Northbrook Park District PM_Northbrook-Community-Center-Theatre-Rigging-Repairs-2289-2026-07-15_FINAL.pdf

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Attached to
Northbrook Community Center – Theatre Rigging Repairs
Solicitation number
2289
Issued by
Cook County, Niles Village, Illinois

About this file

This is a Project Manual and Bid Packet issued by the Northbrook Park District for theatrical rigging repairs at the Northbrook Community Center located at 3323 Waters Avenue, Northbrook, Illinois. The District is requesting sealed bids for comprehensive repairs to the theatre's rigging system, including fixes to oversized holes, guide line supports, turnbuckles, wire rope clips, trim chains, shackles, operating lines, and various hardware components identified in a May 2026 inspection by The Chicago Flyhouse, Inc. The project is divided into Priority 1 items (12 critical repairs) and Priority 2 items (13 additional repairs), all requiring Entertainment Technician Certification Program (ETCP) certified personnel and compliance with ANSI E1 Entertainment Technology Standards. The bid submission deadline is August 6, 2026, at 3:00 p.m. at the District's administrative office located at 545 Academy Drive, Northbrook, Illinois 60062. Bidders must submit written questions by July 30, 2026, at 5:00 p.m., and site visits must be conducted by July 29, 2026. The project has a 25-business-day work window with commencement on August 27, 2026, substantial completion required by September 25, 2026, and final completion by October 2, 2026. Work hours are Monday through Thursday 7:00 a.m. to 6:00 p.m., Friday 7:00 a.m. to 5:00 p.m., and Saturday 9:00 a.m. to 1:00 p.m. (excluding September 5).

All bids must be accompanied by a bid bond or cashier's check equal to ten percent of the bid amount and include certifications regarding bidder experience, subcontractor lists, and compliance with federal, state, and local laws. Bidders must demonstrate completion of at least three comparable projects within the past five years and provide detailed information on current projects and any litigation or debarment proceedings. The work is subject to the Illinois Prevailing Wage Act, requiring contractors to pay all laborers, workmen, and mechanics at prevailing rates as determined by the Illinois Department of Labor for Cook County. Contractors must maintain commercial general liability insurance with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate, business auto liability insurance of $1,000,000 per accident, and workers' compensation insurance as required by statute. Liquidated damages of $750 per calendar day are assessed for failure to achieve substantial completion by the scheduled date. The District reserves the right to reject all bids, accept only portions of work, or award the contract to multiple bidders. Final payment, subject to the Illinois Local Government Prompt Payment Act, will be made after substantial completion and receipt of a final Certificate for Payment, with ten percent retainage withheld from progress payments until project completion.

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Project Manual Bid Packet and Specifications

July 16, 2026

Northbrook Community Center – Theatre Rigging Repairs Bid #2289

3323 Waters Avenue Northbrook, IL 60062

Bid Submission Deadline:

August 6, 2026 at 3:00pm at Northbrook Park District

545 Academy Drive Northbrook, IL 60062

Bid Question Due

Thursday, July 30 at 5:00pm

TABLE OF CONTENTS

Advertisement to Bid 3 Instructions to Bidders 4 Bidders Checklist 10 Construction Schedule 11 Special Conditions 12 Supplemental Conditions 13 Application and Certificate for Payment (AIA G702, 1992) 18 Contractor’s Affidavit of Payment of Debts and Claims (AIA G706, 1994) 18 Prevailing Wage Supersedes Notice 19 Bid Form 20 Required Bidder Information 22 Affidavit of Experience 23 Subcontractors and Suppliers List 24 Contractor Compliance and Certifications Attachment 25 Substance Abuse Prevention Program Certification 28 Specifications

Project Scope 29

Exhibits Standard Form of Agreement Between Owner & Contractor (AIA A101, 2017) Exhibit A

General Conditions of the Contract for Construction (AIA A201, 2017) Exhibit B Rigging Log Summary Exhibit C

ADVERTISEMENT FOR BID

The NORTHBROOK PARK DISTRICT (the “Owner” or “District”) does hereby invite sealed bids for Northbrook Community Center – Theatre Rigging Repairs, Bid #2289.

The Project Manual may be obtained beginning July 16, 2026, during the District’s normal business hours of 9am-5pm at the District’s Administrative Office, 545 Academy Drive, Northbrook, Illinois 60062, or by sending an email request to Nicole Wrobel nwrobel@nbparks.org, or by downloading from the District’s website: https://www.nbparks.org/bids.

