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R-25-12 Res Authorizing Agreement with Wight Construction Inc.Resolution No. R A Resolution Authorizing Agreement with Wight Construction, Inc. BE IT RESOLVED by the Village President and Board of Trustees of the Village of Lemont as follows: SECTION ONE: The Village Board finds that it is necessary, convenient and in the interest of the Village to enter into a Standard Form of Agreement with Wight Construction, Inc. at a contracted amount not to exceed $1,750,000.00. SECTION TWO: The Village Administrator is hereby authorized to negotiate and enter into such a Standard Form of Agreement with Wight Construction, Inc. and further, the Mayor and /or Village Administrator are authorized to execute the Standard Form of Agreement and to make minor changes to the document prior to execution which do not materially alter the Village's obligations, and to take any other steps necessary to carry out this resolution. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS on this 23rd day of April, 2012. Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio A TEST: PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN t CHARLENE M. SMOLLEN Village Clerk Authorization to enter into agreement with Wight Contractor (00125202) K. REAVES President STANDARD FORM OF AGREEMENT BETWEEN OWNER AND DESIGN - BUILDER Based on Cost of the Work Plus a Fee THIS AGREEMENT is made as of the 23 day of April, 2012. BETWEEN the Owner: Village of Lemont 418 Main Street Lemont, IL 60439 and the Design - Builder: Wight Construction, Inc. 2500 N. Frontage Road Darien, IL 60561 The Project is: Provide total professional Construction Management Services; Design Services to include Design Development, Construction Documents, Bidding and Construction Administration and all labor, material and equipment in such for the renovation of the Lemont Village Hall as described in the attached schematic design deliverable. (Exhibit B). The Owner and Design - Builder agree as set forth below. ARTICLE I THE PROJECT TEAM AND EXTENT OF AGREEMENT 1.1 The Project Team. The Design - Builder, the Owner and the Design - Builder's consultants and subcontractors, collectively called the "Project Team ", shall work cooperatively from the beginning of Design through construction completion. 1.2 Extent of Agreement. The Contract Documents represent the entire agreement between the Owner and the Design - Builder and supersedes all prior negotiations, representations or agreements. This Agreement shall not be superseded by any provisions of the documents for construction and may be amended only by written instrument signed by both Owner and Design - Builder. 1.3 Definitions 1.3.1 Contract Documents, which constitute the entire Agreement between the Owner and Design - Builder, consist of: 1.3.1.1 This Contract, including all exhibits thereto. 1.3.1.2 Scope Change Orders. Village of Lemont 1 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 1.3.1.3 Written amendments to this Agreement. 1.3.1.4 Owner's Project Criteria 1.3.1.5 Plans and Specifications 1.3.2 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents. 1.3.3 Hazardous Conditions are any materials, wastes, substances and chemicals deemed to be hazardous under applicable Legal Requirements, or the handling, storage, remediation, or disposal of which are regulated by applicable Legal Requirements. 1.3.4 Legal Requirements are all applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi - government entity having jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work. 1.3.5 Owners Project Criteria are developed by or for the Owner to describe Owner's program requirements and objectives for the project, including use, space, price, time, site and expandability requirements, as well as submittal requirements and other requirements governing Design - Builder's performance of the Work. 1.3.6 Project is the construction of the facilities described above. 1.3.7 Site is the land or premises on which the Project is located. 1.3.8 Subcontractor is a person or entity that has a direct contract with the Design - Builder to perform any work in connection with the Project, as well as all sub - subcontractors, suppliers and materialmen. 1.3.9 Substantial Completion is the date on which the Work, or agreed upon portion of the Work, is sufficiently complete so that the Owner can occupy and use the Project or a portion thereof for its intended purposes. 1.3.10 Work is comprised of all Design - Builder's construction, design, preconstruction and other services required by the Contract Documents, including procuring and furnishing all materials, equipment, services and labor reasonably inferable from the Contract Documents ARTICLE 2 DESIGN - BUILDER'S SERVICES & RESPONSIBILITIES 2.1 General Services. Design - Builder's Representative shall be reasonably available to Owner and shall have the necessary expertise and experience required to supervise the Work. Design - Builder's Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of Design - Builder. 2.1.1 Design - Builder shall provide Owner with a monthly status report detailing the progress of the Work, including whether (i) the Work is proceeding according to schedule, (ii) discrepancies, conflicts or ambiguities exist in the Contract Documents that require resolution, (iii) health and safety issues exist in connection with the Work, and (iv) other items require resolution so as not to jeopardize Design - Builder's ability to complete the Work for the Contract Price and within the Construction Schedule(s). Village of Lemont 2 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 2.1.2 The parties shall meet within seven (7) days after execution of the Agreement, or as otherwise mutually agreed, to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those related to submittals and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. 