village of addison large diameter sewer cleaning 26-6-3 BID PACKET.pdf

Bid Documents Bid Number 26-6-3

Large-Diameter Sewer Cleaning

Village of Addison

Purchasing Department 1 Friendship Plaza

Addison, IL 60101

(630) 543-4100

June 23, 2026 Bid No. 26-6-3

To Whom It May Concern:

Herein are Bid Documents to supply the Village of Addison with the following services:

Sealed bids must be received at the Information Desk of Addison Village Hall, 1 Friendship Plaza, Addison, Illinois, prior to 10:30 a.m. on Monday, July 20, 2026; immediately thereafter all bids will be publicly opened and read aloud in Room 2002.

All bids must be submitted on the forms provided in a sealed envelope and include all signatures and information identified in the bid specifications. It is the responsibility of the bidder to ensure bids satisfy the requirements identified in the Bid Documents. The self- addressed label provided with the Bid Documents must be affixed to the outside of the sealed envelope.

If there are any errors or inconsistencies found in the Bid Documents, bidders must notify the Village of Addison of those errors or inconsistencies before the due date listed above.

Minorities and women-owned businesses (W.B.E.) are encouraged to participate.

This is an Illinois Prevailing Wage Project.

Mandatory site visit required. See bid specifications for details.

The Village of Addison reserves the right to waive all technicalities, and to accept and or reject part(s) of any or all bids which it deems advantageous.

The Village only uses Bidnet Direct to publish and maintain current bids. Bid documents found on other websites are not under our control and we do not guarantee their accuracy. To see current Village of Addison opportunities please visit our Bidnet Direct page at, the registration is free:

https://www.bidnetdirect.com/illinois/villageofaddison.

Respectfully submitted, Ewa Adamow Village Purchasing Agent

Bidders Name:

Address:

City:

State: Zip:

1 Friendship Plaza Addison, IL 60101

Sealed Bid Enclosed

Bid No. 26-6-3 Large-Diameter Sewer Cleaning

Bid Opening Date: July 20, 2026

Bid Opening Time: 10:30 AM www.AddisonAdvantage.org

IMPORTANT

The attached label must be affixed to the front of the envelope the completed bid is submitted in. This attached label may be printed on an 8.5 X 11 label stock or printed on paper and securely fastened to the front of envelope you are submitting the bid in.

Bids without the attached label on the envelope may be delayed and not arrive in time for the bid opening.

If you have questions pertaining to this bid you may contact:

Ewa Adamow 630-693-7507 purchasing@addison-il.org

VILLAGE of ADDISON SPECIFICATIONS for BID #26-6-3

Large-Diameter Sewer Cleaning

INTENT

The Village of Addison is seeking bids for the following scope of work. The intent of the bid specs is to outline the scope of work consisting of the cleaning/removal of debris/roots in approximately 1,141 lineal feet of 36” VCP and 464 lineal feet of 33” VCP for a total of 1,605 ft of sanitary sewer piping along Westwood Creek between Addison Rd and Lincoln Ave.

The Not-to-Exceed contract price shall include all costs incurred for all parts, labor, materials, tools, equipment, supervision, transportation, disposal, rental, testing, necessary permits, traffic control, and/or any other materials or incidentals involved to provide for a complete “turn-key” project. This shall include the proper removal and disposal of all debris from the Village property. All work shall be completed and invoiced prior to: Dec. 1, 2026.

The following specifications supplement these Special Provisions:

• Addison's "Standard Specifications for Design and Construction," approved

December 20, 1993, as Ordinance Number 0-93-127; hereafter referred to as the Addison Standard Specifications,

• The "Standard Specifications for Water and Sewer Main Construction in Illinois," adopted May 1996; hereafter referred to as the Water & Sewer Specifications,

• The "Standard Specifications for Road and Bridge Construction," adopted January 1, 2012; hereinafter referred to as the IDOT 2012 SSRBC;

• The Manual on "Uniform Traffic Control Devices," adopted December 2009, and the Illinois supplement in effect on the date of the invitation for bids; hereinafter referred to as the

MUTCD;

• The "Standard Specifications for Traffic Control Items," adopted on April 1, 1989;

hereinafter referred to as the Traffic Specifications; and

• The "Illinois Urban Manual," latest edition; hereinafter referred to as the Urban Manual.