Each bid must be placed in a sealed opaque envelope and must be clearly marked “Bid Officer-Northbrook Park District, Northbrook Community Center – Theatre Rigging Repairs and addressed to the Northbrook Park District, 545 Academy Drive, Northbrook, Illinois 60062. Sealed bids will be received until August 6, 2026 at 3:00pm, at which time the bids will be opened and publicly read aloud in the District's Conference Room at 545 Academy Drive, Northbrook, Illinois 60062.

A site visit can be scheduled by calling Drew Kambach at 847-897-6155 or by email at dkambach@nbparks.org. Site visits must be conducted on or prior to Wednesday, July 29. All questions are due by Thursday, July 30 at 5:00pm. Final addendums, if any, will be posted by Monday, August 3 at 5:00pm.

The Northbrook Park District Board of Park Commissioners reserves the right to waive all technicalities, to accept or reject any or all bids, to accept only portions of a bid and reject the remainder without disclosure for any reason.

Bids shall not include federal excise tax or state sales tax for materials to be incorporated in or totally consumed in the prosecution of the Work. A tax exemption certificate will be furnished by the District at the request of the Bidder, for use in connection with this Project only.

The Work of this Project is subject to the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et seq. A prevailing wage determination has been made by the Illinois Department of Labor for public works projects in Cook County. The Contract entered into for the Work will be drawn in compliance with said law, and proposals should be prepared accordingly and provide for payment of all laborers, workmen and mechanics needed to perform the Work at no less than the prevailing rate of wages (or the prevailing rate for legal holiday and overtime work) for each craft, type of worker or mechanic.

All bids must be accompanied by cashier’s check or bid bond payable to the order of the District for ten percent (10%) of the amount of the bid as provided in the Instructions to Bidders. No proposals or bids will be considered unless accompanied by such bond or check.

The Contractor(s) selected also will be required to comply with all applicable federal, state and local laws, rules, regulations and executive orders, including but not limited to those pertaining to equal employment opportunity.

Northbrook Park District Dated: July 16, 2026 To appear in Daily Herald on July 16, 2026

INSTRUCTIONS TO BIDDERS

Date: July 16, 2026

Bid Request: Northbrook Community Center – Theatre Rigging Repairs

Bid Number: 2289

Address for Submission of Bids: Attention: Bid Officer Northbrook Park District 545 Academy Drive Northbrook, Illinois 60062 Northbrook Community Center – Theatre Rigging Repairs, Bid #2289

Bid Deadline and Opening: August 6, 2026 at 3:00pm

The Northbrook Park District and Owner are one and the same. Please direct any questions regarding this Project to Drew Kambach at 847-897-6155 or by email at dkambach@nbparks.org. “Architect” shall mean owner, represented by Drew Kambach, who can be reached at dkambach@nbparks.org. The words "Contractor" and “Bidder” shall mean the party bidding for or entering the Contract for the performance of the Work covered by the written Specifications and Drawings, and their legal representatives or authorized agents.

I. Preparation and Submission of Bid Proposal

a. The Project Manual is available in printed format from the District’s Administrative Office, 545 Academy Drive, Northbrook, Illinois 60062, Monday-Friday, 9:00 a.m. – 5:00 p.m. or may be downloaded from the District’s website: https://www.nbparks.org/bids.

b. A site visit can be scheduled by calling Drew Kambach at 847-897-6155 or by email at dkambach@nbparks.org.

Site visits must be conducted on or prior to Wednesday, July 29. All Bidders for this Project are encouraged to schedule a site visit prior to bidding.

c. Each bid must be placed in a sealed opaque envelope and delivered or mailed to the address set forth above. Sealed bids for this Project shall be delivered or mailed in time for delivery to the foregoing no later than the bid deadline set forth above. Oral bids or oral modifications to bids will not be considered. It is the sole responsibility of the Bidder to see that its bid is received in proper time. No faxed or e-mail bid or modification of a bid will be considered. The 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 these Bid Documents will be considered non-responsive.

d. Each bid shall be made on the Bid Form furnished by the District. The Bid Form shall be executed properly, and all writing, including all signatures, shall be with blue or black ink. Failure to use the Bid Form provided could result in rejection of the bid.

e. All applicable blank spaces on the "Bid Form" shall be fully completed, including the List of Subcontractors and the

Bidder’s Reference List, and all amounts shall be in words as well as in figures where applicable. The Bidder shall specify in figures, in the places provided, a price for each of the separate items called for in the Bid Form.

