county of mchenry 26-9229 parking lot improvements 400 russell court.pdf

McHenry County Procurement Division 2200 N Seminary Avenue, Woodstock, IL 60098

BID 26-9229 PARKING LOT IMPROVEMENTS 400 RUSSEL COURT

Introduction The proposed work is located east of IL-47 in Woodstock, Illinois 60098 (PIN 08-32-201-004). The project consists of improvements to the existing parking lot located at 400 Russel Court in Woodstock, subject to continuing need and availability of funds. The existing pavement and curbline will be completely removed and replaced. The overall geometry and layout of the parking lot will remain the same, with only minor adjustments to the curblines. The project also includes minor site grading improvements and the relocation of the trash enclosure. Construction is planned to begin in the summer of 2026 and be completed by the fall of 2026. All specifications provided herein.

Contact Information D. M. Leonard, C.P.M., Assistant Procurement Manager, E-Mail: DMLEONARD@MCHENRYCOUNTYIL.GOV

The attention of bidders is directed to the McHenry County Purchasing Ordinance. This Ordinance is incorporated by reference into this bid as if it were contained herein. Should there be a conflict between any instruction or information and the Purchasing Ordinance, the Purchasing Ordinance will take precedence.

All communication regarding this solicitation, between the date of issue and date of award, is required to go through the Procurement contact shown above. Unauthorized contact with other McHenry County staff, officers, or consultants is strictly forbidden.

ELECTRONIC COMMUNICATIONS REQUIRED.

Submission Requirements:

• Mandatory Bid Pricing Page (Separate Excel Sheet)

• Mandatory References Page (included herein)

• Mandatory Certifications Page (included herein)

• Mandatory Signature Page (included herein)

• Mandatory W9 (link provided on bid page)

• Mandatory Bid Bond (scan original, submit with bid; original due within 48hrs of acceptance)

• Bids shall be SUBMITTED ELECTRONICALLY (scan your bid file and upload PDF and separate Excel file, if applicable) using the menu link, "Submit Your RFP, RFQ, or Bid". All RFP, RFQ and Bids must clearly include the Bidder Name, Bid Number & Title.

• No submissions will be accepted after the time specified. Late submissions shall be rejected. The County of McHenry cannot be held responsible for any delay in the transmission of submissions.

Schedule of Events

July 31, 2026 Solicitation Available Online

No formal site visit. Contractors may visit the site on their own and submit questions, as needed.

August 6, 2026 Questions and RFI due no later than 12:00 PM CST. Submit via email to

DMLEONARD@MCHENRYCOUNTYIL.GOV

August10, 2026 Addendum posted to the County’s web page no later than 4:00 PM CST

August 14, 2026 Electronic Bid Submissions due no later than 9:00 AM CST Do not submit via email

August 14, 2026 Public Bid Opening conducted via Microsoft Teams Webinar at 1:00 PM CST.

Details on web page. NO ONSITE public bid opening.

General Information

Acceptance of Options:

Options included in solicitation will be reviewed, accepted, or rejected based on what is in the best interest of McHenry County. Accepted Options will be identified in the Owner-Contract Agreement or by Change Order if agreed upon after the Award of the Contract. The County reserves the right to accept or decline Options to determine the lowest responsive, responsible submission.

Digital Materials:

All digital and printed public-facing materials and engagement events produced for this project must meet the requirements of Title II of the Americans with Disabilities Act and the Web Content Accessibility Guide (WCAG) 2.1, Level AA.

Freedom of Information Act:

Individuals or firms are to submit one ELECTRONIC submission. All data and documentation submitted as part of this request shall become the property of McHenry County. After a contract is executed, all submissions, responses, and documents/materials shall be considered public information and will be made available for inspection in accordance with the Illinois Freedom of Information Act.

Your company may provide a redacted version of your submission which will be used for FOIA purposes.

SCOPE OF WORK AND SPECIFICATIONS

REFER TO THE FOLLOWING:

• ERA Supplemental Conditions, Parking Lot Improvements 400 Russel Court (included herein)

• APPENDIX A, Construction Plans (separate button on bid page)

MANDATORY REFERENCES AND EXCEPTIONS PAGE

List a minimum of three (3) references, other than McHenry County, your firm has done similar work, service, or supplied products to within the last twelve (12) months. Email addresses are required. It is the bidder’s responsibility to ensure references respond to the County.

