village of homewood homewood performing arts center renovation.pdf

20654 Amherst Ct. Joliet, Il. 60433

Office: 815.774.0036 Fax: 815.774.9860

Homewood Performing Arts Center Renovation Village of Homewood 2020 Chestnut Road Homewood, IL 60430 Project # 2024-0177

8/18/2026

Trade Package Manual

Architect:

Linden Group Inc.

10100 Orland Parkway, Suite 110 Orland Park, IL 60467

Table of Contents

Division 00 – Procurement and Contracting Requirements 00 00 00 Cover 00 00 01 Table of contents 00 11 13 Advertisement for bid 00 21 13 Insturctions to bidders 00 24 00 Bid packages 00 25 13 Prebid meetings 00 31 13 Schedule 00 41 23 Bid Form 00 43 00 Criminal Background Check 00 70 00 General Conditions 00 80 00 Supplementary Conditions 00 81 00 Project safety requirements 00 82 50 Prevailing wage rates

Division 01 – General requirements

01 10 00 Summary 01 21 00 Allowances 01 22 00 Unit prices 01 23 00 Alternates 01 25 00 Substitution procedures 01 26 00 Contract modifications 01 29 00 Payment procedures 01 31 00 Project management and coordination 01 33 00 Submittal procedures 01 40 00 Quality requirements 01 42 00 References 01 50 00 Temporary facilities 01 60 00 Product requirements 01 73 00 Execution 01 73 10 Cutting and patching 01 77 00 Closeout procedures 01 78 23 Operation and maintenance data 01 78 39 Project record documents 01 79 00 Demonstration and training

HPAC Renova�on

SECTION 00 11 13 – ADVERTISEMENT TO BID

1.1 PROJECT INFORMATION

A. No�ce to Bidders: Qualified bidders may submit bids for the project as described in this Document.

Submit bids according to sec�on 00 21 13 Instruc�on to Bidders.

B. Project Iden�fica�on: Homewood Performing Arts Center renova�on,

1. Architect Project Number 2024-0177

2. Project Loca�on: 2020 Chestnut Road Homewood, IL, 60430

C. Owner:

1. Owner's Representa�ve: Napoleon Haney / Village Manager Village of Homewood

2020 Chestnut Road Homewood, IL 60430

D. Architect:

1. Project Architect: Michael Mathys

Linden Group 10100 Orland Parkway, Suite 110, Orland Park, IL 60467

(708) 799-4400 mmathys@lindengroupinc.com

E. Construc�on Manager: Troy Strange

1. Construc�on Manager: Cosgrove Construc�on Inc.

20654 Amherst Ct Joliet, Illinois 60433 815-774-0036 tstrange@cosgroveconstruc�oninc.com

F. We are reques�ng finalized pricing based on the final bid documents.

G. Project consists of an interior remodel of an exis�ng gymnasium building to a performing arts center.

The project also has alternates that include renova�ng addi�onal restroom areas within the building.

H. This project includes BEP goals. Refer to 01 23 00 Alternates.

I. Construc�on Contract: Bids will be received for the following Work:

1. Mul�ple Contract Project consis�ng of the following prime contracts:

a. Bid Package 01 – Selec�ve Demoli�on

b. Bid Package 02 – General Trades

c. Bid Package 03 – Aluminum and glazing

d. Bid Package 04 – Flooring and �le

e. Bid Package 05 – Pain�ng and finishes

f. Bid Package 06 – Auditorium sea�ng

g. Bid Package 07 – Fire protec�on

h. Bid Package 08 – Plumbing

i. Bid Package 09 – HVAC

j. Bid Package 10 – Electrical

1.2 BID SUBMITTAL AND OPENING

A. The Owner will receive sealed lump sum bids un�l the bid �me and date at the loca�on given below. The Owner will consider bids prepared in compliance with the Instruc�ons to Bidders issued by Owner, and delivered as follows:

1. Bid Date: 9/24/2026

1. Bid Time: 1:00 PM., local �me.

2. Aten�on to: Napoleon Haney / Village Manager

3. Loca�on: Village of Homewood, 2020 Chestnut Road, Homewood, IL 60430

B. DO NOT SUBMIT BIDS ELECTRONICALLY, bids submited to the Construc�on Manager via email will not be considered.

C. Bids will be therea�er publicly opened and read aloud.

D. Bids for the prime bid packages should be submited in a sealed envelope at the address and by the �me noted above. The envelope shall only contain only the bid form and the bid security. Bids submited with leters of clarifica�on or amendments to the bid form shall be subject to rejec�on. Sub-trades or suppliers to the prime packages noted above shall submit pricing to the prime bidders. A list of prime bidders shall be made available upon request.

E. If the bidder is submi�ng on mul�ple bid packages, one envelope with a separate bid form and bid security is required for each bid package the bidder is submi�ng a bid on.

F. Bids for each bid package should include all scope of work outlined for that bid package in sec�on 00 24 00 Bid Packages.

1.3 BID SECURITY

A. Bid security shall be submited with each bid in the amount of 10% of the bid amount. No bids may be withdrawn for a period of 60 days a�er the opening of bids.