e. The bid shall bear the legal name of the business organization. The signatures shall be in longhand and executed by a duly authorized official of the Bidder's organization and the name of the official and title shall be typed below the signature.

f. Erasures, interlineations, corrections, or other changes on the "Bid Form" shall be explained or noted over the signature of the Bidder. No bid submitted with deviations or reservations from the full contract called for will be considered.

g. Bidders’ prices are to include the delivery of all materials, including plant, equipment, supplies, tools, scaffolding, transportation, insurances, bonds, warranties, and all other items and 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. Bids shall not include federal excise tax or state sales tax for materials to be incorporated in or totally consumed in the prosecution of the Work. A tax exemption certificate will be furnished by the Park District upon request of the Bidder.

h. Bidder must acknowledge all Addenda received in the spaces provided on the Contractor Bid Form. By submitting a bid, Bidder indicates that all considerations issued by Addendum are incorporated in the bid.

i. Attached to the Bid Form will be one or more certifications regarding the Bidder’s compliance with applicable laws.

Failure of a Bidder to complete/submit a required certification may be the basis for immediate rejection of that Bidder’s bid. The successful Bidder’s certifications shall become a part of the Contract with the Park District.

II. Requirement of Bidders

a. Bidders must be able to demonstrate that they: 1) have experience in performing and have successfully performed and are still actively engaged in performing work similar in kind and scope to the Work of the Project, and 2) are able to show that they have adequate laborers and materials to successfully complete the Work as indicated in the Bid Documents and within the time required by the Bid Documents. The Contractor shall not have been debarred or determined ineligible for public contracts by any governmental agency.

b. The following forms must be completed and attached to the Bidder’s bid proposal. Failure to do so may result in disqualification of the Bidder.

i. Required Bidder Information Form:

a) List all construction projects your organization has in progress, giving the name of the project, project description, project address, owner and telephone number, architect and telephone number, contract amount, percent complete, and scheduled completion date.

b) List all administrative proceedings and litigation filed by or against Bidder in the past five (5) years, including the name and case number, name/jurisdiction of the court or administrative agency, and a summary of each claim/case, including current status and, if no longer pending, the disposition. The foregoing includes but is not limited to information regarding any proceedings and actions taken by any governmental agency to debar or disqualify the Bidder from bidding on public contracts, including the name of the agency initiating the proceeding/action, the nature of the proceeding/action, the claimed basis for the proceeding/action, and the current status or disposition of the proceeding/action.

ii. Affidavit of Experience Form: List at least three (3) projects your organization has completed in the past five

(5) years, which are comparable in scope and size to this Project, giving the name of the project, project description, project address, owner and telephone number.

iii. Subcontractor and Supplier’s List Form: Provide a list of anticipated subcontractors and suppliers, if any, including their firm names, addresses and telephone numbers for this Project. All subcontractors and suppliers to be used shall be approved by the Owner. If the Contractor subcontracts any part of the Work for this Project, the Contractor shall not under any circumstances be relieved of his liabilities and obligations; any subcontractor or supplier for this Project will be recognized only in the capacity of an employee of the Contractor.

iv. Other required submittals include: Bid Form, Contractor’s Compliance and Certification

Attachment/Substance Abuse Prevention Program Certification. Failure of a Bidder to complete/submit these documents may be the basis for immediate rejection of that Bidder’s bid.

The Park District reserves the right to require of any Bidder such information to verify the Bidder's qualifications and financial status and to withhold formal signing of the contract until such information is received.

III. Examination of Site, Drawings and Specifications

a. Each Bidder shall visit the site(s) of the proposed Work and fully acquaint itself with existing conditions and shall undertake such additional inquiry and investigation as the Bidder shall deem necessary so that the Bidder may fully understand the requirements, facilities, possible difficulties and restrictions attending the execution of the Work under the Contract. Bidder shall thoroughly examine and be familiar with all of the Bid Documents, including but not limited to the Drawings and the written Specifications. Any conflicts or discrepancies found between or among Bid Documents, including but not limited to the Drawings and written Specifications and the site conditions, or any errors, omissions or ambiguities in the Drawings or written Specifications shall be immediately reported to the Park District and written clarification requested prior to submission of a bid.

b. The failure or omission of any Bidder to obtain, receive or examine any form, instrument or information, to visit the

Project site(s) and become knowledgeable with respect to conditions existing there, or to seek needed clarification shall in no way relieve any Bidder from any obligations with respect to the Bidder’s bid. By submitting a bid, the Bidder agrees, represents and warrants that the Bidder has undertaken such investigation as the Bidder deemed necessary, has examined the site(s) and the Bid Documents, has obtained all needed clarifications, and where the Bid Documents indicate in any part of the Work that a given result be produced, that the Bid Documents are adequate and the required result can be produced as indicated in the Specifications and Drawing(s). Once the award has been made, failure to have undertaken and completed the foregoing tasks shall not be cause to alter the original Contract or to request additional compensation.

