plainfield park district 2026-0716-Tamrack OLSAD Ph 1-Specs-Bid_2070.pdf

Project Manual

Bid Packet and Specifications July 16, 2026

Plainfield Park District Park Renovation:

Tamarack Settlement Phase 1 Bid # 2070

23729 W. Ottawa Street Plainfield, IL 60544

Bid Submission Deadline:

July 30, 2026 @ 10:00 AM

Bid Opening:

July 30, 2026 @ 10:00 AM

At

Plainfield Park District 23729 West Ottawa Street

Plainfield Park District 1

TABLE OF CONTENTS

ADVERTISEMENT FOR BID

INVITATION TO BID

INSTRUCTIONS TO BIDDERS

GENERAL CONDITIONS

SUPPLEMENTARY CONDITIONS

SCHEDULE

APPLICATION AND CERTIFICATE FOR PAYMENT

CONTRACTOR’S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS

NOTICE OF AWARD (SAMPLE)

CERTIFIED PAYROLL SAMPLE

AFFIDAVIT OF EXPERIENCE

BID FORM

SUBCONTRACTORS AND SUPPLIERS LIST

CONTRACTOR COMPLIANCE AND CERTIFICATIONS ATTACHMENT

SUBSTANCE ABUSE PREVENTION PROGRAM CERTIFICATION

SECTION 01010 - SUMMARY OF WORK

SECTION 01500 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS

SECTION 01560-PROTECTION OF ENVIRONMENT

SECTION 02075- DEMOLITION AND REMOVALS

SECTION 02200- EARTHWORK

SECTION 02231-TREE AND PLANT PROTECTION

SECTION 02545 - COURT COLORCOATING AND LINE PAINTING

SECTION 02500-SITE CONCRETE

SECTION 02520 - ASPHALT PAVING

SECTION 02630 - SITE DRAINAGE

SECTION 02721 - AGGREGATE BASE COURSE

SECTION 02820 – BLACK VINYL CLAD CHAIN LINK FENCE

SECTION 02865 – SITE FURNISHINGS & AMENITIES

SECTION 02875 - SHELTER

SECTION 02900 - LANDSCAPE PLANTINGS

SECTION 02930 - SOD AND SEED TURF ESTABLISHMENT

Plainfield Park District 2

ADVERTISEMENT FOR BID

The Plainfield Park District is accepting bids for the following project: Park Development – Tamarack Settlement Phase 1.

Sealed proposals will be received until July 30, 2026 @ 10:00 AM by mail or delivered by hand to the Plainfield Park District Administration Office: 23729 W. Ottawa Street, Plainfield, IL 60544. Immediately thereafter, the bids will be publicly opened and read aloud at 23729 W. Ottawa Street, Plainfield, Illinois.

Each bid must be placed in an opaque sealed envelope and clearly marked Plainfield Park District Park Renovation: Tamarack Settlement Phase 1 Bid # 2070. Bids submitted after the closing time will be rejected and returned unopened. No responsibility shall be attached to any person for the premature opening of a bid not properly identified. No oral proposals or modifications will be considered. No faxed or e-mail bid or modification of a bid will be considered.

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 Will 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 bid proposals must be accompanied by a bid bond or bank cashier’s check payable to the Plainfield Park District for ten percent (10%) of the amount of the bid.

Potential Bidders may obtain bid information by emailing Bob Collins at the Plainfield Park District at collins@plfdparks.org beginning July 16, 2026, at NOON. All correspondence must be in writing through this email. Project manuals are available at no charge through our website at www.plfdparks.org or via email upon request at: collins@plfdparks.org.

The Plainfield Park District reserves the right to waive all technicalities, to accept or reject any or all bids, and/or to accept only portions of a bid and reject the remainder without disclosure for any reason. Failure to make such a disclosure will not result in accrual of any right, claim or cause of action by any Bidder against the Plainfield Park District.

This project is being financed, in part, with funds from the Illinois Department of Natural Resources, "Open Space Lands Acquisition & Development” (OSLAD) grant program. As part of this program, Contactors must comply with the Illinois Works Jobs Program Act (30 ILCS 559/20-1 et seq.) or submit a waiver request.