PROGRESS SCHEDULE

The Contractor shall have thirty (30) consecutive calendar days to complete the work from commencement, as agreed between the Contractor and the Director of Public Works or designee. If the contractor fails to complete the work within the specified time period, the final payment will be reduced by $250.00 per calendar day of the time overrun, not as a penalty, but as liquidated damages. The Contractor shall submit to the Director of Public Works or designee a list of all the subcontractors that are to be involved in this contract. This submittal shall be made promptly after the award of the contract and prior to the preconstruction conference

FAMILIARITY WITH PLANS, SPECIAL PROVISIONS, & STANDARD DRAWINGS

The Contractor shall acquaint himself, his staff, his subcontractors, and all representatives of his organization and his suppliers with the specific requirements of this project (as described by the various specifications, special provisions, and standard drawings; frequently referred to as simply "specifications,") prior to the execution of any work. Any need for further clarification, or supplemental data required by the Contractor shall be addressed to the Director of Public Works or designee before the work is started, at the preconstruction meeting.

Claims of ignorance regarding the requirements of the specifications, the special provisions, the plans, and/or the standard drawings will be disallowed and will not relieve the Contractor of his responsibility to construct the work in accordance with the provisions cited herein. All work that does not conform to the requirements of the contract will be considered unacceptable and the final payout with be withheld until acceptance of the project has been made.

The cost of protection, replacement in their original positions and conditions, or payment for damages to pipelines and structures affected by the work, and the removal, relocation, and rebuilding of pipelines and structures shall be deemed included in the appropriate contract item or items. If no specific pay item is provided, therefore, it is to be included as part of the overall cost of the work, and no additional payment will be made therefore. If the Contractor disturbs or damages existing underground utility facilities during the performance of the work, the facilities will be repaired by the utility companies at the sole expense of the Contractor. For relocation of any existing utility to facilitate the construction of this project, the Contractor shall make his own arrangements with the utility companies. This shall include, but shall not be limited to, the bracing of utility poles, the relocation of utility poles, and/or the supporting and/or relocation of any conduits.

The Contractor shall at all times, in performance of the work, employ approved methods of performing the work and the Contractor shall exercise reasonable care and skill so as to avoid unnecessary delay, injuries to his workers and to others, and damage or destruction of public utility installations and structures. The Contractor shall at all times, in the performance of the work, avoid unnecessary interference with or interruption of public services and shall cooperate fully with the Village of Addison thereof to that end.

Not all utilities have been shown on the plans; however, no significant conflicts are believed to exist. If the Contractor believes there is a significant conflict in the field, the Contractor shall contact the Director of Public Works or designee for a resolution.

The Contractor shall protect all building services and utilities during his operations. Any damage to the utility services will be repaired by the utility companies at the Contractor's expense.

The proposed sewer pipe may cross, may be located under, or may be adjacent to the facilities of the following entities:

AT & T – Telephone and Fiber Optic Comcast – Cable TV and Internet NICOR – Gas Com Ed – Electric DuPage Water Commission – Water Village of Addison – Water, sewer, Street Lighting

At least three (3) working days’ notice shall be given by the Contractor to all Village, State, Township, Departments, public service corporations, and property owners whose pipes, utility poles, wires, conduits, or other structures may be affected by the proposed work in order that they may protect, adjust, remove, or rebuild their facilities or take such measures as they may desire to minimize inconvenience. The Contractor shall likewise notify the Addison Police Department (630-543-3080), Addison Fire Protection District (630-628-3100), Addison School District 4, and Cottage Hill Operating Co. (Addison School District 88) at least three (3) business days in advance of the temporary blocking of any street.

The Contractor shall maintain all underground and above-ground utility service connections and shall provide temporary service when necessary.

COORDINATION OF EXISTING UTILITIES

The plans for this project have been forwarded to the various affected utility companies that are members of JULIE. JULIE members' underground information that has been submitted to the Village is shown these plans.

It is the Contractor's responsibility to coordinate all required relocations of utilities that do not belong to the Village of Addison. The Contractor shall schedule his construction activities around all utility relocation work. No extension of time (or compensation for downtime) will be allowed due to the required relocation of utilities. Any work or coordination of the relocation of existing utilities will be considered incidental to the contract and not eligible for any type of payment.

The water, storm, sewer, and street lighting systems located within the project area are under the jurisdiction of the Village of Addison. No use of water and no work associated with the water or sewer system shall be started without first contacting the Department of Public Works (630- 620-2020). Any time that work is performed near or around the Village's existing water system, the Contractor will be responsible for contacting the Department of Public Works for inspections.

