various asphalt repairs and replacement bid # 1064 · 2020. 8. 13. · replacement bid number 1064...

Project Manual Bid Packet and Specifications

August 13, 2020

Various Asphalt Repairs and Replacement Bid # 1064

23729 W. Ottawa Street Plainfield, IL 60544

Bid Submission Deadline: August 26 @ 10:00:00AM

Bid Opening:

August 26 @ 10:00AM

At

Plainfield Park District 23729 West Ottawa Street

Plainfield, IL 60544

Plainfield Park District

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TABLE OF CONTENTS LEGAL NOTICE: ADVERTISEMENT FOR BID ............................................................................................................... 4

INVITATION TO BID .................................................................................................................................................. 5

INSTRUCTIONS TO BIDDERS ..................................................................................................................................... 6

STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ........................................................... 16

GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ........................................................................... 17

SUPPLEMENTAL CONDITIONS TO AIA DOCUMENT A201-2007 ............................................................................... 18

SPECIAL CONDITIONS ............................................................................................................................................. 38

SCHEDULE .............................................................................................................................................................. 39

APPLICATION AND CERTIFICATE FOR PAYMENT ..................................................................................................... 40

CONTRACTOR’S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS ......................................................................... 40

NOTICE OF AWARD (SAMPLE) ................................................................................................................................ 41

BIDDER CERTIFICATION .......................................................................................................................................... 42

AFFIDAVIT OF EXPERIENCE..................................................................................................................................... 43

BID FORM .............................................................................................................................................................. 44

BID TABLE .............................................................................................................................................................. 45

SUBCONTRACTORS AND SUPPLIERS LIST ............................................................................................................... 49

BIDDER COMPLIANCE AND CERTIFICATIONS ATTACHMENT ................................................................................... 50

SUBSTANCE ABUSE PREVENTION PROGRAM CERTIFICATION ................................................................................ 53

SUMMARY OF WORK ............................................................................................................................................. 54

ASPHALT PAVING-2520 .......................................................................................................................................... 56

EXHIBITS - MAPS .................................................................................................................................................... 64


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LEGAL NOTICE: ADVERTISEMENT FOR BID

The Plainfield Park District is accepting bids for the following: Various Asphalt Repairs and Replacement - Bid # 1064. Sealed proposals will be received until August 26, 2020 @ 10:00 AM by mail or delivered by hand to the Plainfield Park District Administration Office: 23729 W. Ottawa Street, Plainfield, IL 60544. Immediately thereafter, the bids will be publicly opened and read aloud at 23729 W. Ottawa Street, Plainfield, Illinois. Each bid must be placed in an opaque sealed envelope and clearly marked Plainfield Park District Various Asphalt Repairs and Replacement - Bid # 1064. Bids submitted after the closing time will be rejected and returned unopened. No responsibility shall be attached to any person for premature opening of a bid not properly identified. No oral proposals or modifications will be considered. The Plainfield Park District requires all Bidders to comply with all provisions of the Prevailing Wage Ordinance # (820 ILCS 130/0.01 et.seq.). This Ordinance specifies that no less than the General Prevailing Rate of Wages as found by the Park District or Department of Labor or determined by a court on review shall be paid for each craft or type of worker or mechanic needed to execute the contract or perform the work. Potential bidders are advised that a ten percent 10% bid bond is required for bidding; and that performance, labor and material payment bonds will be required. COVID 19 procedures: Consistent with the executive orders issued by the Governor of the State of Illinois and social distancing directives, the above bid opening shall be a virtual bid opening and the public may attend remotely. Information on accessing the bid opening will be distributed to bidders that have notified the District and will be posted on the District website at https://www.plfdparks.org/about-us/projects-for-bid/ on August 24, 2020. Those desiring to bid and obtain bidding information may email Jennifer Rooks-Lopez at the Plainfield Park District at [email protected] beginning August 13, 2020 at 10:00 AM. All correspondence must be in writing through this email. Project manuals are available at no charge through our website at www.plfdparks.org or via email upon request at: [email protected]. The Plainfield Park District (“Owner” or “Park District”) reserves the right to waive all technicalities, to accept or reject any or all bids, and/or to accept only portions of a bid and reject the remainder.

https://www.plfdparks.org/about-us/projects-for-bid/


mailto:[email protected]

mailto:[email protected]


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INVITATION TO BID

August 13, 2020 ‘Plainfield Park District Various Asphalt Repairs and Replacement Bid Number 1064 Dear Bidder: Sealed bids for ‘Plainfield Park District Various Asphalt Repairs and Replacement Bid Number 1064 will be received by the Plainfield Park District at our administrative office, 23729 West Ottawa Street, Plainfield, IL 60544. Bids will be received until exactly August 26, 2020 @ 10:00 AM and then publicly opened and read in in the conference room at the Plainfield Park District, 23729 West Ottawa Street. Plainfield, IL 60544. Bids submitted after the closing time will be returned unopened. No oral or telephone proposals or modifications will be considered. COVID 19 procedures: Consistent with the executive orders issued by the Governor of the State of Illinois and social distancing directives, the above bid opening shall be a virtual bid opening and the public may attend remotely. Information on accessing the bid opening will be distributed to bidders that have notified the District and will be posted on the District website at https://www.plfdparks.org/about-us/projects-for-bid/ on August 24, 2020. Proposals shall be submitted on the attached Bid Form and returned in the envelope provided. All bids must a duly executed and notarized Bidder Certification under Section 33E-11 of the Criminal Code of 1961, as amended, on the form provided by the Plainfield Park District. Failure to provide Bidder Certification within forty-eight (48) hours of the bid opening shall be cause for rejecting the bid. No Bidder may withdraw his proposal after the hour set for the opening thereof, or before award of the contract, unless said award is delayed for a period exceeding forty (45) calendar days. The Plainfield Park District requires all Bidders to comply with all provisions of the Prevailing Wage Ordinance # (820 ILCS 130/0.01 et.seq). This Ordinance specifies that no less than the General Prevailing Rate of Wages as found by the Park District or Department of Labor or determined by a court on review shall be paid each craft or type of worker or mechanic needed to execute the contract or perform the work. Potential bidders are advised that a ten percent 10% bid bond is required and that performance, labor and material payment bonds may be required. The Plainfield Park District will accept the lowest responsible bid, considering terms of delivery, quality, conformity with specifications and serviceability, or may reject all bids without disclosure of a reason. The failure to make such a disclosure shall not result in accrual of any right, claim, or cause of action by any Bidder against the Plainfield Park District. The Plainfield Park District reserves the right to waive irregularities in any bid.




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INSTRUCTIONS TO BIDDERS

DATE: August 13, 2020 BID REQUEST: ‘Plainfield Park District Various Asphalt Repairs and

Replacement Bid Number 1064 Sealed bids will be accepted until exactly at August 26, 2020 @ 10:00 AM and then publicly opened and read in the conference room at the Plainfield Park District, 23729 West Ottawa Street, Plainfield, IL 60544. Any bids received after this time will be considered non-responsive and returned. All Bidders are welcome to attend the bid opening. After bid opening, bids will be submitted for approval to the Plainfield Park District Board of Commissioners at a regularly scheduled meeting.

1. Presentation of Bid Each bid shall be submitted on the enclosed Bid Form. All bids must be written or typed in blue or

black ink and signed by the Bidder. All bids are to be enclosed in a sealed opaque envelope, clearly displaying the Bidder’s name and address. The bid name, date and time of opening must be located in the lower left corner of the envelope. The Plainfield Park District is not responsible for the premature opening of bids not marked as required. Any bid opened prematurely due to the failure of the Bidder to mark the envelope in accordance with this section will be considered non-responsive and returned.

2. Explanation to Bidders Any explanation desired by a Bidder regarding the meaning or interpretation of the bid

documents must be requested in writing no later than five (5) business days prior to the scheduled bid opening. Any addenda shall become part of the Contract Documents and will be furnished to all prospective Bidders. All Bidders must acknowledge each addenda in the bid submittal.

3. Errors and Omissions Bidders are requested to notify the Plainfield Park District of any errors and omissions discovered

in the bid documents. If an error or omission is discovered after the bid opening, the Plainfield Park District reserves the right to determine whether to require the submission of new bids. Such decisions are final and not subject to recourse. Errors and omissions made by the Bidder cannot be corrected after the bid opening. Should discrepancies appear among the contract documents, the successful Bidder shall request in writing an interpretation from the Plainfield Park District no later than five (5) business days prior to the scheduled bid opening before proceeding with the work. If the Bidder fails to make such a request, the Plainfield Park District shall determine which of the conflicting requirements shall govern; and the Bidder shall perform the work at no additional cost to the Plainfield Park District in accordance with said determination.

Omissions from the specifications or the misdescription of details of work which are manifestly

necessary to carry out the intent of specifications or which are customarily performed, shall not relieve the Bidder from performing such omitted or misdescribed details of the work but they shall be performed as if fully and correctly set forth and described in the drawings and specifications.

4. Examination of Site

Bidders shall visit the site prior to submitting their bid. Submission of the bid proposal implies that the Bidder has visited the site and has taken into consideration all conditions that may affect the project. It is the responsibility of the Bidder to comply with all specifications, state and local codes, permits, fees and inspections. No compensation will be made for difficulties in which the Bidder could have reasonably discovered prior to bidding.


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5. Prices The prices submitted shall include:

1. The cost of materials, labor, and equipment either specified, or necessary, for the implementation of the work as described in the Project Scope and Specifications. Subcontracted labor, equipment, or materials should be clearly identified.

2. The cost of any material and/or labor which is not specifically described, but which is necessary to complete the Contract, including project administration costs.

3. The cost of a full-time qualified project manager for the duration of the Contract. 4. The cost of transportation, insurances, bonds, warranties, permits and all other

facilities, and the performance of all labor and services necessary for the proper completion of the work except as may be otherwise expressly provided in the Contract Documents.

6. Withdrawal of Bids No bid may be withdrawn after the public opening. All bids must be valid for a minimum of one

hundred and twenty (120) days after the bid opening. 7. Partial Bids

Bids for only part of the work may be considered. Such bids must cover all work described in that section of the bid specifications, including completion date.

8. Qualifications of Bidder The Plainfield Park District may take action deemed necessary to investigate the qualifications of

each Bidder. Bidders must demonstrate that they have sufficient resources such as capital, construction machinery, sub-contractors, etc. in order to accomplish delivery by the specified completion date. The Plainfield Park District reserves the right to qualify or disqualify bidders as the result of lack of similar project experience and/or any other information obtained from the Bidder’s Affidavit of Experience. Potential Bidders must demonstrate that they have completed five projects of similar scope and cost. Bidders must also demonstrate that they have sufficient resources such as capital, construction machinery, subcontractors, etc. in order to accomplish all construction tasks to complete the Project by the specified completion date.

9. Award of Contract Award of Contract will be made to lowest responsible Bidder that complies with the conditions and

specifications presented herein. Although price is a major consideration in the award of bids, the Plainfield Park District does not award on price alone and will also consider terms of delivery, quality, serviceability and conformity with specifications, as determined by the Plainfield Park District Board of Commissioners. Bids will be awarded to one Bidder for the entire Project. If specified in the Bid Form, awards will be based upon the submitted unit prices. The Plainfield Park District reserves the right to: determine whether a substituted selection, in its judgment, is an acceptable alternate; increase or decrease the quantities shown on the bid; to reject any and all prices or bids submitted without disclosure of reason; waive any irregularity, formality or technicality in any proposal; and accept that bid which is considered in the best interests of the Plainfield Park District. Such decisions are final and not subject to recourse.

10. Contract The accepted Bidder is required to enter into a written contract, with the Plainfield Park District

substantially in the same form contained in the Sample Contract enclosed in this package. 11. Tax Exemption The Plainfield Park District is not subject to federal excise or Illinois retailer’s occupation tax.


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12. Invoicing and Payment Terms for payment are governed by the Local Government Prompt Payment Act, 50 ILCS 505/1,

et.seq.,unless as otherwise modified by the Contract Documents. Invoices should be sent following the acceptance of materials, supplies or equipment by the

Plainfield Park District and should include the following information:

1. Name address and phone number of the Bidder 2. Invoice number 3. Itemized statement of services 4. Any payment discount terms offered 5. Complete W-9 6. Waivers and 7. Certified Payroll when applicable

13. Guarantee and Warranty The successful Bidder warrants to the Plainfield Park District that all materials, supplies and

equipment furnished will be of good quality and new unless otherwise required or permitted by the Specifications, that the materials, supplies and equipment will be free from defects not inherent in the quality required or permitted, and that the materials, supplies and equipment will conform to the Specifications. Materials, supplies and equipment not conforming to the Specifications, including substitutions not properly approved or authorized are defective and will be rejected by the Plainfield Park District. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Bidder, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage.

The Bidder must present the Plainfield Park District with two (2) copies of any manufacturer’s

warranty or guarantee information. If needed, the Bidder agrees to sign over warranties and guarantees to the Plainfield Park District. The Bidder guarantees against any faulty materials or workmanship for a period of one (1) year after final payment. Any such defects must be corrected, either through repair or replacement, at the Bidder’s expense. Any such defects must be corrected, either through repair or replacement, at the Bidder’s expense.

14. Materials All materials supplied by the Bidder shall be new materials of the like and kind specified. Defective

materials and equipment, including those damaged during installation or testing will not be accepted, and must be replaced or repaired in a manner satisfactory to the Plainfield Park District.

15. Substitutions Unless otherwise indicated, the use of a brand name or catalog number in the Specifications is

used for the purpose of establishing a grade or quality. Because the Plainfield Park District does not wish to rule out other competition, whenever a specific brand name or catalog number is mentioned, the Bidder should add the phrase “or approved equal.” Bidders proposing a substitution must request approval in writing to the Plainfield Park District at least five (5) business days prior to the bid opening and mark the items as “or approved equal.” All potential bidders will be notified within three (3) business days by email, fax or U.S. Postal Service of the approval or rejection of a proposed substitution. Bidders wishing to bid on the approved substitution shall submit a complete base bid as specified in the project manual. The alternate bid must be typed and must follow the same format as the base bid. Receipt of the alternate bid will be acknowledged and read at the bid opening. The Plainfield Park District shall be the sole and final judge as to whether any proposed substitute is equal to or better than as specified in the project manual. These decisions are final and not subject to recourse.