The Contractor selected will also 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.

Plainfield Park District 3

INVITATION TO BID

Date: July 16, 2026

RE: Plainfield Park District Park Renovation: Tamarack Settlement Phase 1 Bid # 2070

Dear Bidder:

Sealed proposals will be received until July 30, 2026 @ 10:00 AM by mail or delivered by hand to the Plainfield Park District Administration Office: 23729 W. Ottawa Street, Plainfield, IL 60544. Immediately thereafter, the bids will be publicly opened and read aloud at 23729 W. Ottawa Street, Plainfield, Illinois.

Each bid must be placed in an opaque sealed envelope and clearly marked Plainfield Park District Park Renovation: Tamarack Settlement Phase 1 Bid # 2070. Bids submitted after the closing time will be rejected and returned unopened. No responsibility shall be attached to any person for the premature opening of a bid not properly identified. No oral proposals or modifications will be considered. No faxed or e-mail bid or modification of a bid will be considered.

Proposals shall be submitted on the Bid Form included in these Bid Documents. After bid opening, no Bidder may withdraw its proposal for a period of ninety (90) calendar days.

The Park District will award the Contract for this project to the lowest responsible Bidder. In considering a Bidder’s responsibility, the Park District will evaluate, among other factors, terms of delivery, quality, conformity with specification, serviceability and any other factors as determined by the Park District.

The Park District reserves the right to waive all technicalities, to accept or reject any or all bids, and/or to accept only portions of a bid and reject the remainder without disclosure for any reason. Failure to make such a disclosure will not result in accrual of any right, claim or cause of action by any Bidder against the Park District.

Bids shall not include federal excise tax or state sales tax for materials and equipment to be incorporated in, or fully consumed in the performance of, the work. An Exemption Certificate will be furnished by the Park District on 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 Will 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 bid proposals must be accompanied by a bid bond or bank cashier’s check payable to the Park District for ten percent (10%) of the amount of the bid. The successful Contractor shall also be required to submit Performance and Payment Bonds as required by these Bid Documents upon award of the Contract.

The Contractor selected will also 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.

This project is being financed, in part, with funds from the Illinois Department of Natural Resources, "Open Space Lands Acquisition & Development” (OSLAD) grant program. As part of this program, Contactors must comply with the Illinois Works Jobs Program Act (30 ILCS 559/20-1 et seq.), or submit a waiver request.

Plainfield Park District 4

INSTRUCTIONS TO BIDDERS

DATE: July 16, 2026

BID REQUEST: Plainfield Park District Park Renovation: Tamarack Settlement Phase 1 Bid #

Sealed bids for this project will be accepted until July 30, 2026 @ 10:00 AM and then publicly opened and read aloud immediately thereafter in the conference room at the Plainfield Park District Administration Office: 23729 W. Ottawa Street, Plainfield, IL 60544. Any bids received after 10:00 AM will be considered non-responsive and returned. All Bidders are welcome to attend the bid opening. After bid opening, bids will be submitted for approval to the Plainfield Park District Board of Commissioners at a regularly scheduled meeting.

This project is being financed, in part, with funds from the Illinois Department of Natural Resources, "Open Space Lands Acquisition & Development” (OSLAD) grant program.

As part of this program, Contactors must comply with the Illinois Works Jobs Program Act (30 ILCS 559/20-1 et seq.), or submit a waiver request.

Illinois Works Jobs Program Act (30 ILCS 559/20-1 et seq.):

For grants/contracts with an estimated total project cost of $500,000 or more, the grantee/contractor will be required to comply with the Illinois Works Apprenticeship Initiative (30 ILCS 559/20-20 to 20-25) and all applicable administrative rules. The “estimated total project cost” is a good faith approximation at the time an applicant submits to the Department an application of the costs of an entire project being paid for in whole or in part by appropriated capital funds to construct a public work. Operational costs are not included in the calculation of estimated total project costs (ILCS 559/20-10). The goal of the Illinois Apprenticeship Initiative is that apprentices will perform either 10% of the total labor hours actually worked in each prevailing wage classification or 10% of the estimated labor hours in each prevailing wage classification, whichever is less. Of this goal, at least half of those apprenticeship hours shall be performed by graduates of the Illinois Works Pre-Apprenticeship Program, the Illinois Climate Works Program, or the Highway Construction Careers Training Program. Grantees will be permitted to seek from the Department a waiver or reduction of this goal in certain circumstances pursuant to (30 ILCS 559/20- 20(b). The grantee must ensure compliance for the life of the entire project, including during the term of the grant and after the term ends, if applicable, and will be required to report on and certify its compliance.

