town of normal 20260625_Normal-EM-Power_IFB_Project-Manual.pdf
PDF 3 MB Posted
- Attached to
- Uptown Station Emergency Circuit Conversion
- Solicitation number
- 24006607.02
- Issued by
- Mclean County, Niles Village, Illinois
About this file
This is a project manual and invitation for bids (IFB) issued by the Town of Normal, Illinois for electrical work on the Uptown Station Emergency Circuit Conversion project. The project involves modifications to the existing electrical system to transfer designated receptacle and office power circuits from the normal power system to the building emergency power system within existing office areas on the second and third floors. Work includes field verification of existing conditions, panelboard and branch circuit modifications, new conductors and raceways, reidentification of devices and panels, testing of revised circuits, and all associated electrical work required for complete installation. A mandatory pre-bid conference is scheduled for July 2, 2026 at 10:00 am at the project site, with sealed bids due July 9, 2026 at 2:00 pm at Normal City Hall. Questions must be submitted to the Architect of record by 3:00 pm on July 3, 2026. The project is governed by a single electrical contract, and work must be performed during regular business hours with utility outages and shutdowns coordinated at least 72 hours in advance.
The contract requires a 5% bid deposit in the form of a cashier's check, certified check, or bid bond, with the awarded contractor required to submit signed contracts, certificates of insurance, payment and performance bonds, and all required documentation within 14 days of the award notice. Prevailing wage requirements apply under the Illinois Prevailing Wage Act (820 ILCS 130/), with monthly certified payroll submissions required to the Town's Director of Finance. All contractors and subcontractors must participate in apprenticeship and training programs approved and registered with the United States Department of Labor's Bureau of Apprenticeship and Training. The contract includes a Project Labor Agreement binding the contractor, subcontractors, and the Livingston and McLean County Building Trades. Insurance requirements include general liability with combined single limits of at least $1,000,000 per occurrence, professional liability of at least $1,000,000 per claim, workers' compensation as required by Illinois law, and automobile liability of at least $1,000,000 per occurrence. The Town reserves the right to reject any or all bids and waive any formalities in the bidding procedures.
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Text version
PROJECT MANUAL
Uptown Station
Emergency Circuit Conversion IMEG Project No: 24006607.02
Normal, Illinois
PREPARED FOR:
Town of Normal, Illinois
June 25, 2026
IMEG #24006607.02 00 01 00 - 1
Town of Normal
Uptown Station Emergency Circuit Conversion
SECTION 00 01 00 - TABLE OF CONTENTS
TOWN OF NORMAL REQUIREMENTS
SECTION 01 - BID DOCUMENT CHECKLIST
SECTION 02 - BID CALL
SECTION 03 - GENERAL CONDITIONS
EXHIBIT A--COMBINED PAYMENT AND PERFORMANCE BOND
EXHIBIT B--PARTIAL LIEN WAIVER--SUBCONTRACTOR/SUPPLIER
EXHIBIT C--FINAL LIEN WAIVER--SUBCONTRACTOR/SUPPLIER
EXHIBIT D--PARTIAL LIEN WAIVER--GENERAL CONTRACTOR
EXHIBIT E--FINAL LIEN WAIVER--GENERAL CONTRACTOR
EXHIBIT F--CHANGE ORDER FORM
EXHIBIT G--CERTIFICATE OF SUBSTANTIAL COMPLETION
EXHIBIT H--CERTIFICATE OF FINAL ACCEPTANCE
SECTION 4 - SPECIFIC CONDITIONS
SECTION 5 - BID FORM
SECTION 6 - REFERENCES
SECTION 7 - DISCLOSURE AFFIDAVIT
SECTION 8 - VENDOR CERTIFICATION
SECTION 9 - PREVAILING WAGE NOTICE
SECTION 10 - RESPONSIBLE BIDDER--APPRENTICESHIP PROGRAM CERTIFICATION
SECTION 11 - SUBSTANCE ABUSE PREVENTION PROGRAM CERTIFICATE
EXHIBIT A - PROJECT LABOR AGREEMENT
DIVISION 01 - GENERAL REQUIREMENTS
SECTION 01 11 00 - SUMMARY OF WORK
SECTION 01 31 19 - PROJECT MEETINGS
SECTION 01 50 00 - CONSTRUCTION FACILITIES & TEMPORARY CONTROLS
SECTION 01 77 00 - CONTRACT CLOSEOUT
DIVISION 26 - ELECTRICAL REQUIREMENTS
SECTION 26 05 00 - BASIC ELECTRICAL REQUIREMENTS
SECTION 26 05 05 - ELECTRICAL DEMOLITION FOR REMODELING
SECTION 26 05 13 - WIRE AND CABLE
SECTION 26 05 26 - GROUNDING AND BONDING
SECTION 26 05 33 - CONDUIT AND BOXES
SECTION 26 05 53 - ELECTRICAL IDENTIFICATION
END OF SECTION 00 01 00
Bid Document Checklist Page 1 of 1
RETURN WITH BID
Bid Document Checklist
In addition to this checklist, all of the following documents must be completed and returned with your bid on this project:
General Conditions Specific Conditions Bid Form References Disclosure Affidavit Vendor Certification Prevailing Wage Notice Responsible Bidder Certification Substance Abuse Prevention Program Certification Bid Deposit EXHIBIT A – Project Labor Agreement
TOWN OF NORMAL
11 Uptown Circle
Normal, Illinois 61761
Project Bid Form
BID CALL:
The Town of Normal will receive sealed proposals for the following:
Bids must be submitted to the Town Clerk in a sealed envelope clearly marked "Uptown Station Emergency Circuit
Conversion" with the time and date of the opening, which will be July 9, 2026 at 2:00 pm prevailing time, at the Normal
City Hall. Any questions regarding this bid will be addressed at a mandatory pre-bid conference to be held on July 2, 2026 at 10:00 am at the project site. Town employees are otherwise prohibited from answering questions prior to the bid opening. All questions after the pre-bid shall be addressed to the Architect of record and must be received no later than
3:00 pm prevailing time on July 3, 2026.
