each day completion of the Work is delayed
beyond the Completion Date, computed on the basis of the "Per Diem Administrative Charge"
set forth in Attachment A, as well as any additional damages caused by such delay.
6.5 Terminations and Suspensions Deemed for Convenience
Any termination or suspension of Contractor's rights under this Contract for an alleged
default that is ultimately held unjustified will automatically be deemed to be a termination or
suspension for the convenience of Owner under Section 1 . 1 5 of this Contract.
4.
5。
6.
7.
8.
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ARTICLE VII: LEGAL RELATIONSHIPS
AND REQUIREMENTS
7.1 Bindine Effect
This Contract is binding on Owner and Contractor and on their respective heirs,
executors, administrators, personal representatives, and permitted successors and assigns.
Every reference in this Contract to a party is deemed to be a reference to the authorized officers,
employees, agents, and representatives of such party.
7.2 Relationship of the Parties
Contractor will act as an independent contractor in providing and performing the Work.
Nothing in, nor done pursuant to, this Contract may be construed (l) to create the relationship
of principal and agent, panners, or joint venturers between Owner and Contractor or (2) except
as provided in Paragraph 6.3(6) above, to create any relationship between Owner and any
subcontractor or supplier of Contractor.
7.3 No Collusion/Prohibited lnterests
Contractor hereby represents that the only persons, firms, or corporations interested in
this Contract as principals are those disclosed to Owner prior to the execution of this Contract,
and that this Contract is made without collusion with any other person, firm, or corporation. If
at any time it is found that Contractor has, in procuring this Contract, colluded with any other
person, firm, or corporation, then Contractor will be liable to Owner for all loss or damage that
Owner may suffer thereby, and this Contract will, at Owner's option, be null and void.
Contractor hereby represents and warrants that neither Contractor nor any person
affiliated with Contractor or that has an economic interest in Contractor or that has or will have
an interest in the Work or will participate, in any manner whatsoever, in the Work is acting,
directly or indirectly, for or on behalf of any person, group, entity or nation named by the United
States Treasury Department as a Specially Designated National and Blocked Person, or for or
on behalf of any person, group, entity or nation designated in Presidential Executive Order
13224 as a person who commits, threatens to commit, or supports terrorism, and neither
Contractor nor any person affiliated with Contractor or that has an economic interest in
Contractor or that has or will have an interest in the Work or will participate, in any manner
whatsoever, in the Work is, directly or indirectly, engaged in, or facilitating, the Work on behalf
ofany such person, group, entity or nation.
7.4 Assisnment
Contractor may not (l) assign this Contract in whole or in part, (2) assign any of
Contractor's rights or obligations under this Contract, or (3) assign any payment due or to
become due under this Contract without the prior express written approval of Owner, which
approval may be withheld in the sole and unfettered discretion of Owner; provided, however,
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that Owner's prior written approval will not be required for assignments of accounts, as defined
in the Illinois Commercial Code, if to do so would violate Section 9-318 of the Illinois
Commercial Code, 810ILCS 519-318. Owner may assign this Contract, in whole or in part, or
any or all of its rights or obligations under this Contract, without the consent of Contractor.
7.5 Confidential Information
All information supplied by Owner to Contractor for or in connection with this Contract
or the Work must be held confidential by Contractor and may not, without the prior express
written consent of Owner, be used for any purpose other than performance of the Work.
7.6 No Walver
No examination, inspection, investigation, test, measurement, review, determination,
decision, certificate, or approval by Owner, nor any order by Owner for the payment of money,
nor any payment for, or use, occupancy, possession, or acceptance of, the whole or any part of
the Work by Owner, nor any extension of time granted by Owner, nor any delay by Owner in
exercising any right under this Contract, nor any other act or omission of Owner may constitute
or be deemed to be an acceptance of any defective, damaged, flawed, unsuitable,
nonconforming or incomplete Work, equipment, materials, or supplies, nor operate to waive or
otherwise diminish the effect of any warranty or representation made by Contractor; or of any
requirement or provision of this Contract; or of any remedy, power, or right of Owner.