Oral bids or oral modifications to bids will not be considered. No faxed or e-mail bid or modification of a bid will be considered. It is the sole responsibility of the Bidder to see that its bid is received in proper time. 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.

For purposes of these Instructions to Bidders: 1) the Plainfield Park District (or “Park District” or “District”) and Owner are one and the same; 2) 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 his/her legal representatives or authorized agents; and 3) the term “Work” shall mean all of the successful Contractor’s duties under the Contract Documents, including the construction and services required by the Contract Documents, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations.

1. Presentation of Bid Each bid shall be submitted on the enclosed Bid Form. All bids must be written or typed in blue or black ink and signed by the Bidder. All applicable blank spaces on the "Bid Form" shall be fully

Plainfield Park District 5 completed, including the List of Subcontractors and the Bidder’s Affidavit of Experience, and all amounts shall be in words as well as in figures where applicable. 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. 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. 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. 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 result in immediate rejection of that Bidder’s bid. The certification of the successful Bidder shall become a part of the Contract with the Park District.

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

2. Qualification of Bidders

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.

The following information must be attached to the bid proposal. Failure to do so may result in disqualification of the Bidder.

a. On a separate sheet, list all 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. On the Bidder’s Affidavit of Experience form provided herein, list at least five (5) projects your organization has completed in the past five (5) years, which are comparable in scope, giving the name of the project, contact, contact information and completion date.

c. On the List of Subcontractors form provided herein, provide a list of anticipated subcontractors, if any, including their firm names, addresses and telephone numbers. All subcontractors to be used shall be approved by the Owner. If the successful Bidder subcontracts any part of the Work for this project, the Bidder shall not under any circumstances be relieved of his liabilities and obligations; any subcontractor for this project will be recognized only in the capacity of an employee of the successful Bidder.

d. On a separate sheet, 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

Plainfield Park District 6 nature of the proceeding/action, the claimed basis for the proceeding/action and the current status or disposition of the proceeding/action.

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 result in 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.

3. Prices Bidders’ prices are to include:

1. The cost of materials, labor, and equipment either specified, or necessary, for the implementation of the Work. Subcontracted labor, equipment, or materials should be clearly identified.

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

3. The cost of transportation, insurances, bonds, warranties, permits and all other facilities, and the performance of all labor and services necessary for the proper completion of the Work except as may be otherwise expressly provided in the Contract Documents.

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. An exemption certificate will be furnished by the Park District upon request of the Bidder.

4. Examination of Site Each Bidder shall visit the site(s) of the proposed Work and fully acquaint itself with conditions, as they exist, 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.

The failure or omission of any Bidder to obtain, receive or examine any form, instrument, or information or to visit the project site(s), and become knowledgeable with respect to conditions there existing, or to seek needed clarification shall in no way relieve any Bidder from any obligations with respect to its bid. By submitting a bid, the Bidder agrees, represents and warrants that it has undertaken such investigation as he 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.

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

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5. Interpretations

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) business days prior to opening of bids to 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.

6. Explanation to Bidders/Addenda Any interpretation, correction to, 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.

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.

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.

7. Substitutions During Bidding

Unless otherwise indicated, the use of 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 to or superior to in every respect the product or material required by the Specifications must request approval in writing to the Park District at least five (5) business days prior to the bid opening and mark the item as ‘or approved equal’.

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.

The Park District may request additional information or documentation necessary for evaluation of the request for substitution. The Park District will notify all Bidders of acceptance of the proposed substitute by means of an Addendum to the Bid Documents. Park District’s 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.

Bids proposing alternates not previously approved by the Park District will be considered non-

Plainfield Park District 8 responsive and rejected. The Park District reserves the right to determine whether a substituted selection, in its judgment, is equal to or better quality and therefore an acceptable alternate.

