Loading...
R-1990 - 01/25/2022 - ENGINEERING - Resolutions THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION NUMBER 2022-PW-AG-R-1990 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND BURKE, LLC GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk LAURENCE HERMAN MICHAEL MANZO JAMES NAGLE A. SURESH REDDY EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 25th day of January 2022 RESOLUTION NO. 2022-PW-AG-R-1990 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND BURKE, LLC WHEREAS, the Village of Oak Brook is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS, the Village of Oak Brook (hereinafter referred to as "Village") upon approval of the corporate authorities may enter into an Agreement with another party pursuant to Illinois Statute; WHEREAS, Burke, LLC. (hereinafter referred to as "Company") has submitted a proposal to the Village for the Construction Management Contract (hereinafter referred to as the "Agreement") for Designer-Led Design-Build Project for Brook Forest, Regent Dr. Bridge, Trinity Lakes Bike Path, and Spring Road Water Main Resurfacing Improvements in an amount not-to- exceed $5,123,225.00; WHEREAS, the Village has utilized similarly structured designer-led design-build processes for past projects which have demonstrated a number of significant benefits to the Village including, but not limited to, project completion both under budget and ahead of schedule; WHEREAS, the Village believes that by approving the Agreement using said designer-led design-build processes can yield similar, if not greater benefits, that the Village has observed in the past; WHEREAS, the Village is interested in contracting with Company for the purpose of providing construction management services for the improvements set forth herein; and WHEREAS, the Village of Oak Brook Corporate Authorities are of the opinion that it is in the best interest of the Village of Oak Brook to enter into the attached agreement with Burke, LLC for the purpose referenced herein. NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows: Section One— Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this resolution are full, true and correct and do hereby, by reference, incorporate and make them part of this resolution as legislative findings. 2 Section Two —Approval of Agreement The Village hereby approves the Agreement substantially in the form attached hereto and made a part hereof collectively as Exhibit A. Section Three—Authorization and Direction The Village Manager is hereby authorized to execute, and the Village Clerk is hereby authorized to attest the Agreement, substantially in the form of such agreement attached hereto as Exhibit A, with such changes therein as shall be approved by the Village Attorney and the officials of the Village executing the same,their execution thereof to constitute exclusive evidence of their approval to any and all changes or revisions therein from and after the execution and delivery of such Agreement. Section Four- Other Actions Authorized The officers, employees and/or agents of the Village shall take all actions necessary or reasonably required to carry out and give effect to the intent of this resolution and otherwise to consummate the transactions contemplated herein, and shall take all actions necessary in conformity therewith including, without limitation, the execution and delivery of all documents required to be delivered in connection with the transaction contemplated herein. Section Five -Authorization of Expenditures The Corporate Authorities hereby authorize and direct the expenditure of all costs related to the execution of the Agreement, additionally, the Village is authorized and directed to allocate and spend all necessary funds to fulfill the requirements of the Agreement and of this Resolution. Section Six—Waiver of Bidding Process To the extent that any requirement of bidding would be applicable to the transactions contemplated hereunder, the same is hereby waived. Section Seven - Acts of Village Officials That all past, present and future acts and doings of the officials of the Village that are in conformity with the purpose and intent of this resolution are hereby, in all respects, ratified, approved, authorized and confirmed. Section Eight—Effective Date This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. Section Nine - Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. 3 Section Ten—Conflict Clause All resolutions, parts of resolutions or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section Eleven —Saving Clause If any section, paragraph, clause or provision of this resolution is declared by a court of law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution, which are hereby declared to be separable. Section Twelve—Recording This resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. APPROVED THIS 25th day of January 2022. Gopal G. Lalmalani Village President PASSED THIS 25th day of January 2022. Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf Ayes: Nays: None None Absent: G Of 0qk ATTEST: C: Charlotte K. Pruss 9 ,moo Village Clerk COUNTY y 4 Exhibit A Agreement 5 ri i`K�;-c•�• REVIEW OF CONTRACTS Contract: (Awarding Agency: -- - - --- - ogram/Account Number: � pe rtment: Budgeted Amount: Awarded Contract Price: UUnder $20,000 [] $500,001 - $1,000,000 [] $20,000 - $500,000 Over $1,000,000 rc, rr - E Ir i kA-. to f� -� I n��r�o.� l� 4 6" Date: 1 Name: /�� 2 i Name: Date: Date: jL Name: �—i� Name: Date: ( /22 _ 1J__ Three (3) Originals signed by other party Date/Initials _ Original provided to staff member for other party Date/Initials Date/Initials _ C] Original provided to Official Files Village of Oak Brook I Approved by Board of Trustees- Date/Initials:- STANDARD FORM OF AT-RISK CONSTRUCTION MANAGEMENT CONTRACT FOR DESIGNER-LED DESIGN-BUILD PROJECT OWNER: Village of Oak Brook, Illinois 1200 Oak Brook Road Oak Brook, IL 60523 CONSTRUCTION MANAGER Burke, LLC 9575 West Higgins Road Suite 600 Rosemont, IL 60018-4920 PROJECT. Brook Forest, Regent Dr. Bridge, Trinity Lakes Bike Path, and Spring Rd. Water Main Break Resurfacing Improvements CONTRACT DATE' GUARANTEED MAXIMUM PRICE $5,123,225 SUBSTANTIAL COMPLETION DATE July 29. 2022 R'\propoWs 1022A)A Brook-Brook Faea Sneer tmprovm"W'"Brook Cooar uoo Mmsgemenr('muw.01062022 do ARTICLE 1 - RELATIONSHIP OF THE PARTIES 1.1 Relationship, The Relationship between the Owner and the Construction Manager with regard to the Project shall be one of good faith and fair dealing. The Construction Manager agrees to provide the design, construction, management and administration services as set forth in greater detail below. 1.2 Engineer. The Engineer for the Project is Christopher B. Burke Engineering, Ltd., a separate company and legal entity closely affiliated with the Construction Manager. ARTICLE 2 - DEFINITIONS 2.1 Contract Documents. The Contract Documents consist of: .1 Change Orders and written amendments to this Contract signed by both the Owner and Construction Manager; .2 This Contract; .3 Surveys, geo-technical information and other information provided by the Owner and Construction Manager pursuant to this Contract; In case of any inconsistency, conflict or ambiguity among the Contract Documents. the Documents shall govern in the order in which they are listed above. 2.2 Day. A "Day"shall mean one calendar day. 2.3 Hazardous Material. A Hazardous Material Isubstance aeany rial other substance ornow or in hmaterial e future as hazardous under any federal, state or local law orregulation,ation, o which may be considered hazardous or otherwise subject to statutory or regulatory requirements governing handling, disposal and/or cleanup. 2.4 Owner. The Owner for the purposes of this Contract is the Village of Oak Brook, Illinois, an Illinois municipal corporation. 2.5 Subcontractor. A Subcontractor is a person or entity who has an agreement with the Construction Manager to perform any portion of the Work, and includes vendors or material suppliers but does not include the Engineer, any separate contractor employed by the Owner or any separate contractor's subcontractor. 2.5 Substantial Completion. Substantial Completion of the Work, or of a designated portion of the Work, act occurs on the othatdate the Owner can construction beginto occupysufficiently utili ecomplete Projectcorordance with the he designated portion,Documents s for the use for which it is intended. 2 2.6 Subsubcontractor. A Subsubcontractor entity who has an agreement with a Subcontractor to perform any portion of the Subcontractor's work services to be 2.7 The Work. The Work consists of all of the and the Subcontractors rent underdth s Contract nas well as any performed by the Construction Manager a other services which are necessary to complete the Project in accordance with and reasonably inferable from the Contract Documents. ARTICLE 3 -CONSTRUCTION MANAGER'S RESPONSIBILITIES on cution 3.1 Commencement, The Construction Manager ymutualC agreement,eement, the Consmence the Work t ctionXeMa Manager may Contract. The parties contemplate t y commence certain portions of the C rk,ntrsin reaanPe on the Pr celSchedurocurement of long lle Guaranteems and site preparation, prior to execution of this ions of the rk at the 3.2 General Requirements. The Construction Wath 9s owner all perform personne1.those All otherportionsof theoWor�k shall Construction Manager customarily penstruction the Co be performed by Subcontractorlection or naocess shall beer other roas'ate set forth en Article 4h The Construction Manager. The Subcontractor se p Manager shall exercise reasonable skill ces and comply wthfn the perforall laws and o d nances legallyve actedhat Construction Manager shall give a not the date of execution of this Contract which govern performance of the Work, 3.3 Schedule. The Construction tesaforger shall the start andntain in written complet on of van rm a schedule of the Work. The schedule shall indicate the da us stages of the construction and shall be revised as required by the conditions of the Work. The schedule may contain dates when he Owner- and oth thewner and the information, decisions and approvals are best required efforts o tcomply with the time requOements of the Construction Manager agree os schedule. 3.4 Meetin s. The Construction Manager shall schedule and conduct meetings at which the appropriate f the Work. The Construction Manager shall prepare and promptly parties can discuss the status o distribute meeting minutes. 