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16. Completion Date The Bidder shall complete the work of this Project by the date set forth in the Schedule. Failure of

the Bidder to complete this Project in accordance with the Schedule shall constitute a breach of the Contract.

17. Law Compliance All project work shall comply with all federal, state, county and local laws, ordinances, rules

and regulations and orders that in any manner pertain to this work. Such laws, ordinances, rules and regulations and orders shall be considered a part of these documents. Lack of knowledge on the part of the Bidder will in no way be cause for release of this obligation. Unless as otherwise specified by the Contract Documents, the Bidder shall, at its sole cost and obligation, be responsible for obtaining all permits required to perform its duties under the Contract. The Plainfield Park District reserves the right to reject any bid, cancel any contract and pursue and legal remedies deemed necessary if it becomes aware of a violation of any laws on the part of the Vendor.

18. Substance Abuse Prevention Act and Drug Free Workplace Act

The Bidder shall comply and cause all subcontractors to comply with the requirements and provisions of the Illinois Substance Abuse Prevention on Public Works Projects Act (820 ILCS 265/1 et. seq.), including filing a written substance abuse prevention program with the Plainfield Park District for the prevention of substance abuse among its employees prior to the commencement of the work.

The Bidder shall also comply with the Drug Free Workplace Act (30 ILCS 580/1 et. seq.).

19. Human Rights Act All successful Bidders must comply with the provisions of the Illinois Human Rights Act (Act) dealing

with equal employment opportunities (775 ILCS 5/2-105), including equality of employment opportunity and all Illinois Department of Human Rights regulations. The Bidder also must provide for the adoption and implementation of written Sexual Harassment Policies pursuant to the Act.

20. Equal Employment Opportunity The Bidder and all subcontractors shall not discriminate against any employee or applicant for

employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, sexual orientation or national origin. This provision shall include but is not limited to: employment, upgrading, demotion and transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training including apprenticeship. The Bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the policies of the Equal Opportunity Clause.

21. Fair Employment Bidder’s signature on the Bid Form will be construed as acceptance of and willingness to comply

with all provisions of the acts of the General Assembly of the State of Illinois relating to wages of laborers, preference to citizens of the United States and residents of the State of Illinois, and discrimination and intimidation of employees. Provisions of said act are herein incorporated by reference and become a part of this Proposal and Specifications.

22. Prevailing Wage

The Contractor shall comply with the requirements of the Illinois Prevailing Wage Act(820 ILCS 130/0.01 et.seq.) requiring payment of prevailing wages. The Contractor shall pay or cause to be paid not less than the prevailing rate of hourly wage in the county the work is performed as


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determined by the Illinois Department of Labor for the month in which the work is performed including but not limited to all laborers, workers and mechanics.

The Contractor is required to verify current prevailing wage prior to the first day of each month and to pay the then-current prevailing wage rate as determined by the Illinois Department of Labor, regardless of the rates contained in the Contract Documents. Current prevailing wage rates are published at the following website: http://www.state.il.us/agency/idol/rates/Rates.htm. The Department revises the prevailing wage rates and the contractor/subcontractor has an obligation to check the Department’s web site for revisions to prevailing wage rates. The Contractor agrees to indemnify and hold harmless the Plainfield Park District for any violations of the Prevailing Wage Act.

The Contractor shall also: (1) insert into each subcontract and the project specifications for each subcontract, a written stipulation that the subcontractor shall not pay less than the prevailing rate of hourly wage to all laborers, workers, and mechanics performing work under the contract; and (2) require each subcontractor to insert into each lower-tiered contract and the project specifications for each lower-tiered subcontract, a stipulation that the subcontractor shall not pay less than prevailing rate of hourly wage to all laborers, workers, and mechanics performing work under the contract.

Additionally, any contractor and each subcontractor who participates in public works shall: 1. Make and keep, for a period of not less than 3 years from the date of the last payment

made before January 1, 2014 (the effective date of Public Act 98-328) and for a period of 5 years from the date of the last payment made on or after January 1, 2014 (the effective date of Public Act 98-328) on a contract or subcontract for public works, records of all laborers, mechanics, and other workers employed by them on the project; the records shall include (i) the worker's name, (ii) the worker's address, (iii) the worker's telephone number when available, (iv) the last 4 digits of the worker's social security number, (v) the worker's gender, (vi) the worker's race, (vii) the worker's ethnicity, (viii) veteran status, (ix) the worker's classification or classifications, (x) the worker's skill level, such as apprentice or journeyman, (xi) the worker's gross and net wages paid in each pay period, (xii) the worker's number of hours worked each day, (xiii) the worker's starting and ending times of work each day, (xiv) the worker's hourly wage rate, (xv) the worker's hourly overtime wage rate, (xvi) the worker's hourly fringe benefit rates, (xvii) the name and address of each fringe benefit fund, (xviii) the plan sponsor of each fringe benefit, if applicable, and (xix) the plan administrator of each fringe benefit, if applicable; and

2. No later than the 15th day of each calendar month file a certified payroll for the immediately preceding month with the public body in charge of the project until the Department of Labor activates the database created under Section 5.1 at which time certified payroll shall only be submitted to that database, https://www2.illinois.gov/idol/Laws-Rules/CONMED/Pages/certifiedtranscriptofpayroll.aspx. A certified payroll must be filed for only those calendar months during which construction on a public works project has occurred. The certified payroll shall consist of a complete copy of the records identified in paragraph (1) of this subsection (a), but may exclude the starting and ending times of work each day. The certified payroll shall be accompanied by a statement signed by the contractor or subcontractor or an officer, employee, or agent of the contractor or subcontractor which avers that: (i) he or she has examined the certified payroll records required to be submitted by the Act and such records are true and accurate; (ii) the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required by this Act; and (iii) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class A misdemeanor. A general contractor is not prohibited from relying on the certification of a lower tier subcontractor, provided the

http://www.state.il.us/agency/idol/rates/Rates.htm

https://www2.illinois.gov/idol/Laws-Rules/CONMED/Pages/certifiedtranscriptofpayroll.aspx

https://www2.illinois.gov/idol/Laws-Rules/CONMED/Pages/certifiedtranscriptofpayroll.aspx


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general contractor does not knowingly rely upon a subcontractor's false certification. Any contractor or subcontractor subject to this Act and any officer, employee, or agent of such contractor or subcontractor whose duty as such officer, employee, or agent it is to file such certified payroll who willfully fails to file such a certified payroll on or before the date such certified payroll is required by this paragraph to be filed and any person who willfully files a false certified payroll that is false as to any material fact is in violation of this Act and guilty of a Class A misdemeanor. The public body in charge of the project shall keep the records submitted in accordance with this paragraph (2) of subsection (a) before January 1, 2014 (the effective date of Public Act 98-328) for a period of not less than 3 years, and the records submitted in accordance with this paragraph (2) of subsection (a) on or after January 1, 2014 (the effective date of Public Act 98-328) for a period of 5 years, from the date of the last payment for work on a contract or subcontract for public works or until the Department of Labor activates the database created under Section 5.1, whichever is less. After the activation of the database created under Section 5.1, the Department of Labor rather than the public body in charge of the project shall keep the records and maintain the database. The records submitted in accordance with this paragraph (2) of subsection (a) shall be considered public records, except an employee's address, telephone number, social security number, race, ethnicity, and gender, and made available in accordance with the Freedom of Information Act. The public body shall accept any reasonable submissions by the contractor that meet the requirements of this Section.

3. Sec. 5.1. Electronic database. The Department shall develop and maintain an electronic database capable of accepting and retaining certified payrolls submitted under this Act no later than April 1, 2020. The database shall accept certified payroll forms provided by the Department that are fillable and designed to accept electronic signatures. https://www2.illinois.gov/idol/Laws Rules/CONMED/Pages/certifiedtranscriptofpayroll.aspx.

23. Liability Insurance

The Contractor shall purchase from and maintain in a company/companies, lawfully authorized to do business in the jurisdiction in which the Project is located, such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor’s operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

1. claims under workers’ compensation, disability benefit and other similar employee benefit acts which are applicable to the work to be performed;

2. claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor’s employees;

3. claims for damage because of bodily injury, sickness or disease, or death of any person other than the Contractor’s employees;

4. claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of a conduct directly or indirectly related to employment of such person by the Contractor, or (2) by another person;

5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom;

6. claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; and

claims involving contractual insurance.

The insurance required by shall be written for not less that limits of liability specified below or required by law, whichever coverage is greater. Coverages shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the work

https://www2.illinois.gov/idol/Laws%20Rules/CONMED/Pages/certifiedtranscriptofpayroll.aspx

https://www2.illinois.gov/idol/Laws%20Rules/CONMED/Pages/certifiedtranscriptofpayroll.aspx


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until date of final payment and termination of any coverage required to be maintained after final payment. All coverage shall be primary with respects to all claims arising out of operations performed by or on behalf of the Contractor.

A. Commercial General Liability i. $2,000,000 General Aggregate ii. $2,000,000 Products/Completed Operations Aggregate iii. $1,000,000 Personal Injury iv. $1,000,000 Each Occurrence v. $100,000 Fire Damage vi. $10,000 Medical Expenses

1. Products and completed operations coverage shall be maintained for

three (3) years after final payment. 2. Insurance will provide “X, C and U” (Explosion, Collapse and

Underground Hazard) coverage as applicable. 3. Policy shall be endorsed to have General Aggregate apply to this project

only. 4. Owner shall be included as an insured under the CGL, using ISO

additional insured endorsement CG 20 10 or a substitute providing equivalent coverage, and under the commercial umbrella, if any. The coverage afforded the Owner shall be primary with respect to claims arising out of operations performed by or on behalf of the Contractor. Any insurance or self-insurance maintained by Owner shall be in excess of Contractor’s coverage and shall not contribute to it. The insurance company’s liability shall not be reduced by the existence of such other insurance or self-insurance.

5. CGL insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01, or a substitute form providing equivalent coverage, and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

B. Automobile Liability Insurance

i. $1,000,000 Combined Single Limit ii. $1,000,000 Uninsured Motorists iii. $1,000,000 Under-insured Motorists

1. Coverage to include all owned vehicles, non-owned vehicles and hired or rented vehicles

C. Umbrella Excess Liability

i. $2,000,000 Each Occurrence ii. $2,000,000 Aggregate iii. $10,000 Self-Insured Retention

1. The Owner shall be named as “Additional Insured” on the commercial general liability policy of the general Contractor and/or subcontractor of any tier on a primary, non-contributory basis, using ISO additional insured endorsement CG 20 10 or a substitute providing equivalent coverage, and under the commercial umbrella, if any.

2. CGL insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 10 93, or a substitute form providing equivalent coverage, and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an


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insured contract (including the tort liability of another assumed in a business contract).

D. Workers Compensation, Occupational Disease and Employer’s Liability

Insurance i. State (in which this contract is performed): Statutory limits ii. Applicable Federal (if any): Statutory limits iii. Employer’s Liability ($1,000,000) each accident for bodily injury by accident or

each employee for bodily injury by disease iv. If Owner has not been included as an additional insured under the Commercial

General Liability using ISO additional insured endorsement CG 20 10 under the Commercial General and Umbrella Liability Insurance required in this Contract, the Contractor waives all rights against Owner and its officers, officials, employees, volunteers and agents for recovery of damages arising out of or incident to the Contractor’s work.

E. Installation Floater Each Contractor shall maintain proper insurance to cover any loss or damage to material, product and/or item of equipment, at full replacement value, to be used on or in the project until such time that the material, product and/or item of equipment is made permanently part of the building, structure or project.

24. Insurance Provisions

A. Evidence of Insurance Prior to beginning work, Contractor shall furnish the Plainfield Park District with certificates of insurance and applicable policy endorsements, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth above. All certificates shall provide for 30 days written notice to the Plainfield Park District prior to the cancellation or material change of any insurance referred to therein. Written notice to the Plainfield Park District shall be by certified mail, return receipt requested.

Failure of the Plainfield Park District to demand such certificate, endorsement or other evidence of full compliance with these insurance requirements or failure of the Plainfield Park district to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance.

The Plainfield Park District shall have the right, but not the obligation, of prohibiting

Contractor or any subcontractor from entering the project site until such certificates or other evidence that insurance has been placed in complete compliance with these requirements is received and approved by the Plainfield Park District.

Failure to maintain the required insurance may result in termination of this Contract at the Plainfield Park District’s option.

With respect to insurance maintained after final payment in compliance with the

requirement above, additional certificates evidencing such coverage shall be promptly provided to the Plainfield Park District whenever requested.

The Contractor shall provide certified copies of all insurance policies required above within 10 days of the Plainfield Park District’s written request for said copies.


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B. Acceptability of Insurers For insurance companies which obtain a rating from A.M. Best, that rating should be no less than A, using the most recent edition of the A.M. Best's Key Rating Guide. If the Best's rating is less than A, or a Best's rating is not obtained, the Plainfield Park District has the right to reject insurance written by an insurer it deems unacceptable.

C. Cross-Liability Coverage

If Contractor's liability policies do not contain the standard ISO separation of insured's provision, or a substantially similar clause, they shall be endorsed to provide cross-liability coverage.

D. Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to the Plainfield Park District. At the option of the Plainfield Park District, the Contractor may be asked to eliminate such deductibles or self-insured retentions as respects the Plainfield Park District, its officers, officials, employees, volunteers and agents or be required to procure a bond guaranteeing payment of losses and other related costs including but not limited to investigation, claim administration and defense expenses.