The Environmental Services Division (630-279-2140) shall be contacted before any work is started at any existing storm or sanitary sewer or manholes.

CONSTRUCTION LIMITS

The Village's right-of-way is considered the absolute limits within which the Contractor can work or place materials. Any and all work performed outside of the designated construction limits shall be performed and restored solely at the Contractor's expense and shall be as part of the not-to-exceed contract price.

The Contractor shall prune any damaged trees and replace any trees distressed by his work, at his expense, with 3-inch or greater diameter trees of equal or better quality.

PERMITS

The Contractor shall be responsible for securing all necessary permits required for work on this project falling outside of the right-of-way and not under the Village of Addison's maintenance jurisdiction. The costs for the required permits and bonds shall be included in the cost of the project. No contract additions will be approved for the required permits and bonds.

The Contractor shall not "break up" pavement to be removed before it is actually necessary to be removed to complete the work. If the Contractor defaces the edge of the HMA or PCC that is to remain, then a new sawed joint shall be made and any additional work, including the additional work of removal and replacement, shall be done at the Contractor's expense. This work, and any costs incurred, shall be included in the cost of the “Not-to-Exceed” contract price.

USE OF VILLAGE WATER

The Contractor will need to contact Public Works in order to get permission to have access to the Village’s water system through the fill up station at 666 S. Vista ave.

TRAFFIC CONTROL AND PROTECTION

Traffic for local residential traffic shall be provided at the end of each construction day. This item of work shall include furnishing, installing, maintaining, replacing, relocating, and removing all traffic control devices used for the purpose of regulating, warning, or directing traffic on low-volume commercial, industrial, and residential roads and public sidewalks using Traffic Standards 701501 and 701801 or equivalent during the construction of this improvement.

Traffic control and protection shall be completed as required to safely complete the work in accordance with the applicable sections of the IDOT 2012 SSRBC, the Supplemental Specifications, the MUTCD, the Traffic Specifications, the Special Provisions, and any special details and Highway Standards contained on the Plans.

To ensure a prompt response to incidents involving the integrity of work zone traffic control, the Contractor shall provide a telephone number where a responsible individual can be contacted 24 hours a day, 7 days a week, including holidays.

When the Director of Public Works or designee is notified or determines that a traffic control deficiency exists, he will notify and direct the Contractor to correct the deficiency within a specified time. The specified time, which begins upon written notification to the Contractor, will be from ½ hour to 12 hours based upon the urgency of the situation and the nature of the deficiency. The Director of Public Works shall be the sole judge.

The deficiency may be any lack of repair, maintenance, or non-compliance with the traffic control plan.

If the Contractor fails to correct the deficiency(s) within the designated time or 24 hours, then a daily monetary deduction will be imposed for each calendar day or fraction thereof the deficiency exists. The calendar day(s) will begin with notification to the Contractor and end with the Director of Public Works’ acceptance of the corrected work. The per calendar day deduction will be $250.00.

If the Contractor fails to correct the deficiency(s) within the designated time or 24 hours, the Public Works Director may have the deficiency corrected and then deduct the cost from monies due or which may become due to the Contractor. This corrective action shall in no way relieve the Contractor of his contractual requirements or responsibilities.

PROJECT PHOTOGRAPHS

In order to protect itself against claims from homeowners, business owners, and others, the Contractor may want to take his own photographs of the project site. If the Contractor decides to take photographs, then the photographs should be taken at such locations that they will include all existing roadway surfaces, parkway conditions, driveways, ditches, shrubs, bushes, plantings, trees, and fences that exist within the project limit and within ten (10') feet of the limits of construction. If the Contractor decides to take photographs, then the costs to take and process the photographs will not be paid for. The costs shall be included in the overall cost of the project.

CCDD TESTING, REPORTING & SIGNOFF

This work shall consist of the documenting and securing of any required IEPA permits and meeting current (Clean Construction Demolition Debris) rules to properly dispose of all removed and excavated materials from the project site to an offsite CCDD facility. An LPC-662 or LPC- 663 shall be prepared by the Contractor or its consultant documenting the excavated soil’s suitability for disposal. All pH and pollutants of concern testing are to be included in this pay item and used to complete the LPC form and report. If testing reveals pollutants of concern in the excavated soils that requires NON-SPECIAL WASTE DISPOSAL, then a plan and report are to be produced and submitted to the Village similar to the reporting requirements in Section 669 "Removal and Disposal of Regulated Substances" providing a plan and procedure to handle and dispose of the removed or excavated materials and a final report of how the removed or excavated materials was handled and disposed of properly, including any manifesting. This additional work will be paid for through an AUP for SPECIAL WASTE PLANS, TESTING, AND REPORT submitted to the Director of Public Works or designee for approval.