Entity: _______________________________________________________________________

Complete Address:

Contact Person: __________________ Telephone Number: ____________________________

E-Mail Address: _______________________________________________________________

Entity: _______________________________________________________________________

Complete Address:

Contact Person: __________________Telephone Number: ____________________________

Entity: _______________________________________________________________________

Complete Address:

Contact Person: __________________Telephone Number: ____________________________

List Exceptions to this Bid (if none, write “none”):

MANDATORY CERTIFICATIONS PAGE

• I acknowledge the Mandatory Pages, for my submission to be considered, include:

Bid Pricing Pages (Separate Excel sheet, 2pgs), References & Exceptions Page, Certifications Page, Signature Page and W-9, in addition to Bid Bond. Yes

• Contractor certifies it has not been barred from contracting with a unit of State or Local Government because of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961, as amended [720 ILCS 5/33E-3 or 720 ILCS 5/33E-4]. A contractor who knowingly makes a false statement, material to the certification, commits a Class 3 felony. Yes

• Contractor certifies it is aware that all contracts for the Construction of Public Works are subject to the Illinois Prevailing Wage Act (820 ILCS 130/1-12) and this Solicitation Is Subject to, Is not Subject to the Illinois Prevailing Wage Act. Yes

• Contractor acknowledges this Solicitation Is Subject to, Is not Subject To the Employment of Illinois Workers in Public Works Act (30 ILCS 570/3) And will comply with the requirements set forth in this Act. Yes

• I acknowledge this Solicitation Requires, Does not Require a Bid Bond. Bid Security shall be in an amount equal to at least ten percent (10%) of the amount of the Bid except for the Division of Transportation, which should be at least five percent (5%). Bid Security shall be a bond provided by a surety company authorized to do business in the State of Illinois, or a certified check, bank draft, or cashier’s check. Yes

• I acknowledge this Solicitation Requires, Does not Require Performance & Payment Bonds Yes

• Contractor understands that, in submitting this bid/proposal, it waives all right to plead any misunderstandings regarding the foregoing information presented in the Solicitation Documents, including but not limited to, the McHenry County Purchasing Ordinance, Standard Terms and Conditions, and All Addendums. Yes

• SAM.GOV REGISTRATION REQUIREMENT. The United States Treasury requires all contractors performing work paid for with Federal funds to be registered in the System for Awards Management website (SAM.gov) https://sam.gov/content/entity-registration There is no cost to register. THIS BID REQUIRES REGISTRATION.

The County hereby confirms this bid will be paid using Federal funds received by the County.

Unique Entity ID (UEI) number: ________________________________

MANDATORY SIGNATURE PAGE

I have carefully examined the Bid or Request, Scope of Work, Specifications, and any other documents accompanying or made a part of this Bid or Request. I hereby propose to furnish the goods or services specified. I agree my bid will remain firm for a period of up to 90 days from due date in order to allow the County time to review. I verify all information contained in this submission is truthful to the best of my knowledge and belief. I further certify I am duly authorized to submit on behalf of the firm as its act and deed, and the firm is ready, willing, and able to perform if awarded the contract. I further certify, under oath, this submission is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a bid for the same product or service. No officer, employee or agent of the County of McHenry or any other bidder is interested in this bid and the undersigned executed this Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.

• Contact Person for Solicitation Questions/Clarification:

• Email Address: ________________________________________________________

• Individual/Company/Corporation:

• Business Address:

• City, State, Zip Code:

• Authorized Signature:

• Printed Name & Title:

• Email Address: _______________________________________________________

• Date: _______________

SUPPLEMENTAL CONDITIONS

MCHENRY COUNTY

FACILITIES PARKING LOT IMPROVEMENTS

400 RUSSEL COURT

SUPPLEMENTAL CONDITIONS

MCHENRY COUNTY FACILITIES PARKING LOT IMPROVEMENTS

GENERAL

The following supplementary conditions modify the “Standard Short Form of Agreement Between Owner and Contractor,” AIA Document A105 - 2017. Where a portion of the Agreement is modified or deleted by these Supplementary Conditions, the unaltered portions of the Agreement shall remain in effect. To the extent there is a conflict between this document and A105-2017, the terms of this document shall prevail.

ARTICLE 4 PAYMENT

4.2 Delete paragraph 4.2 in its entirety and replace with the following new paragraph 4.2: “No interest (0% interest) shall be payable by the Owner under the Agreement. Subject to this restriction on interest, all payments are to be handled in accordance with the Illinois Prompt Payment Act and subject to the receipt by Owner of all required documentation, including but not limited to lien waivers, certified payroll or an explanation of exemption, record drawings, etc..”

ARTICLE 5: INSURANCE AND BONDS

Delete Article 5, and all subparagraphs thereto, in their entirety and replace with the following new Article 5:

5.1 CONTRACTOR'S LIABILITY INSURANCE

5.1.1 Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this project/location.