3.5 Reports. The Construction Manager shall provide monthly written reports to the Owner on the progress of the Work which shall include the current status of the Work in relation to the construction schedule as well as adjustments to the construction schedule necessary to meet the Substantial Completion date. The Construction Manager shall maintain a daily log containing a record of weather, Subcontractors working on the site, number of easonablykrequire. plThedlogrshae bems lable o the Owner upon ncountered and other similar relevant data as the Ownery reasonable advance notice. lop a tem of cost control for the ng 3.6 Cost Control. The of astral ion costs forager shall activit es andeprogress sand estimates for uncompleted tasks and regular monitoring of actual proposed changes. The tConstruction the Owne Manager in shall identify ten variances etween actual and estimate costs and report the variances epor 3.7 Safety. The Construction Manager shall take necessary precautions for the safety of its employees on the Project and shall comply with all applicable provisions of federal, state and local safety laws and regulations to prevent accidents or injuries to persons on or adjacent to the Projecect and site. Construction Manager, directly or through its Subcontra utbl c: Howeverrs, shall e, the Construction Manager necessary safeguards for the protection of workers and the por ise shall not be responsible for the elimination or abatement by someone other thanards of safety haztthe Construction resulting from any work at the Project site being peave no Manager, a Subcontractor or Subsubcontractor The and beshall hn charge ofor resonsibility anyrsafety control programs or precautions in connection with the Wk over any construction means, methods, techniques, sequences or procedures. he To the extent known to the Construction Manager, theConstruction iManagerperforshall inform n or t ectOor wner f any safety hazards created or otherwise resulting f Y than the Construction Manager such as sub-contractors or sub performed by someone other subcontractors and observed by the ConstructionManager. te 3.g Cleanu . The Construction Manager shall keeps}on ofhe he Work, the Construction Manager of the Work free from debris and ors is materials resulting from the Work. At the comp meet, tools, surplus Subcontractors shall remove from the site of the Work all construction equip materials, waste materials and debris. to 3.9 Hazardous Materials. The Construction Man oa9SrMaterial discovered hall not be tat the cP Project commence to rcontinue has been Work, until any known or suspected Haza d removed or rendered or determined to be harmless by the Owner as ThertCo stbruct on Manager 1shall'be laboratory and approved by the appropriate government agency. e of responsible for retaining an independent tesateriating lb The Consry to truction'Manager ne the shall notbeequered encountered and whether it is a Hazardous M Hazardous to perform any Work relating to or in the area i °the a eaknown oaffec edcbydany Hazardous Material' only upon mutual agreement and shall resume Worked or written agreement between the parties after the liana/ costs and/azardous or delayed due o the presenced has been remov eof harmless. If the Construction Manager incurs known or suspected Hazardous Materials um Pricer and/or the date ofa aSubstantial Completion.Change r To equitably adjusting the Guaranteed Max regardless of fullest extent permitted by law, the Owner nst uctionhall ndMan geemnify andEng ne a�mael s Subcont actors f and negligence or other liability, the Co of Subsubcontractors, and the agents, s,officers, ors and employees oexpenses, whether direct, indi ectloroconsequentialt any and all claims, damages, losses, co including but not limited to attorney's fees,The terms of this indem niflcatio arising out of or relatinto thenshall surviveocomple on or erformanc any area affected by Hazardous Material. termination of this Contract. and cense fees which may be 3.11 Intellectual Property. The Construction Manager shalht dl pay mat alals,royalties thods or l systems selected by the due on the inclusion of any patented or copyrighted Construction Manager and incorporated in all su soot claims for infringementnof anyrpatent lrights nor indemnify and hold the Owner harmless from copyrights arising out of such selection. on er shall 3.12 Completion. At or promptly after the dateu ortapprovaantial t and deliver�them totheOwner-, collect all secure required certificates of inspection, testing the written warranties and equipment manuals he dChe deliver of theu�it es the and eoperations of 'sy terns f and Owner's maintenance personnel, direct equipment for readiness, and assist in their initial start-up and testing; provide the Owner with a set o 4 throughout the Project; and record drawings which the �wneruatpuncion hals t of items of Work nager shall have ayet t beintained completed. Nothing herein prepare and forward to the shall relieve the Construction Manager from its obligation to achieve final completionent hall indemnify and ion 3.13 Indemnification. To the fullest officeps,extroffttc officials, and employeesed by law, the t(ulntdemnitees )r from and against all hold harmless the Owner and to tird parties arising liabilities, damages, losses and expenses, which the ru d onniteesleManageer's'pbofessrionanservices, provided out of or resulting from the performance of the Cons disease or death, or that any such liability, damage, or toss (i) is attributable to bodily injury, sickness, ert other than the work itself, including the tossf use resulting injury to or destruction of tangible property, therefrom and (ii) and such indemnification omission of the Constructiois only to the extent such n Manager, any damages,Sf themmaybe caused by any wrongful or negligent an of them or anyone for whose acts any o anyone directly or indirectly employed by y liable in the rendering of professional such obligation ationnder t thisAgreement, of be construed otoh negate, it or by a party indemnified hereunder. Such o g exist as to any arty otherwise reduce any other right or obligatioe Construction Manager of indemnity which ushallhsimilarly indemnify and pholh or person described in this Paragraph. Th es for which harmless the Indemnitees agai th rd partiesoto the extent such a liabilities,es losses losses or damagenst and s result from Indemnitees are found liable t P the Construction Manager's breach of the standard of care in the performance of its obligations under this Contract. and require every Subcontractor to pay prevailing 3.14 Overtime Work. Construction Manager shall pay a of work needed to wages as established by the Illinois Department of Labor for each craft or ty Construction Manager shall execute the contract in accordance with 820 ILCS 130!.01 et seq. prominently post the current schedule of Prof all changes in the schedulCone of prevailing wages.act site and shall Any immediately in writing all of its Subcontractoling wages at the rs, rate of increases in costs to Construction Manager expense of Construction Managerin the not at the expensenof the terms of any contract shall be at the licable at the time the Owner. The change order shall be computed using the prevailing wage rates app change order work is scheduled to be performed, evaConstruction n swage statute nger shall be solely and to obtain and furnish all such maintain accurate records as repons quired by the p 9 certified records to Owner as required by es and an Construction actually received by laborers, (workmen paying the difference between prevailing wages Yr against any and/or mechanics engaged in the Work meevery wan accordance wy defend and th the Prevaieng Wage Act claims arising under or related to the payment of artment The Illinois Department of Labor publishes the prevailing wage Construction Manager,Subcontractors and Subsubcontractors revises the prevailing wage rates and the n»mac �lwww ilttnois Qovhdol/Laws- have an obligation to check the Department's web site for revisions: Rule_MED1Paaes/Rates.aspx 3,15 Selection of Labor. The Construction Manager shall comply with all Illinois statues pertaining to the selection of labor. 3.16 Em to ment of Illinois Workers Durin Pell no sriods ,fwhich ss defined hen n as anyvhmonth ri mediateloy period of excessive unemployment inthe level loyment n the Ste following two consecutive calendar months during the'ch Un ted St tes fBureaupof Labor'St t sties in its Illinois has exceeded five percent as monthly publication of employment and unemployment figures, the Construction Manager shall employ 5 only Illinois laborers. "Illinois laborer" means any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident. e or are Other laborers may be used when Illinois laborers as defined herein are no the Constabttion Manager and O of work involved, if so certified by of performing the particular typelace no mo approved by the Owre than three of his regularly ner. The Construction Manager may p non-resident executive and technical exp ality as Illinois laborers, to do employed f excessive unemployment, work encompassed by this Contract during a peso 0 led, semi-skilled or unskilled, whether manual or non- This provision applies to all labor, whether skil manual. 3.17 E ual Em inert ortunit During the performance of this Contract, the Construction to O Manager agrees as follows. ee or applicant for employment because of race, .1 That it will not discriminate against any employee marital status, physical or mental handicap or color, religion, sex, national origin, ancestry, g are underutilized and will take appropriate affirmative women further that it will examine all job classifications unfavorable discharge from military service, to determine if minority persons or action to rectify any such underutitization. on reof, it .2 That, if it hires additional employees in order to and corm this men in Conthe ract or any fromow'hchet may will determine the availability of minorities reasonably recruit, and it will hire for each not classification lassifi atti n for which employees are hired in such a way that minorities and women a 3 That, in all solicitations or advertisements for opportunity ewphoutees ddiscrimination becaby it or on its luse ofll statbecauseace that all applicants will be afforded equal color, religion, sex, national origin, ancestry, age, martial status, physical or mental handicap or unfavorable discharge from military service. ith ch 4 That it will send to each labor organization ore�p n seontun'de ve standing( aof workes wnotice'advis ng such has or is bound by collective bargaining or otherag e is labor organization or representative oRte uhes and Construction Regulat ons•If any such I labor organization' oor Human Rights Act and the Owner's Human operate with the Construction Managd Reulations, the Construction Managrer the Illinois Department of Rigs prompteffortsits epresentative fails or refuses to coilly notify comply with such Act and Ri hts and the Owner and will recruit employees from other sources when necessary to fulfill its obligations thereunder. hts les .5 That it will submit reports as required by the m owner to time be reglgesteduby thedOw nurl orations the furnish all relevant information as may from contracting agency, and in all respects comply with the Illinois Human Rights Act and the Owner's Rules and Regulations. .6 That it will permit access to all relevant books, rec an R'ghtstfoa nd work purposestof bnve t gationl of to the contracting agency Illinois Department ascertain compliance with the Illinois Human Rights Act and the Department's Rules an Regulations. t, use in every subcontract so 7 That it will include verbatim or by reference the su h subconfthis tractoraln the same manner as with that such provisions will be binding upon every Trance with other provisions of this Contract, the Construction is ub subcontractors; will and ur{heiablW''oPrompttly notify the applicable provisions of this clause by a s or Owner and the Illinois Department of Humanghts in the Construction vent Manager s will not cut utilize any refuses to comply therewith. In addition, Employment subcontractor declared by the Owner to have failed to comply with this Equal Opportunity provision. 18 Sexual Harassment Polic . The Construction Manager LCS 512-105(A)(4) Place and shall enforce a written 3. compliance with 775 sexual harassment policy in comp 3.19 Veterans Preference Act. The Construction Manager shall comply with all laws relating to the ccordance with the Veterans Preference Act(330 ILCS 55/0.01 employment preference to veterans in a et seq.). 3.20 Wa es of Em to ees on Public Works. This Contract is subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.), as amended. ng to 3.21 C'onfidenti_a-ty of Information.Any document u d otn Managea, records1r, from the or other information in connection ton with ,the and all information secured by the Const by the ion performance of services, unless in the P ol'ih�dmartieshwilthoutl be kwriitten consentept lof the Owner, unless Manager and shall not be made availableP so required by court order. defined in ucts 3.22 ent Steel Procurement. The steel products,he performance of(this Contracton 3 of Steel alnyrsubcontPract sha be Act (30 ILCS 565/3) used or supplied in pcertifisn writingthat (a) the manufactured or produced in the United Sta(o�uced unleSn the the UOnitedr Statese n 'sufficie t quantities to o specified products are not manufactured p meet the Owner's requirements or cannot nb�mheuOwneres requirementd or produced s-, orh(b)obtainntgtthe specified necessary time in sufficient quantities to nited States increase Contra products. manufactured or produced in Steel Products Procu Procurement Act (30 ILCS 565/1 et seq.) is of more than 10%, or the application of the in the public interest. 