IV. Acceptance or Rejection of Bids

a. The Park District may accept the bid of, and award the Contract for the Work to, the lowest responsive and responsible Bidder, as determined by and in the sole discretion of the Park District.

b. The Owner reserves the right to: (1) reject all bids; (2) reject only certain bids that are non-conforming or non-responsive to the bid requirements; (3) accept only a portion, part or specific items of Work of all and reject others, as the Owner shall in its sole discretion determine to be in its best interest; and/or (4) award the Contract to the responsible Bidder submitting the lowest bid responsive to the bidding requirements. No bid will be accepted from or Contract awarded to any person, firm or corporation that is in arrears or is in default to the Park District upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to said Park District or that has failed to perform faithfully any previous contract with the Park District.

c. In the event of a rejection of a portion, part or certain items of Work of all bids, the bid of each Bidder shall automatically be deemed reduced by the amount of such rejected part or item at the unit price or other cost designated therefore by that Bidder on its submitted Contractor Bid Form. The successful Bidder so selected may not refuse to enter into a Contract with the Owner on the basis that the Owner awarded a Contract for less than all portions or items of the Work specified in the Bid Documents. The Northbrook Park District Board of Park Commissioners reserves the right to waive any technicalities or irregularities and to disregard any informality on the bids and bidding when, in its opinion, the best interest of the Park District will be served by such actions and in accordance with applicable law.

V. Surety

a. All bids must be accompanied by a bid bond or bank cashier’s check, payable to the Northbrook Park District for ten percent (10%) of the amount of the bid and drawn on a responsive and responsible bank doing business in the United States. All bids not accompanied by a bid security, when required, will be rejected.

b. The bid security of all except the three (3) lowest responsive and responsible Bidders will be returned after the decision to accept or reject bids by the Northbrook Park District Board of Park Commissioners. The bid security of the three (3) lowest responsive and responsible Bidders will be returned after acceptance by the Park District of a certificate of insurance naming the Northbrook Park District as the certificate holder and as additional insured from the successful Bidder, and the successful Bidder has executed and returned to the Park District the Contract for the Work presented by the Park District.

VI. Withdrawal of Bid

Bidders may withdraw or cancel their bids at any time prior to the advertised bid opening time by signing and submitting a request for said withdrawal. After the bid opening time, no bid shall be withdrawn or canceled for a period of sixty (60) calendar days.

VII. Award of Contract

a. Owner will award the Contract to the lowest most responsible and responsive Bidder, as determined by Owner. In considering the Bidder’s responsibility, the Owner may evaluate, among other factors, the ability of the Bidder to provide experienced labor sufficient in numbers to timely and properly complete the services, conformity with the Specifications, serviceability, quality, and the financial capability of the Bidder, and the performance of the Bidder on other projects.

b. Bids will be awarded to one Bidder for the entire Project or to any series of Bidders for an appropriate portion of the Project. If specified in the Bid Form, awards will be based upon the submitted unit prices.

c. The Owner shall have the right to accept Alternates in any order or combination, and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted.

d. The acceptance of a bid will be by a Notice of Award, signed by a duly authorized representative of the Park

District; no other act by the Park District shall constitute the acceptance of a bid. The acceptance of a bid by the Park District shall bind the successful Bidder to execute and perform the Work of the Contract. The successful Bidder to whom the Contract is awarded by the Park District shall sign and deliver to the Park District for execution by the Park District all required copies of the Contract, along with all required insurance and surety documents within ten (10) days after presentation to the Bidder of the Contract for signature. In case the Bidder shall fail or neglect to do so, the Bidder will be considered as having abandoned the Contract, and as being in default to the Owner. The Owner may thereupon re-advertise or otherwise award said Contract and forfeit the Bid Security.

e. The Advertisement for Bid, Instructions to Bidders, General Conditions, Supplementary and/or Special Conditions, if any, Drawings, Specifications, Contractor Bid Forms, Addenda, if any, Contractors Compliance and Certifications Attachment, Substance Abuse Certification, and the Prevailing Wage Determination and Supersedes Notice comprise the Bid Documents. The Bid Documents, together with the Standard Form of Agreement Between Owner and Contractor AIA Document A101-2017, as modified by the Park District and included in these Bid Documents, Performance Bond and Labor and Material Payment Bonds, if required, and proof of insurance comprise the Contract Documents.