Such decisions are final and not subject to recourse.

8. Modification of Bids

Any Bidder may modify its bid by written notice (signed by the Bidder) at any time prior to the scheduled closing time for receipt of bids, provided that such written notice is received by the District prior to the closing time. Modifications of bid submittals sent by e-mail or facsimile will not be permitted.

9. Withdrawal of Bids No bid may be withdrawn after the public opening. All bids must be valid for a minimum of one hundred and ninety (90) days after the bid opening.

10. Acceptance or Rejection of Bids The Park District may accept the bid of, and award the Contract for the Work to, the lowest responsible Bidder as determined by and in the sole discretion of the Park District.

The Owner reserves the right to (1) reject all bids; (2) reject only certain bids which 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.

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 Plainfield 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.

11. Surety

All bids must be accompanied by a bid bond or bank cashier’s check payable to the Plainfield 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.

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 Plainfield 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 an acceptable Performance Bond, Labor and Materials/Payment Bond and a certificate of insurance naming the Plainfield Park District as the certificate holder and as additional insured from successful Bidder, and the successful Bidder has executed and returned to the Park District the Contract for the Work presented by the Park District.

Prior to beginning Work, the successful Bidder shall furnish a Performance Bond, and Labor and Materials/Payment Bond in the amount of 110% of the Contract Sum, using a form similar to the AIA-A312-2010 form, or its current equivalent, or one acceptable to Owner, cosigned by a surety

Plainfield Park District 9 company licensed to conduct business in the State of Illinois and with at least an “A” rating and a financial rating of at least “X” in the latest edition of the Best Insurance Guide. Said bond shall guarantee the faithful performance of the Work in accordance with the Contract, the payment of all indebtedness incurred for labor and materials, and guarantee correction of Work. The cost of each bond shall be included in the Contract Sum. The Bidder and all Subcontractors shall name the Park District as an obligee on all bonds. Said bonds shall meet the requirements of the Illinois Public Construction Bond Act, 30 ILCS 550/0.01 et seq. and any further amendments thereto.

Bidder shall include in its Performance Bond and Labor and Material Payment Bond such language as shall guarantee the faithful performance of the Prevailing Wage Act as required in these Bid Documents.

The Performance Bond and Labor and Material Payment Bond will become a part of the Contract.

The failure of the successful Bidder to enter into the Contract and supply the required bonds and evidence of insurance within ten (10) days after the Contract is presented for signature, or within such extended period as the Park District may grant, shall constitute a default, and the Park District may either award the Contract to the next responsible Bidder, or re-advertise for bids. In the event of a default, the Owner need not return the defaulting Bidder’s bid surety and may charge against the defaulting Bidder for the full difference between the amount for 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 defaulting Bidder’s bid surety, provided that the District’s retention of the bid guarantee shall not preclude the District from holding the Bidder fully liable for any and all damages which are in excess of said partial liquidated damages, and which shall otherwise be incurred by the District, including reasonable attorneys’ fees, arising from the Bidder’s failure to enter into said Contract and to deliver the same back to the District within said ten (10) day period.

12. Award of Contract Owner will award of Contract to the lowest responsible Bidder, as determined by Owner.

Although price is a major consideration in the award of bids, the Park District does not award on price alone and will also consider the Bidder’s responsibility. 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 Specifications, terms of delivery, quality, serviceability, and the financial capability of the Bidder, and the performance of the Bidder on other projects.

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. Bids will be awarded to one Bidder for the entire project. If specified in the Bid Form, awards will be based upon the submitted unit prices.

The Park District reserves the right to: determine whether a substituted selection, in its judgment, is an acceptable alternate; increase or decrease the quantities shown on the bid; to reject any and all prices or bids submitted without disclosure of reason; waive any irregularity, formality or technicality in any proposal; and accept that bid which is considered in the best interests of the Park District. Such decisions are final and not subject to recourse.

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, he will be considered as having abandoned the Contract, and as being in default to the

Plainfield Park District 10

Owner. The Owner may thereupon re-advertise or otherwise award said Contract and forfeit the Bid Security.