B. The bid security shall be addressed to the Owner as follows:

Village of Homewood, 2020 Chestnut Road, Homewood, IL 60430

1.4 PREBID MEETING

A. Prebid Mee�ng: Refer to sec�on 00 25 13 – Prebid Mee�ngs

B. The site may be visited by appointment on any weekday between 8:00 A.M. and 4:00 P.M. un�l the day of bid opening.

1.5 RFI’S AND SUBSTITUTION REQUESTS

A. All Requests for Informa�on (RFI’s) and Submitals shall be sent via email to:

Name: Troy Strange

Firm: Cosgrove Construc�on Inc Address: 20654 Amherst Ct, Joliet, IL 60433

Phone: 815-744-0036 Email: tstrange@cosgroveconstruc�oninc.com

B. All RFI’s and Subs�tu�on request responses shall be made available to all plan holders via an RFI and Subs�tu�on response log which will be distributed via addenda.

C. Subs�tu�on requests shall u�lize the subs�tu�on request form included in sec�on 00 43 25 Subs�tu�on Request Form and provide all request technical informa�on required by sec�on 00 43 25. Subs�tu�on requests sent without approved form shall not be considered.

D. Subs�tu�on requests shall comply with requirements of sec�on 01 25 00 – Subs�tu�on Procedures

1.6 DOCUMENTS

A. Online Procurement and Contrac�ng Documents: Obtain access a�er 8/3/2026, by contac�ng:

Troy Strange Cosgrove Construc�on Inc.

20654 Amherst Ct

Joliet, IL 60433 Phone: 815-774-0036 Email: tstrange@cosgroveconstruc�oninc.com

Online access to bid documents via BuildingConnected will be provided to any bidders or suppliers who request access.

1.7 TIME OF COMPLETION

A. Successful bidder shall begin the Work upon receipt of a No�ce to Proceed and shall complete the Work per the requirements in Specifica�on Sec�on 00 31 13 - Project Schedule.

1.8 STIPULATIONS

A. Owner reserves the right to reject any and all Bids or por�on(s) of bid, to waive any irregulari�es in the Bidding, and award contract in the Owner’s best interest A. Selected bidder is required to provide a sa�sfactory performance bond and labor & material payment bond covering the full performance of the contract, irrevocable leter of credit or other security. The costs of the bonds are to be included in each Bidding Mul�ple Prime Contractor’s bid proposal.

A. The successful bidder shall be required to comply with all provisions of the acts of the General Assembly of the State of Illinois related to Discrimina�on, Sexual Harassment, Alcohol Use, Preference to Illinois Workmen, Fair Employment Prac�ces Commission, and Equal Employment Opportunity.

1.1 Bidder will permit reasonable access for the Owner or Owner’s agent to all reports and records as are necessary for the purpose of ascertaining compliance with fair employment prac�ces.

1.2 In the event of the Contractor's or Vendor's noncompliance with the nondiscrimina�on clauses of this contract, or refusal to furnish informa�on or permit his books, records, and accounts to be inspected, within twenty days from date requested, this contract may be cancelled, terminated, or suspended in whole or in part and contractor may be declared ineligible for further contracts un�l proof of compliance is approved.

1.3 Contractor or Vendor further agrees that these clauses (A through E) on discrimina�on and equal opportunity prac�ces in all maters of employment and training for employment will be incorporated by Contractor in all contracts or agreements entered into with suppliers of materials for services, contractors, and subcontractors, and all labor organiza�ons, furnishing skilled, unskilled and cra� union skilled labor, or who may perform any such labor or services in connec�on with this contract.

1.4 To cer�fy compliance with clauses A through E above, Contractor has completed and submits as a part of this Contract Employment Analysis and Cer�ficate of Fair Employment Compliance.

A. The successful bidder shall not pay less than the prevailing rates of wages as determined by the Illinois

Department of Labor to all laborers, workmen, and mechanics performing work under this contract, and shall comply with the requirements of the Illinois Prevailing Wage Act (820 ILCS 130/1-12). All Bidding Contractor bonds shall include a provision as will guarantee the faithful performance of such prevailing wage clause as provided by this bid specifica�on or contract.

2 Bidding Mul�ple Prime Contractors shall comply with all applicable laws of the State of Illinois and the

United States of America.

1.9 NOTIFICATION

A. This Adver�sement for Bids document is issued by Cosgrove Construc�on, Inc.

1.10 GRANT REQUIREMENTS

A. There is a 28% BEP goal for this project based on funding requirements.

END OF SECTION 00 11 13

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

1.1 DEFINITIONS

A. Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding

Requirements consist of the Adver�sement to Bid, Instruc�ons to Bidders, Supplementary Instruc�ons to Bidders, the Bid Form, and other sample bidding and contract forms. The proposed Contract Documents consist of the form of Agreement between the Owner and Construc�on Manager, Condi�ons of the Contract (General, Supplementary and other Condi�ons), Drawings, Specifica�ons, and all Addenda issued prior to the execu�on of the Contract.

B. Defini�ons set forth in the General Condi�ons of the Contract for Construc�on, AIA Document A201, or in other Contractor Documents are applicable to the Bidding Documents.

C. The Subcontractor is a person or en�ty submi�ng a bid for a bid package, performing construc�on under contracts administered by the Construc�on Manager and shall be an assigned Subcontractor to the Construc�on Manager. Subcontractor shall be synonymous with “Bidder” and “Mul�ple Prime Contractor”.

The Construc�on Manager may reassign the Contracts to the Owner if required by law or may refuse assignment if a legal or contractual conflict prevents Construc�on manager from accep�ng assignment of any Contract. In such case, the Construc�on Manager shall manage said Contract in the same manner as Contracts assigned to the Construc�on Manager. By submi�ng a bid, Contractors agree they will either accept assignment to the Construc�on Manager or enter into a contract directly with the Owner (managed by the Construc�on Manager) using an AIA agreement writen for this purpose.