VIII. Interpretation of the Contract Documents

a. The Park District shall in all cases determine the amount or quantity of the several kinds of Work which are to be paid for under this Contract and shall decide all questions which may arise relative to the execution of the Contract on the part of the Contractor, and all estimates and decisions shall be final and conclusive. The Park District shall have the right to make alterations in the lines, grades, plans, forms or dimensions of the Work herein contemplated either before or after the commencement of the Work. If such alterations diminish the quantity of the Work to be done, they shall not constitute a claim for damage or for anticipated profits on the Work dispensed with, or if they increase the amount of Work, such increase shall be paid according to the quantity actually done and at the price or prices stipulated for such Work in the Contract. The Park District reserves the right to approve an equal to or superior to product or equipment required under the Specifications or to reject as not being an equal to or superior to the product or equipment required under the Specifications. If the Bidder is in doubt as to the interpretation of any part of the Bid Documents or finds errors, discrepancies or omissions from any part of the Contract Documents, the Bidder must submit a written request for interpretation thereof not later than five (5) days prior to opening of bids to the Park District. Address all communications to Drew Kambach at 847-897-6155 or by email at dkambach@nbparks.org at the Park District. If an error or omission is discovered in the Bid Documents after the bid opening, the Park District reserves the right: i) to determine whether to require the submission of new bids; or ii) if the error or omission is of such a nature that it was reasonably discoverable upon a careful review of the Bid Documents, to award the Contract to the lowest responsive and responsible Bidder as determined by the Park District and to require that Contractor to perform the Work in accordance with an issued correction by the Park District and for the amount bid by the Contractor. Such decisions are final and not subject to recourse. Errors and omissions made by the Bidder cannot be corrected after the bid opening.

IX. Addenda

a. Any interpretation, correction or addition to the Bid Documents will be made by written Addendum and will be delivered to each prime Bidder of record. The written Addenda constitute the only interpretations of the Bid Documents; the Park District accepts no responsibility for any other claimed interpretations or communications.

b. It is the responsibility of each Bidder to verify that it has received all Addenda prior to submitting a bid. It is also the responsibility of each Bidder to verify that all subcontractors and material suppliers whose prices are incorporated in the Bidder’s bid are familiar with the Bid Documents in their entirety, including all Addenda issued up to the time of bid opening.

c. In the event a conflict or omission is discovered in the Bid Documents after the issuing of the last Addendum such that an interpretation cannot be issued by the Park District prior to bidding, the Bidder is directed to estimate on and provide the quantity and quality of material and labor consistent with the overall represented and indicated Work so as to provide all materials, equipment, labor and services necessary for the completion of the Work in accordance with the Bid Documents.

X. Substitutions during Bidding

a. Unless otherwise indicated, brand names in the Specifications are used for the purpose of establishing a grade or quality. Bidders proposing to use an alternate that is equal or superior in every respect to that required by the Specifications must request approval in writing to the Park District at least seven (7) business days prior to the bid opening and mark the item as “or approved equal.”

b. Additionally, Bidders requesting approval for use of an alternate must provide certification by the manufacturer that the substitute proposed is equal to or superior in every respect to that required by the Contract Documents and that its in-place performance will be equal to or superior to the product or equipment specified in the application indicated. The Bidder, in submitting the request for substitution, waives the right to additional payment or an extension of Contract Time because of the failure of the substitute to perform as represented in the request for substitution.

c. The Park District may request additional information or documentation necessary for evaluation of the request for substitution.

d. The Park District will notify all Bidders of record regarding whether the proposed substitute has been accepted by means of an Addendum to the Bid Documents. Park District approval of a substitute during bidding does not relieve the Contractor of the responsibility to submit required shop drawings and to comply with all other requirements of the Contract Documents, including but not limited to proper performance of all components of the Work and suitability for the uses specified.

e. Bids proposing alternates not previously approved by the Park District will be considered non-responsive and rejected. The Park District reserves the right to determine whether a substituted selection, in its judgment, is equal to or of better quality and therefore an acceptable alternate. Such decisions are final and not subject to recourse.

XI. Postponement of Date for Opening Bids

The District reserves the right to postpone the date of the bid deadline and, in such a case, will provide at least three (3) days written notice of any such postponement to each Bidder of record.