7.7 No Third Partv Beneficiaries
No claim as a third party beneficiary under this Contract by any person, firm, or
corporation other than Contractor may be made or be valid against Owner.
7.8 Notices
All notices required or permitted to be given under this Contract must be in writing and
are deemed received by the addressee thereof when delivered in person on a business day at the
address set forth below or on the third business day after being deposited in any main or branch
United States post office, for delivery at the address set forth below by properly addressed,
postage prepaid, certified or registered mail, retum receipt requested.
Notices and communications to Owner must be addressed to, and delivered at, the
following address:
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Attention: Rania Serences
Page 18 CONTRACT
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
Notices and communications to Contractor must be addressed to, and delivered at, the
following address:
with a copv to:
[name of successful bidderl
[address of s uccessful bidder I
The foregoing may not be deemed to preclude the use of other non-oral means of
notification or to invalidate any notice properly given by any such other non-oral means.
By notice complying with the requirements of this Section, Owner and Contractor each
have the right to change the address or addressee or both for all future notices to it, but no notice
of a change of address is effective until actually received.
7.9 Governing Laws
This Contract and the rights of Owner and Contractor under this Contract will be
interpreted according to the internal laws, but not the conflict of laws rules, of the State of
Illinois; venue for any action related to this Contract will be in the Circuit Court of DuPage
County, Illinois.
7.10 Chanses in Laws
Unless otherwise explicitly provided in this Contract, any reference to laws includes
such laws as they may be amended or modified from time to time.
7.ll Compliance with Laws
A. Compliance Required. Contractor must give all notices, pay all fees, and take
all other action that may be necessary to ensure that the Work is provided, performed, and
completed in accordance with all required governmental permits, licenses or other approvals
and authorizations that may be required in connection with providing, performing, and
completing the Work, and with all applicable statutes, ordinances, rules, and regulations,
including without limitation the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et seq. (see
Subsection C of this Section) (a copy of Owner's ordinance ascertaining the prevailing rate of
wages, in effect as of the date of this Contract, has been attached as an Appendix to this
Contract; if the Illinois Department of Labor revises the prevailing rate of hourly wages to be
paid, the revised rate applies to this Contract); any other applicable prevailing wage laws; the
Fair Labor Standards Act; any statutes regarding qualification to do business; any statutes
requiring preference to laborers of specified classes; the Illinois Steel Products Procurement
Act, 30 ILCS 565/l et seq.; any statutes prohibiting discrimination because of,, or requiring
affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited
classification, including, without limitation, the Americans with Disabilities Act of 1990, 42
U.S.C. $$ 12101 et seq., the Illinois Human Rights Ac!775 ILCS 5/l-101 et seq., and the
Public Works Discrimination Act, 775 ILCS l0/0.01 et Spg.; and any statutes regarding safety
or the performance of the Work, including the Illinois Underground Utility Facilities Damage
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Prevention Act,220ILCS 50/l et seq., and the Occupational Safety and Health Act of 1970,29
U.S.C. $$ 651 et scg.
B. Liabilitv for Fines" Penalties. Contractor is solely liable for any fines or civil
penalties that are imposed by any governmental or quasi-governmental agency or body that
may arise, or be alleged to have arisen, out of or in connection with Contractor's, or its
subcontractors' or suppliers', performance of, or failure to perform, the Work or any part
thereof.
C. Prevailing Wage Act.
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.
Certified Payroll. Contractor shall, in accordance with Section 5 of the Illinois Prevailing Wage
Act, 820 ILCS 130/5, submit to the Village, and upon activation of the database provided by
820 ILCS 130/5.1 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.
D. Required Provisions Deemed lnserted.
Every provision of law required by law to be inserted into this Contract is deemed to be inserted
herein.