State statutes and local ordinance require the payment of prevailing wage by all contractors and subcontractors on this job. Bid Forms and Specifications may be obtained from the Town Clerk, 11 Uptown Circle Avenue, Normal, Illinois 61761 or downloaded from the Town’s website, www.normalil.gov. The Town of Normal reserves the right to reject any or all bids received and to waive any formalities in the bidding procedures. The bid award will be made by the Town Council and their decision will be final.
Angela Hounker
Town Clerk
Publication Date: June 25, 2026____________
General Conditions
Project Title: Uptown Station Emergency Circuit Conversion
CONTRACT AMOUNT: $
BY:_____________________________
Mayor
ATTEST: ________________________
Town Clerk
COUNCIL BILL #:______________
DATE APPROVED BY
COUNCIL: ______________
VENDOR
BY:___________________________________
Printed Name:
Print Title:
Article 1. Definitions and Interpretation
1.1. Definitions. As used in this contract:
“Corporation Counsel” means the Corporation Counsel of the Town of Normal.
“Punch List” means, collectively, unfinished items of the con-struction of the Project that are minor or insubstantial details of construction, mechanical adjustment, or decoration remaining to be performed, the non-completion of which would not ma-terially affect the use of the Project, and that are capable of be-ing completed within 30 days of Substantial Completion, subject to the availability of special order parts and materials.
“Subcontractor” means the person, firm or corporation, other than a Vendor, supplying labor and equipment or labor for work at the site of the project.
“Substantial Completion” means the stage in the progress of the Work when the Project or designated portion thereof is suf-ficiently complete in accordance with the Contract Documents so that the Town of Normal can occupy or use the Work for its intended use.
“Substantial Completion Date” means the Substantial Comple-tion Date as set forth on the Certificate of Substantial Comple-tion.
“Work” means all labor, materials, equipment, and services re-quired to be performed by the Vendor under the Contract Doc-uments, including submission of all documents to be submitted by the Vendor.
1.2. Contract Documents.
1.2.1. The Contract Documents include this General Conditions and all of the following:
(1) the Bid Call;
(2) General Instructions to Bidders
(3) Specific Conditions
(4) Plans and Specifications;
(5) Completed Disclosure Affidavit;
(6) Completed Vendor Certification form;
(7) Completed Bid Form;
(8) Insurance forms under § 4.1;
(9) Performance/Payment Bond under § 4.3;
(10) Vendor’s bid, proposal, scope of work, or quote to the extent not inconsistent with all other Contract Documents.
(11) Any addenda.
(12) Validly executed Change Orders.
1.2.2. The Contract Documents are complementary, and what
is called for by any one of the documents is as binding as if called for by all of the documents. In case of a conflict, the more spe-cific controls over the more general.
1.2.3. The intent of the Contract Documents is to include, in the Contract Price, the cost of all labor and materials, equipment, utilities for which a separate service is required, transportation, and all other expenses as may be necessary for the complete performance of the Contract.
1.3. Silence of specifications. The apparent silence of specifica-tions or Contract Documents as to any detail or apparent omis-sion from it as to a detailed description concerning any point is interpreted as meaning that only the best commercial material or practice shall prevail and that only items of the best materials or workmanship are to be used.
Article 2. Performance of Work
2.1 Time of performance.
2.2.1. The Vendor shall complete the work on or before the time indicated in the Contract Documents. All work must be prose-cuted in an orderly and diligent manner. The Vendor agrees to cooperate with and conform to the requests of the Town to ex-pedite particular portions of the work if the Town deems the alteration of the Vendor’s’ operation to be advisable. Time is of the essence of this Contract.
2.1.2. If the Vendor is delayed in the completion of the work by any act or neglect of the Town or by any other Vendor employed by the Town, or by strikes, fire, lockouts, unavoidable casualties, or any cause beyond the Vendor’s control, then the time of completion will be extended for a reasonable time, as deter-mined by the Town. The Vendor must, within 2 calendar days from the beginning of any such delay, notify the Town in writing of the cause of delay. If notice is not provided, the Vendor hereby waives any claim for such a delay. Weather conditions are not a justifiable cause for delay.
2.2. Workmanship. All Work must be performed and accom-
plished in a workmanlike manner to the satisfaction of the Town and in accordance with the best practice standards and stand-ard specifications recognized in the field, unless specifically pro-vided for otherwise in the Contract Documents or approved by the Town in writing.
2.3. Quality of materials and workmanship.
2.3.1. Unless otherwise specifically called for in the Contract Documents, all materials and articles incorporated in the work covered by this Contract must be new, of the best grade, and consistent with the specifications. Upon request by the Town, the Vendor shall furnish, to the Town for approval, full infor-mation concerning the materials or articles to be incorporated in the work, including reasonable test results.
2.3.2. The Vendor warrants that it has lien-free title to all equip-ment, supplies, or materials supplied under the terms of this Contract.
2.3.3. The Vendor shall defend and hold the Town, its officers, agents and employees, harmless from liability of any nature or kind on account of use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article, or appliance furnished or used under this Contract.
2.4. Warranty for materials and workmanship.
2.4.1. The Vendor warrants that the equipment, materials, arti-cles, and workmanship used in the Work or performed shall be free from defects, suitable for the particular purpose intended, and merchantable.