3.23 Certifications. 1 _ The Construction shall certify that its members holding more than _Illinoisof the limited liability company, its officers percent (5%) of the outstandingmembershipner and managers are, not delinquent in 1h1 payment of taxes to the Illinois Department of Revenue in accordance with 65 ILCS than five 2 Bid Rigging. The Construction Manager shall certify that its members holding morebership interest of the limited liability company, its officers percent (5%) of the outstanding mem and managers have not been barred 3from contracting state cal government as or 33E 4 of the Criminal nal Codeof 1961 a result of a violation of Section 3 33E- Drug-free Workplace. The Construction Manager shall certify that it will provide a drug-free workplace by: 1 Publishing a statement: .1 Notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, including cannabis, is prohibited in the Construction Manager's workplace; .2 Specifying the actions that will be taken against employees for violations of such prohibition; .3 Notifying the employee that, as a condition of employment on such contract, the employee will: .1 abide by the terms of the statement; and .2 notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5)days after such conviction; 2 Establishing a drug-free awareness program to inform employees about: .1 the dangers of drug abuse in the workplace; 2 the Construction Manager's policy of maintaining a drug-free workplace: .3 any available drug counseling, rehabilitation, and employee assistance program; and .4 the penalties that may be imposed upon employees for drug violations; .3 Making it a requirement to give a copy of the statement required by subparagraph 3.23.3.1 to each employee engaged in the performance of the Contract and to post the statement in a prominent place in the workplace: .4 Notifying the Owner within ten (10) days after receiving notice under subparagraph 3.23.3.1.3.2 from an employee or otherwise receiving actual notice of such conviction; .5 Imposing a sanction on or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is so convicted, as required by 30 ILCS 58015; .6 Assisting employees in selecting a course of action in the event drug counseling treatment and rehabilitation is required and indicating that a trained referral team is in place; 8 .7 Making a good faith effort to continue to maintain a drug-free workplace through implementation of this section. .4 Educational Loan. The Construction Manager shall certify that its members holding more than five percent (5%) of the outstanding membership interest of the limited liability company, its officers and managers are, not in default, as defined in 51LCS 385/2, on an educational loan, as defined in 5 ILCS 385/1. .5 Human Rights Number. The Construction Manger shall certify that at the time the Construction Manager was awarded this Contract, the Construction Manager had an Illinois Department of Human Rights pre-qualification number or had a properly completed application for same on file with the Illinois Department of Human Rights, as provided for in 44 Illinois Administrative Code 750.210. ARTICLE 4 - SUBCONTRACTS 4.1 General. Work not performed by the Construction Manager with its own forces shall be performed by Subcontractors or Subsubcontractors. The Construction Manager shall be responsible for management of the Subcontractors in the performance of their Wort. This Contract is subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.), as amended. 4.2 Selection. The Construction Manager shall subcontract with Subcontractors and with suppliers of materials or equipment fabricated to a special design for the Work and, shall manage the delivery of the work to the Owner. The Owner may designate specific persons or entities from whom the Construction Manager shall subcontract. However, the Owner may not prohibit the Construction Manager from subcontracting with other qualified bidders. .1 If the Construction Manager recommends to the Owner the acceptance of a particular subcontractor who is qualified to perform that portion of the Work and has submitted a price which conforms to the requirements of the Contract Documents without reservations or exceptions, and the Owner requires that a different price be accepted, then a Change Order shall be issued adjusting the Contract Time and the Guaranteed Maximum Price by the difference between the price of the subcontract recommended by the Construction Manager and the subcontract that the Owner has required be accepted. .2 The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has a reasonable objection. 4.3 Assignment. The Construction Manager shall provide for assignment of Subcontract Agreements in the event that the Owner terminates this Contract for cause. Following such termination, the Owner shall notify in writing those Subcontractors whose assignments will be accepted, subject to the rights of sureties, if any. 4.4.1 Subcontracts. The Construction Manager shall prepare all Subcontracts and shall have full discretion to negotiate their terms, subject to the Owner's reasonable requirements or objections as to form and content. 9 4.5 Foreign Corporation. Foreign (non-Illinois) corporations shall procure from the Illinois Secretary of State a certificate of authority to transact business in Illinois in accordance with 805 ILCS 5113. ARTICLE 5 -CONSTRUCTION MANAGER'S WARRANTIES 5.1 One-Year Warranty. The Construction Manager warrants that all materials and equipment furnished under this Contract will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials; and the Construction Manager agrees to correct all construction performed under this Contract which proves to be defective in workmanship or materials. These warranties shall commence on the date of Substantial Completion of the Work or of a designated portion thereof and shall continue for a period of one year therefrom or for such longer periods of time as may be set forth with respect to specific warranties required by the Contract Documents. 5.2 Materials Specified By Owner. The products, equipment, systems or materials incorporated in the Work at the direction or upon the specific request of the Owner shall be covered exclusively by the warranty of the manufacturer and are not otherwise warranted under this Contract. 5.3 Other Warranties. ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. ARTICLE 6 -OWNER'S RESPONSIBILITIES 6.1 Information and Services. The Owner shall provide: .1 All necessary information describing the physical characteristics of the site, including surveys, site evaluations, legal descriptions, existing conditions, subsurface and environmental studies, reports and investigations; .2 Inspection and testing services during construction as required by the law or as mutually agreed; .3 Any necessary approvals, rezoning, easements and assessments, permits, fees and charges required for the construction, use, occupancy or renovation of permanent structures, including any legal and other required services; and .4 Any other information or services stated in the Contract Documents as being provided by the Owner. 6.2 Reliance. The Construction Manager shall be entitled to rely on the completeness and accuracy of the information and services required by paragraph 6.1 above, and the Owner agrees to provide such information and services in a timely manner so as not to delay the Work. However, Construction Manager waives all rights under the Public Construction Contract Act and agrees not to stop the work in the event of any differing site conditions.. 6.3 Notice of Defect. If the Owner becomes aware of any error, omission or other inadequacy in the Contract Documents or of the Construction Manager's failure to meet any of the requirements of the 10 Contract Documents, or of any other fault or defect in the Work, the Owner shall give prompt written notice to the Construction Manager; however, the Owner's failure to provide notice shall not relieve the Construction Manager of its obligations under this Contract. 6A Communications. The Owner shall communicate with the Subcontractors and Subsubcontractors only through the Construction Manager. The Owner shall have no contractual obligations to any Subcontractors or Subs ubcontractors. 6.5 Owner's Representative. The Owner's Representative for this Project is Owner's Village Manager, who shall be fully acquainted with the Project: shall be the conduit by which the Owner furnishes the information and services required of the Owner; and shall have authority to bind the Owner in all matters requiring the Owner's approval, authorization or written notice, provided, however, that the Village Manager shall not have authority to increase the Contract Price by more than $10,000.00 nor to extend the Contract Time. Authority to increase the Contract Price by more than $10,000.00 or to extend the Contract Time may only be exercised by written Change Order signed by the Owner's Village President and authorized by a due and proper vote of the Owner's Board of Trustees. If the Owner changes its representative, the Owner shall notify the Construction Manager in advance in writing. ARTICLE 7 -CONTRACT TIME 7.1 Execution Date. The parties contemplate that this Contract will be fully executed on or before January 28, 2022- A delay in the Owner's execution of this Contract which postpones the commencement of the Work may require a Change Order equitably adjusting the date of Substantial Completion. 7.2 Substantial Completion. The date of Substantial Completion of the Work shall be the completion date identified on the first page of this Contract, as adjusted in accordance with the provisions of this Contract. Time shall be of the essence of this Contract. Unless temperatures allow due to unseasonable weather, some or all of the landscape restoration may be delayed until after September 1 7.3.1 Delays. If causes beyond the Construction Manager's control delay the progress of the Work, then the Contract Price and/or the date of Substantial Completion shall be modified by Change Order as appropriate. Such causes shall include but not be limited to: Illinois Environmental Protection Agency, changes ordered in the Work, acts or omissions of the Owner or separate contractors employed by the Owner, the Owner's preventing the Construction Manager from performing the Work pending dispute resolution, Hazardous Materials, differing site conditions, adverse weather conditions not reasonably anticipated, fire, unusual transportation delays. labor disputes, or unavoidable accidents or circumstances. In the event that delays to the Project are encountered for any reason, the Owner and the Construction Manager both agree to undertake reasonable steps to mitigate the effect of such delays. 