END OF SECTION

BIDDERS CHECKLIST

Please make sure you have all the items completed before submitting your SEALED bid.

Site Examination

Completed Bid Form

Signed Addenda

Required Bidder Information Form

Affidavit of Experience Form

Subcontractors and Suppliers List Form

Contractor Compliance and Certifications Attachment Form

Substance Abuse Prevention Program Certification

Bid Security (Bid Bond or Bank Cashier Check) – 10% of Contract Sum

Submission of Bid

• Bid must be placed in a sealed opaque envelope and clearly marked:

Bid Officer - Northbrook Park District Northbrook Community Center – Theatre Rigging Repairs, Bid #2289

August 6, 2026 at 3:00pm

• If delivering by mail, the sealed bid shall be placed in a mailing envelope (USPS, FedEx, UPS, etc.)

and addressed and delivered to:

Bid Officer - Northbrook Park District 545 Academy Drive

Northbrook, Illinois 60062

CONSTRUCTION SCHEDULE

I. Commencement and Completion of Work

Unless otherwise agreed to by Owner, Contractor shall comply with the following schedules:

We have provided a 25-business day work window (work must be completed in this timeframe):

a. Commencement of Work: August 27, 2026

b. Substantial Completion Date: September 25, 2026

c. Final Completion Date: October 2, 2026

Hours available to work:

a. Monday – Thursday (7am-6pm)

b. Friday (7am-5pm)

c. Saturdays – if needed (9am-1pm) - with the exception of Saturday, September 5 (Building Closed)

II. Construction Schedule Submittal

a. Within seven (7) calendar days of Notice to Proceed, Contractor shall submit and review with the Owner a formal construction schedule identifying the sequencing of events.

b. Contractor shall graphically chart the order (by bar chart) and interdependence of all activities necessary to complete the Work, and the sequence in which each activity will be accomplished, as planned by the Contractor, its project office and field superintendents in coordination with all subcontractors whose work may impact the schedule.

SPECIAL CONDITIONS

I. Liquidated Damages

Time is of the essence to the Contract. If the Contractor fails to achieve Substantial Completion of the Work by the Substantial Completion date(s) established in the Contract Documents and/or as established in the approved construction schedules, as may be adjusted by extensions of time contained in fully-executed Change Orders, if any (the “Scheduled Date(s) of Substantial Completion”), the Contractor shall be liable to and shall pay the Owner the amount of $750 per calendar day for each and every such day between the Scheduled Date(s) of Substantial Completion and the actual date(s) of Final Completion, and the Owner may set off and deduct such amounts from payments due, or which may later become due, to the Contractor.

The parties stipulate and agree that this provision is fair and reasonable, and the per day rate established in this Section is fair and reasonable, considering the nature of the harm that may be incurred by the Owner as a result of such delay, and the difficulty or impossibility of ascertaining, calculating, and/or proving the actual damages resulting from such delay. The parties stipulate and agree that this Section is a valid and enforceable liquidated delay damages clause and is not a penalty. The liquidated damages clause contained in this Section shall be Owner’s sole and exclusive remedy against Contractor for delay.

II. Non-Waiver

The following shall not constitute a waiver of the Contractor's obligation to pay liquidated damages: a) Owner’s acceptance of or payment for any portion of the Work; or b) authorization or approval by Owner for Contractor to complete the Work or any portion thereof.

III. Additional Costs/Claims of Other Parties

The Owner's right to recover liquidated damages is for Contractor’s failure to complete the Project on time only and such damages shall be in addition to and not a substitute for any right of recovery for additional costs incurred by Owner due to Contractor’s failure to perform the Contract for other reasons. Nor shall the Owner's right to recover liquidated damages be a substitution for or bar to recovery of any additional compensation the Owner may be obligated to pay the Architect, Engineer and/or any separate contractor(s) performing work on the Project due to Contractor's failure to perform the Contract.

IV. 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.

SUPPLEMENTAL CONDITIONS

The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201-2017, as modified by the Park District, included in these Bid Documents as Exhibit B (the “General Conditions”). The General Conditions are hereby amended to include the following terms (the “Supplemental Conditions”):

I. Payment

a. Payment shall be made in accordance with the Local Government Prompt Payment Act, 50 ILCS 505/1, et seq., and in accordance with the Contract Documents.

b. Application for Payment shall be submitted in accordance with the Contract Documents and must include the following information:

i. Name, address and phone number of the Bidder

ii. Invoice number

iii. Itemized statement of services

iv. Any payment discount terms offered

v. Complete W-9

vi. Certified Payroll

vii. Waivers

viii. Any other documents as required by the Contract Documents

II. Guarantee and Warranty

a. The Contractor warrants to the Northbrook 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 Northbrook Park District.

b. The Contractor must present the Northbrook Park District with two (2) copies of any manufacturer’s warranty or guarantee information. If needed, the Contractor agrees to assign any warranties and guarantees to the Northbrook Park District. Unless a longer period is required pursuant to the Specifications or by law, the Contractor 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 Contractor’s expense.

c. 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 Northbrook Park District.