E. Subcontractors

The Contractor shall cause each subcontractor employed by the Contractor to purchase and maintain insurance of the type specified above. When requested by the Plainfield Park District, the Contractor shall furnish copies of certificate(s) of insurance evidencing coverage for each subcontractor. Proof of coverage shall be provided prior to start of work.

25. Indemnification To the fullest extent permitted by law, the Bidder shall indemnify and hold harmless the Plainfield Park

District and their officers, officials, employees, volunteers and agents from and against all claims, damages, losses and expenses including but not limited to legal fees (attorney's and paralegal's fees and court costs), arising out of or resulting from the performance of the Bidder's work, provided that any such claim, damage, loss or expense (i) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, other than the work itself, including the loss of use resulting there from and (ii) is caused in whole or in part by any wrongful or negligent act or omission of the Bidder, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except to the extent it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. The Bidder shall similarly protect, indemnify and hold and save harmless the Plainfield Park District, its officers, officials, employees, volunteers and agents against and from any and all claims, costs, causes, actions and expenses including but not limited to legal fees, incurred by reason of Bidder's breach of any of its obligations under, or the Bidder's default of, any provision of the contract.

26. Bid Rigging and Rotating By submitting a bid, Bidder certifies that it is not barred from bidding on this contract as a result of

violating the bid rigging or bid rotating provisions contained in the Illinois Criminal Code, 720 ILCS 5/33E-3; 5/33E-4. Bidder must sign and return the attached Bidder Certification form with the Bid Form, verifying the Bidder has met this requirement.


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27. Bid Bond Each proposal shall include a bid bond, postal money order, bank draft, certified check, or cashier's check made payable to the Plainfield Park District for ten (10%) percent of the total bid amount. Failure to include a Bid Bond at the time of Bid opening will be cause for the Park District to reject the bid. Bid Bonds will be returned to unsuccessful Bidders as soon as practical after the award of contract, and to the successful Bidder upon execution of the contract by the Plainfield Park District and the Bidder’s delivery of the Contract Bonds

28. Performance and Payment Bond

The Contractor shall deposit with the Plainfield Park District before commencing any work an AIA A312-1984 Performance Bond and Payment Bond for the full amount of the contract, guaranteeing the faithful performance of the work in accordance with the contract, the payment of all indebtedness incurred for labor and materials, and guarantee correction of work for a period of one (1) year after final payment. The cost of each bond shall be included in the contract price set forth above. The surety must be approved by the Park District and be licensed to conduct business in the State of Illinois and be named in the current list of “Surety Companies Acceptable on Federal Bonds,” as published in the Federal Register by Audit Staff, Bureau of Accounts, U.S. Treasury. The Contractor and all subcontractors shall name the Plainfield Park District as an obligee on all bonds. Said bonds shall meet the requirements of the Illinois Public Construction Bond Act( 30 ILCS 550/0.01 et. seq.) and any further amendments thereto. The Contractor shall include in its Performance and Payment Bonds such language as shall guarantee the faithful performance of the Prevailing Wage Act as required in these Bid Documents.

29. Postponement of Date for Opening Proposals The Plainfield Park District reserves the right to postpone the date of presentation and opening of

bids and will give written notice of any such postponement to each interested party.

END SECTION


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STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR A. The American Institute of Architects "AIA Document A101 - Standard Form of Agreement

Between Owner and Contractor, 2007 Edition, is hereby made a part of the Contract Documents.

B. Copies of this Document are available from: Chicago Chapter Office of the American Institute of Architects 222 Merchandise Mart Plaza Chicago, Illinois 60604 (312) 670-7770.

END SECTION


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GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION A. The American Institute of Architects "AIA Document A201-2007 General Conditions of the

Contract for Construction," 2007 Edition, is hereby made a part of the Contract Documents.

B. Copies of this Document are available from: Chicago Chapter Office of the American Institute of Architects 222 Merchandise Mart Plaza Chicago, IL 60604 (312) 670-7770

END SECTION


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SUPPLEMENTAL CONDITIONS TO AIA DOCUMENT A201-2007 The following modifies the "General Conditions of the Contract for Construction," AIA Document A201-2007. Where a portion of the Agreement is modified or deleted the unaltered portions of the Agreement shall remain in effect. To the extent there is a conflict between this document and the A201-2007, the terms of this document shall prevail. ARTICLE 1 GENERAL PROVISIONS 1.1 Basic Definitions 1.1.1 The Contract Documents

1. Add “Advertisement for Bids, Invitation & Instructions to Bidders, Conditions (General, Supplementary and Special Supplementary), Proposal, Surety Bond, Performance Bond, Labor and Material Payment Bond, Plans, Drawings, Specifications, Addenda, Bulletins, Supplemental Plans, Supplemental Specifications, and Standards & Specifications,” after “other documents listed in the Agreement” in lines 3-4.

2. Add “approved by the Owner and” after “a written amendment to the Contract” in line 8.

3. Delete “Unless specifically enumerated in the Agreement, the Contract Documents do not include

the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding requirements.”

1.1.2 The Contract

1. Add “provided, however, Owner shall be a third party beneficiary of any Subcontract agreement under the circumstances set forth in Article 5 herein” after “Sub-subcontractor” in line 5.

1.1.7 Instruments of Service

1. Delete this paragraph in its entirety.

2. Replace heading with “1.1.7 The Project Manual” and add the following: “The Project Manual is a volume assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications.”

1.2 Correlation and Intent of the Contract Documents 1.2.1

1. Delete “indicated” and replace with “intended” before the work “results” in line 5.

2. Add the following at the end of the paragraph: “In the event the Contract Documents conflict, Contractor shall comply with the more stringent of the requirements.”

1.4 Interpretation

1. Change the heading to “1.4.1 Interpretation.”

2. After 1.4.1, add new section “1.4.2 Headings. The headings for each paragraph of the Contract Documents are for convenience and reference purposes only and in no way define, limit or


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describe the scope or intent of said paragraphs or of the Contract Documents nor in any way affect the Contract Documents.”

1.5 Ownership and use of drawings, specifications and other instruments of service

1. Delete “Instruments of Service” and replace with “Project Document” in heading of 1.5. 1.5.1

1. Add “The Contract Documents are owned and copyrighted by the Owner. No Contractor, Subcontractor or Materialman shall retain or claim ownership or copyright of Contract Documents. No Contractor, Subcontractor or Materialman shall use any Contract Document for another project. All Contractors and Subcontractors have a limited license to reproduce portions of Contract Documents for this project, which cannot be obtained from Architect or Owner.” to beginning of the paragraph.

2. Delete “Architect and the Architect’s consultants” and replace with “Owner” in line 6.

3. Delete “authors and” before “owners” and delete the “s” from “owners.”

4. Delete “their respective Instruments of Service, including” and replace with “the Project

Documents, including.”

5. Delete “Instruments of Service” and replace with “Project Documents.”

6. Delete “Architect’s or Architect’s consultants’” and replace with “Owner’s.” 1.5.2

1. Delete “Instruments of Service” and replace with “Drawings and Specifications” in line 2, 3 and 5.

2. Delete “Architect and Architect’s consultants” at the end of the paragraph.

ARTICLE 2 OWNER 2.1 General 2.1.1 Add “excluding matters requiring approval by the Board of Park Commissioners or the Executive Director” after “authorization” in line 3. 2.2 Information and Services Required of the Owner 2.2.1

1. Delete paragraph in its entirety and replace with “Decision of the Owner. All work done under this Contract shall be done to the satisfaction of the Owner who shall in all cases determine the amount of work done which is to be paid for under this Contract. The Owner shall decide all questions that may arise as to the measurements of quantities and the fulfillment of this Contract on the part of the Contractor, and shall determine all questions concerning the true intent or meaning of the Plans and Specifications and his determination and decision shall be final and conclusive.”


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2.2.3

1. Delete “The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work.”

2. Add the following to the end of the paragraph: “The furnishing of surveys by the Owner is not a guarantee of the accuracy of the information contained therein, and shall not relieve the Contractor from its duties under the Contract Documents in general. The submission of a bid for the Work implies that the Contractor has examined the site, taking into consideration all such conditions that may affect the Work, regardless of the information contained in the surveys.”

2.3 Owner’s Right to Stop the Work

1. Delete “or repeatedly” after “Section 12.2” in line 2.

2. Add “any portion of the” after the phrase “fails to carry out” in line 2.

3. Add “or in the event an emergency arises that requires the Work to be stopped,” after the phrase “in accordance with the Contract Documents” in line 2.

4. Add “or the emergency no longer exists;” after “such order has been eliminated.”

2.4 Owner’s Right to Carry Out the Work

1. Delete “ten-day period” and replace with “seven-day period” in line 2.

2. Delete “reasonable” and replace with “actual” before “cost of correcting such deficiencies” in line 5.

3. Delete “Such an action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect” before sentence beginning with “If payments then or thereafter due to Contractor…”

4. Add “Owner’s rights under this Article 2 for Contractor’s deficiencies in the Work are not Owner’s

sole remedies, but are cumulative and may be exercised along with any other rights of Owner as permitted by law” to the end of the paragraph.

ARTICLE 3 CONTRACTOR 3.1 General 3.1.2

1. Add “High quality craftsmanship will be expected in all phases of work. Any elements found unacceptable and not in compliance with the Contract Documents will be removed and replaced by the Contractor until satisfactory results are obtained” after the first sentence.

3.2 Review of Contract Documents and Field Conditions by Contractor 3.2.1

1. Delete “become generally familiar with” and replace with “evaluated the” in line 2.

2. Delete “and correlated personal observations” and replace with “and, except for concealed conditions or those unknown to Contractor, found the site suitable for completing the Work in compliance” in line 2.


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3. Add “Furthermore, execution of the Contract by the Contractor is a representation that the Contract Documents include the construction details, means, methods, procedures and techniques necessary to perform the Work” at the end of paragraph.

3.2.2

1. Delete “observe” and replace with “evaluate” after “shall” in line 4.

2. Add “except to the extent that such errors, omissions or inconsistencies affect Contractor’s services” following the phrase “of discovering errors, omissions, or inconsistencies in the Contract Documents” in line 6.

3. Add “and the Owner” after “shall promptly report to the Architect” in line 8.

4. Delete “as a request for information in such form as the Architect may require” in line 9.

3.2.3

1. Add “Both Architect and” at the beginning of paragraph and add “are” after “Contractor in line 1.

2. Delete “is not” and replace with “are” in line 1.

3. End first sentence with “or lawful orders of public authorities.”

4. Begin next sentence with “The Contractor.”

5. Insert “and the Owner” after “report to the Architect”

6. Delete “as a request for information in such form as the Architect may require” in the last line. 3.2.4

1. Delete “If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15.

2. Add “including any increases in construction costs” after “Owner would have been avoided,” in

line 2.

3. Delete “for differences between field measurements or conditions and the Contract Documents,” in line 5.

3.4 Labor and Materials 3.4.2

1. Delete “Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4,” at the beginning of the paragraph.

2. Add “equivalent to or superior to the specified materials” after “the Contractor may make

substitutions” in line 1.


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3.4.3

1. After 3.4.2 add new section “3.4.3. The materials specified have been determined to have characteristics appropriate for the purposes of this project. No work will be acceptable which utilizes an alternate not approved during the bidding process.”

3.4.4

1. Change “3.4.3. to 3.4.4.”

3.4.5.

1. After 3.4.4 add new section “3.4.5. Contractor shall maintain harmonious labor relations on the job site. If a labor problem arises or any person employed by the Contractor on the Work shall appear to the Owner to be incompetent or conduct himself in a disorderly or improper manner, such person or persons shall be removed from the Work immediately on the request of the Owner. Said removal shall not create any additional cost to Owner and shall not extend the time for completion of the Work.”

3.5 Warranty

1. Create heading “3.5.1” for first paragraph.

2. Add “or the Owner” after “If required by the Architect” in line 6 of newly created 3.5.1.

3. After 3.5.1 add the following new sections 3.5.2. “Warranty protection for a repaired item shall be for twelve months after final acceptance of non-concrete work or the length of the original warranty period, whichever is longer.” “3.5.3. Warranty protection for a repaired item shall be for twenty-four months after final acceptance of concrete work or the length of the original warranty period, whichever is longer. This will cover structural failures, as well as surface erosion due to spalling caused by frost popping soft aggregates within the concrete and surface erosion due to faulty workmanship. All concrete work not meeting high industry standards will be removed and replaced at no charge to the Owner.” 3.5.4. “Defective materials, equipment or workmanship occurring within the Warranty period may be repaired where such produces results conforming to the Contract Documents relating to appearance, performance and reliability. Where the nature of the defective materials, equipment or workmanship is such that acceptable results cannot be obtained by repair, such defective items shall be removed and replace with new materials, equipment or workmanship complying with the Contract Documents.” 3.7 Permits, Fees, Notices, and Compliance with Laws 3.7.3.

1. Delete “knowing it to be” after “If the Contractor performs Work” in line 1. 3.7.4.

1. Delete “21” and replace with “7” in line 6.

2. Add “and the Contract Sum or time for performance of the Work shall not be adjusted” after “reasons” in second to last line.


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3.8 Allowances 3.8.1

1. Delete “but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection” in lines 2-3.

3.9 Superintendent 3.9.1

1. Add “The Contractor’s competent superintendent shall have the knowledge and control of all work under this Contract and shall communicate directly to the Owner upon request” at the end of the paragraph.

3.9.2

1. Add “or Owner” after “the Architect” in line 2.

2. Add “or Owner” after “the Architect” in line 4.

3. Add “or Owner” after Architect and add “or any extension of said time period” after “period” in second to last line.

3.10

1. Add the following new sections after 3.10.3: 3.10.4 Construction Engineering Check. “The Contractor shall notify the Owner three (3) business days in advance of all grading, drainage, and other major items of construction for field checking of construction engineering. All questions pertaining to the Plans, Specifications and details of the Work shall be directed to the Owner and cleared prior to construction.” 3.10.5 Contractor's Construction Schedule. “The Contractor shall provide regular monitoring and updating of the Progress Schedule with monthly Update Reports submitted contemporaneously with the monthly pay application, or more frequently as required by the conditions of the Work. The Update Reports shall indicate progress achieved and activities commenced or completed within the last month.” 3.11 Documents and Samples at the Site

1. Add “and the Owner” and replace the word “will” with “shall” after the Architect in the second to last line.

3.12. Shop Drawings, Product Data and Samples 3.12.10

1. Delete “Owner and the” after “the Architect” in line 7.

2. Delete “will” and replace with “shall” in line 7.

3. Delete “Owner and” after “provided by such design professionals, provided the” in line 14. 4. Change “have” to “has” in line 14.