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

5.1.1.2 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. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance afforded to Owner.

5.1.1.3 There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage.

5.1.1.4 It is required that an umbrella policy be written for a minimum of $2,000,000 for bodily injury and property damage. This umbrella policy would be in excess of the limits of the primary policy outlined herein.

5.1.2 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.

5.1.2.1 Business auto insurance shall be written on Insurance Services Office (ISO) form CA 00 01, CA 00 05, CA 00 12, CA 00 120, 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 1990s and later editions of CA 00 01.

5.1.3 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.

5.1.4 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.

5.1.5 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.

5.1.6 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 Contractors’ obligation to maintain such insurance.

5.1.7 Owner shall have the right, but not the obligation, of prohibiting

Contractor 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.

5.1.8 Failure to maintain the required insurance may result in termination of this contract at Owner's option.

5.1.9 Contractor shall provide certified copies of all insurance policies required above within 10 days of Owner's written request for said copies.

5.1.10 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. Best's Key Rating Guide. If the Best's 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.

5.1.11 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.

5.1.12 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 and employees 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.

5.1.13 Contractor shall cause each subcontractor employed by the

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 consultant.

5.1.14 Under no circumstances shall the Owner be deemed to have waived any of the insurance requirements of this Contract by any action or omission, including but not limited to:

(a) allowing any work to commence by the Contractor before receipt of certificates of insurance.

(b) failing to review any certificates of insurance received from the

Contractor.

(c) failing to advise the Contractor that any certificate of insurance fails to contain all the required insurance provisions or is otherwise deficient in any manner.

5.1.15 Contractor agrees that the obligation to provide the insurance required by these documents is solely its responsibility and that this is a requirement which cannot be waived by any conduct, action, inaction, or omission by the Owner.

5.1.16 Nothing contained in this Contract is to be construed as limiting the liability of the Contractor. The Owner does not, in any way, represent that the coverages or limits of insurance specified is sufficient or adequate to protect the Owner, or the Contractor, but are merely minimums. The obligations of the Contractor to purchase insurance shall not, in any way, limit its obligations to the Owner in the event that the Owner should suffer an injury or loss in excess of the amount recoverable through insurance, or any loss or portion of a loss which is not covered by the Contractor’s insurance.

5.1.17 In the event the Contractor fails to furnish and maintain the insurance required by this Contract, the Owner may purchase such insurance on behalf of the Contractor, and the Contractor shall pay the cost thereof to the Owner upon demand or shall have such cost deducted from any payments due the Contractor. The Contractor agrees to furnish to the Owner the information needed to obtain such insurance.

5.1.18 All insurance provided by the Contractor shall provide that the insurance shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of the insurer's liability.

5.2 OWNER'S LIABILITY INSURANCE

5.2.1 Owner shall maintain its usual insurance for liability for claims which may arise from operations under the Contract and that will protect the Owner from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the work itself) including the loss of use resulting therefrom.

5.3 PERFORMANCE AND PAYMENT BOND

5.3.1 The Contractor, before commencing the Work, shall furnish a Performance Bond and a Labor and Material Bond. The Performance Bond shall be in an amount equal to 100% of the full amount of the Contract Sum as security for the faithful performance of the obligation of the Contract Documents, and the Labor and Material Payment Bond shall be in an amount equal to 100% of the full amount of the Contract Sum as security for the payment of all persons performing labor and furnishing materials in connection with the Contract Documents. Such bonds shall be on standard AIA Documents, issued by the American Institute of Architects, shall be issued by a surety satisfactory to the Owner, and shall name the Owner as a primary co-obligee. The cost of the bonds is to be included in the Bid Proposal. The Performance Bond and Labor and Material Payment Bond will become a part of the Contract. Each Bidder shall list the name of the surety company that will be furnishing the Bonds on its Bid Proposal. The failure of a Bidder to list the name of its surety company on its Bid Proposal shall be a non-responsive bid. The failure of the successful Bidder to enter into a Contract and supply the required Bonds within ten (10) days after the Notice of Award or within such extended period as the Owner may grant if the forms do not meet its approval shall constitute a default, and the Owner may either award the Contract to the next responsible, responsive Bidder or re-advertise for bids. A charge against the defaulting Bidder may be made for the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guarantee.

5.3.2 The Contractor shall deliver the required bonds to the Owner not later than seven days following the date of receipt of the Notice to Proceed.

5.3.3 The contractor shall require the attorney-in-fact who executed the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney.