7.3.2 Inclement Weather. The Contract Time shall not be extended due to normal inclement weather. Unless the Construction Manager can substantiate to the satisfaction of the Owner that there was greater than normal inclement weather considering the full term of the Contract Time and using the most recent ten- year average of accumulated record mean values from climatological data complied by the United States Department of Commerce National Oceanic and Atmospheric Administration for the locale of the project and that such alleged greater than normal inclement weather actually delayed the Work or portions thereof which had an adverse material effect on the Contract Time, the Construction Manager II shall not be entitled to an extension of the Contract Time. If the total accumulated number of calendar days lost due to inclement weather from the start of work until substantial completion exceeds the total accumulated number Construction Manager adn for extension son of time, the Contract Time shale same time eriod from the l t a and the Owner grants the Conl beextended by the appropriate number of calendar days. 7.5 Responsibility for Completion. The Construction Manager, through its Subcontracts shall furnish such employees, materials and equipment as may be necessary to ensure the prosecution and completion of the Work in accordance with the construction schedule. If the Work is not being performed in accordance with the construction schedule and its becomes apparent from the schedule that the Work will notcompleted he Work,take some or all f the following actions, at ve oadd additional cost to the Ow ershall, as necessary to o the progress .1 Increase the number of workers in such crafts as necessary to regain the lost progress; .2 Increase the number of working hours per shift, shifts per working day, working days per week, the amount of equipment or any combination of the foregoing to regain the lost progress. In addition, the Owner may require the Construction Manager to prepare and submit a recovery schedule demonstrating the Construction Manager's plan to regain the lost progress and to ensure completion within the Contract Time. If the Owner finds the proposed recovery plan is not satisfactory, the Owner may require the Construction Manager to undertake any of the actions set forth in this paragraph 7.5, without additional cost to the Owner. 7.6 Failure to Prosecute the Work. The failure of the Construction Manager to substantially comply with the requirements of paragraph 7.5 may be considered grounds for a determination by the Owner, that the Construction Manager has failed to prosecute the Work with such diligence to ensure completion of the Work within the Contract Time and that pursuant to paragraph 11.2 that the Construction Manager has materially breached this Contract. ARTICLE 8 - PAYMENT of the Cost Guaranteed Maximum Price. The sum of Work and the Construction Manager's Fee including struction Manager not to exceed the price listed on page professional services is guaranteed by the Con 1, subject to additions and deductions by Change Order as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. The Construction Manager's Fee including professional fees, general conditions, insurance, overhead and profit is identified on Exhibit A - Summary Schedule of Values. The Construction Manager's Fee shall be increased proportionally with the Cost of Work for any Change Orders in accordance with this Contract. The Construction Manager's Fee will not be reduced as the result of a Change Order. In the event the Cost of Work plus the Construction Manager's Fee including professional services shall total less than the Guaranteed Maximum Price as adjusted by Change Orders, the resulting savings shall be shared equally between the Owner and the Construction Manager, and the Owner shall make payment of the Construction Manager's portion upon Final Completion of the Work. In the event that the Cost of Work plus the Construction Manager's Fee including professional services exceeds the Guaranteed Maximum Price as adjusted by Change Orders, then the Owner shall pay no more than the Guaranteed Maximum Price as adjusted by Change Orders. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. II 1. The Guaranteed Maximum Price is based on the agreed to scope of work as detailed in the construction plan drawings dated 12/21/2021. 2. Unit prices used for the actual work will be determined by the bidding process identified in Article 4 of this Agreement. 3. Assumptions on which the Guaranteed Maximum Price are based, are as follows: .1 Hazardous materials are not present at the site. .2 To the extent that the Drawings and Specifications are anticipated to require further development by the Engineer, the Construction Manager has provided in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. However, such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. 8.2 Compensation. The Guaranteed Maximum Price is the sum of the Cost of the Work plus the Construction Manager's Fee as identified in this Contract, subject to adjustment in accordance with the provisions of this Contract. 8.3 Progress Payments. Prior to submitting the first Application for Payment, the Construction Manager shall provide a Schedule of Values reasonably satisfactory to the Owner consisting of a breakdown of the Contract Price by trade or appropriate category. On or before the fifteenth day of each month after the Work has been commenced, the Construction Manager shall submit to the Owner an Application for Payment in accordance with the Schedule of Values based upon the Work completed and materials stored on the site or at other locations approved by the Owner. Within thirty (30) days after receipt of each monthly Application for Payment, the Owner shall approve or disapprove the Application for Payment. When safety or quality assurance testing is necessary before consideration of the Application for Payment, and such testing cannot be completed within thirty (30) days after receipt of the Application for Payment, approval or disapproval of the Application for Payment shall be made upon completion of the testing or within sixty (60) days after receipt of the Application for Payment, whichever occurs first. If an Application for Payment is disapproved, the Owner shall notify the Construction Manager in writing. If an Application for Payment is approved, the Owner shall pay directly to the Construction Manager the appropriate amount for which Application for Payment was made, less amounts previously paid by the Owner within thirty (30) days after approval. The Owner's progress payment, occupancy or use of the Project, whether in whole or in part, shall not be deemed to be an acceptance of any Work not conforming to the requirements of the Contract Documents. .1 With each Application for Payment the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence reasonably required by the Owner to demonstrate that cash disbursements or obligations already made or incurred by the Construction Manager on account of the Work equal or exceed (1) progress payments already received by the Construction Manager less (2) that portion of those payments attributable to the Construction Manager's Fee plus (3) payrolls and other costs for the period covered by the present Application for Payment. .2 Each Application for Payment shall be based upon the most recent Schedule of Values submitted by the Construction Manager in accordance with the Contract Documents, The Schedule of Values shall allocate the entire Guaranteed Maximum Price among the various 13 portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The Schedule of Values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may reasonably require and shall be used as a basis for reviewing the Construction Manager's Applications for Payment. .3 Applications for Payment shall show the percentage completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed or (2) the percentage obtained by dividing (a) the expense which has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. .4 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included, even though the Guaranteed Maximum Price has not yet been adjusted by Change Order. .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing. .3 Add the Construction Manager's Fee. The Construction Manager's Fee shall be computed upon the Cost of the Work described in the two preceding Clauses at the rate stated in paragraph 8.2 or, if the Construction Manager's Fee is stated as a fixed sum in that paragraph, shall be an amount which bears the same ratio to that fixed sum Fee as the Cost of the Work in the two preceding Clauses bears to a reasonable estimate of the probable Cost of the Work upon its completion. .4 Subtract the aggregate of previous payments made by the Owner. .5 Except with the Owner's prior approval, payments to Subcontractors shall be subject to retention of not less than five percent (5%). The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments and retention for subcontracts. 6 Except with the Owner's prior approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 8.4 Progress Payment Documentation. The Construction Manager shall supply and each Application for Payment shall be accompanied by the following, all in form and substance satisfactory to the Owner: 14 (A) a duly executed and acknowledged sworn statement showing all Subcontractors with whom the Construction Manager has entered into subcontracts, the amount of each such subcontract, the amount requested for any Subcontractor in the requested progress payment and the amount to be paid to the Construction Manager from such progress payment, together with similar sworn statements from all Subcontractors and, where appropriate, from sub-Subcontractors; (B) duly executed waivers of mechanics' and materialmen's liens of the money due or to become due herein, establishing payment to the Subcontractor or material supplier of all such obligations to cover the full amount of the Application for Payment from each and every Subcontractor and suppliers of material or labor to release the Owner of any claim to a mechanic's lien, which they or any of them may have under the mechanic's lien laws of Illinois. Any payments made by the Owner without requiring strict compliance to the terms of this paragraph shall not be construed as a waiver by the Owner of the right to insist upon strict compliance with the terms of this approach as a condition of later payments. The Construction Manager shall indemnify and save the Owner harmless from all claims of Subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, tools and all supplies incurred in the furtherance of the performance of the Work; (C) sworn statements or lien waivers supporting the Application for Payment submitted late by the Construction Manager to the Owner will result in the Application for Payment not being processed until the following month. 8.5 Late Payments. Payments shall be made in accordance with the Local Government Prompt Payment Act (50 ILCS 50511 et. seq.) 8.6 Title. The Construction Manager warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will pass to the Owner free and clear of all liens. claims. security interests or encumbrances upon receipt of such payment by the Construction Manager. 8.7 Final Pavment. Final Payment shall be due and payable when the Work is fully completed, Before issuance of any final payment, the Owner may request satisfactory evidence that all payrolls, materials bills and other indebtedness connected with the Work have been or will be paid or otherwise satisfied. In accepting final payment, the Construction Manager waives all claims except those previously made in writing and which remain unsettled. In making final payment, the Owner waives all claims except for outstanding liens, improper workmanship or defective materials appearing within one year after the date of Substantial Completion, and terms of any special warranties required by the Contract Documents. 1 The amount of the final payment shall be calculated as follows: .1 Take the sum of the Cost of the Work substantiated by the Construction Manager's final accounting and the Construction Manager's Fee, but not more than the Guaranteed Maximum Price. .2 Subtract the aggregate of previous payments made by the Owner If the aggregate of previous payments made by the Owner exceeds the amount due the Construction Manager, the Construction Manager shall reimburse the difference to the Owner. 15 .2 The Owner's accountants will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Owner by the Construction Manager. Based upon such Cost of the Work as the Owner's accountants report to be substantiated by the Construction Manager's final accounting, the Owner will, within seven (7) days after receipt of the written report of the Owner's accountants, either make final payment as requested to the Construction Manager. or notify the Construction Manager in writing of the Owner's reasons for withholding part or all of the requested final payment. 