D. The Construc�on Manager (CM) is the en�ty holding the Bid Package agreements with the Bidding

Subcontractors and is synonymous with “Contractor”.

E. Addenda are writen or graphic instruments issued by the Architect prior to the execu�on of the Contract, which modifies or interprets the Bidding Documents by addi�ons, dele�ons, clarifica�ons, or correc�ons.

F. A Bid is a complete and properly executed proposal to do the Work for the sums s�pulated therein, submited in accordance with the Bidding Documents.

G. The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which Work may be added or from which Work may be deleted for sums stated in Alternate Bids.

H. An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding changes in the Work, as described in the Bidding Documents.

I. A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment, or services or a por�on of the Work as described in the Bidding Documents and complying with the provisions of sec�on 01 22 00 Unit Prices.

J. A Bidder is a person or en�ty who submits a Bid and who meets the requirements set forth in the Bidding

Documents.

K. A Sub-bidder is a person or en�ty who submits a bid to a Bidder for materials, equipment, or labor for a por�on of the Work.

L. A sub-�er contractor is a person or en�ty performing work under a Subcontractor.

M. The term “responsible bidder” for construc�on contracts means a bidder who meets at least all of the following applicable criteria and submits evidence of such compliance:

1 All applicable laws pre-requisite to doing business in Illinois.

2 Evidence of compliance with

2.1 Federal employer tax iden�fica�on number or social security number (for individuals).

2.2 Provisions of Sec�on 2000(3) of Chapter 21, Title 42 of the United States Code and Federal

Execu�ve Order No. 11246 as amended by Execu�ve Order No. 11375 (known as the Equal Opportunity Employer provisions.)

2.3 Cer�ficates of insurance indica�on the following coverage’s:

A. Refer 00 50 00b Sample Subcontract Atachment E – Insurance Condi�ons for required coverage.

2.4 Compliance with all provisions of the Illinois Prevailing Wage Act, including wages medical and hospitaliza�on insurance, and re�rement for those trades as covered in the “Act”.

2.5 Par�cipa�on in appren�ceship and training programs approved and registered with the United

States Department of Labor’s Bureau of Appren�ceship and Training.

1.2 BIDDER'S REPRESENTATIONS

A. Submission of Bid represents that Bidder:

1. The Bidder has read and understands the Bidding Documents or Contract Documents, to the extent that such documenta�on relates to the Work for which the Bid is submited, and for other por�ons of the Project, if any, being bid concurrently or presently under construc�on.

2. The Bid is made in compliance with the Bidding Documents.

3. The Bidder has visited the site, become familiar with local condi�ons under which the Work is to be performed, and has correlated the Bidder's personal observa�ons with the requirements of the proposed Contract Documents.

4. The Bid is based upon the materials, equipment, and systems required by the Bidding Documents without excep�on.

5. The bidder has included all Provisions contained in Sec�ons 00 and 01 of the Project Manual.

1.3 BIDDING DOCUMENTS

A. Copies of Bidding Documents will be issued to prospec�ve bidders and will be available for examina�on at the Architect's office and other offices for the use of prospec�ve sub-bidders, as set forth in 00 11 13 Adver�sement to Bid

1.4 INTERPRETATIONS/CORRECTIONS

A. The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construc�on to the extent that it relates to the Work for which the Bid is submited, shall examine the site and local condi�ons, and shall at once report to the Architect errors, inconsistencies or ambigui�es discovered.

B. Bidders and Sub-bidders requiring clarifica�on or interpreta�on of the Bidding Documents shall make a writen request which shall reach the Architect at least 72 hours prior to the date for receipt of Bids.

C. Interpreta�ons, correc�ons, and changes of the Bidding Documents will be made by Addendum.

Interpreta�ons, correc�ons, and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them.

1.5 SUBSTITUTIONS

A. Subs�tu�on requests shall be submited in compliance with 00 11 13 Adver�sement to Bid

B. Subs�tu�on requests shall be submited in compliance with Sec�on 01 25 00 – Subs�tu�on Procedure

1.6 ADDENDA

A. Addenda will be transmited to all who are known by the issuing office to have received a complete set of

Bidding Documents.

B. Copies of Addenda will be made available for inspec�on wherever Bidding Documents are on file for that purpose.

C. Addenda will be issued no later than 48 hours prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes the postponement of the date for receipt of Bids.

D. Each Bidder shall ascertain prior to submi�ng a Bid that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in the Bid.

1.7 BIDDING PROCEDURE

A. All blanks on the bid form shall be legibly executed in a non-erasable medium.

B. Sums shall be expressed in both words and figures. In case of discrepancy, the amount writen in words shall govern.

C. Interlinea�ons, altera�ons, and erasures must be ini�aled by the signer of the Bid.

D. All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change."

E. Each copy of the Bid shall state the legal name of the Bidder and the nature of the legal form of the Bidder.

The Bidder shall provide evidence of legal authority to perform within the jurisdic�on of the Work. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corpora�on shall further give the state of incorpora�on and have the corporate seal affixed. A Bid submited by an agent shall have a current power of atorney atached cer�fying the agent's authority to bind the Bidder. Bid forms submited without a signature shall be considered an incomplete bid.

F. Bids shall be delivered by the specified �me and at the specified loca�on noted in sec�on 00 11 13

Adver�sement to Bid.