5.3.4 Whenever the Contractor shall be and is declared by Owner to be in default under the Contract, the Surety and the Contractor are each responsible to make full payment to the Owner or any and all extra Work incurred by the Architect as a result of the Contractor’s default, and to pay to Owner all attorney’s fees and court costs

5.3.5 incurred by Owner as a result of the Contractor’s default, and in protecting Owner’s rights under the Agreement to remedy Contractor’s default.

5.3.6 The Contractor shall (i) furnish all Surety Company’s bonds through Surety Company’s local agents approved by and/or as directed by Owner; (ii) fully covered and guarantee with said bond the faithful performance and completion of the entire Contract, including without limitation, the faithful performance of prevailing wage requirements; and (iii) guarantee with said bond payment in all cases by the Contractor or by the Surety Company for all labor performed, material and supplies furnished with the entire Work in the Contract. Said Bond shall remain in full force and effect during the entire period of all general guarantees given by the Contractor with the Contract as called for in the Specifications and Contract, except in cases where other bonds are specifically called for in the specifications and Contract in connection with special guarantees.

ARTICLE 6 GENERAL PROVISIONS

Delete and Replace Paragraph 6.4 as follows:

Documents delivered by Owner and/or prepared by Architect and/or Engineer are instruments of service for use by Contractor solely with respect to this project. They are not to be used by the Contractor or any Subcontractor (of any level) or material or equipment supplier for other projects or for additions to this project outside the scope of the Work without the specific written consent of the Owner and Architect and/or Engineer.

ARTICLE 7: OWNER

Delete and Replace Subparagraph 7.1.1 as follows:

7.1.1. Contractor freely waives all of its rights under the Illinois Public Construction Contract Act of 1999.

ADD Paragraph 7.5

7.5 OWNER’S REMEDIES NOT EXCLUSIVE

The rights and remedies of Owner stated in this Article shall be in addition to and not in limitation of any other rights of the Owner granted in the Contract Documents or at law or in equity.

ARTICLE 8: CONTRACTOR

Delete and replace Subparagraph 8.1.1 as follows:

8.1.1 Execution of the Contract by the Contractor is a representation by the Contractor, that the Contract Documents are full and complete, are sufficient to enable the Contractor to determine the cost of the Work and that the Contract Documents are sufficient to enable it to construct the Work outlined therein, in accordance with applicable laws and regulations, and otherwise to fulfill all its obligations hereunder, including, but not limited to, Contractor’s obligations to construct the Work for an amount not in excess of the Contract Sum on or before the date(s) of Completion established in the Agreement. The Contractor further acknowledges and declares that it has visited and examined the Project site, examined all physical and other conditions affecting the Work and is fully familiar with all of the conditions thereon and thereunder affecting the same. In connection therewith, Contractor specifically represents and warrants to Owner that prior to the submission of its bid it has: (a) thoroughly examined the location of the work to be performed, is familiar with local conditions, and has read and thoroughly understands the Contract Documents as they relate to the physical conditions prevalent or likely to be encountered in the performance of the work at such location; (2) examined the nature, location and character of the general area in which the Project is located, including without limitation, its climatic conditions, available labor supply and labor costs, and available equipment supply and equipment costs; and (3) examined the quality and quantity of all materials, supplies, tools, equipment, labor, and professional services necessary to complete the Work in the manner and within the cost and time frame required by the Contract Documents. Accordingly, Contractor waives all rights under the Public Construction Contract Act to stop the progress of the work due to any alleged unforeseen conditions.

ADD to Paragraph 8.1.2 the following:

8.1.2.1 The exactness of grades, elevations, dimensions, or locations given in any drawings issued by the Architect or the work installed by other contractors is not guaranteed by the Architect or Owner.

8.1.2.2 The Contractor shall, therefore, satisfy itself as to the accuracy of all grades, elevations, dimensions, and locations. In all cases of interconnection of its work with existing or other work, it shall verify at the site all dimensions relating to such existing or other work. Any errors due to the Contractor’s failure to so verify all such grades, elevations, locations, or dimensions shall be promptly rectified by it without additional cost to the Owner.

8.1.2.3 Prior to any excavation, the Contractor shall determine the locations of all existing water, gas, sewer, electric, telephone, telegraph, television, irrigation, petroleum pipelines, and other underground utilities and structures. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items that may be encountered during the work are not necessarily indicated. The Contractor shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated.