2.4.2. The Vendor agrees, at its own cost, to correct defective work and replace defective materials that are discovered within one year from the date that the defect should have been rea-sonably discovered. Any warranty work and materials supplied under this § 2.4 shall be guaranteed for a period of one year from the Substantial Completion Date, as set forth on the Cer-tificate of Substantial Completion.
2.4.3. Nothing in this § 2.4 prohibits the Town from invoking or pursuing any other remedy available in law or equity.
2.5. Compliance with law, notices, and permits.
2.5.1. The Vendor shall comply with all applicable Federal, State, and local laws, rules and regulations. If the Vendor fails to ob-serve any applicable law, rule or regulation, then the Vendor agrees to correct the legal violation without cost to the Town, even if the violation is discovered after the date of the final in-spection or payment.
2.5.2. The Vendor is responsible for obtaining any necessary
permit and providing any and all notices required for perfor-mance of the Work.
2.6. Compliance with the Prevailing Wage Act.
2.6.1. Vendor agrees to comply with the Prevailing Wage Act of the State of Illinois (820 ILCS 130/) and with the Town’s Prevail-ing Wage Ordinance. The listing of the current prevailing wage rates available from the Illinois Department of Labor’s website (www.state.il.us/agency/idol).
2.6.2. Monthly submission of certified payrolls. This require-ment applies to all contractors and subcontractors working on the Project. Certified payrolls must be submitted to Andrew Huhn, Director of Finance, 11 Uptown Circle, Normal, Illinois 61761 by U.S. Mail, overnight courier, or email at ahuhn@nor-mal.org. Certified payroll receipts must also be furnished with any payment request for the period for which payment is re-quested.
2.6.3. The Town reserves the right to interview contractors’ or subcontractors’ employees on the job to ascertain compliance with this requirement.
2.7. Cleaning Up. The Vendor shall at all times keep the work-site free from accumulations of waste materials or rubbish caused by the Vendor’s employees or the Work. At the comple-tion of the Work the Vendor shall remove all its rubbish from the site and all its tools, equipment, and surplus materials and shall leave the work clean and ready for use. In case of dispute, the Town may remove the rubbish and surplus materials and charge the cost to the Vendor.
2.8. Waste disposal.
2.8.1. If any suspected hazardous materials, as defined by State or Federal law, are discovered on the work site, then the Vendor shall immediately cease work, except as necessary to protect the public’s health and safety, and immediately notify the Town of the suspected hazardous materials. The Town is responsible for the removal and disposal of hazardous material after it is re-ported to the Town. If the Vendor removes any hazardous ma-terial as part of the Contract work, the Vendor shall ensure its disposal in accordance with all applicable laws and provide the Town with appropriate documentation of its property disposal.
Vendor warrants it has no knowledge of any hazardous materi-als as of the date of this contract.
2.8.2. If the Vendor is required to dispose of solid waste as a result of the Work, then the Vendor must provide the Town with proof that the solid waste was legally disposed of prior to pay-ment for the Work.
2.9. Accident prevention.
2.9.1. The Vendor agrees to exercise all reasonable protection at all times for the protection of all persons and property and agrees to be responsible for all damages to persons or property, either on or off the site, that occur as a result of the Vendor’s fault or negligence in connection with the Work.
2.9.2. The Vendor agrees to observe all safety provisions of ap-plicable laws and to observe all applicable building and con-struction codes. The Vendor shall take any additional safety and health measures as the Town may determine to be reasonably necessary to protect the Town.
2.9.3. The termination of this Contract does not waive the Ven-dor’s responsibility under this § 2.9.
2.10. Subcontractors.
2.10.1. Nothing contained in the Contract Documents creates
any contractual relationship between any subcontractor and the Town.
2.10.2. The Vendor agrees to be fully responsible to the Town for the acts or omissions of its subcontractors and of anyone employed directly or indirectly by the Vendor or subcontractors.
This obligation is in addition to any liability imposed by law upon the Vendor.
2.11. Inspections, rejections, and correction.
2.11.1 The Town has the right to reject materials and workman-ship that are defective or require correction.
2.11.2. The Vendor, without charge to the Town, must correct
all rejected workmanship to the satisfaction of the Town, and must remove all rejected materials from the premises. If the Vendor does not correct rejected work or remove rejected ma-terials within a reasonable time, fixed by written notice, then the Town may remove or correct the work and charge the ex-penses to the Vendor.
2.12. Inspection after completion. If the Town deems it neces-sary or advisable, at any time before acceptance of the work, to examine work already completed by dissembling, removing, or tearing out same, the Vendor shall, on request, promptly fur-nish all necessary facilities, labor, and materials for that pur-pose, and the costs thereof shall be charged to the Vendor if the work was covered prior to inspection by the Town.
2.13. Public advertising. The Vendor is specifically denied the right of using, in any form or medium, the name of the Town of Normal for public advertising unless express permission is granted by the City Manager.
Article 3. Payment and Disputes.
3.1. Payment method.
3.1.1. The Vendor shall be compensated in the amount of
$_____________ with a total not-to-exceed amount of
3.1.2. The payment is due in the manner checked below:
___ (1) Single Payment. The Town will make payment after the Substantial Completion Date and upon the subsequent receipt by the Town of of (i) an itemized statement by the Vendor; (ii) lien waivers as required under §3.5; and (iii) certified payroll receipts under §2.6.2.
_ __ (2) Periodic Payment. Payment for the portion of series rendered are due to the Vendor upon the com-pletion of each phase and upon the tender to the Town of (i) an itemized statement by the Vendor; (ii) lien waivers as required under §3.5; and (iii) certified pay-roll receipts under §2.6.2.