The Advertisement for Bids, Invitation to Bid, Instructions to Bidders, General Conditions, Special Conditions, if any, Drawings, Specifications, Contractor Bid Form, Addenda, if any, and the Contractors Compliance and Certifications Attachment/Substance Abuse Prevention Program Certification, and Prevailing Wage Notice comprise the Bid Documents. The Bid Documents, together with the Agreement Between Owner and Contractor, substantially in the same form included in these Bid Documents, and proof of insurance comprise the Contract Documents.

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GENERAL CONDITIONS

The General Conditions are included in the Agreement Between Owner and Contractor, substantially in the same form included in these Bid Documents (the “General Conditions”).

AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR _____

This Agreement between and Owner and Contractor for ______(the “Agreement”) is made as of the __day of _________, 2023 by and between the Plainfield Park District, an Illinois unit of local government, with its principal place of business at 23729 West Ottawa Street, Plainfield, Illinois 60544 (the “Park District” or the “Owner”), and___________, an _____________ with its principal place of business at_________, _________, Illinois,___________ (“Contractor”). The Park District and Contractor may hereinafter be referred to together as the “Parties” or individually as a “Party”.

WITNESSETH

That the Park District and Contractor, for the consideration hereinafter named, agree as follows:

1. Contract Documents. The Contract Documents consist of this Agreement between the Park District and the Contractor, the Bid Documents for Plainfield Park District ___________Project, dated________, 2023, attached to this Agreement by reference (the “Bid Documents”), Contractor’s Proposal, attached to and incorporated as part of this Agreement as Exhibit A, Contractor’s Certifications, attached to and incorporated as part of this Agreement as Exhibit B, Contractor’s Performance Bond and Payment Bond, attached to and incorporated as part of this Agreement as Exhibit C, and any modifications issued after the execution of this Agreement. All of the terms, conditions and specifications contained in the Bid Documents are incorporated herein. In the event of conflict between the Contract Documents, this Agreement shall control.

2. Scope of Work. The Contractor shall provide all labor, equipment and materials required to complete the following work: _______________, and all other improvements as indicated in the Contract Documents (the “Work”).

3. Examination of Contract Documents and Site. By its execution of this Agreement, Contractor acknowledges, agrees, represents, and warrants that Contractor has carefully and thoroughly examined the Contract Documents, and the Contract Documents are full and complete, include all items necessary for the proper execution and completion of the Work, are sufficient to have enabled the Contractor to determine the cost of the Work and the time required for performance of the Work and to enable Contractor to construct the Work indicated therein in accordance with laws, ordinances, codes, regulations and rules applicable to the Work, and otherwise to fulfill all its obligations thereunder, including, but not limited to, Contractor's obligation to construct the Work for an amount not in excess of the Contract Sum on or before the date(s) of Final Completion. The failure or omission of Contractor to obtain, receive or examine the Contract Documents and become knowledgeable with respect to conditions of the Work, or to seek needed clarification from the Park District shall in no way be cause to alter this Agreement or the Contract Sum.

By its execution of this Agreement, Contractor represents and warrants that Contractor has visited the

Plainfield Park District 12 site, become familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. Before commencing activities, the Contractor shall: a) verify measurements; b) carefully compare this and other information known to the Contractor with the Contract Documents; and c) promptly report errors, inconsistencies, or omissions discovered to the Park District.

4. Commencement and Completion Dates. Contractor shall commence the Work on or about______, 2023 or such other date as mutually agreed to by the Parties. Contractor shall achieve Substantial Completion of the Work on or before_____ and shall achieve Final Completion of the Work on or before _____. Substantial Completion means the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. Final Completion means the date the Work has been fully performed, all Work has been completed in accordance with the Contract Documents, including correction of any defective Work, and the Park District has inspected and accepted the completed Work and approved final payment to the Contractor.

The Contractor shall carry the Work forward regularly, diligently, uninterruptedly and expeditiously and in a good workmanlike and professional manner at such a rate of progress and with an adequate work force as will ensure the completion of the Work in accordance with the Contract Documents by the Final Completion date. It is expressly understood and agreed by and between Contractor and Park District that the time for completion of the Work is a reasonable time, taking into consideration the average climatic range, usual industrial conditions, and all other conditions and actors prevailing in this locality.