8.3 SUPERVISION AND CONSTRUCTION PROCEDURES

ADD Subparagraphs 8.3.3 and 8.3.4 as follows:

8.3.3 The Contractor has the responsibility to ensure that all material suppliers and Subcontractors, their agents, and employees adhere to the Contract Documents, and that they order materials on time, taking into account the current market and delivery conditions and that they provide materials on time. The Contractor shall coordinate its Work, including without limitation, deliveries, storage, installations, and construction utilities with that of all others on the Project. The Contractor shall be responsible for the space requirements, locations, and routing of its equipment. In areas and locations where the proper and most effective space requirements, locations and routing cannot be made as indicated, the Contractor shall meet with all others involved, before installation, to plan the most effective method of overall installation.

8.3.4 After commencing the work, the Contractor shall use every precaution to avoid interferences with existing underground and surface utilities and structures and protect them from damage. The Contractor shall repair or pay for all damage caused by his operations to all existing utility lines, public property, and private property, whether it is below ground or above ground, and he shall settle in total cost of all damage suits which may arise as a result of his operations at no additional costs to the Owner. To avoid unnecessary interferences or delays, the Contractor shall coordinate all utility removals, replacements, and construction with the appropriate utility company. The cost of temporarily relocating utilities for convenience of the Contractor shall be paid by Contractor.

8.4 LABOR AND MATERIALS

ADD Subparagraph 8.4.3 through 8.4.5 as follows:

8.4.3 All manufactured articles, material and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer, unless herein specified to the contrary.

8.4.4 After the Contract has been executed, the Owner and the Architect will consider a formal request for the substitution of products in place of those specified only under the conditions set forth in the General Requirements.

8.4.5 Contractor shall pay and require every Subcontractor to pay prevailing wages as established by the Illinois Department of Labor for each craft or type of work needed to execute the contract in accordance with 820 ILCS 130/.01 et seq. The Contractor shall prominently post the current schedule of prevailing wages at the Contract site and shall notify immediately in writing all of its Subcontractors, of all changes in the schedule of prevailing wages.

Any increases in costs to the Contractor due to changes in the prevailing rate of wage during the terms of any contract shall be at the expense of the Contractor and not at the expense of the Owner. The change order shall be computed using the prevailing wage rates applicable at the time the change order work is scheduled to be performed. The Contractor shall be solely responsible to maintain accurate records as required by the prevailing wage statute and to obtain and furnish all such certified records to the County as required by Statute. The Contractor shall be solely liable for paying the difference between prevailing wages and any wages actually received by laborers, workmen and/or mechanics engaged in the Work and in every way defend and indemnify the County against any claims arising under or related to the payment of wages in accordance with the Prevailing Wage Act. 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.illinois.gov/idol/Laws- Rules/CONMED/Pages/Rates.aspx.

8.6 TAXES

Delete Subparagraph 8.6 in its entirety and insert the following:

The Owner is exempt from the Illinois Use Tax Act and the Retailer’s Occupation Tax.

8.8 SUBMITTALS

Add to the end of Subparagraph 8.8 the following:

Contractor shall be entitled to one resubmittal of any submittal or shop drawing rejected by Architect and/or Engineer or returned by the Architect and/or Engineer for further action. Thereafter, Contractor shall pay the cost of all further reviews of such submittal or shop drawing and agrees to execute a Change Order reducing the Contract Sum by the amount charged by Architect to Owner for the additional reviews. Likewise, Contractor agrees to reimburse Owner for any additional costs incurred by Owner to pay Architect arising out of any delay or acts of the Contractor in completing the work (including additional observations and testing expenses).

8.12 INDEMNIFICATION

Delete Paragraph 8.12 and Replace as follows:

To the fullest extent permitted by law, the Contractor shall waive any right of contribution against the Owner and shall indemnify and hold harmless the Owner and its 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, expert 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 is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, other than the work itself, including the loss of use resulting therefrom, or is attributable to misuse or improper use of trademark or copyright protected material or otherwise protected intellectual property, to the extent it is caused 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.

Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to indemnity which the Owner would otherwise have. The Contractor shall similarly, protect, indemnify and hold and save harmless, the Owner, its officers, officials, employee, 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 provisions of the Contract. The indemnification obligations under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under Workers Compensation or Disability Benefit Acts or Employee Benefit Acts.

ARTICLE 12: PAYMENTS AND COMPLETION

12.4 PROGRESS PAYMENTS

ADD Subparagraph 12.4.5 as follows:

12.4.5 The Owner has a right to withhold a retainer in the amount of 10% of the project construction cost. Upon substantial completion of the project, the Owner has the option to release a portion of the retainage based upon satisfactory completion of work. The Owner shall pay 90 percent of the amount due the Contractor for each of the progress payments.