1.8 BID SECURITY

A. Each Bid shall be accompanied by a bid security in the form and amount required if so s�pulated in sec�on 00 11 13 Adver�sement to Bid. The Bidder pledges to enter into a Contract with the Contractor on the terms stated in the Bid and will, if required, furnish bonds covering the faithful performance of the Contract and payment of all obliga�ons arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. The amount of the bid security shall not be forfeited to the Owner in the event the Owner fails to enter into a contract.

B. If a surety bond is required, it shall be writen on AIA Document A310, Bid Bond, unless otherwise provided in the Bidding Documents, and the atorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a cer�fied and current copy of the power of atorney.

C. The Owner will have the right to retain the bid security of Bidders to whom an award is being considered un�l either (a) the Contract has been executed and bonds, if required, have been furnished, or (b) the specified �me has elapsed so that Bids may be withdrawn or (c) all Bids have been rejected.

1.9 BIDDER REQUIREMENTS

A. This project is tax-exempt.

B. Bidders shall include all licenses, permits, fees, and inspec�ons required for its Scope of Work unless explicitly stated otherwise. Subcontractor shall coordinate all required inspec�ons associated with Subcontractor’s Scope of Work. A 24-hour no�ce must be provided to the Contractor prior to scheduling any inspec�ons. The Contractor may require a preconstruc�on quality assurance mee�ng with the Subcontractor prior to the Subcontractor commencing work on the project. Subcontractor shall work with the contractor to coordinate mock-ups, in-situ mock-ups, and inspec�ons necessary to establish and verify adherence with Owner and designer quality standards and expecta�ons. In the event that the Subcontractor believes the Contract Documents rela�ng to the Subcontractor’s Scope of Work are not in accordance with applicable laws, ordinances, codes, or similar regula�ons, Subcontractor shall promptly report the same to the Contractor and Design Professionals

C. Refer to sec�on 00 50 00b Sample Subcontract Atachment E - Insurance Condi�ons for insurance requirements. Subcontractors to include insurance costs as specified with bid.

D. Refer to sec�on 00 50 00b Sample Subcontract Atachment B - Insurance Condi�ons for addi�onal subcontractor scope requirements. Subcontractors all costs associated with scope specified in atachment B.

E. Bidders shall review the site logis�cs plan and comply with all requirements shown.

F. Bidder shall review the schedule and provide all labor material and equipment as necessary to comply with the specified dates including accelera�on by means of off-�me or over�me labor.

1.10 SUBMISSION OF BIDS

A. All copies of the Bid, the bid security, if any, and any other documents required to be submited with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be iden�fied with the Project name, the Bidder's name and address and, if applicable, the designated bid packager for which the Bid is submited. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the nota�on "SEALED BID ENCLOSED" on the face thereof.

B. Bids shall be deposited at the designated loca�on prior to the �me and date for receipt of Bids. Bids received a�er the �me and date for receipt of Bids will be returned unopened.

C. The Bidder shall assume full responsibility for �mely delivery at the loca�on designated for receipt of Bids.

D. Oral, telephonic, telegraphic, facsimile, or other electronically transmited bids will not be considered.

E. Bids received with leters of omission, clarifica�on, or forms other than the bid form included with these bid documents shall not be considered. Refer to Sec�on 00 24 00 Bid Packages for addi�onal informa�on.

1.11 MODIFICATION OR WITHDRAWAL OF BID

A. A Bid may not be modified, withdrawn, or canceled by the Bidder during the s�pulated �me period following the �me and date designated for the receipt of Bids, and each Bidder so agrees in submi�ng a Bid.

B. Prior to the �me and date designated for receipt of Bids, a Bid submited may be modified or withdrawn by no�ce to the party receiving Bids at the place designated for receipt of Bids. Such no�ce shall be in wri�ng over the signature of the Bidder. Writen confirma�on over the signature of the Bidder shall be received, and date- and �me-stamped by the receiving party on or before the date and �me set for receipt of Bids. A change shall be so worded as not to reveal the amount of the original Bid.

C. Withdrawn Bids may be resubmited up to the date and �me designated for the receipt of Bids provided that they are then fully in conformance with these Instruc�ons to Bidders.

D. Bid security, if required, shall be in an amount sufficient for the Bid as resubmited.

E. Negligence on the part of the bidder in preparing a bid confers no right of withdrawal or modifica�on of a bid a�er it has been opened.

1.12 CONSIDERATION OF BIDS

A. OPENING OF BIDS

1. The properly iden�fied Bids received on �me will be publicly opened and will be read aloud. An abstract of the Bids may be made available to Bidders.

B. REJECTION OF BIDS

1. The Owner shall have the right to waive informali�es and irregulari�es in a Bid received and to accept the Bid which, in the Owner's judgment, is in the Owner's own best interests. A Bid not accompanied by the required bid security or by other data required by the Bidding Documents, or a Bid which is in any way incomplete, or irregular is subject to rejec�on.

2. Bids received a�er the due date and �me specified shall be returned unopened to the bidder.

1.13 ACCEPTANCE OF BID (AWARD)

A. It is the intent of the Owner to award a Contract to the lowest qualified Bidder provided the Bid has been submited in accordance with the requirements of the Bidding Documents and does not exceed the funds available.

B. The Owner shall have the right to waive informali�es and irregulari�es in a Bid received.

C. The Owner shall have the right to accept the Bid which, in the Owner's judgment, is in the Owner's own best interests and select the Contractor which is most appropriate to the job requirements.