5. Performance of Work.

a. Contractor shall perform all Work in a good and workmanlike manner. Contractor shall maintain sufficient staff and crews to perform all Work in an expeditious manner consistent with the interests of the Park District. Contractor shall promptly notify the Park District immediately in writing: (i) of any information required from the Park District and necessary for Contractor to complete its Work in a timely manner; and (ii) of any Work requested by the Park District or required for the project that is not included in the scope of Work reflected in the Contract Documents. Contractor shall be solely responsible for means and methods selected in performing the Work. Contractor shall supervise all Work so that it is performed in a safe and expeditious manner. Contractor shall be solely responsible for the Work of its employees and its subcontractors’ and suppliers’ employees. Contractor shall keep all documents and information related to the project confidential and, except as required by law, shall not disclose such documents or information to any person or other party except the employees of Contractor and its subcontractors who need such documents or information to perform the Work and complete the project.

b. 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 Park District and shall not unreasonably encumber the project site with such materials. The project site shall not be utilized for the storage of vehicles, materials, equipment, or fixtures not intended for the Work to be performed.

c. 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

Plainfield Park District 13 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, or other equipment 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.

d. If Contractor uncovers or discovers any concealed condition differing materially from conditions depicted in the Contract Documents or differing from conditions reasonably anticipated or inherent in the Work, Contractor shall immediately stop the Work and notify the Park District of the condition in writing. The Park District shall then issue directions. The contract time and Contract Sum shall be equitably adjusted if necessitated by such directions of the Park District.

6. Contract Sum. The Park District agrees to pay Contractor for the proper and timely performance of the Work in strict accordance with the Contract Documents the following amount: _____________00/100 Dollars ($_______.00) (the “Contract Sum”).

7. Payment. Payment shall be made by the Park District to the Contractor upon the Park District’s receipt of an invoice itemizing the Work properly performed as determined by the Park District, and delivery of lien waivers and sworn statements, for the period covered by the invoice. The Contract Sum shall be paid in accordance with the Local Government Prompt Payment Act, 50 ILCS 505/1 et seq.

Final payment shall not become due until Contractor has fully performed the Work in accordance with the Contract Documents, including but not limited to correction of any defective Work, and delivery of all required documentation in accordance with Section 8 below. Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of the application for final payment. Final payment by the Park District shall not relieve Contractor of the responsibility for the correction of any and all defects in the Work performed. Contractor shall correct all defects as notified for the applicable warranty period after final payment.

8. Waiver of Liens. Contractor for itself and for all its sub-suppliers and subcontractors, agrees that no mechanic’s lien or other claim shall be filed or maintained by Contractor or by any sub-supplier, subcontractor, laborer or any other person, whatsoever, against the Park District’s funds for or on account of any Work furnished under this Agreement. If at any time a mechanic’s lien or other claim shall be filed, then Contractor shall promptly discharge, remove or otherwise dispose of such lien and, in the event Contractor fails to do, the Park District shall have the right to retain, out of any payment due or thereafter to become due to Contractor, an amount sufficient to completely indemnify the Park District against such lien or claim, including any reasonable attorneys’ fees that have been or may be incurred by the Park District.

Prior to the payment of the Work, Contractor shall provide: a) for any payment other than final payment for the Work, a partial waiver of lien from Contractor and each sub-supplier and subcontractor reflecting any partial payouts, and for final payment, a final waiver of lien from Contractor and each sub-supplier and sub-contractor for the full amount of each subcontract for the Work, showing all materials and labor have been paid in full; and b) sworn affidavit, in triplicate, containing such information and in such form to comply with the Illinois Mechanics Lien Act (770 ILCS 60/23 ), showing in detail the sources of all labor

Plainfield Park District 14 and materials used in the Work, including the names and addresses of sub-suppliers and subcontractors and showing amounts paid for each.

Final payment shall not become due until the Contractor has fully performed the Work, including but not limited to delivery of all manufacturer’s and supplier’s warranties, and has delivered to the Park District a complete release of all liens arising out of this Agreement or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Park District to indemnify the Park District against such lien. If a lien remains unsatisfied after payments are made, the Contractor shall refund to the Park District all money that the Park District may be compelled to pay in discharging such lien, including costs and reasonable attorneys’ fees.