3.1.3. The itemized statement under §3.1.2 must describe the
services rendered and must reference the date of the services, the person performing each service, and the fee for each time service is rendered and for each type of service rendered. The amount of the itemized statement may not exceed the total not-to-exceed amount set forth in §3.1.1, as modified by any validly executed change orders.
3.1.4. The Town shall render payment within 30 days after ap-proved by the Town Council, but, in the event of any dispute as to any invoice, the Town will pay the amount that is not in dis-pute and will undertake discussions and negotiations with the Vendor to resolve any discrepancy or dispute in any invoice and will, upon resolution of any discrepancy or dispute, pay the agreed-upon amount as soon as reasonably possible. The Ven-dor waives, to the extent allowed by law, the provisions of the Local Government Prompt Payment Act.
3.2. Town’s right of withholding.
3.2.1. In addition to the payments to be retained by the Town under the other provisions of this Contract, the Town may with-hold a sufficient amount of any payment otherwise due to the Vendor to cover the following:
(1) For claims arising in and from the performance of the work on the project under this Contract.
(2) For defective work not remedied.
(3) For failure of the Vendor to make proper payments to its subcontractors and suppliers.
3.2.2. The Town has the right to act as the Vendor’s agent in disbursing amounts that have been withheld under this § 3.2 to the party or parties who are entitled to payment from those amounts (including the Town). The Town will render to the Ven-dor a proper accounting of all such funds disbursed on behalf of the Vendor.
3.2.3. The Town will pay to the Vendor the amount of any re-
tainage upon the Town’s issuance of a Certificate of Final Ap-proval.
3.3. No Waiver by Inspection or Payment. Neither the inspec-
tion of or payment for any work or materials relieves the Vendor of the responsibility for negligence or faulty materials or work-manship to the extent and within the period provided by law or this Contract, whichever is longer, and upon written notice the Vendor shall remove any defects due therefrom and correct the same.
3.4. Restriction on additional payments.
3.4.1. This contract does not allow for extra payment on ac-
count of strikes, renegotiation of labor contracts, or other la-bor-related negotiations. The parties agree that these matters are foreseeable by the Vendor and are taken into account in the submission of its offer.
3.4.2. This Project is subject to the Public Works Contract
Change Order Act. Change Orders must be submitted on the form set forth in Exhibit F.
3.5. Lien waivers. Lien waivers are required for all payments made. All contractors and subcontractors are required to fur-nish in the form set forth under Exhibits B through E.
3.6. Disputes.
3.6.1. Any disputes concerning a question of fact arising under this Contract that are not disposed of by agreement between the Vendor and the Town Representative shall be decided by the City Manager. The decision of the City Manager or the City Manager’s duly authorized representative for the determina-tion of such decisions is final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence.
3.6.2. In connection with any proceeding under this clause, the Vendor shall be afforded an opportunity to be heard and to of-fer evidence in support of its position. Pending final decision of a dispute hereunder, the Vendor shall proceed diligently with the performance of the Contract and in accordance with the decision of the Town Representative or City Manager, which-ever was last issued.
Article 4. Insurance, Indemnification, and Bond
4.1. Insurance.
4.1.1. During the term of this contract, the Vendor agrees to maintain, for all periods under this contract, insurance in the type and minimum amounts as follows:
(1) General liability: Combined single limits of at least $1,000,000 per occurrence. General liability insurance must include:
(i) Products and completed operations coverage;
(ii) Contractor’s Protective coverage; and
(iii) Personal Injury Liability coverage.
(2) Professional liability: A professional liability errors and omissions policy with limits of at least $1,000,000 per claim.
If the policy is written on a claims-made basis, then the retro-active date of the policy must predate the date of this con-tract and the policy term must extend at least one year be-yond the completion date of this contract.
(3) Errors and omissions: If the Vendor provides services to the Town that are of a nature that professional liability insur-ance is not commercially available, then the Vendor must pro-vide evidence of errors and omissions insurance with limits of at least $1,000,000.
(4) Workers’ compensation: Workers’ compensation insur-ance as required by the laws and regulations of the State of Illinois.
(5) Automotive insurance: Combined single limits of at least $1,000,000 per occurrence.
(6) Umbrella policies: Umbrella liability policies may be used to satisfy the limits required under this §4.1.1.
4.1.2. All policies, except policies for professional liability, must be written on an occurrence basis. All policies must be written with insurance carriers who are qualified to do business in the State of Illinois and who are rated A-VII or better in the latest Best’s Key Rating Guide. All policies must be written on the most current Insurance Service Office (ISO) or National Council on Compensation Insurance (NCCI) form or a manuscript form if coverage is broader than the ISO or NCCI form.
4.1.3. The Town of Normal and its officers and employees must be named as an additional insured party on the general liability policy, automobile liability policy, and umbrella policy. The Town’s interest as an additional insured party must be on a pri-mary and non-contributory basis on all policies and be noted as such on the insurance certificates.
4.1.4. Prior to the execution of this contract, the Vendor must provide the Town with a copy of the professional liability policy for approval, and the Town may not unreasonably withhold ap-proval of the policy. In addition, the Vendor must provide the Town with certificates of insurance showing evidence that the insurance policies required under §4.1.1 are in full force and ef-fect and giving the Town at least 30 days’ notice prior to any change, cancellation, or non-renewal except in the case of can-cellation for non-payment of premium, in which case the notice must be made 10 days before the cancellation. Any renewal cer-tificate of insurance must be automatically provided to the Town at least 30 days prior to the policy expiration. If a self-in-sured retention or a deductible is maintained on any of the pol-icies, then the amount of the retention or deductible is subject to approval by the Town; the Town may not unreasonably with-hold the approval.