D. The Owner shall have the right to accept Alternates in any order or combina�on, unless otherwise specifically provided in the Bidding Documents, and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted.

1.14 POST-BID INFORMATION

A. SUBMITTALS

1. The Bidder shall, within 48 hours, or as s�pulated in the Bidding Documents, a�er bid opening, furnish to the Owner through the Contractor in wri�ng the following items:

A. Confirma�on that the bidder has included all specified allowances in sec�on 00 24 00 bid packages for their respec�ve bid package in their base bid price. Failure to include specified allowances shall cons�tute an incomplete bid which is subject to rejec�on.

B. clarifica�on of any unclear or irregular items on the bidders submited bid form.

C. Lead �mes for long lead items provided by that bid package.

D. Cost breakouts for accoun�ng or other purposes as requested by the Construc�on Manager E. A designa�on of the Work to be performed with the Bidder's own forces.

F. A lis�ng of any sub-�er subcontractors the bidder is u�lizing under their bid package.

G. A lis�ng of the names of the manufacturers, products, and the suppliers of principal items or systems of materials and equipment proposed for the Work; and H. A lis�ng of the names of persons or en��es (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal por�ons of the Work.

I. The informa�on above shall be furnished u�lizing the form provided in 00 60 00 Trade Partner Disclosure and Confirma�on Form

2. The Bidder will be required to establish to the sa�sfac�on of the Contractor, Architect, and Owner the reliability and responsibility of the persons or en��es proposed to furnish and perform the Work described in the Bidding Documents.

3. Prior to the execu�on of the Contract, the Contractor will no�fy the Bidder in wri�ng if either the Contractor, Owner, or Architect, a�er due inves�ga�on, has reasonable objec�on to a person or en�ty proposed by the Bidder. If the Contractor, Owner, or Architect has reasonable objec�on to a proposed person or en�ty, the Bidder may, at the Bidder's op�on, (1) withdraw the Bid or (2) submit an acceptable subs�tute person or en�ty with an adjustment in the Base Bid or Alternate Bid to cover the difference in cost occasioned by such subs�tu�on. The Owner may accept the adjusted bid price or disqualify the Bidder. In the event of either withdrawal or disqualifica�on, bid security will not be forfeited.

4. Persons and en��es proposed by the Bidder and to whom the Owner and Architect have made no reasonable objec�on must be used on the Work for which they were proposed and shall not be changed except with the writen consent of the Owner and Architect.

5. Failure to furnish requested items within �me-frame specified may result in the bidders proposal being rejected/considered incomplete.

1.15 PERFORMANCE BOND AND PAYMENT BOND

A. The Subcontractor shall furnish bonds covering the faithful performance of the Contract and payment of all obliga�ons arising thereunder. Bonds may be secured through the Bidder's usual sources.

B. The furnishing of such bonds is hereby s�pulated in the Bidding Documents, and the cost shall be included in the Bid. If the furnishing of such bonds is required a�er receipt of bids and before the execu�on of the Subcontract, the cost of such bonds shall be added to the Bid in determining the Contract Sum.

C. If the Owner requires that bonds be secured from other than the Bidder's usual sources, changes in cost will be adjusted as provided in the Contract Documents.

D. Bonds shall name the Contractor as the principal obligee and the Owner as an addi�onal obligee. This may be accomplished through the use of a Dual Obligee Rider on the Payment and Performance bond.

1.16 TIME OF DELIVERY AND FORM OF BONDS

B. The Bidder shall deliver the required bonds to the Construc�on Manager for review no later than three days following the date of execu�on of the Contract. Reviewed Bonds shall then be delivered to the Owner. If the Work is to be commenced prior thereto in response to a leter of intent, the Bidder shall, prior to commencement of the Work, submit evidence sa�sfactory to the Owner and Construc�on Manager that such bonds will be furnished and delivered in accordance with this Sec�on.

C. Unless otherwise provided, the bonds shall be writen on AIA Document A312, Performance Bond, and

Payment Bond. Bonds shall be writen in the amount of the Contract Sum.

D. The bonds shall be dated on or a�er the date of the Contract.

E. The Bidder shall require the atorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a cer�fied and current copy of the power of atorney.

1.17 FORM OF AGREEMENT BETWEEN CONSTRUCTION MANAGER AND SUBCONTRACTOR

A. Upon receipt of bids and award of Bid Packages as described above, the Owner shall assign Bid Package work to the Construc�on Manager which will hold the contracts with the Bidding Subcontractor. The Agreement for the Work will be the Construc�on Manager’s Subcontract Agreement, a sample copy of which is contained in the Bid Documents (refer to 00 22 00a and 00 22 00b).

B. The Construc�on Manager may reassign the Contracts to the Owner if required by law or may refuse assignment if a legal or contractual conflict prevents Construc�on manager from accep�ng assignment of any Contract. In such case, the Construc�on Manager shall manage said Contract in the same manner as Contracts assigned to the Construc�on Manager. By submi�ng a bid, Contractors agree they will either accept assignment to the Construc�on Manager or enter into a contract directly with the Owner (managed by the Construc�on Manager) using an AIA agreement writen for this purpose.

C. Construc�on Manager’s Subcontract Agreement for each awarded Bid Package shall be sent via email to the awarded bidder’s authorized signer who has signed the bid form.