5. Delete “limited” before “purpose of checking for conformance” in line 16.


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3.13 Use of Site

1. Add heading “3.13.1” before first paragraph.

2. Add the following new sections after newly created 3.13.1: 3.13.2 General Use. “The Contractor shall enforce the Owner's instructions regarding the conduct and use of the site by his employees.” 3.13.3 Property Corners. “Existing property corners on the site shall be replaced by a registered Land Surveyor at the Contractor's expense.” 3.13.4 Parking & Traffic. .1 “Parking of construction vehicles on the site by the Contractor shall not inhibit construction nor

prevent access for emergency or other official vehicles. Parking of private vehicles on the site by the Contractor is prohibited unless said vehicle is necessary in the execution of the Contract. No construction vehicles shall be parked near or under any existing vegetation on the site.”

.2 “Construction traffic and staging shall be permitted only within construction limits as indicated

on plan. The Contractor is responsible for repair of any areas disturbed outside of this area, including grading and sodding. No staging will be permitted on the existing asphalt.”

3.13.5 Fencing. “The Contractor will be responsible for erecting and maintaining construction fencing around the limits of the project site at all times of construction. Failure to erect or maintain this fencing will result in the correction of the problem by the Owner at the expense of the Contractor. The Contractor’s expense will be back charged to the contract, and may include, but are not limited to, the cost of any materials and staff time. This fence must be installed and fully erected before construction operations beginning and tied-up at the end of each working day. All construction fencing must conform to the following specification.

..1 Flexible Safety Fence. High density poly fabric, rigid 2” mesh design, heavy duty strength, 4’ high, safety orange.

.2 Posts. Minimum 14 gauge painted green steel channel posts, min. 5’-6” long driven 18” into the

ground. Post spacing shall be 12’ O.C. with fence tied to each post top, middle and bottom.” And align with previous paragraph.

.3 Tie Material. Heavy gauge vinyl coated wire. 3.13.6 Water Removal. “If, during construction, standing water caused by heavy rains or poor drainage becomes a hazard in the proper execution of the Contract, it shall be the responsibility of the Contractor to provide and make payment for removal of said water to existing drainage swales, storm sewers or other natural or man-made drainage ways.” 3.15 Cleaning Up

1. After 3.15.2 add new section “3.15.3. The Contractor shall walk the site at the close of every work day to assure it is either free of waste material and rubbish, or the waste material and rubbish is secured in a container that is inaccessible to park patrons.”


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3.18 Indemnification 3.18.1

1. Delete the paragraph in its entirety and replace with the following: “To the fullest extent permitted by law, the Contractor shall waive all right of contribution and shall indemnify and hold harmless the Owner and the Architect and their officers, officials, employees, volunteers and agents from and against all claims, damages, losses and expenses, including but not limited to legal fees (attorney's and paralegals’ fees and court costs), arising out of or resulting from the performance of the Contractor’s work, provided that any such claim, damage, loss or expense (i) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (ii) is caused in whole or in part by any wrongful or negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except to the extent it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph. Contractor shall similarly protect, indemnify and hold and save harmless the Owner, its officers, officials, employees, volunteers and agents against and from any and all claims, costs, causes, actions and expenses including but not limited to legal fees, incurred by reason of Contractor’s breach of any of its obligations under, or Contractor’s default of, any provision of the Contract.

In any and all claims against the Owner or the Architect or any of their agents or employees and consultants by any employee of any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph shall not be limited in anyway by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts.

“Claims, damages, losses and expenses" as these words are used in this Contract shall be construed to include, but not limited to (1) injury or damage consequent upon the failure of or use or misuse by Contractor, its Subcontractors, agents, servants or employees, of any hoist, rigging, blocking, scaffolding, or any and all other kinds of items of equipment, including those covered in the Illinois Structural Work Act whether or not the same be owned, furnished or loaned by Owner; (2) all attorneys' fees and costs incurred in bringing an action to enforce the provisions of this indemnity or any other indemnity contained herein; (3) time expended by the party being indemnified and their employees, at their usual rates plus costs of travel, long distance telephone and reproduction of documents; and (4) error or omission or defect in any submission made to Architect / Engineer for its approval or review.”

ARTICLE 4 ARCHITECT 4.1 General 4.1.1

1. Delete this section in its entirety and replace with: "No Architect has been hired by the Owner for Administration of the Contract. Thus, the term "Architect" when it appears in the Contract shall mean "Owner" or "Owner's Representative.

4.1.2

1. Delete “Contractor” in line 2.


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4.1.3

1. Delete this section in its entirety. 4.2 Administration of the Contract 4.2.2

1. Add “as a representative of the Owner” after “The Architect” in the first line.

2. Delete “become generally familiar with” and replace with “supervise and to keep the Owner informed about” in line 2.

3. Add “to endeavor to guard the Owner against defects and deficiencies in the Work” after “and

completed” in line 3.

4. Delete “observed” after “to determine in general if the Work” in line 3. 4.2.12

1. Add “to the Contractor” after “will not be liable” in the second to last line. 4.2.13

1. Delete section in its entirety ARTICLE 5 SUBCONTRACTORS 5.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2.1

1. Delete “14” and replace with “30” in line 4.

2. Add “or any extension thereof” after “period” in the last line. 5.3 Sub-Contractual Relations

1. Add “written” after “appropriate” in the first line.

2. Delete “written where legally required for validity” in the first line. 5.4 Contingent Assignment of Subcontracts 5.4.3

1. Delete “If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the subcontract” at the end of section.


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ARTICLE 7 CHANGES IN THE WORK 7.2 Change Orders 7.2.1

1. Add “Methods used in determining adjustments to the Contract sum may include those listed in Section 7.3.3.” at the end of the section

7.3 Construction Change Directives 7.3.4

1. Delete section in its entirety. 7.3.7

1. Add “and the Owner” after “the Architect” in the second line. 7.4 Minor Changes in the Work

1. Delete section in its entirety. ARTICLE 8 TIME 8.3 Delays and Extensions of Time 8.3.1

1. Delete “pending mediation and arbitration; or by other causes that the Architect determines may justify delay” after “or by delay authorized by the Owner” in line 4.

2. Add “Unless the date of commencement is established by the Contract Documents or a Notice to

Proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work” at the end of the section.

ARTICLE 9 PAYMENT AND COMPLETION 9.3 Applications for Payment 9.3.1

1. Add the following new sections after 9.3.1.2: 9.3.1.3. “The following forms must be used for pay requests (See Samples): (1) AIA Application & Certificate for Payment (G702 & G703); and (2) a Sworn Statement from Contractor and Subcontractor to Owner.” .1 All applications for payment must include (2) two copies of certified payroll furnished by the Contractor and each Subcontractor who performed work or supplied labor during the application period.


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9.3.1.4. Until final payment, the Owner will pay 90% of the amount due the Contractor on account of progress payments. .1 If the manner of completion of the Work and its progress are and remain satisfactory to the Owner and the Architect, for each category of Work shown to be 50% or more complete in the Application for Payment, the Owner may, without reduction to previous retainage, (and on presentation by the Contractor of Consent of Surety) allow any remaining progress payments for each category to be paid at a reduction in retainage. .2 The full Contract retainage may be reinstated if the manner of completion of the Work and its progress do not remain satisfactory to the Owner or if the Surety withholds its consent. .3 After the Work is Substantially Complete and the Architect/Owner has determined that the list of items to be completed and corrected is acceptable, the retention may be adjusted so that the sum has a direct relation to the value of the Work included on the list. .4 Application for Payment shall be made monthly as Work progresses and submitted in duplicate. .5 Applications for Payment must be accompanied by Waivers of Lien, submitted in duplicate, applicable to the State of Illinois. Waivers must be furnished by the Contractor, each Subcontractor and major Material Supplier who perform Work and/or supplied any material and/or labor since the previous application. The consideration shown on all Waivers must be the amount paid, and for which the Waiver was given, and must check with the amount shown on the Application. Waivers shall be dated as of the date of the date of issuance of the Application and Certificate for Payment. .6 Upon application for the first Certificate of Payment, the Contractor shall furnish two (2) copies of his Waiver of Lien for the amount of said Certificate. .7 Upon application for all subsequent Certificates for Payment, the Contractor shall furnish two (2) copies of Partial Waivers of Lien from the Subcontractors and Material Suppliers who received partial payment the previous month. .8 Upon application for final payment by any Subcontractor or Material Supplier, the Contractor shall furnish two (2) copies of the Final Waiver of Lien in the full amount, not just balance due, of the Contract from the Subcontractor or Material Supplier requesting said final payment. Waiver shall say "FINAL." .9 Waiver forms shall be Chicago Title Insurance Company. Payment will not be approved or paid without Waivers of Lien covering the Contractor's current application and the Subcontractor's and Material Supplier's previous months application. In submitting their Applications for Payment, Contractors certify that the Work has been furnished and installed in accordance with the Contract Documents. 9.3.1.5. “Failure to supply waivers of lien or acceptable evidence of payment of all current accounts incurred by this Contract work will be considered grounds for withholding final payment.” 9.7 Failure of Payment

1. Delete this entire paragraph in its entirety and replace with the following: “If the Architect does not issue a recommendation for a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner either (i) does not reject the Architect’s recommendation for a Certificate for Payment, or (ii) does not pay the Contractor within 10 days after the date established in the Contract Documents the amount


29

accepted for payment by the Owner, then the Contractor may, upon seven days additional days’ written notice to the Owner, Architect, and Construction Manager stop the Work. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs incurred of shutdown, and start-up, plus interest as provided for in the Contract Documents.”

9.8 Substantial Completion 9.8.4

1. Add “Contract Documents or the” after “unless otherwise provided in the” in the last sentence. 9.9 Partial Occupancy or Use 9.9.1

1. Delete “as required under Section 11.3.1.5” after “consented to by the insurer” in line 3. 9.10 Final Completion and Final Payment 9.10.3

1. Delete paragraph in its entirety and replace with: “The final payment by Owner shall not relieve the Contractor of the responsibility for the correction of any and all defects in the work performed. Contractor shall correct all defects as notified for the applicable warranty period after final payment.”

9.10.4

1. Delete paragraph in its entirety and replace with the following: “The final payment by Owner shall not relieve the Contractor of the responsibility for the correction of any and all defects in the work performed. Contractor shall correct all defects as notified for a period of one year after final payment.”

ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.3 Hazardous Materials 10.3.2

1. Delete “delay” before “and start-up” in the last line of paragraph. ARTICLE 11 INSURANCE

1. Delete entire Article 11 and replace with the following: 11.1 Contractor’s Insurance Requirements. Contractor shall procure and maintain for the duration of the contract, insurance against claims for death, injuries to persons, or damages to property which may arise from or in connection with the performance of work hereunder by the Contractor, his agents, representatives, employees or subcontractors of the types and in the amounts listed below. 11.1.1 Commercial General and Umbrella Liability Insurance. Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less that $1,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this project/location. CGL insurance shall be written on Insurance Services Office (ISO)


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occurrence form CG 00 01, or a substitute form providing equivalent coverage, and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). Owner, Architect and Construction Manager shall be included as an insured under the CGL, using ISO additional insured endorsement CG 20 10 or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance afforded to Owner, Architect and Construction Manager. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground property damage. 11.1.2 Continuing Completed Operations Liability Insurance. Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each occurrence for at least three years following substantial completion of the work. Continuing CGL insurance shall be written on ISO occurrence form CG 00 01, or substitute form providing equivalent coverage, and shall, at minimum, cover liability arising from products-completed operations and liability assumed under an insured contract. Continuing CGL insurance shall have a products-completed operations aggregate of at least two times its each occurrence limit. Continuing commercial umbrella coverage, if any, shall include liability coverage for damage to the insured’s completed work equivalent to that provided under ISO form CG 00 01. 11.1.3 Business Auto and Umbrella Liability Insurance. Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto including owned, hired and non-owned autos. Business auto insurance shall be written on Insurance Services Office (ISO) form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and later editions of CA 00 01. 11.1.4 Workers Compensation Insurance. Contractor shall maintain workers compensation as required by statute and employers liability insurance. The commercial umbrella and/or employers liability limits shall not be less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. If Owner has not been included as an insured under the CGL using ISO additional insured endorsement CG 20 10 under the Commercial General and Umbrella Liability Insurance required in this Contract, the Contractor waives all rights against Owner and its officers, officials, employees, volunteers and agents for recovery of damages arising out of or incident to the Contractors work. 11.1.5 Contractor’s Obligation to Insure for Bodily Injury Claims. In addition to the above, the Construction Manager will require all Contractor’s to purchase insurance to cover claims and expenses asserted against Architect, its employees and consultants for bodily injury, sickness, disease, or death cause by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable. 11.1.6 General Insurance Provisions

.1 Evidence of Insurance Prior to beginning work, Contractor shall furnish Owner with a certificate(s) of insurance and applicable policy endorsement(s), executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth above. All certificates shall provide for 30 days written notice to Owner prior to the cancellation or material change of any insurance referred to therein. Written notice to Owner shall be by certified mail, return receipt requested. Failure of Owner to demand such certificate, endorsement or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. Owner shall have the right, but not the obligation, of prohibiting Contractor


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or any subcontractor from entering the project site until such certificates or other evidence that insurance has been placed in complete compliance with these requirements is received and approved by Owner. Failure to maintain the required insurance may result in termination of this Contract at Owner’s option. With respect to insurance maintained after final payment in compliance with a requirement above, an additional certificate(s) evidencing such coverage shall be promptly provided to Owner whenever requested. Contractor shall provide certified copies of all insurance policies required above within 10 days of Owner's written request for said copies.