ARTICLE 17 OTHER TERMS AND CONDITIONS

17.1 The Contractor warrants it is familiar with and shall comply with Federal, State and local laws, statutes, ordinances, rules and regulations and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the Contract including without limitation Workers' Compensation Laws, minimum salary and wage statutes and regulations, laws with respect to permits and licenses and fees in connection therewith, laws regarding maximum working hours. No plea of misunderstanding or ignorance thereof will be considered.

17.2 Whenever required, the Contractor or Subcontractor shall furnish the

Owner with satisfactory proof of compliance with said Federal, State, and local laws, statutes, ordinances, rules, regulations, orders, and decrees.

17.3 Dispute resolution – All disputes, controversies or claims arising under this Agreement shall be governed by the laws of the State of Illinois, without regard to conflicts of laws principles. The parties further agree that the exclusive venue for all such disputes shall be the Circuit Court of the 22nd Judicial Circuit of McHenry County, Illinois, and the parties hereby consent to the personal jurisdiction thereof.

17.4 Contractor shall carefully examine the Occupational Safety and health Act as issued by the Federal Register (OSHA), and the specific regulations governing procedures, techniques, safety precautions, equipment design, and the configuration of the same as required under this Act and shall comply with all terms of the Act and to perform and complete in a workmanlike manner all work required in full compliance with said Act.

17.5 Contractor shall comply with all terms of the Illinois Preference Act and all terms of the Equal Employment Opportunity Clause of the Illinois Fair Employment Practices Commission.

17.6 At all times Contractor shall remain in compliance with the Illinois Public

Works Employment Discrimination Act (775 ILCS 10/1, et seq.,) and the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.,) and in addition shall at all times comply with Section 2-105 of the Illinois Human Rights Act requiring a written sexual harassment policy as defined therein.

17.7. Contractor agrees to maintain all records and documents for projects of the Owner in compliance with the Freedom of

Information Act, 5 ILCS 140/1 et seq. In addition, Contractor shall produce, without cost to the Owner, records which are responsive to a request received by the Owner under the Freedom of

Information Act so that the Owner may provide records to those requesting them within the time frames required. If additional time is necessary to compile records in response to a request, then Contractor shall so notify the Owner and if possible, the Owner shall request an extension so as to comply with the Act.

In the event that the Owner is found to have not complied with the

Freedom of Information Act based upon Contractor’s failure to produce documents or otherwise appropriately respond to a request under the Act, then Contractor shall indemnify and hold the Owner harmless, and pay all amounts determined to be due including but not limited to fines, costs, attorneys’ fees and penalties.

17.8 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").

AGREEMENT

A. The American Institute of Architects "Standard Form of Agreement Between

Owner and Contractor for a Residential or Small Commercial Project,” AIA

Document A105-2017 is hereby made a part of the Contract Documents.

SUMMARY & GENERAL

REQUIREMENTS

1.0 GENERAL

1.1 LOCATION AND DESCRIPTION OF PROJECT:

A. The proposed work is located east of IL-47 in Woodstock, Illinois 60098 (PIN 08-32-201-004). The project consists of improvements to the existing parking lot located at 400 Russell Court in Woodstock. The existing pavement and curbline will be completely removed and replaced. The overall geometry and layout of the parking lot will remain the same, with only minor adjustments to the curblines. The project also includes minor site grading improvements and the relocation of the trash enclosure.

Construction is planned to begin in the summer of 2026 and be completed by the winter of 2026. All of the above items as well as other project details are further described in the contract documents for the said work prepared for McHenry County by Engineering Resource Associates, Inc.

1.2 DATES OF COMPLETION

A. The Contractor shall be obligated to complete the work required for this project according to the following project schedule:

Preconstruction Meeting: September, 2026 (TBD)

Construction Start: September 30, 2026 Substantial Completion: November 13, 2026 Final Completion: November 20, 2026 Invoices Due: November 30, 2026 Project Closeout: December 15, 2026

1.3 EXTRA WORK

A. The Contractor must have an approved work order for extra work in writing indicating such work and the same must be signed by the Owner prior to construction of such work.

1.4 DEFINITIONS

A. Contractor - The person, firm, or corporation with whom Owner has entered into the Agreement.

B. Owner – McHenry County.

C. Engineer - The authorized representative of the Owner acting through its authorized representatives.

D. Contract Documents - The Invitation to Bidders, Instructions to Bidders, Contractor's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award), Addenda (which pertain to the Contract Documents), Agreement, Bonds, General Requirements including materials incorporated by the Provisions Included section, Specifications, Plans and/or Drawings as the same are more specifically identified in the Agreement, together with all amendments, modifications, and supplements issued on or after the execution of the Agreement.

E. Subcontractor - Any person, firm, or corporation with a direct contract with the Contractor who acts for or on behalf of the Contractor in executing any part of the Contract but does not include one who merely furnishes the material.