1.18 AVAILABLE DOCUMENTS

A. The following documents shall be made available to bidders upon request and are incorporated into the bidding documents by reference:

a. AIA A133 – 2019 – Standard Form of Agreement Between Owner and Construc�on

Manager

b. AIA Document A133 – 2019 Exhibit B Insurance and Bonds

c. AIA 201 – 2017 – General Condi�ons of Contract for Construc�on

d. Cosgrove Construc�on Official Safety Manual

e. Sample Purchase Order Agreement e.1 Atachment C - Enumera�on of Documents- blank form e.2 000_Addi�onal Documents– Blank Forms F. Project Info Sheet – Blank Form

G. Billing Process for major Vendors – Blank Form

H. Sub�er Info – Blank Form

I. W-9 Form – Blank Form

J. Sub Info Sheet – Blank Form

f. Sample Subcontract Agreement

END OF SECTION 00 21 13

20654 Amherst Court, Joliet, Illinois 60433

THIS SUBCONTRACT made this day of by and between Cosgrove Construction, Inc (hereinafter "Contractor"), with an office and principal place of business at 20654 Amherst Ct. Joliet, IL 60433, and (hereinafter "Subcontractor") with an office and principal place of business at (hereinafter collectively "Parties").

WITNESSETH:

WHEREAS, Subcontractor and Contractor have entered into a contract dated for the construction of (hereinafter "Project"), according to the contract documents listed in ARTICLE 16 attached hereto (hereinafter "Contract Documents") which are made a part of this Subcontract insofar as they apply; and

WHEREAS, Contractor desires to subcontract certain work specified in the Contract Documents, and Subcontractor desires to perform said work at the prices and upon the terms and conditions hereinafter expressed;

WHEREAS, all documents comprising the Contract Documents are available for examination by Subcontractor, and Subcontractor represents that it has read and examined the Contract Documents and fully and completely understands them, or that it has had the full and complete opportunity to do so;

NOW, THEREFORE, in consideration of the mutual agreements herein expressed, the Parties contract, covenant and agree as follows:

1. Subcontractor’s Work

a. Subcontractor shall perform all work and shall furnish all supervision, labor, materials, plant, hoisting, scaffolding, tools, equipment, supplies and all other things necessary for the construction and completion of the work described in Exhibit A, and work incidental thereto and reasonably inferable therefrom, in strict accordance and full compliance with the terms of this Subcontract, and to the satisfaction of Contractor and Owner (hereinafter "Work").

b. With respect to the Work covered by this Subcontract, and except as expressly modified herein, Subcontractor shall have all rights which Contractor has under the Contract Documents, and Subcontractor shall assume all obligations, risks and responsibilities which Contractor has assumed towards Owner, and third parties as applicable, in the Contract Documents, and Subcontractor shall be bound to Contractor in the same manner and to the same extent that Contractor is bound to Owner or said third parties. In case of a conflict between this Subcontract Agreement and the

Contract Documents as incorporated herein, the terms of this Subcontract Agreement shall prevail.

To the extent relevant to their respective scopes of work, Subcontractor shall ensure that each of its subcontractors and suppliers are bound to the terms of this Subcontract Agreement and the Contract Documents.

c. Subcontractor shall assume sole responsibility for and shall perform, or cause to be performed, all special inspections and testing required by any applicable building code, regulations, or the Contract Documents relative to the Subcontractor's Scope of Work. To the fullest extent permitted by law, Subcontractor shall be liable to Contractor for any and all liability, costs, expenses, fines, penalties, and attorney's fees resulting from its failure to perform such duties.

2. Payment.

a. Contractor shall pay Subcontractor for performance of the Work, subject to additions and deductions by written change order, the total sum of (hereinafter "Subcontract Price").

b. Partial payment shall be due Subcontractor in the amount of 90% of the value of the Work in place, and for which payment has been made to Contractor by Owner. If the Contract Documents allow Contractor partial payments for stored materials, partial payments shall also be due Subcontractor in the amount of 90% of stored materials for which payment has been made to Contractor by Owner.

Within fifteen (15) days of execution of the Subcontract, and prior to submission of any payment application, Subcontractor shall submit a breakdown of the total Subcontract Price in a form and detail acceptable to Contractor. In the event Contractor disapproves said breakdown, Contractor shall establish a reasonable breakdown which shall serve as the basis for partial payments.

c. Partial payments shall be due seven (7) days following receipt of payment from Owner by Contractor. No partial payment made under this Subcontract shall be considered an acceptance of the Work in whole or in part. All material and Work covered by partial payments shall become the property of Contractor, or, if the Contract Documents so provide, the property of Owner immediately upon approval of payment; however, this provision shall not relieve Subcontractor from its responsibility for all Work as provided in Article 4.

d. Subcontractor shall not apply for payment of any sums on account of Work performed by any sub-subcontractor or vendor unless it intends to immediately pay such sums to them. The Subcontractor shall pay any amounts to its sub-contractors or vendors whether for labor performed or materials furnished within thirty (30) days after the Subcontractor receives payment from Contractor which encompasses labor or material furnished by such sub-contractor or vendor. After the first partial payment hereunder, Contractor shall have the right to withhold any subsequent partial payments until Subcontractor submits evidence satisfactory to Contractor that all previous amounts owed in connection with performance of this Subcontract have been paid. In addition to the requirements for payment in the Contract Documents, as requested by Contractor, Subcontractor may be required to furnish with any payment application (a) an affidavit stating that all obligations directly or indirectly related to any payment have been paid, (b) a waiver of lien rights and claim rights under any payment surety bond provided by Contractor, for all work performed on and material provided to the Project through the date of said payment application, all in a form acceptable to Contractor, and (c) certified copies of payrolls of Subcontractor and its subcontractors.