. 2 Acceptability of Insurers. For insurance companies which obtain a rating from A.M. Best, that rating should be no less than A VII using the most recent edition of the A.M. Bests Key Rating Guide. If the Bests rating is less than A VII or a Best’s rating is not obtained, the Owner has the right to reject insurance written by an insurer it deems unacceptable.

.3 Cross-Liability Coverage. If Contractor’s liability policies do not contain the standard ISO separation of insureds provision, or a substantially similar clause, they shall be endorsed to provide cross-liability coverage.

.4 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to the Owner. At the option of the Owner, the Contractor may be asked to eliminate such deductibles or self-insured retentions as respects the Owner, its officers, officials, employees, volunteers and agents or required to procure a bond guaranteeing payment of losses and other related costs including but not limited to investigations, claim administration and defense expenses.

.5 Subcontractors. Contractor shall cause each subcontractor employed by Contractor to purchase and maintain insurance of the type specified above. When requested by the Owner, Contractor shall furnish copies of certificates of insurance evidencing coverage for each subcontractor.

11.2 Performance and Payment Bonds 11.2.1 The Contractor shall deposit with the Owner before commencing any Work an AIA A312-1984 Performance Bond and Payment Bond for the full amount of the contract, guaranteeing the faithful performance of the work in accordance with the Contract, the payment of all indebtedness incurred for labor and materials, payment of the prevailing wage in accordance with paragraph 13.8.1, and guarantee correction of work for a period of one (1) year after final payment. The Surety must be approved by the Owner, and be licensed to conduct business in the State of Illinois and be named in the current list of “Surety Companies Acceptable on Federal Bonds” as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury. 11.2.2 The Contractor and all subcontractors shall name the Plainfield Park District as an obligee on all bonds.” ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work 12.1.2

1. Add “with the consent of the Owner” after “the Architect” in line 2.


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12.2 Correction of Work 12.2.2 After Substantial Completion 12.2.2.1

1. Delete “unless the Owner has previously given the Contractor a written acceptance of such condition” after “shall correct it promptly after receipt of written notice from the Owner to do so” in line 5.

2. Delete “one-year” and replace with “applicable” in line 6.

12.2.2.3

1. Delete section in its entirety. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 Governing Law

1. Delete “except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4.”

13.2 Successors and Assigns 13.2.1

1. Delete “Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract” and replace with “This Contract is nonassignable in whole or in part by Contractor, and an assignment shall be void without the prior written consent of Owner, which consent shall not be unreasonable withheld.”

13.5 Tests and Inspections

1. After 13.5.6 add the following new section.

13.5.7 Retests. “The cost of a retest will be borne by the party requesting the retest, unless the retest shows that the original test or the Work being tested was in error or defective, and in such event, the cost of the retest shall be borne by the other party.” 13.6 Interest

1. Delete “prevailing from time to time at the place where the project is located” and replace with “established in the Illinois Local Governmental Prompt Payment Act” at the end of the paragraph.

13.7 Time Limits on Claims

1. Delete “but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7”


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Add the following new sections after 13.7: 13. 8 Prevailing Rate of Wages 13.8.1 “All contracts for Work herein are subject to the provisions of Prevailing Wage Act, 820 ILCS 130/0.01 et. seq., providing for the payment of prevailing rate of wages to all laborers, workmen, and mechanics engaged on work provided for by this Agreement. The Contractor agrees that, prior to making any payments to its own laborers, workers or mechanics or to any subcontractor that it will determine and pay the then-current prevailing rate of wage as determined by the Illinois Department of Labor and posted at: http://www.state.il.us/agency/idol/rates/Rates.htm. 13.8.2 The Owner may at any time inquire of the Contractor as to rates of wages being paid employees of the Contractor, and any subcontractor or material men, whereupon such information shall be promptly provided by the Owner. The Contractor shall agree to indemnify the Owner for any and all violations of the prevailing wage laws and any rules and regulations now and hereafter issued pursuant to said laws. 13.8.3 The Contractor shall insert into each subcontract and into the project specifications for each subcontract a written stipulation to the effect that not less than the prevailing rate of wages shall be paid to all laborers, workers, and mechanics performing work under the contract and to require each subcontractor to insert into each lower-tiered contract and into the project specification for each lower tiered subcontract a stipulation to the effect that not less than the prevailing rate of wages shall be paid to all laborers, workers, and mechanics performing work under the contract. The Contractor shall cause to be included in all bonds such provision as will guarantee the faithful performance of the prevailing wage obligations as established in the Contract Documents. 13.8.4 The Contractor and each subcontractor shall make and keep, for a period of not less than 3 years, records of all laborers, mechanics, and other workers employed by them on the Project; the records shall include each worker’s name, address, telephone number when available, social security number, classification or classifications, the hourly wages paid in each pay period, the number of hours worked each day, and the starting and ending times of work each day. The Contractor shall submit monthly, in person, by mail, or electronically a certified payroll to the Owner’s Representative with each monthly pay request in the form attached as an exhibit to the Contract Documents or on such other form as specified by the Owner. The certified payroll shall be accompanied by a statement signed by the Contractor or subcontractor which states that: (i) such records are true and accurate; (ii) the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required by this Act; and (iii) the Contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. The Contractor may rely on the certification of a lower tier subcontractor, provided the Contractor does not knowingly rely upon a subcontractor’s false certification. The records submitted in accordance with this payroll submittal provision shall be considered public records pursuant to Section 5 of the Prevailing Wage Act, 820 ILCS 130/5 (2004, as amended by P.A. 94-515). Owner may at its option immediately terminate this Contract in the event that Contractor violates any provision of this paragraph or the Prevailing Wage Act.” 13.9 Sexual Harassment 13.9.1 “The Contractor agrees to execute the attached “Contractor’s Certification Form Certifying Compliance With The Sexual Harassment Provision Of The Human Rights Act” contemporaneously with this Agreement.” 13.10 Bid Rigging 13.10.1 “The Contractor agrees to execute the attached “Contractor’s Certification Under Article 33E Of The Criminal Code” contemporaneously with this Agreement.”


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13.11 Tax Compliance 13.11.1 “The Contractor agrees to execute the attached “Tax Compliance Affidavit” contemporaneously with this Agreement.” 13.12 Drugfree Workplace 13.12.1 “The Contractor shall comply with the Illinois Drug Free Workplace Act as contained in the Illinois Compiled Statutes Ch. 30, Sec. 580/1 et. seq.” 13.13 Equal Employment Opportunity 13.13.1 “All companies entering into contractual relationships with the Owner on federal or state-assisted projects must comply with Federal Equal Opportunity regulations, including, but not limited to Executive Order 11246-11375.” 13.14 Record Keeping 13.14.1 “Contractor and any subcontractor shall keep and maintain accurate books of record and account, in accordance with sound accounting principles, of all expenditures made and all costs, liabilities and obligations incurred under this Contract, and all papers, files, accounts, reports, cost proposals with backup data and all other material relating to work under this Contract and shall make all such materials available at the office of the Park District Executive Director at any reasonable time during the term of this contract and for the length of time established by law or five (5) years, whichever is longer from the date of final payment to Contractor or termination of this Contract for audit, inspection and copying upon Owner's request.” 13.15 Substance Abuse Prevention 13.15.1 “The Contractor shall comply with and cause all subcontractors to comply with the requirements and provisions of the Illinois Substance Abuse Prevention on Public Works Projects Act (820 ILCS 265/1 et. seq.) (the “Act”) by:

.1 Prohibiting the use, possession, distribution or delivery of any drug or alcohol (as defined under the Act) or allowing any employee to be under the influence of any said drug or alcohol while performing the Work;

.2 Filing a written substance abuse prevention program with the Owner for the prevention of substance abuse among its employees prior to the commencement of the Work. Said program shall be available to the general public and, at a minimum, contain the following:

.a A minimum requirement of a 9 panel urine drug test plus a test for alcohol. Testing an employee's blood may only be used for post-accident testing, however, blood testing is not mandatory for the employer where a urine test is sufficient;

.b A prohibition against the actions for the use, possession, distribution or delivery of any drug or alcohol (as defined under the Act) or any employee under the influence of any said drug or alcohol while performing the Work;

.c A requirement that employees performing the Work submit to pre-hire, random, reasonable suspicion, and post-accident drug and alcohol testing. Testing of an employee before commencement of the Work is not required if the employee participated in a random testing program during the 90 days preceding the date on which the employee commenced work hereunder; and


35

.d A procedure for notifying an employee that he or she may not perform any of the Work if he or she: 1) uses, possess, delivers or is under the influence of a drug or alcohol as prohibited under the Act; 2) tests positive for the presence of a drug as outlined in the Act; or 3) refuses to submit to drug or alcohol testing as required under the Contractor’s substance abuse program until the employee tests negative for the presence of drugs or alcohol as outlined in the Act or has been approved to commence or return to work in accordance with the Contractor’s substance abuse program.

.3 Immediately removing and/or prohibiting access to the Work site of any employee who: 1) uses, possess, delivers or is under the influence of a drug or alcohol as prohibited under the Act; 2) tests positive for the presence of a drug as outlined in the Act; or 3) refuses to submit to drug or alcohol testing as required under the Contractor’s substance abuse program. Said employee shall be prohibited from the Work site until he or she tests negative for the presence of drugs or alcohol as outlined in the Act or has been approved to commence or return to work in accordance with the Contractor’s substance abuse program; and

.4 Complying with all other requirements of the Act. 13.15.2 Failure by the Contractor to comply with the requirements of the Illinois Substance Abuse Prevention on Public Works Projects Act shall constitute a material default of the Contract and shall give the Owner the right to pursue any remedy available to it at law or in equity, including termination of this Contract for cause in the Owner’s sole discretion and any other remedy as provided in this Contract. In the event of a default hereunder, Contractor shall also pay to the Owner all damages Owner is entitled to under this Contract that arise from the default, together with interest, costs, and the Owner’s reasonable attorney fees.” ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 Termination by the Contractor 14.1.1

1. Delete “.4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor’s request, reasonable evidence as required by Section 2.2.1.”

14.1.3

1. Delete “,including reasonable overhead and profit, costs incurred by reason of such termination, and damages” at the end of section.

14.2 Termination by the Owner for Cause 14.2.1.1

1. Add “persistently or” at the beginning of section. 14.2.1.3

1. Add “persistently or” at the beginning of section.


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14.2.2

1. Delete section in its entirety and replace with “When any of the above reasons exist, the Owner may without prejudice to any other rights or remedies of the Owner and after giving the Contractor seven days’ written notice, terminate employment of the Contractor and may,

.1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by or leased to the Contractor;

.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient.” 14.4 Termination by the Owner for Convenience 14.4.3

1. Delete “along with reasonable overhead and profit on the Work not executed” at the end of section.

ARTICLE 15 15.1 Claims 15.1.1 Definition

1. Delete section in its entirety and replace with “A “Claim” is a written demand or assertion by the Contractor seeking adjustment to interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms or arising out of the Contract.”

15.1.2 Notice of Claims

1. Delete “either” and “Owner or” from first line.

2. Delete “other party” and replace with “Owner” in the first line.

3. Delete “Either party must” and replace with “Contractor must” in second line 2.

4. Delete “15” and replace with “21” in two places in second line 3.

5. Delete “claimant” and replace with “Contractor” in the second last line. 15.1.3 Continuing Contract Performance

1. Delete section in its entirety and replace with “Pending final resolution of a Contractor’s Claim, the Contractor shall proceed diligently with the performance required of him under the Contract.”


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15.1.5.3

1. After 15.1.5.2 add new subsection 15.1.5.3: 15.1.5.3 Unit Prices. “The Contractor shall be responsible for notifying the Owner of any discrepancies or additions to work items completed on a unit price basis. This notification must take place prior to the execution of the Work. The purpose of this requirement is to make sure the Owner is aware of the extra items affecting the cost of the original contract amount. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the corrected sum thereof will be resolved in favor of the corrected sum.” 15.1.7 Resolution of Disputes

1. After 15.1.6, add new section “15.1.7 Resolution of Disputes.”

2. Add the following subsections to 15.1.7: 15.1.7.1 Venue. “Any suit or action arising under this Contract shall be commenced in the Circuit Court of Cook County, Illinois, but only after exhausting all possible administrative remedies.” 15.1.7.2 Attorneys’ “Fees and Costs. In any suit or action arising under this Contract the prevailing party shall be entitled to an award of reasonable attorney's fees and costs of litigation.” 15.1.7.3 Limitations On Contractor’s Claims. “No suit or action shall be maintained by Contractor, its successors or assigns, against Owner on any claim based upon or arising out of this Contract or out of anything done in connection with this Contract unless such action shall be commenced within one year of the termination of this Contract.” 15.1.7.4 Waiver of Punitive Damages. “The Contractor and Owner waive all claims against each other for all punitive damages arising out of or relating to this Contract, but nothing in this Subparagraph 4.4.4 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.” 15.2 Initial Decisions

1. Delete section in its entirety.

END OF SECTION


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SPECIAL CONDITIONS

1. Liquidated Damages

NOT A PENALTY Failure on the part of the Contractor to complete the Project by the time specified will result in added expense, loss and damage to the Owner. Liquidated damages are established because such expense, loss and damage are not reasonably ascertainable and not as a penalty to the Contractor. AMOUNT For each calendar day past the completion date established in the Agreement, the amount

of liquidated damages will be one hundred dollars ($100.00) per day and represent a fair and reasonable attempt to fix just compensation caused by the delay.