3 If, subsequent to final payment and at the Owner's request, the Construction Manager incurs costs described in Paragraph 8.7 and not excluded by Paragraph 8.8 (1) to correct nonconforming Work, or (2) arising from the resolution of disputes, the Owner shall reimburse the Construction Manager such costs and the Construction Manager's Fee, if any, related thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the Construction Manager has participated in savings, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. 8.8 Cost of the Work. The term "Cost of the Work" shall mean costs incurred by the Construction Manager in the proper performance of the Work. The Cost of the Work shall be the sum of the Construction Manager's subcontracts identified in the Schedule of Values. The Cost of the Work shall include the items set forth below. 1 Labor costs. .1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's agreement, at off- site locations. .2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when engaged in performance of the Work. .3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged, at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work. 4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements, and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided that such costs are based on wages and salaries included in the Cost of the Work. .2 Subcontract costs. Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. .3 Costs of materials and equipment incorporated in the completed construction. 1 Costs, including transportation, of materials and equipment incorporated or to be incorporated in the completed construction. 6 2 Costs of materials described above in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be handed over to the Owner at the completion of the Work or, at the Owner's option, shall be sold by the Construction Manager, with the amounts realized, if any, from such sales credited to the Owner as a deduction from the Cost of the Work. .4 Costs of other materials and equipment temporary facilities and related items. .1 Costs, including transportation, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities. machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by the Construction Manager at the site and fully consumed in the performance of the Work, and cost less salvage value on such items if not fully consumed, whether sold to others or retained by the Construction Manager. .2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by the Construction Manager at the site, whether rented from the Construction Manager or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. .3 Costs of removal of debris from the site 5 Miscellaneous costs. .1 That portion directly attributable to this Contract of premiums for insurance and bonds. .2 Sales, use or similar taxes imposed by a governmental authority which are related to the Work and for which the Construction Manager is liable. .3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Construction Manager has paid or is required by the Contract Documents to pay. 4 Fees of testing laboratories for tests required by the Contract Documents or advisable in the Construction Manager's discretion .5 Expenses and time incurred investigating potential changes in the Work. 6 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility to the Owner set forth in this Agreement. 7 Legal, mediation and arbitration costs, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager in the performance of the Work. .6 Other costs. Other costs incurred in the performance of the Work. .7 Emergencies and repairs to damaged or nonconforming work. 17 I Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property. 2 Costs incurred in repairing or correcting damaged or nonconforming Work executed by the Construction Manager or the Construction Manager's Subcontractors or suppliers. 8.9 Non-Reimbursable Costs. The Cost of the Work shall not include any of the following. 1 The Cost of the Work shall not include: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in paragraph 8.7.1, unless such personnel are directly engaged in the performance of the Work. .2 Expenses of the Construction Manager's principal office and offices other than the site office, except as specifically provided in Paragraph 8.7. 3 Overhead and general expenses, except as may be expressly included in Paragraph 8.7, 4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work. .5 The Construction Manager's Fee. .6 The payment of Retailers' Occupation Tax, the Service Occupation Tax (both state and local), the Use Tax and the Service Use Tax in Illinois from which the Owner as a unit of local government is exempt. .7 Costs which would cause the Guaranteed Maximum Price to be exceeded. .2 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment therefor from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. Amounts which accrue to the Owner shall be credited to the Owner as a deduction from the Cost of the Work. 8.10 Accountina Records. The Construction Manager shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract. The accounting and control systems shall be reasonably satisfactory to the Owner. The Owner and the Owner's accountants shall be afforded access to the Construction Manager's records, books, correspondence, instructions, drawings, receiptsi subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and the Construction Manager shall preserve these for a period of three years after final payment, or for such longer period as may be required by law. 18 8.11 Payment Approval. The Owner may disapprove a payment, in whole or in part, or because of subsequent observations, nullify any progress payment previously made, to such extent as may be necessary, in its opinion, to protect its interests due to: .1 Defective work not remedied, .2 Third party claims or reasonable evidence indicating the probable filing of such claims; .3 Failure to make payments to subcontractors for labor, materials or equipment; .4 Reasonable evidence that the Work cannot be completed for the unpaid balance of the Guaranteed Maximum Price; .5 Failure to prosecute the Work with sufficient workers, materials, and/or equipment; .6 Failure to perform the Work in accordance with the Contract Documents. ARTICLE 9 -CHANGES 9.1 Change Orders. Changes in the Work which are within the general scope of this Contract may be accomplished by Change Order without invalidating this Contract. A Change Order is a written instrument, issued after execution of this Contract signed by the Owner and Construction Manager stating their agreement upon a change and any adjustment in the Guaranteed Maximum Price and/or the date of Substantial Completion. The Construction Manager shall not be obligated to perform changed Work until the Change Order has been executed by the Owner and Construction Manager. 9.2 Costs. An increase or decrease in the Guaranteed Maximum Price resulting from a change in the Work shall be determined by one or more of the following methods: 1 Unit prices as set forth in this Contract or as subsequently agreed (but if the original quantities are altered to a degree that application of previously agreed unit prices would be inequitable to either the Owner or the Construction Manager, the Unit Prices shall be equitably adjusted); .2 A mutually accepted, itemized lump sum. .3 Time and materials. Construction Manager's fee shall be proportionately increased in all Change Orders that increase the Guaranteed Maximum Price, but shall not be proportionately decreased by a Change Order that decreases the Guaranteed Maximum Price. If the parties cannot agree on the price term of a Change Order, then the Change Order will be calculated on the basis of actual time and materials costs incurred. If at the Owner's request the Construction Manager incurs substantial costs or time investigating a proposed change which is never ultimately made, the Guaranteed Maximum Cost and Contract Time shall be equitably adjusted. 9.3 Unknown Conditions. If in the performance of the Work, the Construction Manager finds latent, concealed or subsurface physical conditions which differ from the conditions the Construction Manager reasonably anticipated, or if physical conditions are materially different from those normally encountered and generally recognized as inherent in the kind of work provided for in this Contract. then 19 the Guaranteed Maximum Price and/or the Date of Substantial Completion shall be equitably adjusted by Change Order within a reasonable time after the conditions are first observed. 9.4 Claims. For any claim for an increase in the Guaranteed Maximum Price and/or an extension in the date of Substantial Completion, the Construction Manager shall give the Owner written notice of the claim within twenty-one (21) days after the Construction Manager first recognizes the condition giving rise to the claim. Except in an emergency, notice shall be given before proceeding with the Work. In any emergency affecting the safety of persons and/or property, the Construction Manager shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in Guaranteed Maximum Price and/or Date of Substantial Completion resulting from such claim shall be effectuated by Change Order. ARTICLE 10 -INSURANCE AND BONDING 10.1 The Contractor's Insurance. The Construction Manager shall obtain and maintain insurance coverage for the following claims which may arise out of the performance of this Contract, whether resulting from the Construction Manager's operations or by the operations of any Subcontractor, anyone in the employ of any of them, or by an individual or entity for whose acts they may be liable: 1 workers' compensation, disability benefit and other employee benefit claims under acts applicable to the Work; 2 under applicable employer's liability law, bodily injury, occupational sickness, disease or death claims of the Construction Manager's employees; .3 bodily injury, sickness, disease or death claims for damages to persons not employed by the Construction Manager; .4 usual personal injury liability claims for damages directly or indirectly related to the person's employment by the Construction Manager or for damages to any other person; .5 damage to or destruction of tangible property, including resulting loss of use, claims for property other than the work itself and other property insured by the Owner: 6 bodily injury, death or property damage claims resulting from motor vehicle liability in the use, maintenance or ownership of any motor vehicle; .7 contractual liability claims involving the Construction Manager's indemnity obligations; and .8 loss due to errors or omission with respect to provision of professional services under this Agreement, including engineering services. 