e. Final payment, including any retainage withheld under Paragraph 2.b., shall be made after (i) Subcontractor's Work has been accepted by Owner and Contractor, (ii) execution and delivery of a complete and final release of Contractor, Owner and Contractor's surety, if any, and a waiver of lien rights, or a release of any filed liens, in a form acceptable to Contractor from all persons or entities furnishing labor and/or materials in the performance of the Subcontract, (iii) satisfactory proof of payment of all amounts owed by Subcontractor in connection with this Subcontract has been provided, (iv) written consent of Subcontractor's surety has been received, (v) the Subcontractor's Work is complete, (vi) Subcontractor has provided warranties required by the Contract Documents,

(vii) submission of such other documents or instruments as Contractor may reasonably require or which are required by the Contract Documents, (viii) production of proof that the insurance coverage required by this Contract and Exhibit I has been procured and is in force and (ix) Contractor has been paid in full by Owner for the Subcontractor's Work. Final payment shall constitute a waiver of all claims by Subcontractor arising out of the Work or Subcontract.

f. Subcontractor accepts sole and exclusive liability for all taxes and contributions required of Subcontractor by federal, state or local laws or regulations, including, without limitation, the Federal Social Security Act and the Unemployment Compensation Law or similar laws in any state with respect to the employees of Subcontractor and the performance of the Work.

g. Contractor may withhold from any payment, including final payment, such amount as Contractor, in its discretion, deems reasonably necessary to protect itself against any actual or potential liability (including attorney's fees and costs) or damage directly or indirectly relating to the Subcontract arising from, or alleged to arise from, any act or omission by Subcontractor, regardless of whether or not the Owner has actually withheld payment from the Contractor.

3. Subcontractor’s Liability.

a. Subcontractor hereby assumes the entire responsibility and liability for all Work, supervision, labor and materials provided hereunder, whether or not erected in place, and for all plant, scaffolding, tools, equipment, supplies and other things provided by Subcontractor until final acceptance of the entirety of the Work by Owner. In the event of any loss, damage or destruction thereof from any cause, Subcontractor shall be liable therefor, and shall repair, rebuild and make good said loss, damage or destruction at Subcontractor's cost, subject only to the extent that any net proceeds are payable under any builder's risk property insurance that may be maintained by Owner or Contractor, if any.

b. Subcontractor shall be liable to Contractor for all costs Contractor incurs as a result of any failure of Subcontractor, or any of its suppliers or subcontractors of any tier, to perform.

c. To the fullest extent permitted by law, the Subcontractor shall indemnify, defend, and hold harmless the Contractor, Owner and their respective officers, directors, employees and agents (the "Indemnified Parties") from and against all claims, damages, demands, losses, expenses, fines, causes of action, suits or other liabilities, (including all costs reasonable attorneys' fees, consequential damages, and punitive damages), arising out of or resulting from, or alleged to arise out of or arise from, the performance of Subcontractor's Work under the Subcontract, whether such claim, damage, demand, loss or expense is attributable to bodily injury, personal injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; but only to the extent attributable to the negligence of the Subcontractor or any entity for which it is legally responsible or vicariously liable; regardless of whether the claim is presented by an employee of Subcontractor. Such indemnity obligation shall not be in derogation or limitation of any other obligation or liability of the Subcontractor or the rights of the Contractor contained in this Subcontract or otherwise. This indemnification shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor under any workers' compensation acts, disability benefits acts or other employee benefits acts. This indemnification shall be in addition to any indemnity liability imposed by the Contract Documents, and shall survive the completion of the Work or the termination of the Subcontract.

d. Subcontractor's assumption of liability is independent from, and not limited in any manner by, the Subcontractor's insurance coverage obtained pursuant to Article 4, or otherwise.

4. Subcontractor’s Insurance.

a. Prior to commencing the Work, Subcontractor shall procure, and thereafter maintain, at its own expense, until final acceptance of the Work or later as required by the terms of the Subcontract, insurance coverage required by the Contract Documents and this Subcontract. At a minimum, the types of insurance and minimum policy limits specified in Exhibit I shall be maintained in a form and from insurers acceptable to Contractor. All insurers shall have at least an A- (excellent) rating by A.M. Best and be qualified to do business in the jurisdiction where the Project is located.

5. Time of Performance.

a. Subcontractor will commence Work when directed by Contractor and Subcontractor will proceed with the Work in a prompt and diligent manner in accordance with the Project Schedule, attached hereto as Exhibit H, which may be amended from time to time by Contractor. TIME IS OF THE ESSENCE. Subcontractor shall be entitled to additional compensation for compliance with schedule amendments only to the extent, if any, that Contractor receives reimbursement from the Owner.

b. Subcontractor shall submit a detailed schedule for performance of the Subcontract, in a form acceptable to Contractor, which shall comply with all scheduling requirements of the Contract Documents and with Paragraph 6.a. above. Contractor may, at its sole discretion, direct Subcontractor to make reasonable modifications and revisions in said schedule.

c. Subcontractor will coordinate its Work with the work of Contractor, other subcontractors, and

Owner's other builders, if any, so no delays or interference will occur in the completion of any part or all of the Project.