4.1.5. The Vendor certifies and affirms that there is no conflict in coverage as disclosed between any certificate of insurance submitted to the Town and the insurance policy.
4.1.6. Nothing in this § 4.1 may be construed as a limitation of liability for the Vendor.
4.2. Indemnification. Vendor agrees to indemnify and defend
the Town and its officers, employees, agents, and assigns from and against all liabilities, losses, damages, penalties, claims, ac-tions, suits costs, charges, subrogation, and expenses including reasonable legal and other professional fees and expenses and expert witnesses, that may be imposed upon or incurred by or asserted against the Town and that arise out of any or all of the work or services performed under this contract by Vendor, sub-contractors, vendors, agents, or employees. The indemnifica-tion under this Section does not apply to the extent any damage is caused by the willful misconduct of Town or its officers or agents.
4.3. Performance and Payment Bond. Vendor agrees to furnish
a performance and payment bond in the amount of $[contract price]. The company acting as surety for any bond issued must be licensed to do business in the State of Illinois. The bond must be in a form as set forth in Exhibit A or as otherwise acceptable to the Corporation Counsel of the Town of Normal. Vendor may not commence work until the bond is submitted to and ap-proved by the Corporation Counsel.
Article 5. Default and Termination
5.1. Default Events. Any or all of the following constitute a De-fault Event:
(1) the Vendor voluntarily petitions for bankruptcy or is ad-judged to be bankrupt;
(2) the Vendor makes a general assignment for the benefit of creditors;
(3) a receiver is appointed on account of the Vendor’s insol-vency; or
(4) the Vendor, or any of its subcontractors, violates a provi-sion of this Contract or the Town reasonably believes that such a violation is likely.
5.2. Termination upon Default Event.
5.2.1. Upon the occurrence of a Default Event, the Town may
terminate this Contract immediately by sending written notice to the Vendor.
5.2.2. Instead of the immediate termination under §5.2.1, the Town, in its sole discretion, may serve notice upon the Vendor of intention to terminate unless the default is cured within a certain time. The notice must set forth the remedial actions to be taken to cure the default and the time frame for the comple-tion of those actions. If, by the expiration of the time limit set forth in the notice, the default is not cured to the Town’s satis-faction, then this Contract terminates upon the expiration of that time limit with no further notice.
5.3. Project completion after termination. After termination, the Town may take over the work and prosecute it to comple-tion at the Vendor’s expense. The Vendor is liable to the Town for any excess cost occasioned by the Town’s completion of the work. In completing the work, the Town take possession of and use any materials and equipment (including those of the Ven-dor) that are on the site of the work and necessary therefore.
5.4. Costs upon termination. The Vendor is responsible for all costs incurred by the Town to enforce any provision of this Con-tract or to remedy any default or breach of this Contract by the Vendor or its subcontractors, including all court costs and rea-sonable attorneys’ fees.
5.5. Waivers.
5.5.1. The parties may waive any provision in this Contract only by a writing executed by the party against whom the waiver is sought to be enforced.
5.5.2. No failure or delay in exercising any right or remedy or in requiring the satisfaction of any condition under this Contract, operates as a waiver of any right, remedy, or condition.
5.5.3. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver, once given, is not to be construed as a waiver on any future occasion or against any other person.
5.6. Rights and remedies cumulative. The enumeration of rem-
edies expressly conferred upon a party by this Contract are cu-mulative with, and not exclusive of, any other remedy conferred by this Contract or by law on that party, and the exercise of any one remedy does not preclude the exercise of any other.
Article 6. General Provisions
6.1. Choice of law; jurisdiction.
6.1.1. This Contract is to be governed by and construed in ac-cordance with the laws of the State of Illinois. This Contract shall be construed without the aid of any rule of law requiring or per-mitting construction against the drafter of the contract.
6.1.2. Any litigation filed by the Vendor or the Town against the other party and involving this Contract must be filed in the Cir-cuit Court of McLean County, Illinois.
6.2. Notice.
All notices, demands, requests, consents, approvals or other in-struments required or permitted by this Contract must be in writing and must be executed by the party or an officer, agent or attorney of the party, and shall be deemed to have been ef-fective as of the date of actual delivery, if delivered personally or by overnight courier, or as of the third day from and including the date of posting, if mailed by registered or certified mail, re-turn receipt requested, with postage prepaid, addressed as fol-lows:
To the Vendor: With copies to:
Insert Vendor Info
To the Town: With copies to:
Town Clerk City Hall 11 Uptown Circle Normal, IL 61761
6.3. Authorized representatives.
6.3.1. The Vendor shall designate an authorized representative from time to time who, unless application requires action by the corporate authorities of the Vendor, has the power and author-ity to make or grant or do all requests, demands, approvals, con-sents, agreements, and other actions required or described in this Contract for an on behalf of the Vendor.
6.3.2. The Town shall designate an authorized representative
from time to time who shall communicate with the Vendor on behalf of the Town. That representative does not have the au-thority to make agreements on behalf of the Town.
6.3.3. The City Manager of the Town, or his or her designee, is authorized to execute any written request, demand, approval, waiver, notice, or other writing authorized under this Contract.
Any amendment to this Contract must be approved by the Town Council.
6.4. Time for performance. Time is of the essence in this Con-tract. If the time for performance of any obligation falls on a Saturday, Sunday, or legal holiday, then the deadline is extended until the next business day.
6.5. Amendments. This Contract may be amended only by a
written agreement of the Town and the Vendor that identifies itself as an amendment to this Contract.