2.2 Design Professional Services. Design - Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design - Builder, or procured from qualified, independent licensed Design Consultants, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit the Design - Builder to complete the Work consistent with the Contract Documents. The Project Team shall work closely together to see that design is accomplished in accordance with the Contract Documents and any changes that have been agreed to. 2.3 Design /Preconstruction Services 2.3.1 Design - Builder and Owner shall, consistent with any applicable provision of the Contract Documents, agree upon any interim design submissions that Owner may wish to review, which interim design submissions may include design criteria, drawings, diagrams and specifications setting forth the Project requirements. On or about the time of the scheduled submissions, Design - Builder and Owner shall meet and confer about the submissions, with the Design - Builder identifying during such meetings, among other things, the evolution of the design and any significant changes or deviations from the Contract Documents, or, if applicable, previously submitted design submissions. Minutes of the meetings shall be maintained by the Design - Builder and provided to all attendees for review. Following the design review meeting Owner shall review and approve the interim design submissions in a time that is consistent with the turnaround times set forth in Design - Builder's schedule. 2.3.4 2.3.6 Design Development Documents. The Design - Builder shall submit for the Owner's written approval Design Development Documents based on the approved Schematic Design Documents. The Design Development Documents shall further define the Project including drawings and outline specifications fixing and describing the Project size and character, and Village of Lemont Village Hall Renovation 3 Project No: 07- 5011 -05 4/19/2102 other appropriate elements incorporating the structural, architectural, mechanical, and electrical systems. One set of these documents shall be furnished to the Owner. The Design - Builder shall update the preliminary schedule and estimate based on the Design Development Documents. 2.3.7 Construction Documents. The Design - Builder shall submit for the Owner's written approval Construction Documents based on the approved Design Development Documents. The Construction Documents shall set forth in detail the requirements for construction of the Work, and shall consist of drawings and specifications based upon codes, laws or regulations enacted at the time of their preparation. Construction shall be in accordance with these approved Construction Documents. One set of these documents shall be furnished to the Owner. The Design - Builder shall update the schedule and estimate based on the Construction Documents. 2.3.8 Owner's review and approval of interim design submissions and the Construction Documents is for the purpose of mutually establishing a confirmed set of Contract Documents compatible with the requirements of the Work. Neither Owner's review nor approval of any interim design submissions and Construction Documents shall be deemed to transfer any design liability from Design - Builder to Owner. 2.3.9 To the extent not prohibited by the Contract Documents or Legal Requirements, Design - Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. 2.3.10 Legal Requirements. The Design - Builder shall give notices and comply with laws, ordinances, rules, regulations and lawful orders of public authorities relating to the Project. 2.3.10.1 The Contract Price and /or Construction Schedule(s) shall be adjusted to compensate Design - Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work. Such effects may include, without limitation, revisions Design - Builder is required to make to the Construction Documents because of Legal Requirements. 2.4 Bidding /Construction Phase Services. 2.4.1 The Construction Phase will commence upon the issuance by the Owner of a written notice to proceed with construction. 2.4.2 Design - Builder shall perform all construction activities efficiently and with the requisite expertise, skill and competence to satisfy the requirements of the Contract Documents. Design - Builder shall at all times exercise complete and exclusive control over the means, methods, sequences and techniques of construction. 2.4.3 The Design - Builder shall keep such full and detailed accounts as may be necessary for proper financial management under this Agreement, and shall furnish the Owner with an estimated cash flow schedule for the Project, if requested. Design - Builder shall provide the Owner with a Schedule of Values allocated to major segments of work for the Project, if requested. 2.4.4 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a separate contractor, Design - Builder shall provide through itself or subcontractors the necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery, temporary utilities and other temporary facilities to permit Design - Builder to complete construction of the Project consistent with the Contract Documents. Village of Lemont 4 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 2.4.5 Design - Builder shall employee only subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Owner may reasonably object to Design- Builder's selection of any Subcontractor, provided that the Contract Price and /or Construction Schedules(s) shall be adjusted to the extent that the Owner's decision impacts Design - Builder's cost and /or time of performance. 