9. Changes in the Work.

a. By appropriate modification, changes in the Work may be accomplished after execution of the Agreement. The Park District may order changes in the Work within the general scope of the Agreement consisting of additions, deletions, or other revisions, with the Contract Sum and contract time being adjusted accordingly. Such changes in the Work shall be authorized by written change order signed by the Park District and Contractor (“Change Order”). Upon issuance of the Change Order, the Contractor shall proceed promptly with such changes in the Work, unless otherwise provided in the Change Order. Contractor shall be solely responsible for the cost of additional work and materials under any change order resulting from Contractor’s negligent act or omission or failure to perform the Work in accordance with the Contract Documents.

b. No change in the Work, whether by way of alteration or addition to the Work, shall be the basis of an addition to the Contract Sum or change in the contract time unless and until such alteration or addition has been authorized by a Change Order executed and issued in accordance with and in strict compliance with the requirements of the Contract Documents and applicable law. Accordingly, no course of conduct or dealing between the Parties, nor any express or implied acceptance of alterations or additions to the Work and no claim that the Park District has been unjustly enriched shall be the basis of any claim to an increase in the Contract Sum or change in the contract time.

c. Adjustments to the Contract Sum for changes in the Work other than changes in the Work involving items for which unit prices were requested by Park District and provided in Contractor’s Proposal, shall be made by either written lump sum or by time and material changes, as approved by the Park District, and as follows:

i. The combined allowance for overhead and profit for any changes in the Work shall be the following percentages: (a) five percent (5%) of the cost of the change in the Work involved if performed by the Contractor not involving subcontractors, or (b) five percent (5%) of the cost of the change in the Work involved performed by subcontractors, plus two percent (2%) of the cost of the change in the Work for the Contractor’s supervision of the work performed by the subcontractors. When both additions and credits covering related Work are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change.

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d. Overtime, if and when specifically authorized in advance in writing by the Park District shall be paid by the Park District on the basis of premium payment if any, plus the cost of insurance and taxes based on the premium payment period. No overhead or profit may be charged for overtime. The Contractor shall not be entitled to any payment for overtime necessitated by the failure of the Contractor to perform the Work in accordance with the Contract Documents including without limitation to the Contractor’s failure to prosecute the Work diligently and on an uninterrupted basis and with a sufficient work force so as to achieve completion of the Work within the time and in the manner contemplated by the Contract Documents or otherwise due to the fault of the Contractor. In such instances if the Park District requires the Contractor to perform Work on an overtime basis, all costs for and associates with such overtime shall be borne by the Contractor.

10. Progress Meetings and Coordination. On a weekly basis until Final Completion, or as otherwise agreed by the Parties, the Park District and Contractor shall participate in weekly progress meetings as applicable and necessary. The Contractor shall require its subcontractors and suppliers to be present at such meetings as appropriate based on the status of ongoing and scheduled Work. The Contractor shall report on the status of the Work, and the Parties shall discuss and attempt to resolve all requests for information, submittals, Change Order requests, and all other open items then pending.

11. Owner’s Right to Correct the Work. If Contractor defaults or neglects to carry out the Work in accordance with this Agreement and fails within a seven (7) day period after receipt of written notice from the Park District to commence and continue correction of such default or neglect with diligence and promptness, the Park District may, without prejudice to other remedies the Park District may have, correct such deficiencies. In such case, the Park District shall deduct from payments then or thereafter due Contractor the cost of correcting such deficiencies, including compensation to the Park District for any and all expenses related thereto. If payments then or thereafter due Contractor are not sufficient to cover such amounts, Contractor shall pay the difference to the Park District.

The rights and remedies of the Park District stated in this Agreement shall be in addition to and not in limitation of, any other rights of the Park District granted at law or in equity.

12. Delays. In the event the Work is delayed due to a cause beyond the reasonable control of Contractor, including strikes, labor disputes, lockouts, fire, shortages of labor or material, inclemency of weather, accidents, casualties, pandemic outbreaks, or government orders, Contractor…