6.6. Captions. Captions of the Articles and Sections of this Con-tract are for convenience or reference only, and the words con-tained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the pro-visions of this Contract.
6.7. Third parties. Nothing in this Contract is intended to confer any right or remedy on any person other than the Town and the Vendor, and their respective successors and permitted assigns, nor is anything in this Contract intended to affect or discharge any obligation or liability of any third persons to the Town or to the Vendor, nor to give any such third person any right of action or subrogation against the Town or the Vendor.
6.8. Severability. If any provision of this Contract is determined to be invalid, illegal, or unenforceable, then the remaining pro-visions remain in full force and effect if the essential terms and conditions of this Contract for each party remain valid, binding, and enforceable.
6.9. Merger. This Contract constitutes the final agreement be-tween the parties. It is the complete and exclusive expression of the parties’ agreement on the matters contained in this Con-tract. All prior and contemporaneous negotiations and agree-ments between the parties on the matters contained in this Contract are expressly merged into and superseded by this Con-tract. The provisions of this Contract may not be explained, sup-plemented, or qualified through evidence of prior trade usage or a prior course of dealing. In entering into this Contract, nei-ther party has relied upon any statement, representation, war-ranty, or agreement of the other party except for those ex-pressly contained in this Contract. There are no conditions prec-edent to the effectiveness of this Contract other than those ex-pressly stated in this Contract.
Exhibits:
The following exhibits are attached to and incorporated into these General Conditions:
Exhibit A—Combined Payment Performance Bond Exhibit B—Subcontractor Partial Lien Waiver Exhibit C—Subcontractor Final Lien Waiver Exhibit D—Contractor Partial Lien Waiver Exhibit E—Contractor Final Lien Waiver Exhibit F—Change Order Exhibit G—Certificate of Substantial Completion Exhibit H—Certificate of Final Approval
Exhibit A—Combined Bond Page 1
Combined Payment and Performance Bond
We , as Principal, and , as Surety, are held and firmly bound unto the Town of Normal ("Town") in the sum of Dollars ($ ) lawful money of the United States, well and truly to be paid unto the Town for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly to pay to the Town this sum under the conditions of this instrument.
WHEREAS, THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that the Principal has entered into a written contract with the Town for the construction of work on the contract to which this is attached, which contract is hereby referred to and made a part hereof, as if written herein at length, and whereby the Principal has promised and agreed to perform the work in accordance with the terms of the contract, and has promised to pay all sums of money due for any labor, materials, apparatus, fixtures or machinery furnished to the Principal for the purpose of performing the work and has further agreed to pay all direct and indirect damages to any person, firm, company, or corporation suffered or sustained on account of the performance of the work during the time thereof and until the work is completed and accepted and any warranty period applicable thereto completed; and has further agreed that this bond shall inure to the benefit of any person, firm, company, or corporation, to whom any money may be due from the Principal, subcontractor or otherwise, for any such labor, materials, apparatus, fixtures, or machinery so furnished and that suit may be maintained on this bond by any such person, firm, company, or corporation for the recovery of any such money.
NOW, THEREFORE, if the Principal (i) performs the work in accordance with the terms of the contract, (ii) pays all sums of money due or to become due for any labor, materials, apparatus, fixtures, or machinery furnished to the Principal for the purpose of constructing the work, (iii) commence and complete the work within the time prescribed in the contract,
(iv) pays and discharges all damages, direct and indirect, that may be suffered or sustained on account of the work during the time of the performance thereof and until the work shall have been accepted, and any warranty period applicable thereto completed, (v) holds the Town and its employees and agents as required in the contract on account of any such damages and (vi) in all respects, fully and faithfully complies with all the provisions, conditions, and requirements of the contract, then this obligation is void; otherwise this bond remain in full force and effect and, upon notice of the Principal's failure to perform, the Town may liquidate this bond to perform the work, and any person furnishing material or performing labor, either as an individual or as a subcontractor, has the right to sue on this bond in the name of the Town for its use and benefit.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or the Contract Documents accompanying the same or to the work to be performed thereunder shall, in any way, affect its obligations on this bond, and it hereby waives notice of any such change, Exhibit A—Combined Bond Page 2 extension of time, alteration, or addition to the terms of the contract or to the work or to the Contract Documents.
PROVIDED, FURTHER, that no final settlement between the Town and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
In addition, the Principal and Surety, jointly and severally, expressly guarantee that all services to be performed, all materials to be furnished, and all performance under the contract shall be fulfilled in accordance with all requirements of the contract and the Contract Documents. In addition, Principal and Surety, jointly and severally, expressly guarantee that in the event Town is required to enforce this bond in a court of law, the Town will be indemnified with respect to all court costs and reasonable attorneys' and witness that are related to the enforcement proceedings.
IN TESTIMONY WHEREOF, the Principal and the Surety have caused this instrument to be signed by their respective officers and their corporate seals to be hereunto affixed this day of , 20 .
PRINCIPAL: (Company Name)
(SEAL)
By: (Signature and Title)
SURETY: (Name)
(SEAL)
By: (Signature of Attorney-in-Fact)
Exhibit A—Combined Bond Page 3
STATE OF )
COUNTY OF )
I,_______________________________, a Notary Public in and for the County and State, do hereby certify that (Insert name of individuals signing on behalf of PRINCIPAL and SURETY) who are each personally known to me to be the same persons whose names are subscribed to the foregoing instrument on behalf of PRINCIPAL and SURETY, appeared before me this day in person and acknowledged respectively, that they signed, sealed, and delivered the instrument as their free and voluntary act for the uses and purposes therein set forth.
SUBSCRIBED and SWORN to before me this: ____ day of _______________, 20___.