1.5 PERMITS, FEES, AND INSPECTION

A. A conditional permit for the proposed grading and utility work (not including building electrical work) will be obtained by the Owner from McHenry County. It will be the Contractor’s responsibility to coordinate and schedule such inspections with the City and Owner, as necessary. A copy of the most recent approved permit shall be on site at all times while work is in progress.

B. An NPDES ILR10 permit will be obtained by the Owner from the IEPA prior to land disturbance. It will be the Contractor’s responsibility to perform erosion control inspections and submit inspections forms to the City and Owner. A copy of the most recent approved permit shall be on site at all times while work is in progress.

C. The Contractor shall obtain any other required permits and arrange for all inspections required by State, County, Local and other authorities having lawful jurisdiction, including ComEd. All fees shall be paid by the Contractor.

Copies of any additional permits shall be submitted to the Owner before commencing construction.

1.6 SUBCONTRACTS

A. Contractors operating under direct contracts with the Owner may let Subcontracts for the performance of such portions of the work as are usually executed by special trades. All such Subcontracts shall be based on conformance with all pertinent conditions set forth in the Contract Documents. The Contractor shall not, without written consent of the Owner, make any assignments or subcontracts for the execution of any of the works hereby quoted.

1.7 MATERIALS AND WORKMANSHIP

A. All materials shall conform to the requirements of the Contract Documents.

All materials are subject to the approval by the Owner both before and after incorporation into the project. All materials shall be new, of first quality, the best workmanship, and of the latest design. This does not apply to the incorporation of existing or salvaged materials into the project if specified in the Contract Documents. Any item of labor or material not shown as a separate pay item in the Bid shall be supplied as shown on the plans or required for construction and installed as incidental to the contract.

1.8 PRE-CONSTRUCTION MEETING

A. Contractor shall attend a pre-construction meeting with the Owner and the Engineer prior to initiation of the work. At the meeting, the Contractor shall present his schedule for performing the work as well as discuss his proposed methodology for performing the work.

1.9 PROTECTION OF THE PUBLIC, WORK, AND PROPERTY

A. The Contractor shall provide and maintain all necessary watchmen, barricades, lights, warning signs, and other signals and take all necessary precautions for the protection of all work from damages and shall take all reasonable precautions to protect the project property from injury or loss arising in connection with his contract.

B. The Contractor shall make good any damage, injury, or loss to his work and to the property of the Owner resulting from lack of reasonable protective precautions, except such as may be caused by agents or employees of the Owner. He shall adequately protect adjacent private and public property, as provided by law and these specifications.

1.10 SITE CLEAN UP

A. Contractor shall keep the work site free from accumulating waste materials and rubbish caused by his work or employees. All materials and equipment required on the site shall be kept in such a manner so as to cause a minimum of inconvenience and disruption to the general public. At the end of each workday, the construction site shall be cleaned up, and snow fence or temporary barricades shall be erected around all equipment and work zone areas. The site and surrounding access drives shall be broom swept at the end of each day as directed by the resident project representative.

Costs for site cleaning will not be paid for separately but shall be considered incidental to the price of the Contract. Parking areas for Contractor’s employees shall be agreed upon based on discussions with the Owner.

1.11 CONSTRUCTION OBSERVATION

A. All work under this Contract is subject to the review, inspection and approval of the Owner or his representative. No payments for work will be made without proper documentation that the work was completed to the full extent of the Contract.

1.12 FIELD REPRESENTATIVES

A. Field representatives may be appointed by the Owner to see that the work is performed in accordance with the Contract Documents. Field representatives shall have the authority to condemn and/or reject defective work and materials. Only the Owner shall have authority to suspend work.

Field representatives shall have no authority to permit deviation from the Contract Documents, and the Contractor shall be liable for any deviations made without a written order from the Engineer.

1.13 GUARANTEE-WARRANTY

A. The Contractor shall guarantee-warranty all materials and work for a period of one (1) year from date of acceptance by McHenry County. The warranty shall include all labor and material costs associated with repairs or replacement.

1.14 PAY ITEMS

A. The project is a lump sum contract (with the exception of the noted allowances). Quantities provided for each item in the base bid are estimates only and are provided for bidding convenience purposes. The Contractor is responsible for verifying the base bid quantities. No adjustments will be made to the unit price or lump sum based on final actual quantities for the base bid work. The pay items associated with the allowance items are noted in the proposal, and quantities will be measured for final payment for these items. Adjustments to unit prices based on actual quantities for allowance items will not be made. In the event there is a conflict between the pay items as shown in the proposal and the pay items as detailed in the Standard Specifications, the items as shown in the proposal shall govern.