No additional compensation will be allowed for any delays should this work be required. CCDD TESTING, REPORTING & SIGNOFF will be paid for as part of the Not-to-Exceed contract price and no additional payment requests or payouts will be allowed.

DUST CONTROL & CONTROL OF SLIPPERY SURFACES

The Contractor shall prevent dust nuisance resulting from his operations by keeping the streets sprinkled with water and by using a mechanical street sweeper at the end of each working day or when directed by the Director of Public Works or designee. There will be no payment for the required dust control. The cost of preventing dust and controlling slippery surfaces shall be incidental to the cost of the project.

PROTECTION & RESTORATION OF PROPERTY

Whenever public or private property is damaged or destroyed by the Contractor's work not within the scope of this project, the Contractor shall, at his own expense, restore such property to a condition equal to or better than that existing before such damage occurred. Unless otherwise approved by the Director of Public Works or designee, this restoration work shall be completed within forty-eight (48) hours after the damage or destruction occurred.

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Locations

36” VCP-

Addison Rd to rear of 22 Janice (230 ft.)

Rear of 22 Janice to rear of 46 Janice (325 ft.)

Rear of 46 Janice to rear of 118 Janice (308 ft.)

Rear of 118 Janice to Rozanne and Creek (278 ft.)

33“ VCP-

Rozanne and Creek to rear of 648 Rozanne (166 ft.)

Rear of 648 Rozanne to rear of 701 N. Lincoln (298 ft.)

Site Visit Sheet

26-6-3

Date:

Time:

Village Employee preforming Site Visit: __________________________________ Please Print

Name of Company Representative:

Please Print

Company Name:

Address:

Phone Number:

E-mail Address:

Village Employee Signature:

Attach Business Card Below

BIDDER’S RESPONSE

VILLAGE OF ADDISON

LARGE-DIAMETER SEWER CLEANING

BID NUMBER 26-6-3

Purchasing Department

1 Friendship Plaza Addison, IL 60101-2786

In accordance with your “Notice to Bidders, Conditions and Instructions to Bidders, and Specifications” for Bid 26-6-3, upon award of contract we will supply Large-Diameter Sewer Cleaning services as a complete “turn-key” project, to include all parts, materials, labor, misc., tools, equipment, supervision, transportation, proper removal and disposal of any/all debris, rental, testing, necessary permits, traffic control and/or any other materials or incidentals involved to provide for a complete “turn-key” project at the Not-to-Exceed price of:

$______________________________________________ (number)

_______________________________________________ (text)

Exceptions to bid, if any:

COMPANY NAME: ___________________________________________________

LICENSE NO.: ___________________________________________________

ADDRESS: ___________________________________________________

TELEPHONE NO.: ___________________________________________________

BIDDER’S RESPONSE

VILLAGE OF ADDISON

LARGE-DIAMETER SEWER CLEANING

BID NUMBER 26-6-3

BIDDER’S SIGNATURE: _____________________________________________

PRIMARY CONTACT/TITLE: __________________________________________

-Acceptance-

Date of Board of Trustee Approval: _______________________________________

VILLAGE OF ADDISON, a

Municipal Corporation

By: __________________________

Tom Hundley, Mayor

ATTEST:

Lucille A. Zucchero, Village Clerk

Acceptance of a bid is not a binding contract. This bid becomes a contract binding upon the person, partnership or corporation, to provide services or equipment as specified, and the Village of Addison to accept these services or equipment, only when the Village Board approves a written contract by ordinance or motion.

OWNER / CONTRACTOR AGREEMENT

THIS AGREEMENT is made as of __________________, 2026, by and between the VILLAGE OF ADDISON, County of DuPage, State of Illinois (the "Village") and _____________________________________, (the "Contractor"), each a “Party” and collectively the “Parties.”