10.2 The Construction Manager's Commercial General and Automobile Liability Insurance shall be written for not less than the following limits of liability: Commercial General Liability Insurance Each Occurrence Limit $1,000.000 General Aggregate Limit $2,000,000 Products/Completed Operations Agg. $2,000.000 Personal & Advertising Injury Limit $1.000,000 Fire Damage (any one fire) $ 100,000 20 Medical Expenses, each person $ 10,000 Comprehensive Automobile Liability Insurance Combined Single Limit, each accident $1,000,000 or Bodily Injury (per person) $1,000,000 Bodily Injury (per accident) $1,000,000 Property Damage(per accident) $1,000,000 Worker's Compensation & Employer's Liability Worker's Compensation Statutory Limits Employer's Liability Bodily Injury by Accident $ 500,000 each accident Bodily Injury by Disease $ 500,000 policy limit Bodily Injury by Disease $ 500,000 each employee Commercial Umbrella/Excess Liability Each Occurrence $2,000,000 Aggregate $2,000,000 Professional Liability Each Occurrence $2,000,000 Aggregate $2,000,000 10.3 Commercial General Liability Insurance may be arranged under a single policy for the full limits required or by a combination of underlying policies and an Excess or Umbrella Liability policy. The policies shall contain a provision that coverage will not be canceled or not renewed until at least thirty (30) days' prior written notice has been given to the Owner. Certificates of insurance and copies of the relevant endorsements showing required coverage to be in force shall be provided to the Owner prior to commencement of the Work. Products and Completed Operations insurance shall be maintained for a minimum period of at least one year after the date of Substantial Completion or final payment, whichever is earlier. All insurance required of the Construction Manager shall provide that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the additional insured, their its officers, directors, commissioners, officials, employees, consultants, volunteers, or agents. The insurance required of the Construction Manager shall provide that the insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Under no circumstances shall the Owner be deemed to have waived any of the insurance requirements of this Agreement by (1) allowing any work to commence before receipt of certificates of insurance or ,I additional insured endorsements: (2) by failing to review any certificates or documents received; or (3) by failing to advise the Construction Manage that any certificate of insurance or additional insured endorsement fails to contain all of the required insurance provisions or is otherwise deficient in any manner. The Construction Manager agrees that the obligation to provide the insurance required by this Agreement is solely its responsibility and that its obligation cannot be waived by any act or omission of the Owner, Nothing contained in this Agreement is to be construed as limiting the liability of the Construction Manager. The Owner does not, in any way represent that the coverages or limits of insurance specified are sufficient or adequate to protect the Owner, Architect or the Construction Manager, but are merely minimums. The obligations of the Construction Manager to purchase insurance shall not in any way limits its obligation to the Owner in the event that the Owner should suffer an injury or loss in excess of the amount recoverable through insurance, or any loss or portion of a loss which was not covered by the Construction Manager's insurance. In the event the Construction Manager fails to furnish and maintain the insurance required by this Agreement, the Owner may purchase such insurance on behalf of the Construction Manager, and the Construction Manager shall pay the cost thereof to the Owner upon demand or shall have such cost deducted from any payments due to the Construction Manager. The Construction Manager agrees to furnish the Owner the information needed to obtain such insurance. 10.4 Primary Insurance. The Construction Manger's insurance shall be primary insurance as respects the Owner and Engineer. Any insurance or self-insurance maintained by the Owner and Engineer shall be excess of Construction Manager'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 and Engineer. 10.5 Acceptability of Insurers. The insurance carrier used by the Construction Manger shall have a minimum insurance rating of A:VII according to the AM Best Insurance Rating Schedule. 10.6 The Owner's Insurance. The Owner shall obtain and maintain property insurance in a form reasonably acceptable to the Construction Manager upon the entire Project for the full cost of replacement at the time of any loss. This insurance shall include as named insureds the Owner and Construction Manager, Engineer, Subcontractors and Subsubcontractors. This insurance shall insure against loss from the perils of fire and extended coverage, and shall include "all risk" insurance for physical loss or damage including without duplication of coverage, at least: theft, vandalism, malicious mischief, transit, collapse, falsework, temporary buildings, debris removal, flood, earthquake, testing, and damage resulting from defective design, workmanship or material. The Owner shall increase limits of coverage, if necessary, to reflect estimated replacement cost. The Owner shall be responsible for any co- insurance penalties or deductibles. If the Owner occupies or uses a portion of the Project prior to its Substantial Completion, such occupancy or use shall not commence prior to a time mutually agreed to by the Owner and the Construction Manager and to which the insurance company or companies providing the property insurance have consented by endorsing the policy or policies. This insurance shall not be canceled or lapsed on account of partial occupancy. Consent of the Construction Manager to such early occupancy or use shall not be unreasonably withheld. Upon the Construction Manager's request, the Owner shall provide the Construction Manager with a copy of all policies before an exposure to loss may occur Copies of any subsequent endorsements shall be furnished to the Construction Manager. The Construction Manager shall be given thirty (30) days' notice of cancellation, non-renewal, or any endorsements restricting or reducing coverage. The Owner shall give written notice to the Construction Manager before commencement of the Work if the Owner will not be obtaining property insurance. In that case. the Construction Manager may obtain insurance in order to protect its interest in the Work as well as the interest of the Engineer, Subcontractors and Subsubcontractors in the Work. The Guaranteed Maximum Price shall be increased by the cost of this insurance through Change Order. If the Construction Manager is damaged by failure of the Owner to purchase or maintain property insurance or to so notify the Construction Manager, the Owner shall bear all reasonable costs incurred by the Construction Manager arising from the damage. 10.7 Property Insurance Loss Adiustment. Any insured loss shall be adjusted with the Owner and the Construction Manager and made payable to the Owner and Construction Manager as trustees for the insureds, as their interests may appear, subject to any applicable mortgagee clause. Upon the occurrence of an insured loss, monies received will be deposited in a separate account; and the trustees shall make distribution in accordance with the agreement of the parties in interest, or in the absence of such agreement, in accordance with the dispute resolution provisions of this Contract. If the trustees are unable to agree between themselves on the settlement of the loss, such dispute shall also be submitted for resolution pursuant to the dispute resolution provisions of this Contract. 10.8 Waiver of Subrogation. The Owner and Construction Manager waive all rights against each other, the Engineer, and any of their respective employees, agents, consultants, Subcontractors and Subsubcontractors, for damages caused by risks covered by insurance provided in Paragraph 10.2 to the extent they are covered by that insurance, except such rights as they may have to the proceeds of such insurance held by the Owner and Construction Manager as trustees. The Construction Manager shall require similar waivers from all Subcontractors, and shall require each of them to include similar waivers in their subsubcontracts and consulting agreements. The Owner waives subrogation against the Construction Manager, Engineer, Subcontractors and Subsubcontractors on all property and consequential loss policies carried by the Owner on adjacent properties and under property and consequential loss policies purchased for the Project after its completion. If the policies of insurance referred to in this Paragraph require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed. 10.9 Bonds. The Construction Manager shall furnish bonds covering faithful performance of the Contract, exclusive of the aggregate of the Construction Manager's Fee and the Engineer's Fee, and payment of the obligations arising thereunder. Bonds may be obtained through the Construction Manager's, or subcontractor's usual source and the cost thereof shall be included in the Cost of the Work. The amount of each bond shall be equal to 100% of the Guaranteed Maximum Price, less the aggregate of the Construction Manager's Fee and the Engineer's Fee. The Construction Manager shall deliver the required bonds to the Owner at least three days before commencement of any Work at the Project site. ARTICLE 11 -TERMINATION 11.1 By the Construction Manager. Upon seven (7) days' written notice to the Owner, the Construction Manager may terminate this Contract for any of the following reasons: 1 if the Work has been stopped for a thirty (30) day period; a under court order or order of other governmental authorities having jurisdiction; b. as a result of the declaration of a national emergency or other governmental act during which, through no act or fault of the Construction Manager, materials are not available; or C. because of the Owner's failure to pay the Construction Manager in accordance with this Agreement; 2 .2 if the Work is suspended by the Owner for sixty (60) days; .3 if the Owner materially delays the Construction Manager in the performance of the Work without agreeing to an appropriate Change Order; or .4 if the Owner otherwise materially breaches this Contract. Upon termination by the Construction Manager in accordance with this paragraph, the Construction Manager shall be entitled to recover from the Owner payment for all Work executed and for any proven loss, cost or expense in connection with the Work, plus all demobilization costs and reasonable damages. In addition, the Construction Manager shall be paid an amount calculated as set forth in paragraph 11.3. 11.2 By the Owner for Cause. If the Construction Manager persistently fails to perform any of its obligations under this Contract, the Owner may, after seven (7) days' written notice, during which period the Construction Manager fails to perform or to begin to perform such obligation, undertake to perform such obligations itself. The Contract Price shall be reduced by the cost to the Owner of performing such obligations. Upon seven (7) days' written notice to the Construction Manager and the Construction Manager's surety, if any, the Owner may terminate this Contract for any of the following reasons: 1 if the Construction Manager persistently utilizes improper materials and/or inadequately skilled workers; .2 if the Construction Manager does not make proper payment to laborers, material suppliers or subcontractors and refuses or fails to rectify same; .3 if the Construction Manager persistently fails to abide by the orders, regulations, rules, ordinances or laws of governmental authorities having jurisdiction; or .4 if the Construction Manager otherwise materially breaches this Contract. If the Construction Manager fails to cure within the seven (7) days, the Owner, without prejudice to any other right or remedy, may take possession of the site and complete the Work utilizing any reasonable means. In this event, the Construction Manager shall not have a right to further payment until the Work is completed. If the Construction Manager files a petition under the Bankruptcy Code, this Contract shall terminate if the Construction Manager or the Construction Manager's trustee rejects the Agreement or, if there has been a default, the Construction Manager is unable to give adequate assurance that the Construction Manager will perform as required by this Contract or otherwise is unable to comply with the requirements for assuming this Agreement under the applicable provisions of the Bankruptcy Code. In the event the Owner exercises its rights under this paragraph, upon the request of the Construction Manager, the Owner shall provide a detailed accounting of the costs incurred by the Owner. 