Notary Public
(NOTE: If the contractor wishes to use a different payment or performance bond form, the Town of Normal Legal Department must approve the form.)
Exhibit B—Sub. Partial Waiver Page 1
Partial Lien Waiver—Subcontractor/Supplier
Owner: Town of Normal Contractor:
Project:
Project Address:
Subcontractor/Supplier:
1. Original Subcontract Amount: $________
2. Approved Change Orders: $________
3. Adjusted Subcontract Amount (Line 1 plus Line 2): $________
4. Work Completed to Date: $________
5. Less Retainage: ($________)
6. Total Payable to Date (Line 4 less Line 5): $________
7. Less Previous Payments: ($________)
8. Current Amount Due (Line 6 less Line 7): $________ Pending Change Orders: $________ Disputed Claims: $________
In consideration of all past payments received in connection with the Project, the undersigned acknowledges and agrees that the Subcontractor/Supplier has been paid all sums shown above as previously paid for labor or materials furnished by the Subcontractor/Supplier to or in connection with the Project.
The undersigned, on behalf of the Subcontractor/Supplier, hereby waives, releases, and relinquishes, to the ex-tent of all sums paid as shown above, any and all liens, claims, and demands whatsoever, which it now has or might or could have, on or against the Project, the Property, Contractor, and the Town of Normal on account of any labor or materials furnished by the undersigned to or in connection with the Project. This Waiver does not cover any retention or labor, services, or materials furnished after the date it is executed.
The undersigned individual represents and warrants that he or she is the duly authorized representative of the Subcontractor/Supplier, empowered and authorized to execute and deliver this document on behalf of the Sub-contractor/Supplier and that this document is binding upon the Subcontractor/Supplier.
Dated: ____________, 2026
RELEASOR:
By: _____________________________________________
Name and Title:___________________________________
State of _________________ County of ________________
Subscribed and sworn to before me on__________________, 2026.
(Signature of Notary Public) (Seal)
Exhibit C—Sub. Final Waiver Page 1
Final Lien Waiver—Subcontractor/Supplier
Project:
Subcontractor/Supplier:
3. Adjusted Subcontract Amount (Line 1 plus Line 2): $________
4. Previous Payments: $________
6. Total Final Payment (Line 3 less Line 4): $________
The undersigned, on behalf of the Subcontractor/Supplier, certifies that the Final Payment, as shown above, which includes all changes, credits withholdings, constitutes full compensation and closes out this contract.
The undersigned, on behalf of the Subcontractor/Supplier, hereby waives, releases, and relinquishes any and all liens, claims, and demands whatsoever, which it now has or might or could have, on or against the Project, the Property, Contractor, and the Town of Normal on account of any labor or materials furnished by the undersigned to or in connection with the Project.
The undersigned individual represents and warrants that he or she is the duly authorized representative of the Subcontractor/Supplier, empowered and authorized to execute and deliver this document on behalf of the Sub-contractor/Supplier and that this document is binding upon the Subcontractor/Supplier.
[Company Name]
By: _____________________________________________
Name and Title:___________________________________
State of _________________
Subscribed and sworn to before me on__________________, 2026.
Exhibit D—Gen. Con. Partial Waiver Page 2
Partial Lien Waiver—General Contractor
Project:
1. Original Contract Amount: $________
3. Adjusted Contract Amount (Line 1 plus Line 2): $________
4. Work Completed to Date: $________
5. Less Retainage: ($________)
6. Total Payable to Date (Line 4 less Line 5): $________
7. Less Previous Payments: ($________)
8. Current Amount Due (Line 6 less Line 7): $________ Pending Change Orders: $________ Disputed Claims: $________
1. In consideration of all past payments received in connection with the Project, the undersigned acknowl-edges and agrees that the Contractor has been paid all sums shown above as previously paid for labor or materials furnished by the Contractor to or in connection with the Project.
2. The undersigned, on behalf of the Contractor, hereby waives, releases, and relinquishes, to the extent of all sums paid as shown above, any and all liens, claims, and demands whatsoever, which it now has or might or could have, on or against the Project, the Property, and the Town of Normal on account of any labor or materials furnished by the undersigned to or in connection with the Project. This Waiver does not cover any retention or labor, services, or materials furnished after the date it is executed.
3. The following are the names of all parties who have furnished labor, services, or materials in connection with the Project and all parties who have subcontracts with the Contractor in connection with the Pro-ject and the amounts due or to become due:
Names (attach additional pages if necessary)
What For Contract Price
Amount Paid
This Payment
Balance Due
Total
The undersigned further certifies that there are no other outstanding contracts for the work and there is nothing due or to become due to any person for labor, services, or materials of any kind done or to be done upon or in connection with the Project.
4. The undersigned individual represents and warrants that he or she is the duly authorized representative of the Contractor, empowered and authorized to execute and deliver this document on behalf of the Contrac-tor and that this document is binding upon the Contractor.
Exhibit D—Gen. Con. Partial Waiver Page 3
[Company Name]
By: _____________________________________________
Name and Title:___________________________________
State of _________________
Subscribed and sworn to before me on__________________, 2026
Exhibit E—Gen. Con. Final Waiver Page 1
Final Lien Waiver—General Contractor
3. Adjusted Subcontract Amount (Line 1 plus Line 2): $________
4. Previous Payments: $________
6. Total Final Payment (Line 3 less Line 4): $________
1. The undersigned, on behalf of the Contractor, certifies that the Final Payment, as shown above, which includes all changes, credits withholdings, constitutes full compensation and closes out this contract.
2. The undersigned, on behalf of the Contractor, hereby waives, releases, and relinquishes any and all liens, claims, and demands whatsoever, which it now has or might or could have, on or against the Project, the Property, and the Town of Normal on account of any labor or materials furnished by the undersigned to or in connection with the Project.