Owner and Contractor desire to enter into this Agreement, pursuant to which Contractor shall perform certain work and services in strict accordance with the following terms and conditions, and the Owner shall pay for such performance as provided in this Agreement. In consideration of these recitals, and the terms and conditions of this Agreement, and intending to be legally bound, the parties agree as follows:

1. Scope of Project. Contractor shall perform all work required for the Large- Diameter Sewer Cleaning at a location designated by the Owner (the “Project”). Contractor shall perform all work and other services in strict accordance with the instructions, terms, conditions, drawings and specifications contained in the Bid 26-6-3 Large-Diameter Sewer Cleaning for the Village of Addison, if any, and all later issued addenda, (all of which shall attached hereto and incorporated as “Exhibit A”) and the Contractor’s bid or proposal, dated _________, 2026 (attached hereto and incorporated as “Exhibit B”), collectively defined as the “Contract Documents.” All Contract Documents are hereby incorporated into this Agreement by this reference, and in the event of a conflict between any of the Contract Documents and this Agreement, this Agreement shall control. Further, in the event of any conflict between Exhibit B and either this Agreement or Exhibit A, this Agreement then Exhibit A shall control.

2. Performance of Work. Contractor shall perform all work contained in the Contract

Documents utilizing the highest standards of workmanship and materials. Contractor shall maintain a sufficient staff to perform all work in the most expeditious manner consistent with the interests of Owner. Where applicable, Contractor shall perform all services to the standard of care applicable to design professionals performing similar services for projects of like size and kind (the “Standard of Care”). All deliverables furnished under this Agreement shall comply with all applicable building codes, zoning, laws, statutes, codes, ordinances, orders, rules and regulations of the governmental authority or authorities having jurisdiction over the Project, subject to the Standard of Care. The Contractor acknowledges that its position with the Owner is one of trust and confidence, and that the Contractor shall perform work, render services and otherwise act in the Owner’s best interest with respect to all decisions concerning the Project. The Contractor shall not engage in any activity, provide any services, or enter into any contract that may reasonably appear to conflict with the Contractor’s duties to the Owner or with the Contractor’s professional judgment concerning the Project. Notwithstanding, the Contractor and its employees are independent contractors with respect to the Owner, and Contractor shall be solely responsible for means and methods selected in performing the Work, provided Contractor shall supervise all work so that it is performed in a safe and expeditious manner. Further, Contractor shall be solely responsible for the safe work of its employees and its subcontractors’ and suppliers’ employees.

3. Schedule. Contractor shall cause all Work required by the Contract Documents to be substantially completed by no later than Thirty (30) calendar days from the commencement of the Work (“Substantial Completion”). “Substantial Completion” means that the Owner can occupy and fully utilize the Project for its intended use, and that all warranties, manuals, instructions, certifications, reports, record or as-built drawings, and any other document required by the Contract Documents have been properly submitted to and accepted by the Owner; and that the only remaining Work is minor cosmetic work that does not interfere with the Owner’s operations (the “Punch List Work”). The Contractor shall complete the Punch List Work within ten (10) days after the date of Substantial Completion. Time is of the essence under this Agreement. If the Contractor is delayed at any time in the commencement or progress of the Work by a cause that was reasonably unforeseeable to the Contractor and is not within the Contractor’s control, then the Contract Time shall be equitably extended, and such extension shall be reduced to a Change Order. Contractor shall promptly notify Owner immediately in writing: (i) of any information required from Owner and necessary for Contractor to complete its work in a timely manner; and (ii) of any work requested by Owner that is not included in the scope of work provided in the Contract Documents.

All work required by the Contract Documents shall be substantially complete by December 1, 2026. Time is of the essence under this Agreement.

4. Materials. All materials incorporated into the Work shall be new and of high quality. Contractor shall follow all manufacturer’s instructions and recommendations. If requested by Owner or otherwise required by the Contract Documents, Contractor shall, before purchase of such material, submit to Owner for Owner’s review, and in a format acceptable to Owner, all product data, literature, and shop drawings. All manufacturer’s warranties, installation and operating manuals, shall be forwarded to and assigned to Owner prior to completion of the work.

5. Differing Site Conditions. 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 Owner of the condition in writing. The Owner shall then issue directions.

The contract time and contract price shall be equitably adjusted if necessitated by such directions of the Owner. However, prompt written notice by the Contractor immediately following discovery of the condition, followed by written directions from the Owner, shall be conditions precedent to such adjustments.