11.3 Termination by the Owner Without Cause. If the Owner terminates this Contract other than as set forth in Paragraph 11.2, the Owner shall pay the Construction Manager for the Cost of all Work executed and for any proven loss, cost or expense in connection with the Work, plus all demobilization costs. The Owner shall also pay to the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment retained. The Owner shall assume and become liable for obligations, commitments and unsettled claims that the Construction Manager has previously 24 undertaken or incurred in good faith in connection with the Work or as a result of the termination of this Contract. As a condition of receiving the payments provided under this Article 11, the Construction Manager shall cooperate with the Owner by taking all steps necessary to accomplish the legal assignment of the Construction Manager's rights and benefits to the Owner, including the execution and delivery of required papers. 11.4 Suspension By The Owner For Convenience. The Owner for its convenience may order the Construction Manager in writing to suspend, delay or interrupt all or any part of the Work without cause for such period of time as the Owner may determine to be appropriate. Adjustments shall be made for increases in the Guaranteed Maximum Price and/or the date of Substantial Completion caused by suspension, delay or interruption. No adjustment shall be made if the Construction Manager is or otherwise would have been responsible for the suspension, delay or interruption of the Work, or if another provision of this Contract is applied to render an equipment adjustment. ARTICLE 12 - DISPUTE RESOLUTION 12.1 Step Negotiations. The parties shall attempt in good faith to resolve all disputes promptly by negotiation, as follows. Either party may give the other party written notice of any dispute not resolved in the normal course of business. Management representatives of both parties one level above the Project personnel who have previously been involved in the dispute shall meet at a mutually acceptable time and place within ten (10) days after delivery of such notice, and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the dispute. If the matter has not been resolved within thirty (30) days from the referral of the dispute to such management representatives, or if no meeting has taken place within fifteen (15) days after such referral, the dispute shall be referred to senior managers under the aforesaid procedure. If the matter has not been resolved by such senior managers, either party may initiate mediation as provided hereinafter. If a negotiator intends to be accompanied at a meeting by an attorney, the other negotiator shall be given at least three (3) working days' notice of such intention and may also be accompanied by an attorney. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and applicable state Rules of Evidence. 12.2 Mediation. Provided that there are no claims or disputes involving third parties, in the event that any dispute arising out of or relating to this Contract is not resolved in accordance with the procedures provided in Section 12.1, such dispute shall be submitted to mediation with American Arbitration Association ("AAA") or JAMS/Endispute, Inc. If the mediation process has not resolved the dispute within thirty (30) days of the submission of the matter to mediation, or such longer period as the parties may agree to, the dispute shall be decided by arbitration as set forth below. 12.3 Continued Performance of the Work. In the event of any dispute, the Construction Manager shall continue to perform the Work and maintain its progress pending final determination of the dispute, provided the Owner places a sum equal to 150% of the amount in dispute in an escrow account, reasonably satisfactory to both parties, which specifies that the escrow agent shall distribute the escrow sum between the parties in accordance with any agreement, arbitration award or court judgment entered resolving the dispute. 12.4 Required in Subcontracts. The Construction Manager shall include the provisions of this Article 12 in all Subcontracts into which it enters. 2� ARTICLE 13 - LIQUIDATION AND LIMITATION OF LIABILITY 13.1 Late Completion. In the event that the Work is not Substantially Complete by the date set forth in this Contract, then promptly after receiving Final Payment, the Construction Manager shall pay to the Owner as liquidated damages a sum equal to Two Hundred and Fifty Dollars ($250.00) for each day that the Work is late in reaching Substantial Completion. 13.2 Limitation of Liability. The Owner acknowledges that the Construction Manager is a limited liability company and agrees that any claim made by the Owner arising out of or pertaining to this Contract shall be made against only the Construction Manager and not against any director, officer, or employee of the Construction Manager or any other company affiliated with the Construction Manager. 13.4 Consequential Damages. Notwithstanding anything to the contrary in this Contract, in no event shall the Construction Manager or any of its Subcontractors be liable for consequential loss or damage, including but not limited to loss of use or profits, and the Owner hereby releases the Construction Manager and its Subcontractors from any such liability. ARTICLE 14 -MISCELLANEOUS 14.1 Proiect Sign. The Owner agrees that the Construction Manager and Engineer will be properly identified and will be given appropriate credit on all signs, press releases and other forms of publicity for the Project. Owner will permit the Construction Manager and Engineer to photograph and make other reasonable use of the Project for promotional purposes. 14.2 Notices. Notices to the parties shall be given at the addresses shown on the cover page of this Contract by mail, fax or any other reasonable means. 14.3 Integration. This Contract is solely for the benefit of the parties, and no one is intended to be a third party beneficiary hereto. This Contract represents the entire and integrated agreement between the parties, and supersedes all prior negotiations, representations or agreements, either written or oral. 14.4 Governinq Law. This Contract shall be governed by the laws of the State of Illinois. 14.5 Severability. The partial or complete invalidity of any one or more provisions of this Contract shall not affect the validity or continuing force and effect of any other provision. 14.6 Assignment. Neither party to this Contract shall assign the Contract as a whole without written consent of the other, except that the Owner may collaterally assign this Contract to a lender if required to secure financing for this Project. 14.7 Existing Contract Documents. Plans sets are attached as an exhibit to this Contract. 26 Owner: Contractor: Village of Oak Brook, Illinois, Burke, LLC, an Illinois limited liability company an Illinois municipal corporation By: Date: By: Date: January 6,2022 ncipal Attest: Date: By: t - Date: January 6,2022 Principal 27 CONSTRUCTION MANAGER'S CERTIFICATION FORM The assurances hereinafter made by the Construction Manager are each a material representation of fact upon which reliance is placed by the Owner in entering into the contract with the Construction Manager The Owner may terminate the contract if it is later determined that the Construction Manager rendered a false or erroneous assurance: and the surety providing the performance bond shall be responsible for the completion of the contract. hereby certify that I am the Principal (Natli of Person Cer ing) (Office of Person Certifying) of Burke. LLC, and as such hereby represent and warrant to the Owner that the Construction Manager, and its members holding more than five percent (5%) of the outstanding membership interests, its officers and managers are: (A) not delinquent in the payment of taxes to the Illinois Department of Revenue in accordance with 65 ILCS 5/11-42.1-1; (B) not barred from contracting as a result of a violation of either Section 33E-3 (bid rigging) or 33E- 4 (bid-rotating) of the Criminal Code of 1961 (720 ILCS 5/33E-3 and 5/33E-4); (C) not in default. as defined in 51LCS 385/2, on an educational loan, as defined in 51LCS 385/1 In addition, the Construction Manager hereby represents and warrants to the Owner that the Construction Manager: (A) has and will comply with all laws relating to the payment of general prevailing wages in accordance with the Illinois Prevailing Wage Act (820 ILCS 130/0.01 et seq.): (B) has and will comply with all laws relating to the employment preference to veterans in accordance with the Veterans Preference Act (330 ILCS 55/0.01 et seq ): (C) has and will comply with all laws relating to the employment of Illinois workers in accordance with the Employment of Illinois Workers on Public Works Act (30 ILCS 570/1 et seq ), (D) pursuant to 30 ILCS 580/1 et seq. ("Drug-Free Workplace Act"), will provide a drug-free workplace by (1) Publishing a statement: a. Notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance including cannabis, is prohibited in the Construction Manager's workplace. b. Specifying the actions that will be taken against employees for violations of such prohibition; C. Notifying the employee that, as a condition of employment on such Contract, the employee will; i. Abide by the terms of the statement; ii. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; (2) Establishing a drug-free awareness program to inform employees about: a. the dangers of drug abuse in the workplace; b. the Construction manager's policy of maintaining a drug-free workplace; C. any available drug counseling, rehabilitation, and employee assistance program; and d. the penalties that may be imposed upon employees for drug violations; (3) Making it a requirement to give a copy of the statement required by Subsection (D)(1) to each employee engaged in the performance of the Contract, and to post the statement in a prominent place in the workplace; (4) Notifying the Owner within ten (10) days after receiving notice under paragraph(D)(1)e from an employee or otherwise receiving actual notice of such conviction; (5) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is so convicted, as required by 30 ILCS 580/5; (6) Assisting employees in selecting a course of action in the event drug counseling treatment and rehabilitation is required and indicating that a trained referral team is in place; (7) Making a good faith effort to continue to maintain a drug-free workplace through implementation of this section; (E) has not excluded and will not exclude from participation in, denied the benefits of, subjected to discrimination under, or denied employment to any person in connection with any activity funded under the contract on the basis of race, color, age, religion, national origin, disability, or sex; 29 (F) at the time the Construction Manager was awarded this Contract, had an Illinois Department of Human Rights pre-qualification number or had a properly completed application for same on file with the Illinois Department of Human Rights. as provided for in 44 Illinois Administrative Code 750 210. If any certification made by the Construction Manager or term or condition in this contract changes. the Construction Manger shall notify the Owner in writing within seven (7) days. Dated: January 6. 