2.4.6 The Design- Builder shall provide the Owner with a design and construction schedule for the Project (Exhibit C). This Construction Schedule indicates the dates for the starting and completion of the various stages of the design and construction, including the dates when information and approvals are required from the Owner and contains the necessary information to allow the Owner to monitor the progress of the work. It shall be revised as required by the conditions of the Work. 2.4.7 The Design - Builder shall assist the Owner in securing the building permits necessary for the construction of the Project. 2.4.8 The Design - Builder shall take necessary precautions for the safety of its employees on the Work, and shall comply with all applicable provisions of federal, state and municipal safety laws and shall include in all subcontracts provisions which require its subcontractors to be responsible for the safety of their employees on the Work, and to comply with all applicable provisions of federal, state and municipal safety laws. 2.4.9 The Contract Price and /or Construction Schedule(s) shall be adjusted to compensate Design - Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work. 2.4.10 The Design - Builder shall keep the premises of the Project free from accumulation of waste materials caused by the Design - Builder's operations. At the completion of the Work, the Design - Builder shall remove from the Project all tools, surplus materials, construction equipment, machinery, and waste materials. 2.4.11 The Design - Builder shall maintain in good order at the site one record copy of the drawings, specifications, shop drawings, Change Orders and other Modifications, marked currently to record changes made during construction. These shall be delivered to the Owner upon completion of the Project, along with electronic drawing files on diskette utilizing AutoCAD software. 2.4.12 The Design - Builder shall be permitted to install a 5" diameter stainless steel identification plaque at a publicly visible location to be determined jointly. 2.5 Warranties 2.5.1 The Design - Builder warrants to the Owner that all materials and equipment furnished under this Agreement shall be new, unless otherwise specified, unless existing material is designated to be reused, and that all construction work shall be of good quality, free from improper workmanship and defective materials. The Design - Builder agrees to correct all work performed by it under this Agreement which proves to be defective in material or workmanship within a period of one year from the date of Substantial Completion as defined in Paragraph 6.2, provided that this warranty covers equipment, accessories and parts manufactured by others only to the extent of liability to Design - Builder on the part of the manufacturer thereof, and no warranty is provided for Owner provided equipment. Any warranty or guarantee obtained by Design - Builder from any such manufacturer shall be deemed to have been obtained for the benefit of Owner. Village of Lemont 5 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 2.5.2 The Design - Builder shall secure required certificates of inspection, testing or approval required for building construction and deliver them to the Owner. 2.5.3 The Design - Builder shall collect all equipment manuals and deliver them to the Owner, together with all written warranties from equipment manufacturers. 2.6 Tax Exemption. If in accordance with the Owner's direction an exemption is claimed for taxes, the Owner agrees to defend, indemnify and hold harmless the Design - Builder from any liability, penalty, interest, fine, tax assessment, attorneys fees or any other expense or cost incurred by the Design - Builder as a result of any action taken by the Design - Builder in accordance with the Owner's direction. 2.7 Additional Services. The Design - Builder shall provide or procure the following Additional Services upon the request of the Owner. A written agreement between the Owner and Design - Builder shall define the extent of such Additional Services. 2.7.1 Documentation of the Owner's Program, establishing the Project budget, investigating sources of financing, general business planning and other information and documentation as may be required to establish the feasibility of the Project. 2.7.2 Consultations, negotiations and documentation supporting the procurement of Project financing. 2.7.3 Surveys, site evaluations, legal descriptions and aerial photographs. 2.7.4 Appraisals of existing equipment, existing properties, new equipment and developed properties. 2.7.5 Soils, subsurface and environmental studies, reports and investigations required for submission to governmental authorities or others having jurisdiction over the Project. 2.7.6 Consultations and representations in securing building permits, before governmental authorities or others having jurisdiction over the Project. 2.7.7 Investigating or making measured drawings of existing conditions or the verification of drawings or other Owner - provided information. 2.7.8 Artistic renderings, models and mockups of the Project or any part of the Project or Work. 2.7.9 Inventories of existing furniture, fixtures, furnishings and equipment which might be under consideration for incorporation into the Work. 2.7.10 Interior design and related services including procurement and placement of furniture, furnishings, artwork and decorations. 