6. Contract Sum. Owner shall pay Contractor for work properly performed under this Agreement an amount not to exceed the following Contract Sum:

___________________________________________________________________dollars (text) ________________________________ (number), and which shall include all allowances to be used only with prior written approval of the Owner, if any. Payment shall be made for all Work properly performed under the Agreement. Said allowance shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts.

Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances. Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by change order. The amount of the change order shall reflect the difference between actual costs and the allowances under this Section 5.

7. Payments to Contractor. On a monthly basis during the progression of the work, Contractor shall by the first day of each month submit monthly statements reflecting all work completed in the previous month. Owner shall make payments to Contractor forty-five (45) days after receipt of properly submitted statements. Such payments shall be made in proportion to the percentage of completion of the Project, less retention of ten percent (10%) until fifty percent (50%) completion of the Work and five percent (5%) thereafter, which shall be held by Owner until final completion of the Project, including the completion of all punch list items. Contractor’s monthly statements shall itemize the work into a schedule of values equal to the Contract Sum, and for each item of work shall indicate the Scheduled Value of the Item, Work Completed, Amount Currently Due, Previous Amount Billed, Previous Amount Paid, and Balance of Contract Outstanding. Upon request, each monthly statement shall be accompanied by certified payroll in accordance with Section 5 of the Prevailing Wage Act, 820 ILCS 130/5, et seq., and with all lien waivers covering all lien rights arising from payments previously made by Owner.

8. Defective Work and Guarantee. All work shall be of high quality and free of defect. Contractor shall promptly correct any defective work. Payment by Owner for any work otherwise determined to be defective shall not relieve Contractor of its obligation to correct defective work. Contractor hereby warrants that all work is free from defect for one year following completion of the work, and upon notice by the Owner, Contractor shall promptly correct such defects appearing within said one-year period. This warranty is in addition to any warranties that may be required, and this warranty does not abrogate or nullify any breach of contract claim or other causes of action Owner may have against Contractor.

9. Owner Takeover. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or approved construction schedules, and fails within five

(5) days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, and with or without further notice, correct such default or neglect and backcharge the Contractor for all reasonable cost of correcting such deficiencies, including Owner’s expenses and reasonable attorneys’ fees, and compensation for the Architect’s additional services made necessary by such default, neglect, or failure. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. The Owner’s rights and remedies under this section are in addition to, and not a limitation of, any other rights and remedies of the Owner under the Contract Documents or otherwise. In the event of any such takeover of Work, Contractor shall assign any subcontracts between Contractor and subcontractor to the Owner upon request, except that the Contractor shall be solely liable for all liabilities or obligations arising prior to such assignment.

10. Prevailing Wage Act.

a. Contractor shall pay the then prevailing rate of wages for DuPage County, as established by the Illinois Department of Labor for each craft or type of worker needed to execute the contract in accordance with 820 ILCS 130/0.01 et seq.

b. Any increases in costs to the contractor due to changes in the prevailing rate of wages or labor law during the term of any contract shall be at the expense of the contractor and not the expense of the Village.

c. Change Orders shall be computed using the prevailing wage rates applicable at the time the change order work is scheduled to be performed.

a. Project Expenses. Contractor shall maintain, for a minimum of five years after the completion of the contract, adequate books, records, and supporting documents to verify the amounts, receipts, and uses of all disbursements of funds passing in conjunction with the contract.

These records shall be available for review and audit at the option of the Village and must be submitted to the Illinois Department of Labor as required by Illinois law. The Contractor agrees to cooperate fully with any such audit and shall provide full access to all relevant materials.

11. Termination. Owner may terminate this Agreement at any time, in whole or in part, with or without cause, upon written notice to Contractor. “For cause” means any material breach of this Agreement. If this Agreement is terminated for cause, Owner shall have no further obligation to make payments to Contractor for work completed, and Contractor shall be liable to the Owner for any increase in project cost incurred by the Owner in completing the work. If this Agreement is terminated for convenience, Contractor shall be paid for work properly completed prior to termination, but shall not be entitled to any other compensation from Owner, and shall have no claim for lost profits, or for any other direct, consequential, incidental, or other damages.

12. Indemnification. Contractor shall indemnify, defend, and hold harmless Owner, its Board of Trustees, board members individually, administrators, employees, agents, representatives, volunteers, insurers, and attorneys from all claims, demands, causes of action, losses, liens, claims of lien, liabilities, penalties, and damages, including reasonable attorneys’ fees and court costs, to the extent arising from any negligent act or omission of Contractor, its employees, or its subcontractors, suppliers, and their employees, and to the extent arising from any breach of this Agreement by Contractor. The Contractor shall include this provision in each of its Subcontract agreements and shall require its Subcontractors to be so bound.