NON-WAIVER None of the following acts shall constitute a Waiver of the Contractor's obligation to pay

liquidated damages or any portion thereof: 1. Acceptance of any portion of the Work or payment to the Contractor thereof. 2. Substantial completion of a portion of the Work or the occupancy thereof by the

Owner. 3. Owner requiring/allowing the Contractor to complete the Work. ADDITIONAL COSTS/CLAIMS OF OTHER PARTIES Owner's right to recover liquidated damages is in addition to and not a substitute for any

right of recovery for additional costs incurred. Nor shall Owner's right to recover liquidated damages be a substitution for or bar to recovery of any additional compensation Owner may be obliged to pay the Architect/Engineer, contractors, for other Work on the project occasioned by Contractor's failure to perform.

OTHER RIGHTS AND REMEDIES The rights and remedies of the Owner herein provided are in addition to any other rights

and remedies provided under the Contract or by operation by law.

2. Construction Permits Upon signing this contract, the contractor is responsible for submitting, coordinating and obtaining all necessary permits associated with the construction of this project. The contractor is not responsible to revise and or alter the design as shown on the plans based on the permit review. All costs associated with permitting are to be included in the general conditions of this contract.

3. Construction Meetings The Plainfield Park District will schedule weekly on-site construction meetings to review construction and address project concerns.

END OF SECTION


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SCHEDULE COMPLETION OF WORK The Owner requires the project is completed by:

November 30, 2020.

CONSTRUCTION SCHEDULE SUBMITTAL

A. Within ten (10) calendar days of Notice of Award, Bidder shall submit and review with the Owner a formal delivery schedule identifying the sequencing of events.

B. Access to the work area is to be controlled by the contactor with barricades and traffic cones as necessary in all work areas until such time as new work is traffic ready. Closing of portions of parking lots must be coordinated with owner. All work to be completed in a neat and workmanlike manner.

END OF SECTION


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APPLICATION AND CERTIFICATE FOR PAYMENT A. The American Institute of Architects "AIA Document G702 - Application and Certificate for

Payment", 1992 Edition, including Continuation Sheet G703, is hereby made a part of the Contract Documents.


CONTRACTOR’S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS A. The American Institute of Architects "AIA Document G706 - "Contractor's Affidavit of

Payment of Debts and Claims", 1994 Edition, is hereby made a part of the Contract Documents.



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NOTICE OF AWARD (SAMPLE) SUBJECT: PLAINFIELD PARK DISTRICT Dear Mr/Ms , The Plainfield Park District (Owner) has considered the Bid submitted by ____________________ for the subject project dated . You are hereby notified that your Bid has been accepted for the Base Bid in the amount of $_____ . You are required to execute the Agreement and furnish within ten (10) calendar days from the date of this Notice of Award. If you fail to execute said Agreement within ten (10) days, the Owner will be entitled to consider all your rights arising out of the acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Sincerely, Jennifer Rooks-Lopez Director of Parks & Planning ******************************************************************************** ACCEPTANCE OF NOTICE Receipt of this "NOTICE OF AWARD" is hereby acknowledged this _____ day of _______________, 20__. _______________________________ Signature _______________________________ Print Name _______________________________ Title


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BIDDER CERTIFICATION I,_________________________________ having been first duly sworn on oath, do depose and state (Print Name) that I presently reside at _______________________________________________, and that I am the (Address, City, State, State) duly authorized principal, officer or agent of_____________________________________________ (Name of Company) and do hereby certify to Plainfield Park District, its Commissioners, officers and employees that neither I nor __________________________________________ are barred from bidding on the contract for (Name of Company) ‘Plainfield Park District Various Asphalt Repairs and Replacement Bid Number 1059 for which this bid is submitted, as a result of violation of either Section 33E-3 ("Bid-rigging") or Section 33E-4 ("Bid- rotating") of Article 33E of the Criminal Code of 1961 of the State of Illinois approved July 28, 1961, as amended. ___________________________________ _________________________________ Individually and on behalf of Vendor Address ___________________________________ __________________________________ Title Fax ___________________________________ _________________________________ Telephone Email ****************************

STATE OF ILLINOIS SS. COUNTY OF WILL

I, the undersigned, a notary public in and for the State and County aforesaid, hereby certify that ______________________________________________________________ appeared before me this day in person and, being first duly sworn on oath, acknowledged that he/she is authorized to act on behalf of Bidder, and that he/she executed the foregoing certificate as his/her free act and deed and as the act and deed of Bidder. Dated: ________________ 20____________ My commission expires:_________ _______________________________ (Notary Public) (Notary Seal)


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AFFIDAVIT OF EXPERIENCE ______________________________________, being duly sworn, says that he/she is ________________________________________________of______________________________, (Sole Owner, Member of Firm, Corporate Official) (Individual, Firm, Corporate Name) which has done work for the following parties of or the general kind and approximate magnitude required under this Contract: (list project name, contact, phone number and date of completion). I/we hereby

authorize the Plainfield Park District to contact the individuals listed below. Please list at least five (5) projects

of similar cost and scope. Contractor may attach an additional sheet of references.

Project Name Contact Phone # Completion Date

__________________________________________ (Signature) Subscribed and sworn to before me this Notary Seal _______________ day of _______________, 20__ _____________________________________ ( Notary Public ) My commission expires: ________________


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BID FORM

‘Plainfield Park District Various Asphalt Repairs and Replacement Bid Number 1064 Proposal of , Hereinafter called "BIDDER", (a)/(an) (corporation, partnership, individual) doing business as_________________________________________________________________ To the Plainfield Park District, hereinafter called the "Owner". The Bidder, in response to your advertisement for bids for ‘Plainfield Park District Various Asphalt Repairs and Replacement Bid Number 1064 having examined the Specifications and other Contract documents, hereby proposes to furnish and deliver all materials and supplies in accordance with the Contract Documents and install same, within the time set forth therein and at the prices stated below. These prices are to cover all expenses including delivery to Plainfield, Illinois. Bidder acknowledges receipt of the following Addenda, which are a part of the Contract Documents: Addenda Numbers: , , , , , , Bidder hereby agrees to start work within ten (10) days after receipt of "Notice to Proceed" from the Owner and to substantially complete the project as specified in the Bid Packet. Bidder agrees to perform all of the work described in the Contract Documents for the following price: TOTAL BASE BID $_____________________________________________ ALTERNATE #1: Arbor Creek: Grind and Overlay $_____________________________________________ ALTERNATE #2: Arbor Creek North Patching $_____________________________________________ ALTERNATE #3: The Oaks at Van Horn $_____________________________________________


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BID TABLE BASE BID

LOCATION WORK AREA/UNITS UNIT PRICE EXTENDED PRICE

Norman Greenway trail

Remove and replace existing asphalt. Excavate failed asphalt and debris to average depth of 3 inches, remove spoils, and dispose. Re-grade and compact adding, if necessary, CA-6 stone. Install new asphalt per specifications (1” Surface & 2” Binder). 550 LF x 8’ wide

4,400+/- SF $ $

Norman Greenway Trail

Grind & Overlay 610 LF x 8 wide. Install per spec

4,880+/- SF $ $

Riverside Canoe Launch

Patching: Saw cut, remove and replace 2” surface 1” binder. Level base and add as needed 49 LF x 8’ wide

392 SF+/- $ $

Riverside Canoe Launch

Remove and replace existing asphalt. Excavate failed asphalt and debris to average depth of 3 inches, remove spoils, and dispose. Re-grade and compact adding, if necessary, CA-6 stone. Install new asphalt per specifications (1” Surface & 2” Binder) 154 LF x 8’ wide

1,232 SF +/- $ $

Total Base Bid (record on page 44) $______________________________________


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Unit Pricing WORK UNITS UNIT PRICE CA-6 Gravel including excavation, grading and compaction

CF $

New Asphalt 2” base course 1” surface course

SF $

Patching –including cutting and removing existing asphalt

SF $

Excavation and grading SF $

ALTERNATE BIDS Alternate Bid #1 Arbor Creek: Grind and Overlay


Arbor Creek Grind & Overlay 2,215 LF x 8 wide. Install per spec

17,720+/- SF $ $

Total Arbor Creek Grind and Overlay $________________________________ Alternate Bid #2 Arbor Creek North: Patching


Arbor Creek Patching: Saw cut, remove and replace 2” surface 1” binder. Level base and add as needed 10 LF x 8’ wide

80+/- SF $ $

Total Arbor Creek North: Patching $________________________________


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Alternate Bid #3 Oaks at Van Horn Path


Oaks at Van Horn Path

Patching: Saw cut, remove and replace 2” surface 1” binder. Level base and add as needed 75 LF x 8’ wide

600 +/-SF $ $


Remove and replace existing asphalt. Excavate failed asphalt and debris to average depth of 3 inches, remove spoils, and dispose. Re-grade and compact adding, if necessary, CA-6 stone. Install new asphalt per specifications (1” Surface & 2” Binder) 900 LF x 8’ wide

7,200 +/- SF $ $

Total Oaks at Van Horn $_____________________________________________ ********************************(Record Each Alternate Price on Page 44)*************************************


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In submitting this bid, it is understood that the right is reserved by the Owner to reject any and all bids and it is agreed that this bid may not be withdrawn during the period of days provided in the Contract Documents. The Bidder hereby certifies: A. That this bid is genuine and is not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation. B. That he has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. C. That he has not solicited or induced any person, firm, or corporation to refrain from bidding. D. That he has not sought by collusion or otherwise to obtain for himself any advantage over any other bidder or over the "Owner". E. That he will comply with all provisions of the Prevailing Wage Ordinance adopted by the Plainfield Park District. F. That he is in compliance with the Criminal Code Act of 1961, Article E-11, Public Contracts, and Public Act 85-1295.

G. That all materials, methods and workmanship shall conform to the drawings, specifications, manufacturer's standards and specifications. By_____________________________ FIRM NAME________________________________ (Sign and Date) ____________________________________ (Address) _______________________________ ____________________________________ (Print Name) _______________________________ ____________________________________ (Fax) (Phone)

******************** STATE OF ILLINOIS

SS. COUNTY OF WILL I, the undersigned, a notary public in and for the State and County aforesaid, hereby certify that ______________________________________________________________ appeared before me this day in person and, being first duly sworn on oath, acknowledged that he/she is authorized to act on behalf of Bidder, and that he/she executed the foregoing Bid Form as his/her free act and deed and as the act and deed of Bidder. Dated: _________ 20____. My commission expires:____________ _______________________________ (Notary Seal) (Notary Public)


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SUBCONTRACTORS AND SUPPLIERS LIST The subcontractors and suppliers listed below will be involved in this contract work in the assignments listed. We understand that any deviation from this list must be requested and approved in writing ten (10) days before the start of the work that is involved. Failure to complete this list will result in rejection of bid. Legal name, current telephone number and address of all subcontractors must be included. Subcontractors / Assignment ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Suppliers / Materials ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________


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BIDDER COMPLIANCE AND CERTIFICATIONS ATTACHMENT Note: The following certifications form an integral part of the Agreement between the Owner and Bidder. Breach by Bidder of any of the certifications may result in immediate termination of the Bidder's services by Owner. THE UNDERSIGNED BIDDER HEREBY ACKNOWLEDGES, CERTIFIES, AFFIRMS AND AGREES AS FOLLOWS: A. Bidder has carefully read and understands the contents, purpose and legal effect of this document

as stated above and hereafter in this document. The certifications contained herein are true, complete and correct in all respects.

B. Bidder shall abide by and comply with, and in contracts which it has with all persons providing any

of the services or Work on this Project on its behalf shall require compliance with, all applicable Federal, State and local laws and rules and regulations including without limitation those relating to 1) fair employment practices, affirmative action and prohibiting discrimination in employment; 2) workers' compensation; 3) workplace safety; 4) wages and claims of laborers, mechanics and other workers, agents, or servants in any manner employed in connection with contracts involving public funds or the development or construction of public works, buildings or facilities; and 5) steel products procurement.

C. To the best of Bidder's knowledge, no officer or employee of Bidder has been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, or any unit of local government, nor has any officer or employee made an admission of guilt of such conduct which is a matter of record. D. Bidder is not barred from bidding on or entering into public contracts due to having been convicted of bid-rigging or bid rotating under paragraphs 33E-3 or 33E-4 of the Illinois Criminal Code. Bidder also certifies that no officers or employees of the Bidder have been so convicted and that Bidder is not the successor company or a new company created by the officers or owners of one so convicted. Bidder further certifies that any such conviction occurring after the date of this certification will be reported to the Owner, immediately in writing, if it occurs during the bidding process, or otherwise prior to entering into the Contract therewith. E. Pursuant to the Illinois Human Rights Act (775 ILCS 5/2-105), Bidder has a written sexual harassment policy that includes, at a minimum, the following information: (i) a statement on the illegality of sexual harassment; (ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment utilizing examples; (iv) the Bidder's internal complaint process including penalties; (v) the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and directions on how to contact both; and (vi) protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. Bidder further certifies that such policy shall remain in full force and effect. A copy of the policy shall be provided to the Illinois Department of Human Rights upon request.


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F. Bidder shall abide by the "Employment of Illinois Workers on Public Works Act" (30 ILCS 570/0.01

et seq.) which stipulates that whenever there is a period of excessive unemployment in Illinois, defined as any month immediately following two (2) consecutive calendar months during which the level of unemployment in Illinois exceeds five percent (5%) as measured by the U.S. Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, the Bidder shall employ only Illinois laborers unless otherwise exempted as so stated in the Act. ("Illinois laborer" means any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident). Other laborers may be used if Illinois laborers are not available or are incapable of performing the particular type of work involved if so certified by the Bidder and approved by the Owner.