7.12 Compliance with Patents
A. Assumption of Costs. Royalties. and Fees. Contractor will pay or cause to be
paid all costs, royalties, and fees arising from the use on, or the incorporation into, the Work,
of patented equipment, materials, supplies, tools, appliances, devices, processes, or inventions.
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B. Effect of Contractor Being Enjoined. Should Contractor be enjoined from
fumishing or using any equipment, materials, supplies, tools, appliances, devices, processes, or
inventions supplied or required to be supplied or used under this Contract, Contractor must
promptly offer substitute equipment, materials, supplies, tools, appliances, devices, processes,
or inventions in lieu thereof, of equal efficiency, quality, suitability, and market value, for
review by Owner. If Owner should disapprove the offered substitutes and should elect, in lieu
of a substitution, to have supplied, and to retain and use, any such equipment, materials,
supplies, tools, appliances, devices, processes, or inventions as may by this Contract be required
to be supplied, Contractor must pay such royalties and secure such valid licenses as may be
requisite and necessary for Owner to use such equipment, materials, supplies, tools, appliances,
devices, processes, or inventions without being disturbed or in any way interfered with by any
proceeding in law or equity on account thereof. Should Contractor neglect or refuse to make
any approved substitution promptly, or to pay such royalties and secure such licenses as may
be necessary, then Owner will have the right to make such substitution, or Owner may pay such
royalties and secure such licenses and charge the cost thereof against any money due Contractor
from Owner or recover the amount thereof from Contractor and its surety or sureties
notwithstanding that Final Payment may have been made.
7.13 Time
The Contract Time is of the essence of this Contract. Except where otherwise stated,
references in this Contract to days is construed to refer to calendar days.
7.14 Severabilitv
The provisions of this Contract will be interpreted when possible to sustain their legality
and enforceability as a whole. In the event any provision of this Contract is held invalid, illegal,
or unenforceable by a court of competent jurisdiction, in whole or in part, neither the validity
of the remaining part of such provision, nor the validity of any other provisions of this Contract
will be in any way affected thereby.
7.15 Entire Aqreement
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.
7.16 Amendments
No modification, addition, deletion, revision, alteration or other change to this Contract
is effective unless and until such change is reduced to writing and executed and delivered by
Owner and Contractor.
Page 21 CONttRAC丁
Village of Oak Brook
Oak Brook Golf Club Parking Lot Lighting lmprovements
(CBBEL Project No. 160597.00040)
IN WITNESS WHEREOF, Owner and Contractor have caused this Contract to be
executed by their properly authorized representatives in two original counterparts as of the
Effective Date.
Village of Oak Brook
By:
Name:
Title:
Attest:
By:
Name:
Titlc:
[name of contractorl Utilily Dynamics Corporation
By:
Name:
Title:
Attest:
By:
Name:
Title:
Vice President
Phillp A.Whalen
Page22 CONTRACT
r」ASUREtty
801 Warrenville Road Matt Horan
Suite 700 UnderwritingConsultant
Lisle, IL 60532 630-719-6388
j ame s. h or an@c nas ur ety. c om
December 2,202L
Village of Oak Brook
1200 Oak Brook Road
Oak Brook,lL 60532
Re: Surety Bond Commitment Letter - Oak Brook Golf Club Parking Lot Lighting
Improvements
To Whom It May Concern:
We are writing to you at the request of Utility Dynamics Corporation who is a valued client of
Western Surety Company. Western Surety Company is rated A XIV and is licensed to do
business in all 50 states.
It has been the privilege of Western Surety Company to provide surety bonds on behalf of Utility
Dynamics Corporation for 20 years. We have supported Utility Dynamics Corporation on single
projects in excess of $12,000,000 and aggregate surety programs of up to $20,000,000. We
continue to be confident in Utility Dynamic Corporation's management and abilities.