1.15 CONSTRUCTION OPERATIONS

A. Traffic control devices shall be furnished and maintained. Work under this item shall not be paid for separately but will be considered incidental to the contract.

1.16 SUBSTITUTION OF MATERIALS

A. Substitution of Materials shall not be made without the written approval from the Owner or his representative. The Contractor shall bear the cost incurred by the Owner to review and approve substitute materials.

1.17 PROGRESS SCHEDULE

A. After award of the Contract and prior to beginning the work, the Contractor shall submit to McHenry County their proposed progress schedule in accordance with Article 108.02 of the Standard Specifications.

1.18 SAFETY

A. The Contractor shall take all necessary job safety precautions as required to be in accordance with all Local, County, State and Federal requirements including the Federal Occupation Safety and Health Act normally referred to as OSHA.

1.19 MATERIAL CERTIFICATION

A. The Contractor shall furnish certifications to the owner from all suppliers for all materials. The statements shall certify that the materials comply with the requirements of the "Standard Specifications for Road and Bridge Construction in Illinois" and the Supplemental Specifications.

1.20 MATERIAL TICKETS

A. The Contractor shall furnish the owner with material delivery tickets for all materials furnished in conjunction with the construction of the project including but not limited to aggregate, bituminous materials for prime coat, all bituminous mixes and concrete. The delivery tickets shall be given to the owner or his representative each day at the end of the working day.

1.21 MATERIAL TESTING

A. All materials, accessories and equipment to be used in the work shall be subject to testing at all times during manufacture, fabrication, delivery and erection to such tests and inspections as the owner or his representative may deem necessary or desirable to assure that such products are suitable for the purpose for which they are to be used and that they comply in all respects to the requirements of these Specifications. Materials shall be tested by an IDOT prequalified testing laboratory. The contractor is required to provide a third party testing company to sample the concrete for each pour.

1.22 CONSTRUCTION NOISE RESTRICTIONS / WORK HOURS

A. This item shall meet the McHenry County Ordinance. All engines and engine driven equipment used for hauling or construction shall be equipped with an adequate muffler in constant operation and properly maintained to prevent excessive or unusual noise. Construction within 1,000 feet of an occupied residence, or similar receptor shall be confined to the period beginning at 7:00 a.m. and ending at 6:00 p.m. weekdays; 7:00 a.m. - 4:00 p.m. Saturdays and no work on Sundays or Holidays. Contractor shall notify the Owner a minimum of 24 hours in advance if any work is to be performed on Saturdays.

B. This time regulation shall not apply to sawing construction joints, maintenance or operation of safety and traffic control devices such as barricades, signs, and lighting, or to construction of an emergency nature.

C. Exception: Any machine or device, or part thereof which is regulated by, or becomes regulated by Federal or State of Illinois noise standards shall conform to those standards.

1.23 TRAFFIC CONTROL AND PROTECTION

A. This work shall consist of providing furnishing, installation, maintenance, relocation, and removal of all traffic control devices as per the IDOT standards and in accordance with Section 701 of the Standard Specifications.

1.24 DUST CONTROL/TRACKING MUD

A. The Contractor shall be responsible for the control of excess dust during the entire construction period. Water shall be applied to areas when excess dust is generated. Any tracking of mud onto City streets will not be allowed.

If any tracking should occur, the contractor shall immediately remove the mud and clean the streets. The designated construction access route shall also be maintained and cleaned, as necessary. This work will not be paid for separately but shall be considered incidental to the contract.

1.25 ACCESS & CLOSURES

A. . The Contractor shall access the location of improvements only from the southeast corner of the property, at the location of the existing aggregate driveway and future drive connection to Airport Road. All open or disturbed areas adjacent to the roadway shall be properly signed warning the motorists and pedestrian public of the potential danger

1.26 INCORPORATED SPECIFICATIONS

A. The following specifications are incorporated into this document:

• Illinois Department of Transportation, Standard Specifications for Road and Bridge Construction, latest revision. (IDOT SSRBC)

• Illinois Department of Transportation, Project Procedures Guide, latest revision.

• Illinois Department of Transportation, Supplemental and Recurring Special Provisions, latest revision.

• Manual of Uniform Traffic Control Devices for Streets and Highways, Federal Highway Administration, latest revision.

• Manual of Test Procedures for Materials, Illinois Department of Transportation, latest revision.

END OF SECTION

MC FACILITIES PARKING LOT IMPROVEMENTS

MCHENRY COUNTY FACILITIES PARKING LOT IMPROVEMENTS

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