13. Insurance. Contractor shall procure and maintain through an insurance company or companies licensed to conduct business in Illinois insurance with coverage and limits as specified below, and shall cause Owner, its board of trustees, board members individually, administrators, employees, agents, representatives, volunteers, insurers, and attorneys, to be named as additional insureds and, to the fullest extent applicable for such polices, for ongoing and completed operations for a period of ten (10) years. Owner’s coverage as an additional insured on Contractor’s and Subcontractor’s commercial general liability policies shall include all necessary endorsements, including without limitation CG 2010 and CG 2037 endorsements as applicable.

All such insurers shall carry a Best Key Guide Rating of A / XV. The commercial general liability and automobile liability policies shall be endorsed to reflect that coverage is primary to and noncontributory with any other insurance available to Owner. The commercial general liability policy shall by endorsement provide contractual liability coverage including the indemnity obligations provided in this agreement. Each such policy shall include by endorsement a requirement of at least 30 days’ written notice to Owner prior to any termination, cancellation or material amendment to that policy. Upon execution of this agreement and on an annual basis thereafter during the term of this agreement or any extension thereof, Contractor shall furnish to Owner certificate(s) of insurance, policies, and endorsements reflecting the required coverages.

The type and minimum limits of insurance required are as follows:

Type Limits

Commercial General Liability

Per Occurrence: $1,000,000

Aggregate: $2,000,000

Automobile Liability: $1,000,000 (combined single limit)

Workers’ Compensation: Statutory Minimum

Umbrella / Excess: $1,000,000 per occurrence / $2,000,000 aggregate

14. Performance and Payment Bond. If the total Contract Sum exceeds $150,000 or as otherwise required by the Owner, the Contractor shall provide the Owner with a Performance Bond and a Labor/Material Payment Bond in a form acceptable to the Owner, as may be more fully set forth in Exhibit A for the full amount of the contract price. Such bonds shall be tendered to Owner within ten (10) days of execution of this Agreement.

15. Liens. If any liens or claims of lien are placed on the Project or the funds designated for the Project by any subcontractor or supplier, and such liens or claims of lien are due to Contractor’s breach of this Agreement or other circumstances or events under Contractor’s control, Contractor shall indemnify Owner for all costs, expenses, and attorneys’ fees incurred in the resolution of such lien, and Owner shall have the right to withhold from payments due to the Contractor an amount sufficient to satisfy such lien or claim of lien, along with an amount sufficient to cover attorneys’ fees and other administrative costs that have been or may be incurred by Owner in connection with the resolution of such lien or claim of lien.

16. Successors and Assigns. Contractor shall not assign any rights or delegate or subcontract any duties under this Agreement without the prior written consent of the Owner, and any attempted assignment, delegation or subcontracting shall be void. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

17. Controlling Law and Interpretation. This Agreement is to be governed by the laws of the State of Illinois, without regard to conflict of law principles. Each party has reviewed and approved this Agreement and the rule of construction that resolves ambiguities against the drafting party shall not be employed in the interpretation of this Agreement.

18. No Assignment or Delegations. Except as may be otherwise provided in the Scope of Services, each of the Parties represents that it has not assigned and will not assign any rights under the Agreement, and that it has not delegated and will not delegate or subcontract any duties arising under this Agreement.

19. No Third-Party Beneficiaries. The Agreement is not intended to confer any rights upon any third party who is not a Party to the Agreement.

20. Entire Agreement; Conflict. This Agreement and the Contract Documents represent the entire agreement between Contractor and Owner with respect to this Project, and supersede all prior representations, negotiations or agreements, written or oral, which are not included herein. This Agreement may only be amended by written instrument executed by Owner and Contractor. In the event of a conflict between this Agreement and the Contract Documents, this Agreement shall control.

Executed on the date last written below, by and between:

By: ___________________________ Signature

Name

Its: ____________________________

Dated: __________________________

Vendor ________________________

By: ___________________________ Signature

Name

Its: ____________________________

Dated: __________________________

Prevailing Wage Act et seq et seq., including but not limited to, (i).

(ii).

et seq.

et. seq

[See attached Prevailing Wage Rates current as of August 15, 2023]

1 et seq.