III. Completion Date

The Contractor shall complete the Work of this Project by the date set forth in the Construction Schedule. Failure of the Contractor to complete this Project in accordance with the Specifications shall constitute a breach of the Contract.

IV. Insurance

For the duration of the contract, Contractor shall procure and maintain insurance against claims for death, injuries to persons, or damages to property that may arise from or in connection with the performance of Work by the Contractor, its agents, representatives, employees and subcontractors. Contractor shall procure and maintain the following types and amounts of insurance:

i. Commercial General and Umbrella Liability Insurance

The 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 and $2,000,000 aggregate. 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) Occurrence Form CG 00 01 04 13, or a substitute form providing equivalent coverage, and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury, advertising injury and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). Owner, its elected and appointed officials, employees, and agents, shall be included as an insured under the CGL, using ISO additional insured endorsement CG 20 26, or a substitute providing equivalent coverage, under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance afforded to the Owner. Any insurance or self-insurance maintained by the Owner shall be deemed excess of the Contractor’s insurance and shall not contribute with it. 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.

If the Contractor maintains higher limits than the minimums shown above, Owner requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Owner.

ii. Continuing Completed Operations Liability Insurance

The Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella liability insurance with a limit of not less than $2,000,000 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 04 13, 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.

iii. Business Auto and Umbrella Liability Insurance The 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 0 I, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing equivalent liability coverage equivalent to that provided in the 1990 and later editions of CA 00 01.

iv. Workers Compensation Insurance The Contractor shall maintain workers compensation as required by statute and employers liability insurance.

The commercial umbrella and/or employer’s 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 the 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 Contractor’s work.

v. General Insurance Provisions

1. Evidence of Insurance

Prior to beginning Work, Contractor shall furnish Owner with a certificate 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 Owner prior to the cancellation or material change of insurance referred to therein. Written notice to Owner shall be by certified mail, return receipt requested.

An additional certificate and endorsements evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted by Contractor and all subcontractors with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the time permitted for expiration. If any aggregate limit is reduced on account of claims paid, Contractor and Subcontractor shall immediately notify the Owner and Architect in writing of the amount of such reduction.

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 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 shall provide certified copies all insurance policies required above within ten (10) days of Owner’s written request for said copies.

2. Acceptability of Insurers

For insurance companies that 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.

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.

V. Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Northbrook Park District 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 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 there from 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. The Contractor shall similarly protect, indemnify and hold and save harmless the Northbrook 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 Contractor's breach of any of its obligations under, or the Contractor's default of, any provision of the Contract.

Claims, damages, losses and expenses’ as these words are used in the Contract shall be construed to include, but not to limited to (1) injury or damage consequent upon the failure of or use or misuse by the Contractor, its subcontractors, agents, servants or employees, of any hoist, rigging, blocking, scaffolding or any and all other kinds of items of equipment, 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 in the Agreement; and (3) time expended by the party being indemnified and their employees, at their usual rates plus consists of travel, long distance telephone and reproduction of documents.

The indemnification required hereunder shall not be limited by reason of the enumeration of insurance coverage herein provided.

VI. Construction Permits

Upon signing this Contract, the Contractor is responsible for submitting, coordinating and obtaining all necessary documents associated with the permit requirements for the construction of this Project. The Contractor shall also be responsible for scheduling and attending any inspections required in the permit process for this Project. The Contractor is not responsible for revising and/or altering the design as shown on the plans based on the permit review unless the Contractor is the author of the plans, or as otherwise required under the Contract. All costs associated with permitting are to be included in the general conditions of this Contract.

VIII Construction Meetings

Contractor shall attend weekly on-site construction meetings scheduled by the Park District to review construction progress and address Project concerns.

IX Use of the Site

The Contractor shall confine all equipment, the storage of materials and the operations of its workers, to limits indicated by law, ordinances, permits, or directions of the Owner and shall not unreasonably encumber the site with such materials. The site shall not be utilized for the storage of vehicles, materials, equipment, or fixtures not intended for the Work to be performed.