G. Bidder's bid proposal was made without any connection or common interest in the profits anticipated to be derived from the Contract by Bidder with any other persons submitting any bid or proposal for the Contract; (ii) the Contract terms are in all respects fair and the Contract will be entered into by Bidder without collusion or fraud; (iii) no official, officer or employee of the Owner has any direct or indirect financial interest in Bidder's bid proposal or in Bidder, (iv) the Bidder has not directly or indirectly provided, and shall not directly or indirectly provide, funds or other consideration to any person or entity (including, but not limited to, the Owner and the Owner’s employees and agents), to procure improperly special or unusual treatment with respect to this Agreement or for the purpose of otherwise improperly influencing the relationship between the Owner and the Bidder. Additionally, the Bidder shall cause all of its officers, directors, employees, (as the case may be) to comply with the restrictions contained in the preceding sentence. H. Bidder knows and understands the Equal Employment Opportunity Clause administrated by the Illinois Department of Human Rights, which is incorporated herein by this reference, and agrees to comply with the provisions thereof. Bidder further certifies that Bidder is an "equal opportunity employer" as defined by Section 2000 (e) of Chapter 21, Title 42 of the United States Code by this reference. I. Neither Bidder nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act. J. Bidder is not barred from contracting with the Owner because of any delinquency in the payment of any tax administrated by the Illinois Department of Revenue, unless it is being contested. Bidder further certifies that it understands that making a false statement regarding delinquency in taxes is a Class A misdemeanor and, in addition, voids the Contract and allows the Owner, a municipal entity, to recover in a civil action all amounts paid to the Bidder. K. If Bidder has 25 or more employees at the time of letting of the Contract, Bidder knows, understands and acknowledges its obligations under the Illinois Drug Free Workplace Act (30 ILCS 580/1 et seq.) and certifies that it will provide a drug-free workplace by taking the actions required under, and otherwise implementing on a continuing basis, Section 3 of the Drug Free Workplace Act. Bidder further certifies that it has not been debarred and is not ineligible for award of this Contract as the result of a violation of the Illinois Drug Free Workplace Act.


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L. Bidder knows, understands and acknowledges its obligations under the Substance Abuse Prevention on Public Works Act, 820 ILCS 265/1 et seq. A true and complete copy of Bidder’s Substance Abuse Prevention Program Certification is attached to and made a part of this Bidder Compliance and Certification Attachment. M. The Bidder shall comply with the requirements and provisions of the Freedom of Information Act (5 ILCS 140/1 et. seq.) and, upon request of the Plainfield Park District’s designated Freedom of Information Act Officer (FOIA Officer), Bidder shall within two (2) business days of said request, turn over to the FOIA Officer any record in the possession of the Bidder that is deemed a public record under FOIA. Sign and Date: _________________________ Firm Name:__________________________ Print Name & Title: _____________________ Address:----------------------------------------------- Phone: ___________________________ _____________________________ Fax: ___________________________ Email: _____________________________

****************************

STATE OF _________________ SS. COUNTY OF ____________________

I, the undersigned, a notary public in and for the State and County aforesaid, hereby certify that ______________________________________________________________ appeared before me this day in person and, being first duly sworn on oath, acknowledged that he/she is authorized to act on behalf of Bidder, and that he/she executed the foregoing certificate as his/her free act and deed and as the act and deed of Bidder. Dated: ________________ 20________ Notary Public ___________________________


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SUBSTANCE ABUSE PREVENTION PROGRAM CERTIFICATION

The Substance Abuse Prevention on Public Works Projects Act, 820 ILCS 265/1 et seq., (“Act”) prohibits any employee of the Bidder or any Subcontractor on a public works project to use, possess or be under the influence of a drug or alcohol, as those terms are defined in the Act, while performing work on the project. The Bidder/Subcontractor [circle one], by its undersigned representative, hereby certifies and represents to the Plainfield Park District that [Bidder/Subcontractor must complete either Part A or Part B below]: A. The Bidder/Subcontractor [circle one] has in place for all of its employees not covered by a collective bargaining agreement that deals with the subject of the Act a written substance abuse prevention program, a true and correct copy of which is attached to this certification, which meets or exceeds the requirements of the Substance Abuse Prevention on Public Works Act, 820 ILCS 265/1 et seq. [Bidder/Subcontractor must attach a copy of its substance abuse prevention program to this Certification.] Name of Bidder/Subcontractor (print or type) Name and Title of Authorized Representative (print or type) Dated: Signature of Authorized Representative B. The Bidder/Subcontractor [circle one] has one or more collective bargaining agreements in effect for all of its employees that deal with the subject matter of the Substance Abuse Prevention on Public Works Projects Act, 820 ILCS 265/1 et seq. Name of Bidder/Subcontractor (print or type) Name and Title of Authorized Representative (print or type) Dated: Signature of Authorized Representative


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SUMMARY OF WORK DIVISION 1 - GENERAL REQUIREMENTS 1.00 GENERAL 1.01 SUMMARY Intent of project is to correct cross slope deficiencies and repair failing asphalt at various trails within the Park Disttict. Areas shown on plans are approximate and will be marked in field prior to construction by owner. Contractor will adjust the sections so that the cross slope is no greater that 2% and slope is no greater than 5%. Dispose of excess excavated material not required or suitable for backfill and other waste material in a lawful manner. Contractor is responsible for restoration of damage to turf during construction Contract will include the following: 1. Removals and Demolition 2. Grading 3. Asphalt Paving-Path construction and renovation 1.02 CONTRACTS

A. Construct the work under a single fixed-price contract (lump sum amount) in accordance with the specifications drawings.

1.03 WORK SEQUENCE AND COORDINATION Coordinate the construction operations included in various Sections of these Specifications to assure efficient and orderly installation of each part of the Work. 1.04 CONTRACTORS USE OF PREMISES

A. Contractor shall limit the use of the premises for work and for storage and to allow for work by Owner.

B. Coordinate use of premises under direction of the Owner’s representative. C. Assume full responsibility for the protection and safekeeping of materials and equipment under this Contract, stored on the site. D. Move any stored equipment or materials under Contractor’s control, which interfere with operations of the Owner or separate contractor. E. Obtain and pay for the use of additional storage or work areas needed for operations. 1.05 OWNER OCCUPANCY

A. Owner may occupy the premises during the entire period of construction for the conduct of his normal operations and construction. Cooperate with Owner’s Representative in all construction operations to minimize conflict, and to facilitate Owner usage.

B. Contractor shall, at all times, conduct all their operations as to ensure the least inconvenience to the general public.

1.06 CONTRACTORS RESPONSIBILITY

A. Contractor shall provide layout of site development and establish and guarantee all main lines, levels, etc. to be called for on the drawings.


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B. The contractor shall procure all permits, licenses, bonds, pay all required charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work for the locale in which the work is taking place. This shall include, but not be limited to, the Village of Plainfield; the Plainfield Township; the City of Joliet, the Village of Bolingbrook; and the Will County or Kendall County Development offices. This work and all costs involved shall be considered incidental to the contract.

1.07 LIMITS OF CONSTRUCTION AND CONSTRUCTION TRAFFIC Construction traffic and staging shall be permitted only within the construction limits or construction fence limits as indicated on the plan. The Contractor shall be responsible for repair of any areas disturbed outside this area. 1.08 STORM WATER STRUCTURES AND LINES The Contractor is responsible for locating all existing storm water structures and lines prior to making connections to them, and to determine if they are functioning properly. All storm water lines intercepted during site excavations shall be repaired or abandoned as determined by the Owner’s representative. 1.09 CONSTRUCTION VEHICLE PARKING It will be the responsibility of the Contractor to control construction vehicle parking. Vehicles will not be permitted within the work zone unless they are engaged directly in the work in progress. 1.10 UNDERGROUND UTILITIES The Contractor is responsible for locating and identifying all existing underground utilities prior to beginning any excavation of trenching. Contact J.U.L.I.E. prior to commencing work. 1.11 WORKMANSHIP High quality, first class workmanship, will be expected for all phases of this Contract. Any element of completed work found unacceptable or not meeting standards will be removed and replaced with acceptable workmanship by the Contractor at the sole cost and expense of the Contractor. 1.12 CORRECTION OF WORK AFTER FINAL PAYMENT The final payment or any provision in the Contract Documents shall not relieve the contractor of the responsibility for the correction of any and all defects in the work performed. He shall correct all defects as notified for a period of one year after final payment. The contract bond shall be written to include this one year period within the guarantee.

END OF SECTION-SUMMRRY OF WORK


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ASPHALT PAVING-2520 1.0 GENERAL DESCRIPTION A. Standards All work required under this section shall conform to the current edition of the "ILLINOIS

DEPARTMENT OF TRANSPORTATION, STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION".

B. This work shall consist of the placement of aggregate base, prime coat, bituminous binder and surface courses, and line painting.

C. RELATED REQUIREMENTS A. Section 2525 – Pavement Markings

B. Section 2515- Sealcoating C. Section 2510- Crack fill

1.1 SUBMITTALS A. The Contractor must submit gradation tables including name and location of supplier for

review and approval. B. The Contractor must submit batch mixing reports including name and location of supplier

for review and approval. 1.2 PRODUCT HANDLING A. All aggregate base course materials delivered to the project site must have adequate

moisture content and must be machine spread and compacted each day. B. All bituminous materials shall be delivered to the project site in covered trucks, to permit the

mixture to retain adequate heat content. All bituminous materials delivered to the project site must be spread and compacted within 2 hours of mixing.

1.3 ENVIRONMENTAL CONDITIONS A. Coarse Aggregate Base Course: May not be dumped or spread on frozen, wet or muddy

subgrade or when weather conditions make the subgrade impassible for spreading or compacting.

B. Bituminous Materials: Paving may only take place within the temperature ranges set forth in the IDOT Specifications.

C. Line and Symbol Painting may only be completed when the when air temperature is above 45 degrees F and when no adverse weather conditions are forecast near the project site.

1.4 PROTECTION A. All bituminous surfaces must be sufficiently cured and cooled off prior to opening up area to

vehicle traffic. B. All painted surfaces must be sufficiently cured for a minimum of twelve (12) hours prior to

opening up the area to vehicle traffic. 2.0 PRODUCTS AND MATERIALS A. Coarse Aggregate for Base Course 1. Shall comply with the applicable Section of the IDOT Specifications. 2. Quality: Shall be Class D or better. 3. Gradation: CA-6 4. Base Course: Shall be Type A B. Bituminous Concrete 1. Shall comply with the applicable Section of the IDOT Specifications. 2. Prime: Shall comply with the applicable Section of the IDOT Specifications. 3. Binder Course: Shall be Class 1, Mixture "B", installed to the compacted thickness

indicated on plan. 4. Surface Course: Shall be Class 1, Mixture "C", installed to the compacted thickness

indicated on plan.


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C. Line and Symbol Paint: Unless otherwise indicated on the plan notes, all paint used will be white or yellow in color and must adhere to the surface on which it is applied.

2.1 MIXES AND PORTIONS A. Coarse Aggregate for Base Course: Gradation No. CA-6. B. Bituminous Concrete 1. Binder Course - Shall comply with the applicable Section of the IDOT Specifications. 2. Surface Course - Shall comply with the applicable Section of the IDOT

Specifications. 2.2 EQUIPMENT All equipment used to perform this work shall conform to the applicable section of the IDOT

Specifications. 3.0 EXECUTION AND INSTALLATION A. All sub-grade areas must be reviewed and approved by the Owner prior to any aggregate

base course installation. All aggregate base courses must be reviewed and approved by the Owner prior to any bituminous paving.

B. The Contractor must conduct a proof roll of all clay subgrades prior to placement of aggregate base course. The proof roll will involve the rolling of a fully loaded dump truck over the clay subgrade and must be witnessed by a Geotechnical Owner’s Representative. The scheduling and payment of fees for the Geotechnical Owner’s Representative will be completed and borne by the Owner. Should the Geotechnical Owner’s Representative witness and report any soft or yielding conditions, arrangements will need to be made to correct this condition prior to the placement of the aggregate base course.

C. Coarse Aggregate Base Course 1. Install geofabric if specified on the plans or details. 2. Install on a properly graded, prepared and approved subgrade. Course

Aggregate Base Course must be installed in layers not exceeding 4" thick when compacted.

D. Bituminous Concrete Binder and Surface Courses 1. Prime coat must be installed on the approved aggregate base a minimum

of 24 hours prior to installation of Bituminous Concrete Binder Course. Prime coat shall be applied at a rate of 0.5 gallons per square yard. Excess prime on surface must be removed prior to bituminous concrete installation by blotting with sand.

2. Bituminous concrete binder and surface courses must then be installed to the compacted thickness as indicated on the plans and details. Bituminous concrete must be installed in a timely manner to maintain the heat content in the mixture and minimize or eliminate visible seams.

3. The completed surface course shall not show any irregularities exceeding 1/8” when tested by flooding.

4. Match line and grade of existing pavement, lawn and planting areas where they meet new pavement, lawn and planting areas. Slope shall be a maximum 4:1

5. Cross slope less than 2%, slope less than 5% 3.1 ASPHALT REMOVAL & SUB BASE

3.1.1 The existing path are estimated to be approximately 3 inches thick. 3.1.2 Saw cut perimeters of areas to be repaired as necessary. 3.1.3 Excavate failed asphalt and debris to average depth of 3 inches, remove spoils, and

dispose. 3.1.4 Re-grade and compact adding, if necessary, CA-6 stone.

3.1.4.1 Compact subbase and base courses at optimum moisture content to required grades, lines, cross sections, and thickness to not less than 95 percent of maximum dry unit weight according to ASTM D 1557.


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3.1.4.2 Compact sub-grade, prime vertical edges of patch perimeters with SS-1 Emulsion as necessary.

4.0 EXECUTION

4.1 EXAMINATION

4.1.1 Verify that subgrade is dry and in suitable condition to support paving and imposed loads.

4.1.2 Proof-roll subbase using heavy, pneumatic-tired rollers to locate areas that are

unstable or that require further compaction.

4.1.3 Proceed with paving only after unsatisfactory conditions have been corrected.

4.2 COLD MILLING

4.2.1 Clean existing pavement surface of loose and deleterious material immediately before cold milling. Remove existing asphalt pavement by cold milling to grades and cross sections indicated.