6. Changes and Claims.

a. Contractor may, at any time, unilaterally or by agreement with Subcontractor, and without notice to the sureties, make changes in the Work. Any unilateral order, or agreement, under this Paragraph 6.a. shall be in writing, unless an emergency requires Subcontractor to proceed without a written order. Subcontractor shall immediately perform the Work as changed without delay.

b. Subcontractor shall submit in writing to Contractor, along with substantiating evidence deemed satisfactory by Contractor, any claims for adjustment in the Subcontract Price, schedule or other provisions of the Subcontract claimed by Subcontractor for changes directed by Owner, or for damages for which the Owner is liable, or as a result of deficiencies or discrepancies in the Contract Documents ("Owner Claims"), at least five (5) business days prior to the time specified in the Contract Documents, otherwise such claims are waived. Contractor shall process said Owner Claims according to the provisions of the Contract Documents so as to protect the interests of Subcontractor and others including Contractor. Subcontract adjustments shall be made only to the extent that Contractor receives relief from or must grant relief to Owner and then only based on Subcontractor's allocable share of such relief. Subcontractor's allocable share shall be determined by Contractor, after allowance of Contractor's normal overhead, profit and other interest in any recovery, by making a reasonable apportionment, if applicable, among Subcontractor, Contractor and other subcontractors or persons with interests in the adjustment. In no event shall the Contractor become or be liable to the Subcontractor on account of any such Owner Claims in excess of the amount actually received by Contractor from Owner on account of such claim. It is expressly acknowledged that receipt of payment by Contractor from Owner on account of any such Subcontractor's Owner Claims is an express condition precedent to any obligation of Contractor to pay such claims. This paragraph will also cover other equitable adjustments or other relief allowed by the Contract Documents.

c. SCOPE ADDS (Subcontractor) Cost of the Work as defined by this ARTICLE 5 plus 5% for Overhead and 5% for profit, and 1% for insurance. "Scope Adds" shall include the following costs reasonable incurred to perform a change in the Work:

d. Subcontractor shall give Contractor written notice of the claim within five (5) Days after the occurrence giving rise to the claim or within five (5) Days after subcontractor first recognizes the condition giving rise to the claim, whichever is later. Except in an emergency, notice shall be given before proceeding with the Work. Thereafter, Constructor shall submit written documentation of its claim, including appropriate supporting documentation, within ten (10) Days after giving notice, unless the Parties mutually agree upon a longer period of time. Contractor shall respond in writing denying or approving Subcontractor's claim no later than seven (7) Days after receipt of subcontractor's claim. Contractor's failure to so respond shall be deemed a denial of the claim. Any change in the Contract Price or the Contract Time resulting from such claim shall be authorized by Change Order.

e. Pending resolution of any claim, dispute or other controversy, nothing shall excuse Subcontractor from proceeding with prosecution of the Work.

7. Failures to Perform.

a. If, in the opinion of Contractor, Subcontractor shall at any time (1) refuse or fail to provide sufficient properly skilled workmen or materials of the proper quality, (2) fail in any respect to prosecute the Work according to the Project Schedule, (3) stop, delay, or interfere with the work of Contractor or any other builder or subcontractor, (4) fail to comply with all provisions of this Subcontract or the Contract Documents as incorporated herein, (5) be adjudged a bankrupt, or make a general assignment for the benefit of its creditors, (6) have a receiver appointed, or (7) become insolvent or a debtor in reorganization proceedings, then, after serving three (3) days written notice, unless the condition specified in such notice shall have been eliminated with such three (3) days, the Contractor may at its option (i) without voiding the other provisions of the Subcontract and without notice to the sureties, take such steps as are necessary to overcome the condition, in which case the Subcontractor shall be liable to Contractor for the cost thereof; (ii) terminate for default the Subcontractor's right to proceed under the Subcontract, or (iii) seek specific performance of Subcontractor's obligations hereunder, it being agreed by Subcontractor that specific performance may be necessary to avoid irreparable harm to Contractor and/or Owner.

b. In the event of termination for default, Contractor may, at its option, (1) enter on the premises and take possession, for the purpose of completing the Work, of all materials and equipment of Subcontractor, (2) require Subcontractor to assign to Contractor any or all of its subcontracts or purchase orders involving the Project; or (3) complete the Work either by itself, or through others, by whatever method Contractor may deem expedient. In case of termination for default, Subcontractor shall not be entitled to receive any further payment until the Work shall be fully completed and accepted by Owner.

c. If the Owner terminates any portion of the prime agreement with Contractor which includes the Work, then the Subcontract shall be similarly terminated and Subcontractor shall be entitled to such relief as may be granted to Contractor on Subcontractor's behalf consistent with Articles 1, 7 and 8 of the Subcontract.

d. In the event of termination for default or any other reason, the provisions of this Subcontract concerning the subcontractor's liability, indemnity and insurance obligations shall remain in full force and effect in conformance with and for the period(s) specified in those provisions.

8. Settlement of Disputes.

a. In case of any dispute between Contractor and Subcontractor, due to any Owner Claims, any act or omission of Owner or any entity for which the Owner is responsible, or involving the Contract

Documents, Subcontractor agrees, to the same extent that Contractor is bound to Owner, to be bound by the terms of the Contract Documents, and by any and all preliminary and final decisions or determinations made thereunder by the party, board or court so authorized in the Contract Documents or by law, whether or not Subcontractor is a party to such proceedings. In case of such dispute, Subcontractor will comply with all provisions of the Contract Documents allowing a reasonable time for Contractor to analyze and forward to Owner any required communications or documentation.