2.7.11 Making revisions to the Schematic Design, Design Development, Construction Documents or documents forming the basis of the Contract Price after they have been approved by the Owner, and which are due to causes beyond the control of the Design - Builder. 2.7.12 Design, coordination, management and other services supporting the procurement of materials to be obtained, or work to be performed by the Owner, including but not limited to telephone systems, computer wiring networks, sound systems, alarms, security systems and other specialty systems which are not part of this Agreement. 2.7.13 Estimates, proposals, appraisals, consultations, negotiations and services in connection with the repair or replacement of an insured loss. Village of Lemont 6 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 2.7.14 The premium portion of overtime work ordered by the Owner including productivity impact costs. 2.7.15 Document reproduction exceeding the limits provided for in this Agreement. 2.7.16 Obtaining service contractors and training maintenance personnel, assisting and consulting in the use of systems and equipment after the initial start up, and training and balancing of systems and equipment. 2.7.17 Services for tenant or rental spaces not a part of the Agreement. 2.7.18 Services requested by the Owner or required by the Work which are not specified in the Contract Documents and which are not normally part of generally accepted design and construction practice. 2.7.19 Serving or preparing to serve as a witness in connection with any proceeding, legal or otherwise, regarding the Project. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 The Owner shall provide full information in a timely manner regarding its requirements for the Project. 3.2 The Owner shall designate a representative who shall be fully acquainted with the Project, and have authority to approve changes in the scope of the Project. Owner's representative shall render approvals and decisions promptly, and furnish information expeditiously and in time to meet the dates set forth in the Schedule. The Owner's designated representative is the Village Administrator. Any change in the Owner's designated representative shall be mutually agreeable by both parties and such change shall be documented in writing within five days upon agreement. 3.3 If the Owner becomes aware of any fault or defect in the Work or nonconformance with the Drawings or Specifications, it shall give prompt written notice thereof to the Design - Builder. 3.4 The Owner shall furnish a legal description and certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property, rights -of -way restrictions, easements, encroachments, zoning, deed restrictions, elevations and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available services and utility lines, both public and private, above grade and below grade, including inverts and depths. 3.5 The Owner shall furnish services of geotechnical engineers and other consultants when such services are deemed necessary by the Design - Builder. Geotechnical engineers or other consultants shall be selected by mutual agreement. Such services shall include, as required, applicable test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, and other necessary operations for determining subsoil, air and water conditions, with reports and appropriate professional recommendations. 3.6 The services and information required by the above paragraphs shall be furnished with reasonable promptness at Owner's expense and the Design - Builder shall be entitled to rely upon the accuracy and the completeness thereof. Village of Lemont 7 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 3.7 At Design - Builder's request, Owner shall promptly furnish reasonable evidence satisfactory to Design - Builder that Owner has adequate funds available and committed to fulfill all of Owner's contractual obligations under the Contract Documents. If Owner fails to furnish such financial information in a timely manner, Design - Builder may stop Work under Section 15.8 hereof or exercise any other right permitted under the Contract Documents. 3.8 Owner shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees. 3.9 The Owner shall pay for all utility connection fees and special facility charges, if required, rendered by utilities for connection of permanent utility services to the Project. 3.10 Owner is responsible for all work performed on the Site by separate contractors under the Owner's control. Owner shall reasonably attempt to require its separate contractors to cooperate with, and coordinate their activities so as not to interfere with, Design - Builder in order to enable Design - Builder to timely complete the Work consistent with the Contract Documents. 