X Cooperation with Utilities

The Contractor shall notify all utility companies, public and private, as necessary in advance of commencing performance of the Work. The responsibility for moving water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cable ways, signals and all other utility appurtenances which are within the limits of the proposed construction will be assumed by the Contractor, at no additional compensation.

The Contractor shall verify the location of all utilities prior to the start of construction and shall be responsible for the preservation of existing utility installation and the cost of providing precautionary supports, braces, etc. to insure against damage to said utility installation.

The cost to repair and replace any new or existing utilities damaged will be paid for by the Contractor.

It is understood and agreed that the Contractor has considered in its bid all of the permanent and temporary utility appurtenances in their present or relocated positions and that no additional compensation will be allowed for delays, inconvenience, or damage sustained by the Contractor, due to any interference from the said utility appurtenances or the operation of moving them either by the utility company or by the Contractor, or on account of any special construction methods required in performing the Work due to the existence of said appurtenances whether in their present or relocated positions.

XI. Protection of Property-Safety Responsibility

In accordance with the Specifications, the Contractor shall protect all existing property and improvements within the Project site and those adjacent to the Owner’s property in a manner agreed upon between the Owner and Contractor.

The Contractor shall be responsible for the repair cost of any damage created by its operations or the operations of any subcontractors.

Contractor shall comply with State and Federal regulations as outlined in the latest revision of the Federal Construction Safety Standards and with applicable provisions and regulations of Occupation Safety and Health Administration (OSHA), Standards of the William-Steiger Occupational Health and Safety Act of 1970 (revised), Americal National Standards Institute (ANSI). The Contractor and Owner shall each be responsible for their respective agents and employees.

The Contractor shall be obligated to indemnify, hold harmless and protect the Owner, its officers, employees and agents, from any actions or suits instituted as a direct or indirect result of any injury or damage consequent upon any failure to use or misuse by the Contractor, its agents and employees and any subcontractor, its agents and employees, of any ladder, support or other mechanical contrivance erected or constructed by any person or any or all kinds of equipment whether or not Owner or furnished by the Owner.

APPLICATION AND CERTIFICATE FOR PAYMENT

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.

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

CONTRACTOR’S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS

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.

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

IMPORTANT NOTICE OF RESPONSIBILITY FOR PERIODIC REVISIONS TO

PREVAILING WAGE RATES

Revisions of the Prevailing Wage Rates are made periodically by the Illinois Department of Labor (IDOL). As required by the Illinois Prevailing Wage Act, the contractor/subcontractor has an obligation to check IDOL’s web site for revisions to prevailing wage rates. These revisions may be accessed by computer at http://labor.illinois.gov/. Bidders and Contractors performing work on this Project are responsible for determining the applicable prevailing wage rates at the time of bid submission and performance of the Work. Failure of a Bidder/Contractor to make such determination shall not relieve it of its obligations in accordance with the Contract Documents. In consideration for the award to it of the contract for this Project, the Contractor agrees that the foregoing notice satisfies any obligation of the public body in charge of this Project to notify the Contractor of periodic changes in the prevailing wage rates and the Contractor agrees to assume and be solely responsible for, as a material obligation of the Contractor under the contract, the obligation to determine periodic revisions of the prevailing wage rates, to notify its subcontractors of such revisions, to post such revisions as required for the posting of wage rates under the Act, and to pay and require its subcontractors to pay wages in accordance with such revised rates.

Information on how to access IDOL’s Certified Transcript of Payroll Portal may be accessed by computer at:

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

BID FORM

Northbrook Community Center – Theatre Rigging Repairs, Bid #2289

(Please complete in ink, and print or type)

TO: NORTHBROOK PARK DISTRICT

FROM: ____________________________

NAME OF BIDDER

By submission of its bid, the Bidder acknowledges, agrees, represents, declares and warrants:

I. That Bidder has visited and examined the site and is fully familiar with and has satisfied itself as to the site and the local and other conditions under which the Work is to be performed, including without limitation, (i) surface conditions of the site and subsurface conditions readily observable or ascertainable upon the exercise of reasonable diligence and all structures and obstructions thereon and thereunder, both natural and manmade; (ii) 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 (iii) 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 timeframe indicated by the Contract Documents; and has correlated the Bidder's personal observations with the requirements of and matters indicated in or by the proposed Contract Documents.

II. To hold the bid open for sixty (60) days subsequent to the date of the bid opening.

III. To enter into and execute a Contract with the Owner within ten (10) days after…

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