3. The following are the names of all parties who have furnished labor, services, or materials in connection with the Project and all parties who have subcontracts with the Contractor in connection with the Pro-ject and the amounts due or to become due:
Names (attach additional pages if necessary)
What For Contract Price
Amount Paid
This Payment
Balance Due
Total
The undersigned further certifies that there are no other outstanding contracts for the work and there is nothing due or to become due to any person for labor, services, or materials of any kind done or to be done upon or in connection with the Project
4. The undersigned individual represents and warrants that he or she is the duly authorized representa-tive of the Contractor, empowered and authorized to execute and deliver this document on behalf of the Contractor and that this document is binding upon the Contractor.
Exhibit E—Gen. Con. Final Waiver Page 2
[Company Name]
By: _____________________________________________
Name and Title:___________________________________
State of _________________
Exhibit F—Change Order Page 1
CHANGE ORDER #
Project Name:
Date of Original Contract Award:
Council Bill Number:
Prior Change Orders (List all Administrative and Council approved change orders & a brief description):
Nature of Change: Scope of Work Duration Cost of Work Description: (Attach a summary sheet if change involves multiple quantities or items)
Original Contract Date Original Contract Amount $ Original Contract Duration Total Contract Amount last approved by Coun-cil
Prior extensions/reductions Prior Change Order Amount(s) after last amount(s) approved by Council
Subtotal of time extensions/re-ductions
This Change Order Amount
This Change Order Time Total of Change Order Amounts including this Change Order after last amount approved by Council
Revised Contract Duration % Change from last total Contract amount ap-proved by Council
Revised Completion Date New Contract Amount Including C.O. $
Pursuant to 720 ILCS 5/33E-9, the undersigned attests that the circumstances that necessitate this Change Order were not reasonably foreseeable at the time the contract was signed; or the change is germane to the original contract as signed; or this change is authorized by law and is in the best interest of the Town of Normal.
It is understood and agreed that this adjustment constitutes compensation in full on behalf of the Vendor and all sub-contractors and suppliers for all costs and markup directly or indirectly, including extended overhead, attributable to the change order, for all delays related thereto, and for performance of the change within the time frame stated above.
TOWN OF NORMAL CONTRACTOR/VENDOR
Department Name
BY:____________________________
Name of individual Title of individual
Date: __________________________
Vendor Name Vendor address Vendor address
BY:____________________________
Name of authorized individual Date: __________________________
Approved:
BY: _____________________________________ _________________________
City Manager Date Attest:
BY:
Approved As To Form:
(Deputy) Corporation Counsel Date
Exhibit G—Cert. of Sub. Completion Page 1
Certificate of Substantial Completion
Substantial Completion Date:____________
Complete Partial—List Areas Accepted:_______________________________________________
Substantial Completion and affected warranty time periods are defined in the General Condi-tions of the Contract. The Town of Normal has reviewed the work under this Contract and deter-mined that the work is Substantially Complete. The Town of Normal will assume full possession and responsibility for the Project or designated area, less Punch List items, on the Substantial Completion Date.
All warranties will start on the Substantial Completion Date, with the exception of those items on Punch List, for which the warranties will start on the date of Final Acceptance. The responsibility of the Contractor for heat, light, other utilities, and Builders’ Risk Insurance required by the Con-tract ceases on the Substantial Completion Date. All other required insurance remains the Con-tractor’s responsibility until a Certificate of Final Acceptance is issued.
A Punch List is attached to this Certificate. The failure to include any item on the Punch List does not relieve the Contractor or the responsibility to complete all work in accordance with the Con-tract Documents.
The Punch List consists of ___items. The Contractor shall complete or correct the work in the Punch List on or before ________________, 2024.
Town of Normal:
By:________________________________
Title:_______________________________
Date:_______________________________
By:________________________________
Attachments: Punch List
Exhibit H—Cert. of Final Approval Page 1
Certificate of Final Acceptance
Final Acceptance Date:____________, 2026
This Certificate certifies that: (i) the work contained in the Contract has been inspected by the Town of Normal; (ii) that all Punch List items set forth with the Certificate of Substantial Comple-tion have been completed; (iii) that the Contractor has fulfilled all of its contractual obligations for this Project; (iv) that the warranties have been accepted; and (iv) the Contractor is authorized to receive final payment in full, including all retainage.
Town of Normal:
By:________________________________
Specific Conditions Page 1 of 1
Specific Conditions
1. Pre-Bid Conference. A mandatory pre-bid conference will be held on July 2, 2026 at10:00 am at the project site. Failure to attend the mandatory conference may result in rejection of your bid.
Bid Form Page 1 of 2
Bid Form
1. The undersigned Bidder submits the following bid for the above referenced project.
2. The Bidder has examined and become familiar with all of the conditions affecting the contract and the detailed requirement of performance and understands that, in making this bid, the Bidder waives all right to plead any misunderstanding regarding the same.
3. Bidder offers to furnish and provide all necessary labor, supervision, equipment, vehicles, fuel, and other materials required to perform as contemplated by the Contract Documents for the amount set forth in
Section 9 below.
4. The Bidder further agrees to ship the products and equipment and to perform the work in such manner and with sufficient materials, equipment, and labor as will ensure its completion in accord with all expec-tations as set forth in the bid packet and Contract Documents.
5. The Bidder agrees to submit to the Town a signed contract, certificate of insurance, any required payment and performance bond, and all other documents required within 14 days after the date of the Notice of the Award is sent to the Bidder.
Accompanying this bid is a cashier's check, certified check, or bid bond…
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