2022 CONSTRUCTION AG Burke LLC By. (Adtlfonzed Agent of CONSTRUCTION MANAGER) Title: Principal STATE OF ILLINOIS } ) SS COUNTY OF COOK ) I. the undersigned, a notary public in and for the State and County aforesaid, hereby certify that Orion Galey , known to me to be the Principal (Name of Signatory) (Office) of the Construction Manager, appeared before me this day in person and. being first duly sworn on oath, acknowledged that he/she executed the foregoing certification as his/her free act and deed. Dated 1/6/2022 - Notary Pub�i "OFFICIAL SEAL" SHERRY SPORINA NOTARY PUBLIC,STATE OF ILLINOIS M Commission Ex fres 08113/2023 Exhibit A - Summary Schedule of Values Brook Forest, Regent Dr. Bridge, Trinity Lakes Bike Path, and Spring Rd. Water Main Break Resurfacing Improvements Oak Brook, Illinois Item Contract Value Construction $ 4,368,022 Trinity Lakes Bike Path Improvements $ 118,062 Spring Road WM Break Surface Patch $ 21,360 Regent Drive Bridge Repairs $ 72,450 Brook Forest Street Improvements $ 4,156,150 Concrete Construction $ 1 ,570,508 Asphalt Construction $ 2,049,492 Sewer Construction $ 263.085 Landscape Restoration $ 273.065 Base Professional Fees $ 655,203 Design Fee $ 152,881 Construction Management Fee $ 283,921 General Conditions (Insurance OH and Profit) $ 218,401 Owner's Allowance $ 100,000 GMP Contract Price $ 5,123,225 Assumptions/Qualifications: 1 We assume that the on site soils are clean. If it is determined that the existing soils are contaminated,then a change order shall be warranted to cover the additional cost W 1Proposals\202ZOak Brook-Brook Forest Street Improvements\Summary Schedule of Values GMP 01062022 xlsSummary 1/6/2022 Village of Oak Brook-2022 Street Improvement Project Burke LLC CMAR Subcontractor Shortlist Price Proposal Tabulation 11312022 PAVING PROPOSALS ITEM NO. PAY ITEM NAME UNIT QUANTITY K-FIVE UNDAHL BROTHERS INC. J.A.JOHNSON PAVING CO. ARROW ROAD CONSTRUCTION CO. 20100110 TREE REMOVAL(6-15 UNITS DIAMETER) UNITS 25 0 -. $ 1050)0 $ 2,625.00 $ 100.00 $ 2,500.00 $ 80.00 $ 2,000.00 $ 80.00 $ 2,00.00 20201200 REMOVAL AND DISPOSAL OF UNSUITABLE MATERIAL CU YD 853.0 $ 7.50 $ 6,397.50 $ 25.00 $ 21,325.00 $ 5.00 $ 4,265.00 $ 10.00 $ 8,530.00 21001000 GEOTECHNICAL FABRIC FOR GROUND STABILIZATION SQ YD 251.0 $ 1.00 $ 251.00 $ 2.50 $ 627.50 $ 1.00 5 251.00 $ 7.00 $ 1,757.00 28000510 INLET FILTERS EACH 202.0;' $ 65.00 $ 13,130.00 $ 1.00 $ 202.00 $ 100.00 $ 20,200.00 $ 175.00 $ 35,350.00 30300001 AGGREGATE SUBGRADE IMPROVEMENT 12" CU YD 753.0 I�. $ 15.00 $ 11,295.00 $ 35.00 $ 26,355.00 $ 5.00 $ 3,765.00 $ 1.00 $ 753.00 35101800 AGGREGATE BASE COURSE,TYPE B,6" SQ YD 934.0 $ 14.75 $ 13,776.50 $ 12.00 $ 11,208.00 $ 12.00 $ 11,208.00 $ 12.15 $ 11,348.10 40600290 BITUMINOUS MATERIALS(TACK COAT) POUND 82137.0„ $ 0.01 $ 821.37 $ 0.01 $ 821.37 $ 0.01 $ 821.37 $ 0.01 $ 821.37 40600982 HOT-MIX ASPHALT SURFACE REMOVAL-BUTT JOINT SQYD $ 12.00 $ 1,224.00 5 25.00 $ 2,550.00 $ 1.00 $ 102.00 $ 15.00 5 1,530.00 40602978 HOT-MIX ASPHALT BINDER COURSE,IL-9.5,N50 TON 34 $ 52.00 $ 179,764.00 $ 76.50 $ 264,460.50 $ 73.50 $ 254,089.50 $ 79.45 5 274,658.65 40603080 HOT-MIX ASPHALT BINDER COURSE,IL-19.0,N50 TON 113.0 x $ 200.00 $ 22.600.00 $ 110.00 $ 12,430.00 $ 115.00 $ 12,995.00 $ 141.70 $ 16,012.10 40603200 POLYMERIZED HOT-MIX ASPHALT BINDER COURSE,IL-4.75,N50 TON 3326.0' $ 100.00 $ 332,600.00 $ 100.00 $ 332,600.DD $ 91.00 $ 302,666.00 $ 99.15 $ 329,772.90 40604060 HOT-MIX ASPHALT SURFACE COURSE,IL-9.5,MIX"D",N50 TON 10095. $ 73.00 $ 736,935.00 $ 76.50 $ 772,267.50 $ 74.50 $ 752,077.50 5 82.15 $ 829,304.25 44000158 HOT-MIX ASPHALT SURFACE REMOVAL,2 1/4" SQ YD !. 83975.S$ 3.50 $ 293,912.50 $ 2.70 $ 226,732.50 $ 3.00 $ 251,925.00 $ 3.60 $ 302,310.00 44000160 HOT-MIX ASPHALT SURFACE REMOVAL,2 3/4" SQ YD30619. $ 4.20 $ 128,599.80 $ 3.301$ 101,042.70 $ 3.40 $ 104,104.60 $ 5.00 $ 153,095.00 70107025 CHANGEABLE MESSAGE SIGN CAL DA 120.0 $ 35.00 $ 4,200.00 $ 25.00 $ 3,000.00 $ 25.00 $ 3,000.00 $ 25.00 $ 3,000.00 78000100 THERMOPLASTIC PAVEMENT MARKING-LETTERS&SYMBOLS SQ FT 1. 90.0 $ 18.00 5 1,620.00 $ 16.50 $ 1,485.00 $ 16.50 $ 1,485.00 $ 5.00 $ 450.00 78000400 THERMOPLASTIC PAVEMENT MARKING-LINE 6" FOOT 50.0'. $ 5.00 $ 250.00 $ 4.55 $ 227.50 $ 4.55 $ 227.50 $ 5.50 $ 275.00 78000600 THERMOPLASTIC PAVEMENT MARKING-LINE 12" FOOT80.0 $ 10.00 $ 800.00 $ 9.25 $ 740.00 $ 9.25 $ 740.00 $ 10.00 $ 800.00 78000650 THERMOPLASTIC PAVEMENT MARKING-LINE 24" FOOT 91.0 $ 18.00 $ 1,638.00 $ 16.50 $ 1,501.50 $ 16.50 $ 1,501.50 $ 24.00 $ 2,184.00 87900200 DRILL EXISTING HANDHOLE EFOOT 2.0'. $ 190.00 $ 380.00 $ 200.00 $ 400.00 $ 175.00 $ 350.00 $ 175.00 $ 350.00 88600600 DETECTOR LOOP REPLACEMENT 490.0 $ 18.50 $ 9,065.00 $ 17.25 $ 8,452.50 $ 17.00 $ 8,330.00 $ 17.00 $ 8,330.00 X0100002 GRADING AND SHAPING 792.0 $ 5.60 $ 4,435.20 $ 3.00 $ 2,376.00 $ 18.00 $ 14,256.00 $ 28.85 $ 22,849.20 X0100003 CLEARING AND GRUBBING 70.0 $ 0.54 $ 145.80 $ 11.00 5 2,970.00 $ 10.00 $ 2,700.00 $ 10.00 $ 2,700.00 X0327036 BIKE PATH REMOVAL 778.0 $ 15.00 $ 11,670.00 $ 12.50 5 9,725.00 $ 10.00 $ 7,780.00 $ 26.50 $ 20,617.00 X7010216 TRAFFIC CONTROL AND PROTECTION,(SPECIAL) L SUM 1.0 $ 45,000.00 $ 45,000.00 $ 5,000.00 $ 5,000.00 $ 233,916.03 $ 233,916.03 $ 127,903.16 $ 127,903.16 NA HOT-MIX ASPHALT DRIVEWAY REMOVAL AND REPLACEMENT,3" SQ NO $ 40.001$ 149,440.00 $ 28.50 $ 106,476.00 $ 37.50 $ 140,100.00 $ 55.20 $ 206,227.20 NA HOT-MIX ASPHALT DRIVEWAY REMOVAL AND REPLACEMENT,3"(SPECIAL) SQ YD $ 62.00 $ 3,348.00 $ 200.00 $ 10,800.00 $ 180.00 $ 9,720.00 $ 64.55 $ 3,485.70 N/A HOT-MIX ASPHALT BIKE PATH REMOVAL AND REPLACEMENT,3" SQ YD 570 " $ 143.00 $ 8,15100 $ 35.00 $ 1,995.00 $ 37.50 $ 2,137.50 $ 102.70 $ 5,853.90 NA HOT-MIX ASPHALT SURFACE REMOVAL,VARIABLE DEPTH EDGE MILL SQ YD 778.0 $ 5.00 $ 3,890.00 $ 3.75 5 2,917.50 $ 2.75 5 2,339.50 $ 20.05 $ 15,598.90 NA HOT-MIX ASPHALT SURFACE PATCH,2"(SPRING ROAD) SQ YO 534.0., $ 40.00 $ 21,360.00 $ 25.00 $ 13,350.00 $ 35.00 $ 18,690.00 $ 46.75 $ 24,964.50 NA CLASS D PATCHES,4 INCH(SPECIAL) SO VD 6417.0:- $ 13.75 $ 88,233.75 $ 22.50 $ 144,382.50 $ 21.00 $ 134,757.00 $ 12.00 $ 77,004.00 NA CLASS D PATCHES,7 INCH(SPECIAL) SQ YD 5 22.50 $ 24,975.00 $ 39.50 $ 43,845.00 $ 40.00 $ 44,400.00 $ 21.00 $ 23,310.00 TOTAL $ 2,122,533.42 TOTAL $ 2,134,765.57 TOTAL $ 2,346,700.00 TOTAL $ 2,513,144.93 W:\Proposals\2022\Oak Brook-Brook Forest Street Improvements\BID TABULATION.xlsx CONCRETE PROPOSALS ITEM NO. PAY ITEM NAME UNIT QUANTITY Martam Construction Schroeder&Schroeder Triggi Construction Alliance Concrete 20101200 TREE ROOT PRUNING 1 ACH 4,0 150.00 ti 6110.oo j 100.00 5 400.00 $ 250.00 $ 1,000.00 $ 250.00 5 1,000-00 20101300 TREE PRUNING(1 TO 10 INCH DIAMETER) EACH 12.0 $ 150.00 $ 1,800.00 $ 100.00 $ 1,200.00 $ 250.00 $ 3,000.00 $ 250.00 $ 3,000.00 20101350 TREE PRUNING(OVER 30 INCH DIAMETER EACH 4,0 150.00 $ 600.00 5 250.00 $ 1,000.00 $ 400.00 $ 1,600.00 $ 250.00 $ 1,000.00 42400200 PORTLAND CEMENT CONCRETE SIDEWALK 5 INCH SQ FT 2025.0 8.00 $ 16,200.00 $ 8.00 $ 16,200.00 5 7.50 $ 15,187.50 $ 10.00 $ 20,250.00 42400800 DETECTABLE WARNINGS SQ FT 32.0 45.00 $ 1,440.00 $ 42.00 $ 1,344.00 $ 30.00 $ 960.00 $ 30.00 $ 960.00 44000600 ISIDEWALK REMOVAL SQ FT 1 1775.0 $ 5.00 $ 8,875.00 $ 2.00 $ 3,550.00 $ 2.50 $ 4,437.50 $ 1.50 $ 2,662.50 56500600 DOMESTIC WATER SERVICE BOXES TO BE ADJUSTED EACH 4.0 S 500.00 $ 2.000.00 $ 175.00 $ 700.00 $ 250.00 $ 1,000.00 $ 250.00 $ 1,000.00 X4021000 TEMPORARY ACCESS(PRIVATE ENTRANCE) EACH 359.0 7 50.00 $ 17,950.00 $ 45.00 $ 16,155.00 $ 1.110 $ 359.00 $ 1.00 $ 359.00 X7010216 TRAFFIC CONTROL AND PROTECTION,(SPECIAL) -SUM ,,,. `+ 33,000.00 $ 33,000.00 $ 12,750.00 $ 12,750.00 $ 51,669.00 $ 51,669.00 $ 10,000.00 $ 10,000.00 X0326806 WASHOUT BASIN L SUM $ 2,500.00 $ 2.500.00 $ 2.250.00 $ 2.250.00 $ 1,500.00 $ 1,500.00 $ 1,000.00 $ 1,000.00 Z0013798 CONSTRUCTION LAYOUT L SUM 1.0 $ 30,000.00 $ 30,000.00 $ 25,250.00 $ 25,250.00 $ 10,000.00 $ 10,000.00 $ 8,000.00 $ 8,000.00 NA HOT MIX ASPHALT REMOVAL(SPECIAL) SQ FT 250.0 $ 10.00 $ 2,500.00 $ 2.50 $ 625.00 $ 1.75 $ 437.50 $ 4.00 $ 1,000.00 NA PORTLAND CEMENT CONCRETE DRIVEWAY REMOVAL AND REPLACEMENT,6" SQ YD 2404.0 S 75,001$ 180,300.00 $ 78.00 $ 187,512.00 $ 75.00 $ 180,300.00 $ 102.00 $ 245,208.00 NA PORTLAND CEMENT CONCRETE DRIVEWAY REMOVAL AND REPLACEMENT,6"(SPEOAL) SQ YD 191.0.,.;. $ 287.00 $ 54,817.00 $ 199.00 $ 38,009.00 $ 125.00 $ 23,875.00 $ 210.00 $ 40,110.00 NA REMOVE AND REPLACE CURB AND GUTTER(SPECIAL) FOOT $ 30.50 $ 1,217,926.00 $ 31.75 $ 1,267,841.00 $ 35.50 $ 1,417,586.00 $ 45.75 $ 1,826,889.00 TOTAL $ 1,570,508.00 TOTAL $ 1,574,786.00 TOTAL $ 1,712,911.50 TOTAL $ 2,162,438.50 SEWER PROPOSALS ITEM NO. PAY ITEM NAME UNITJQU.ANTITY GALAXY UNDERGROUND INC GERARDI SEWER AND WATER RICCIO CONSTRUCTION NERI BROTHERS CONSTRUCTION 28000510 INLET FILTERS EACH20 1 $ 100.00 $ 20,200.00 $ 125.00 $ 25,250.00 $ 200.00 $ 40,400.00 $ 125.00 $ 25,250.00 60221100 MANHOLES,TYPE A,5'DIAMETER,TYPE 1 FRAME,CLOSED LID EACH0 f' $ 8,150.00 $ -8,150.00 $ 7,500.00 $ 7,500.00 $ 8,135.00 $ 8,135.00 5 6,853.00 $ 6,853.00 60238800 INLETS,TYPE A EACHji 0 $ 1,650.00 $ 8,250.00 $ 1,800.00 $ 9,000.00 $ 2,380.00 $ 11,900.00 $ 2,520.00 5 1"A'00.00 60202405 CATCH BASINS,TYPE A,4'DIAMETER EACH0 4,750.00 $ 9,500.00 $ 4,250.00 $ 8,500.00 $ 5,700.00 $ 11,400.00 $ 4,810.00 $ 9,620.00 60406000 FRAMES AND LIDS,TYPE 1,OPEN LID EACH0 390.00 $ 2,340.00 $ 325.00 $ 1,950.00 $ 380.00 $ 2,280.00 $ 315.00 $ 1,890.00 60406100 FRAMES AND LIDS,TYPE 1,CLOSED LID EACH ,°33.0 < 390.00 $ 12,870.00 $ 325.00 $ 10,725.00 $ 395.00 $ 13,035.00 $ 315.00 $ 10,395.00 60404805 FRAMES AND GRATES,TYPE IJV EACH 51.0 530.00 $ 27,030.00 $ 500.00 $ 25,500.00 $ 585.00 $ 29,835.00 $ 455.00 $ 23,205.00 60404900 FRAMES AND GRATES,TYPE 12 EACH 49.0 $ 630.00 $ 30,870.00 $ 625.00 $ 30,625.00 $ 700.00 $ 34,300.00 $ 695.00 $ 34,055.00 X6030310 FRAMES AND LIDS TO BE ADJUSTED(SPECIAL) EACH 73.0 3 $ 650.00 $ 47,450.00 $ 800.00 $ 58,400.00 $ 965.00 $ 70,445.00 $ 1,035.00 $ 75,555.00 X7010216 TRAFFIC CONTROL AND PROTECTION(SPECIAL) LSUM 1.0 $ 1,200.00 $ 1,200.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 9,800.00 $ 9,800.00 Z0017400 DRAINAGE&UTILITY STRUCTURES TO BE ADJUSTED EACH 161.0 $ 365.00 $ 58,765.00 $ 425.00 $ 68,425.00 $ 475.00 $ 76,475.00 $ 425.00 $ 68,425.00 Z0017700 DRAINAGE&UTILITY STRUCTURES TO BE RECONSTRUCTED EACH 6.0 $ 1,550.00 $ 9,300.00 $ 1,875.00 $ 11,250.00 $ 2,015.00 $ 12,090.00 $ 2,520.00 $ 15,120.00 Z0018700 DRAINAGE STRUCTURE TO BE REMOVED EACH 7.0 S 300.00 $ 2,100.00 $ 240.00 $ 1,680.00 $ 650.00 $ 4,550.00 $ 300.00 $ 2,100.00 NA FRAMESAND GRATES-ROLLED TYPE M-3.12 EACH $ 500.00 $ 25,500.00 $ 500.00 $ 25,500.00 $ 565.00 $ 28,815.00 $ 690.00 $ 35,190.00 NA INTERNAL/EXTERNAL CHIMNEY SEAL EACH $ 400.00 $ 1.600.00 5 500.00 $ 2,000.00 $ 725.00 $ 1,900.00 $ 395.00 $ 1,580.00 TOTAL $ 265,125.00 TOTAL $ 291,305.00 TOTAL $ 351,560.00 TOTAL $ 331,638.00 W:\Proposals\2022\Oak Brook-Brook Forest Street Improvements\BID TABULATION.zlsx BRIDGE REPAIR PROPOSALS ITEM NO. PAY ITEM NAME UNIT QUANTITY --n,Construction Alliance Concrete 59000200 EPDXY CRACK INJECTION F,11 )-42.0 > 35.00 $ 4,200.00 $ 62.00 $ 7,440.00 Z0012754 STRUCTURAL REPAIR OF CONCRETE(DEPTH EQUAL TO OR LESS THAN 5") SQ FT $ 140'00 $ 22,400.00 $ 110.00 $ 17,600.00 Z0012755 STRUCTURAL REPAIR OF CONCRETE(DEPTH GREATER THAN 5") SQ FT $ 170.00 $ 8,500.00 $ 110.00 $ 5,500.00 20016200 DECK SLAB REPAIR(PARTIAL DEPTH) SQ YD $ 550.00 $ 23,100.00 $ 750.00 $ 31,500.0020016001 DECK SLAB REPAIR(FULL DEPTH) SQYD $ 950.00 $ 14,250.00 $ 1,000.00 $OTAL S 72,450.00 TOTAL $ 77,040.00 LANDSCAPING PROPOSALS ITEM NO. PAY ITEM NAME UNIT QUANTITY AMERICAN TOPSOIL K-FIVE 21101615 TOPSOIL FURNISH AND PLACE,4" SgYD 10927.0 5 5.00 $ 54,635D0 $ 7,50 $ 81,952.50 25200100 SODDING Sl2 YD 10927.0,1 $ 10.00 $ 109,270.00 $ 12.00 $ 131,124.00 25200200 SUPPLEMENTAL WATERING UNIT 164.00 $ 20.00 $ 3,280.00 $ 25.00 $ 4,100.00 28000400 PERIMETER EROSION BARRIER FOOT 700.00 :„- $ 3.00 $ 2,100.00 $ 3.50 $ 2,450.00 52200800 SEGMENTAL CONCRETE BLOCK WALL SQ FT 1050. $ 20.00 $ 21,000.00 $ 30.00 $ 31,500.00 54262708 METAL END SECTION,8" EACH $ 650.00 $ 650.00 $ 750.00 $ 750.00 60108104 PIPE UNDERDRAINS,TYPE 1,4" FOOT 30 "" $ 15.001$ 4,500.00 $ 20.00 $ 6,000.00 NA BRICK PAVER REMOVAL AND REINSTALLATION,SPECIAL SQ FT 10872.0 $ 10.00 $ 108,720.00 $ 10.50 $ 114,156.00 NA ICOBBLESTONE PAVER REMOVAL AND REINSTALLATION,SPECIAL SQ FT 150.0%' $ 10.00 $ 1,500.00 $ 12.50 $ 1,875.00 NA STORM SEWERS,PVC,N 1,8" FOOT 35.0 +` $ 50.00 $ 1,750.00 $ 55.00 $ 1,925.00 NA IRRIGATION REPAIRS ALLOW 30000.071 $ 1.00 $ 301000.00 $ 1.00 $ 30,000.00 TOTAL S 337,405.00 TOTAL $ 405,832.50 GRAND TOTAL(ALL TRADES) $ 4,368,021.42 W:\Proposals\2022\Oak Brook-Brook Forest Street Improvements\BID TABULATION.xlsx