It is our intention to become surety on the performance bond and labor and material payment
bond required by the contract for the above-mentioned projecl. This is contingent upon our
satisfaction with the contract documents and Utility Dynamics continuing to satisfy all other
underwriting considerations. Any arrangement for bonds required by the conract is a maffer
between Utility Dynamics and the surety and we assume no liability to you or your third parties,
if for whatever reason we do not execute these bonds. Any specific request for bonds will be
underwritten on its own merits.
Sincerely,
Matt Horan
Attorney-in-Fact
HUB lnternational.com
1411 Opus Place, Suit e 450
Downers Grove, lL 60515
TollJree: 888-236-951 4
hublnternational.com
November 24,202t
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, lL 60523
RE: Oak Brook Golf Club Parking Lot Lighting lmprovements
To Whom lt MaY Concern:
Hub lnternational has read the insurance requirements set forth in the Contract and will issue a
certificate of insurance on behalf of Utility Dynamics Corporation, upon award of the Contract.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
/
Jermaine Jarrett, CRIS, CLCS
Account Manager
Direct: (630)468-5615
Fax: (866)501-8853
Email: Jermaine.jarrett@ hubinternationa l.com
O HUB
THE AMERiCAN INSTITUTE OF ARCHiTECTS
ハlA Doctrmenfハ 3′0Bid Bond
KNOW ALL MEN BY THESE PRESENTS,THAT旺
23 Commerce DHve Osweao.:L60543
Utilitv Dvnamics Corporation
as Principai,hettinafter ca∥ed the Principa:,and western Surety Companv
801 Warrenvi∥e Road.Lisle.IL 60532
a corporation duly organized under the laws of tha State of
as Surety,heneinaner called the Surety,are held and l酬 y bound unto
1200 0ak Brook Rd. Oak Brook,:L 60523
Vi!!age of Oak Brook
IL
as Obligee, hereinafter called the Obllgee, in the sum of Five Percent of Amount Bid
Dollars($
for the payment of which sum well and truly to be mede, the said Principal and the saicl Surety, bind ourselves, our heirs,
execulors, administrators, suocessors and assigns, jointly an<l severally, firmly by these presents.
MERttAS,the Principal has submitted a bid for Oak Brook Golf Club Parking Lot Lighting lmprovements
NOW THEREFORE, if the Obl(yee shall accept the bid of the Principal and the Principal shall enter inlo a Contract with
the Obligee in accordance with lhe terms of such bicl, and give such bond or bonds as may be specified in the bldding or
Contract Documents wlth goocl and sufiicient surety for the laithful performance of such Contract end for the prompt
paymenl of labor and matorials fumished in the prosecution thoreof, or in tho event of the failure of the Principal to enter
such Contracl and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specifiect in sald bid and such larger amount for which the Obligee may in good faith
contract with anolher party to pefform the VVork covered by said bid, then this oblbation shall be null and wid, othemise
to remain in fullforce aM effect.
Spned and sealed this day of December 2021
´
Maday
, President
BID 30ND O AIA●FEBRrARY 1970 ED●THE AMERICAN
INSTITtrTE O「ARC11lTECTS,1735N.Y.AVL,NoW.,WASHINCTON,D.C.2嘔
G‐23208-B
STATE OF
COUNTY OF
SS
|∥inois
DuPaqe
L 」enniferJ McComb Notary Public of DuPaoe County,
in the State of ,do hereby certify that 」amesI Moore
Aflorney-in-Fact, ofthe Western Suretv Comoanv
who is personally known to me to be the same person whose name
subscribed to lhe foregoing instrument, app€ared belore me lhis day ln person, and
acknowledged that he signed, sealed 8nd deli\rered said instrument, for and on bohslf of the
Western Surew ComDanv
for the uses and purposes therein set forlh.