4.2.1.1 Mill to a depth of 1-1/2 inches (38 mm). 4.2.1.2 Mill to a uniform finished surface free of gouges, grooves, and ridges. 4.2.1.3 Control rate of milling to prevent tearing of existing asphalt course. 4.2.1.4 Repair or replace curbs, manholes, and other construction damaged during

cold milling. 4.2.1.5 Excavate and trim unbound-aggregate base course, if encountered, and keep

material separate from milled hot-mix asphalt. 4.2.1.6 Transport milled hot-mix asphalt to asphalt recycling facility. 4.2.1.7 Keep milled pavement surface free of loose material and dust.

4.3 PATCHING

4.3.1 Hot-Mix Asphalt Pavement: Saw cut perimeter of patch and excavate existing pavement section to sound base. Excavate rectangular or trapezoidal patches, extending 12 inches (300 mm) into adjacent sound pavement, unless otherwise indicated. Cut excavation faces vertically. Remove excavated material. Recompact existing unbound-aggregate base course to form new subgrade.

4.3.2 Portland Cement Concrete Pavement: Break cracked slabs and roll as required to

reseat concrete pieces firmly.

4.3.2.1 Pump hot undersealing asphalt under rocking slabs until slab is stabilized or, if necessary, crack slab into pieces and roll to reseat pieces firmly.

4.3.2.2 Remove disintegrated or badly cracked pavement. Excavate rectangular or trapezoidal patches, extending into adjacent sound pavement, unless otherwise indicated. Cut excavation faces vertically. Recompact existing unbound- aggregate base course to form new subgrade.


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4.3.3 Tack Coat: Apply uniformly to vertical surfaces abutting or projecting into new, hot-mix asphalt paving at a rate of 0.05 to 0.10 gal./sq. yd. (0.2 to 0.4 L/sq. m).

4.3.3.1 Allow tack coat to cure undisturbed before applying hot-mix asphalt paving. 4.3.3.2 Avoid smearing or staining adjoining surfaces, appurtenances, and

surroundings. Remove spillages and clean affected surfaces.

4.3.4 Patching: Fill excavated pavements with hot-mix asphalt base mix and, while still hot, compact flush with adjacent surface.

4.3.5 Patching: Partially fill excavated pavements with hot-mix asphalt base mix and,

while still hot, compact. Cover asphalt base course with compacted, hot-mix surface layer finished flush with adjacent surfaces.

4.4 SURFACE PREPARATION

4.4.1 General: Immediately before placing asphalt materials, remove loose and deleterious material from substrate surfaces. Ensure that prepared subgrade is ready to receive paving.

4.4.2 Sweep loose granular particles from surface of unbound-aggregate base course.

Do not dislodge or disturb aggregate embedded in compacted surface of base course.

4.4.3 Herbicide Treatment: Apply herbicide according to manufacturer's recommended

rates and written application instructions. Apply to dry, prepared subgrade or surface of compacted-aggregate base before applying paving materials.

4.4.4 Prime Coat: Apply uniformly over surface of compacted unbound-aggregate base

course at a rate of 0.25 to 0.50 gal./sq. yd. (1.2 to 2.3 L/sq. m). Apply enough material to penetrate and seal but not flood surface. Allow prime coat to cure for 72 hours minimum.

4.4.4.1 If prime coat is not entirely absorbed within 24 hours after application, spread

sand over surface to blot excess asphalt. Use enough sand to prevent pickup under traffic. Remove loose sand by sweeping before pavement is placed and after volatiles have evaporated.

4.4.4.2 Protect primed substrate from damage until ready to receive paving.

4.4.5 Tack Coat: Apply uniformly to surfaces of existing pavement at a rate of 0.05 to 0.10 gal./sq. yd. (0.2 to 0.5 L/sq. m).

4.4.5.1 Allow tack coat to cure undisturbed before applying hot-mix asphalt paving. 4.4.5.2 Avoid smearing or staining adjoining surfaces, appurtenances, and

surroundings. Remove spillages and clean affected surfaces.

4.5 HOT-MIX ASPHALT PLACING

4.5.1 Machine place hot-mix asphalt on prepared surface, spread uniformly, and strike off in accordance with IDOT Standard Specifications. Place asphalt mix by hand to areas inaccessible to equipment in a manner that prevents segregation of mix. Place each course to required grade, cross section, and thickness when compacted.


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4.5.1.1 Place hot-mix asphalt binder course in number of lifts and thicknesses

indicated. 4.5.1.2 Place hot-mix asphalt surface course in single lift. 4.5.1.3 Spread mix at minimum temperature of 250 deg F (121 deg C). 4.5.1.4 Begin applying mix along centerline of crown for crowned sections and on

high side of one-way slopes, unless otherwise indicated. 4.5.1.5 Regulate paver machine speed to obtain smooth, continuous surface free of

pulls and tears in asphalt-paving mat.

4.5.2 Place paving in consecutive strips not less than 10 feet (3 m) wide unless infill edge strips of a lesser width are required.

4.5.2.1 After first strip has been placed and rolled, place succeeding strips and

extend rolling to overlap previous strips. Complete a section of asphalt base course before placing asphalt surface course.

4.5.3 Promptly correct surface irregularities in paving course behind paver. Use suitable

hand tools to remove excess material forming high spots. Fill depressions with hot-mix asphalt to prevent segregation of mix; use suitable hand tools to smooth surface.

4.6 JOINTS

4.6.1 Construct joints to ensure a continuous bond between adjoining paving sections. Construct joints free of depressions with same texture and smoothness as other sections of hot-mix asphalt course.

4.6.1.1 Clean contact surfaces and apply tack coat to joints. 4.6.1.2 Offset longitudinal joints, in successive courses, a minimum of 6 inches (150

mm). 4.6.1.3 Offset transverse joints, in successive courses, a minimum of 24 inches (600

mm). 4.6.1.4 Construct transverse joints as described in AI MS-22, "Construction of Hot

Mix Asphalt Pavements." 4.6.1.5 Compact joints as soon as hot-mix asphalt will bear roller weight without

excessive displacement. 4.6.1.6 Compact asphalt at joints to a density within 2 percent of specified course

density.

4.7 COMPACTION 4.7.1 Coarse Aggregate Base Course: Shall be compacted to not less than 100%

maximum density determined in accordance with AASHTO T 99-01, Method A or C. Density of compacted base course shall be determined at regular intervals using AASHTO T 191-02

4.7.2 General: Compact placed hot-mix material in accordance with IDOT Standard

Specifications and as indicated herein. Begin compaction as soon as placed hot-mix paving will bear roller weight without excessive displacement. Compact hot-mix paving with hot, hand tampers or vibratory-plate compactors in areas inaccessible to rollers.

4.7.2.1 Complete compaction before mix temperature cools to 185 deg F (85 deg C).


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4.7.3 Breakdown Rolling: Complete breakdown or initial rolling immediately after rolling

joints and outside edge. Examine surface immediately after breakdown rolling for indicated crown, grade, and smoothness. Correct laydown and rolling operations to comply with requirements.

4.7.4 Intermediate Rolling: Begin intermediate rolling immediately after breakdown rolling

while hot-mix asphalt is still hot enough to achieve specified density. Continue rolling until hot-mix asphalt course has been uniformly compacted to the following density:

4.7.4.1 Binder and Surface Courses: In accordance with IDOT Standard Specifications Article 406.16.

4.7.4.2 Stabilized Subbase: In accordance with IDOT Standard Specifications Article 312.10.

4.8 FINISH ROLLING Finish Rolling: Finish roll paved surfaces to remove roller marks while hot-mix asphalt is still warm.

4.8.1 Edge Shaping: While surface is being compacted and finished, trim edges of pavement to proper alignment. Bevel edges while asphalt is still hot; compact thoroughly.

4.8.2 Repairs: Remove paved areas that are defective or contaminated with foreign

materials and replace with fresh, hot-mix asphalt. Compact by rolling to specified density and surface smoothness.

4.8.3 Protection: After final rolling, do not permit vehicular traffic on pavement until it has

cooled and hardened.

4.8.4 Erect barricades to protect paving from traffic until mixture has cooled enough not to become marked.

4.9 INSTALLATION TOLERANCES

4.9.1 Thickness: Compact each course to produce the thickness indicated within the following tolerances:

4.9.1.1 Binder Course: Plus or minus 1/4 inch (6 mm). 4.9.1.2 Surface Course: Plus 1/4 inch (6 mm), no minus.

4.9.2 Surface Smoothness: Compact each course to produce a surface smoothness

within the following tolerances as determined by using a 10-foot (3-m) straightedge applied transversely or longitudinally to paved areas:

4.9.2.1 Base Course: 1/2 inch (13 mm). 4.9.2.2 Surface Course: 1/4 inch (6 mm). 4.9.2.3 Crowned Surfaces: Test with crowned template centered and at right angle to

crown. Maximum allowable variance from template is 1/4 inch (6 mm).

4.10 PAVEMENT MARKING

4.10.1 Do not apply pavement-marking paint until layout, colors, and placement have been verified with Owner.


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4.10.2 Allow paving to age for 30 days before starting pavement marking.

4.10.3 Sweep and clean surface to eliminate loose material and dust.

4.10.4 Apply paint with mechanical equipment to produce pavement markings, of

dimensions indicated, with uniform, straight edges. Apply at manufacturer's recommended rates to provide a minimum wet film thickness of 15 mils (0.4 mm).

4.11 FIELD QUALITY CONTROL

4.11.1 Contractor will engage a qualified independent testing and inspecting agency to perform field tests and inspections and to prepare test reports.

4.11.2 Additional testing and inspecting, at Contractor's expense, will be performed to

determine compliance of replaced or additional work with specified requirements.

4.11.3 Thickness: In-place compacted thickness of hot-mix asphalt courses will be determined according to ASTM D 3549.

4.11.4 Surface Smoothness: Finished surface of each hot-mix asphalt course will be

tested for compliance with smoothness tolerances.

4.11.5 In-Place Density: Testing agency will take samples of uncompacted paving mixtures and compacted pavement according to ASTM D 979.

4.11.5.1 Reference maximum theoretical density will be determined by averaging

results from four samples of hot-mix asphalt-paving mixture delivered daily to site, prepared according to Illinois Modified AASTHO T 209, and compacted according to job-mix specifications.

4.11.5.2 In-place density of compacted pavement will be determined by testing core samples according to ASTM D 1188 or ASTM D 2726.

4.11.5.2.1 One core sample will be taken for every 1000 sq. yd. (836 sq. m) or

less of installed pavement, with no fewer than 3 cores taken. 4.11.5.2.2 Field density of in-place compacted pavement may also be

determined by nuclear method according to ASTM D 2950 and correlated with ASTM D 1188 or ASTM D 2726.

4.11.6 Remove and replace or install additional hot-mix asphalt where test results or

measurements indicate that it does not comply with specified requirements.

4.12 DISPOSAL

4.12.1 Except for material indicated to be recycled, remove excavated materials from Project site and legally dispose of them in an EPA-approved landfill.

4.12.1.1 Do not allow excavated materials to accumulate on-site.


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END SECTION -2520


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rooks-lopezj

Callout

Remove and Replace: 550'x 8' +/-

rooks-lopezj

Callout

Grind & Overlay: 610'x8 +/-

rooks-lopezj

Line

rooks-lopezj

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rooks-lopezj

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rooks-lopezj

Line

rooks-lopezj

Line

rooks-lopezj

Callout

Remove and Replace: 154' x 8'

rooks-lopezj

Line

rooks-lopezj

Line

rooks-lopezj

Callout

Patching: 15x8

rooks-lopezj

Line

rooks-lopezj

Line

rooks-lopezj

Callout

Patching 20x 8

rooks-lopezj

Text Box

As marked (8) 2x8 patches in the North West area

Disclaimer of Warranties and Accuracy of Data: Although the data developed by Will County for its maps, websites, and Geographic Information System has been produced and processed from sources believed to be reliable, no warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information. The County and elected officials provide this information on an "as is" basis. All warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses or hackers and non-infringement of proprietary rights are disclaimed. Changes may be periodically made to the information herein; these changes may or may not be incorporated in any new version of the publication. If you have obtained information from any of the County web pages from a source other than the County pages, be aware that electronic data can be altered subsequent to original distribution. Data can also quickly become out of date. It is recommended that careful attention be paid to the contents of any data, and that the originator of the data or information be contacted with any questions regarding appropriate use. Please direct any questions or issues via email to [email protected].

Notes

Legend

0.07

1: 2,257

0 Miles

Arbor Creek South

South Path entrance is between16962 & 17004 South Arbor Creek DrivePlainfield, IL

WGS_1984_Web_Mercator_Auxiliary_Sphere

Projection

8/13/2020 Date:

0.04

Address Points

Roadways

Federal

State

County

Local and Private

Surrounding Counties

Townships

rooks-lopezj

Callout

Alternate #1: Grind & Overlay: 2,215' x 8' (continues on Arbor Gate North)

rooks-lopezj

Text Box

Alternate # 1


Notes

Legend

0.07

1: 2,257

0 Miles

Arbor Creek North

North Path entrance is between16864 & 16906 South Arbor Creek DrivePlainfield, IL


Projection

8/13/2020 Date:

0.04

Address Points

Roadways

Federal

State

County

Local and Private


Townships

rooks-lopezj

Callout

Alternate #2: 10'x 8' Patch.

rooks-lopezj

Callout

Alternate #1: Grind & Overlay (continue on Arbor Gate South)

rooks-lopezj

Text Box

Alternate # 1 & 2


Notes

Legend

0.14

1: 4,514

0 Miles


17200 South Frontage RoadPlainfield, IL


Projection

8/13/2020 Date:

0.07

Address Points

Roadways

Federal

State

County

Local and Private


Townships

rooks-lopezj

Line

rooks-lopezj

Line

rooks-lopezj

Callout

Alternate # 3: Patching 75'x8' +/-

rooks-lopezj

Line

rooks-lopezj

Line

rooks-lopezj

Callout

Alternate #3: Remove & Replace: 900'x8'

rooks-lopezj

Text Box

Alternate # 3