Given under my hand end notarial seal al my office in lhe City of Downers Grove
in said County,this 2nd day of December AD, 2021
My Commission expires: Ssptelnb_el 10r20?q
′
Mrtstern Sulety Comparry
POWf,R OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-N.TACT
Xoo$ All M.o 8y Th.r. Pr.!!n!, Th.l WESTERN SURETY COMPANY, . Soulh &tolr corpora[on, k a duly orSrnizrd aod sxislin8 mryoration
l,lving irs prirrip€l offic. in th. City of Siour Falk. rd Stll. of South Dstota, and lhal it do€s by vinu! of $€ sigrstur. and s.!l hcrch sflix.d hcllby
matc, constitu. and appoinl
James I. Moore, Individually
of , DOwnerS GfOVe, lL . ili truc ond lcwful Anomey(s)-in.Fad with full po*cr and aufioriry hcrehy corfcrcd to si8,l, sesl end cxccute for and
on ils hchslfbonds, undcdakiogs lod oth€r obligltory in$rurlcnls of similar nsurt
- ln Unllmlted Amounts -
suruyBonaNo.r Bid Bofld
rrincipat Utili$ Dynamics Corporation
ohrise4 Village of Oak Brook
and ro bind il rhereby &s 6rlly .nd ro rhe ss,ne exted s6 ifsuch in$ nents $,ere signed by a duly sulhorizcd ofiicer olthe corpo.etioo md ill (hc acls of$id
Artom€y, pulur lo the suthority h€r€by giv.n, aft henby ctificd end coDfinned.
Tfik Power ofAitomey is mrd! and execued p r6usnt to and by authorig oflh. By-llw pri ed on lhe r.vefte hereof, duly sdopaed,6s indicated, by
lhc Eharcholdcts oflhe corpontion.
Ir wlt|ter. Wh6.of, WESTERN SUR€TY COMPAI.IY has crused thes. prescnrs lo bc signed bl ils vice Presidcnt and ars coqrorEtc scrl lo bc
hcrcro allrcd on lhir I6lh dly ofrune, 2m L
srne ofsourh Dslo.r \ "counly ofMinndurr! )
On thir 16fid.y ofJurF,202l, bcforu . lefionslly crrn P.ol T. Bnrflal,lo me known, *ho, b.in8 by m. duly swon\ did d.pose.nd 3ry: dlat h€
rcsid.s in rh. Ciry ofsioux F.lb, Sratc ofsou0 Da&oqi thd h. is lhe Vice Prcsidc ofwESTERN SURETY COMPAI{Y dcac.ib.d iD and which .x.coLd
lhe !bo!e innn mar ; that hc tnos! thc 6c!l of seid corporedon; thrl the seat affixed to the irid insttuftetu is .uch co+oraie seal firl h $,as 30 afiired
pursuanr to authority giv.n by thc Bosd of Dir.clon of i.id corpomlion rnd thal he si8ned his nam€ thcr€lo pursuanl to like allho.ity, ,nd ickmwl.dg€s
samc !o be dr Et Ind &€d of sid corpotrlion.
Mッ com■)lslon expl■sMarch 2,2026 臨
WESTERN SURETY COMPANY
CERTIFICATE
I, L. Nllson, tusisraot &crllry of WESTERN SURETY COMPANY do [.r.by c.niry thrl lhc Po*rr of Aoom.y hlEin.bov. !.r fonh ir still in
foicc, snd furh.r ccri0 thrl thc By-hw oflhr corpondoh pritucd on thc rcvcrsc hcEof ir stillio forcc. In tctimony wlErcof I hsvc heftuto lubs.rib.d
my nairr and aliircd thc s.sl ofth. laid corloratioo thi6 2nd day ofDecamber, 2021-
WESTERN SURETY COMPANY
Fo●n F4280,2012
ぃ Vicc PIc,11cnt
Sccrclary
Go to !4!I!I!.A!g!gg49m > Owner ,/ Obllgce Slrvlces > Valldate Bord Coverate, ll you want to verlry bond authei lclty.