3.11 The Owner shall communicate with Architect /Engineer, consultants, subcontractors, and suppliers only through the Design - Builder. ARTICLE 4 HAZARDOUS CONDITIONS ST DIFFERING SITE CONDITIONS 4.1 Hazardous Conditions. Unless otherwise expressly provided in the Contract Documents to be a part of the Work, Design - Builder is not responsible for any Hazardous Conditions encountered at the Site. Upon encountering any Hazardous Conditions, Design - Builder will stop Work immediately in the affected area and duly notify the Owner and, if required law, all government or quasi - government entities with jurisdiction over the project Site. 4.1.1 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include Owner retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that Owner must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 4.1.2 Design - Builder shall be obligated to resume Work at the affected area of the Project only after Owner's expert provides it with written certification that (i) the Hazardous Conditions have been remove or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi - government entities having jurisdiction over the Project or Site. 4.1.3 Design - Builder will be entitled to an adjustment in its Contract Price and /or Construction Schedule(s) to the extent Design- Builder's cost and /or time of performance have been adversely impacted by the presence of Hazardous Conditions. 4.1.4 To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless Design - Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly for any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorney's fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site. Village of Lemont 8 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 4.1.5 Notwithstanding the preceding provisions of the Section 4, Owner is not responsible for Hazardous Conditions introduced to the Site by Design - Builder, Subcontractors or anyone for whose acts they may be liable. Design - Builder shall indemnify, defend and hold harmless Owner and Owner's officers, directors, employees an agents from and against all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the Site by Design - Builder, Subcontractors or anyone for whose acts they may be liable. 4.2 Differing Site Conditions. Concealed or latent physical conditions or subsurface conditions at the Site that (i) materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work are collectively referred to herein as "Differing Site Conditions ". Design - Builder will be entitled to an adjustment in the Contract Price and /or Construction Schedule(s) to the extent Design - Builder's cost and /or time of performance are adversely impacted by the Differing Site Condition. 4.2.1 Upon encountering a Differing Site Condition, Design - Builder shall provide prompt written notice to Owner of such condition, which notice shall not be later then seven (7) days after such condition has been encountered. Design - Builder shall, to the extent reasonably possible, provide such notice before the Differing Site Condition has been substantially disturbed or altered. ARTICLE 5 SUBCONTRACTS AND OTHER AGREEMENTS 5.1 The Design - Builder shall act on behalf of the Owner as the Owner's agent. All subcontracts shall be deemed to have been obtained for the benefit of the Owner and the Owner shall be deemed to be a third -party beneficiary of each and every subcontract. 5.2 Those portions of the work that the Design - Builder does not perform with the Design - Builder's own personnel shall be performed under subcontracts or by other appropriate agreements with the Design - Builder. The Design - Builder shall only obtain bids and /or proposals from such Subcontractors and from suppliers of materials or equipment fabricated especially for the work. The Owner may request specific persons or entities from whom the Design - Builder shall obtain bids; however, the Design - Builder is not obligated or required to seek bids or contract with anyone to whom the Design - Builder has reasonable objection. 5.3 Subcontracts or other agreements shall conform to the payment provisions of Article 14 and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. 5.4 Design - Builder shall notify Owner of the identity of all Subcontractors and material suppliers, if requested by the Owner, prior to entry of such Subcontractors or material suppliers into the project and shall provide copies of Contracts, Performance and Payment Bonds, if required, and Insurance Certificates to Owner. 5.5 All subcontractors will be required to be licensed with the Village of Lemont per the Lemont Municipal Code section 15.00.070(A) and Chapter 5.20. 5.6 The Owner and Design - Builder shall determine together, the lowest qualified bidder. 5.7 Design - Builder acknowledges that Owner is a public entity obligated by law to publicly bid work in excess of $20,000.00. Further, the Design - Builder acknowledges all work must be in compliance with the prevailing wage act as required by law. Village of Lemont 9 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 ARTICLE 6 DATE OF COMMENCEMENT, SUBSTANTIAL COMPLETION AND FINAL COMPLETION 6.1 Consistent with the Construction Schedule (Exhibit C) Construction shall commence on July 9, 2012. The Design - Builder shall diligently prosecute the Work and achieve Substantial Completion no later than November 21, 2012 and final completion no later than December 19, 2012. 6.2 If the Design - Builder is delayed in the progress of the Project by acts or neglect of the Owner, Owner's employees, separate contractors employed by the Owner, changes ordered in the Work not caused by the fault of the Design - Builder, labor disputes, fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties, or conditions defined in Article 4, or other causes beyond the Design - Builders' control, or by delay authorized by the Owner's pending arbitration or another cause, the Construction Schedule shall be reasonably extended by Change Order. 6.3 Commencement of Warranties. Warranties called for by this agreement or by the Drawings and Specifications shall commence on the Date of Substantial Completion of the Project or designated portion thereof, as reflected by the Certificate of Substantial Completion. ARTICLE 7 COMPENSATION The Design - Builder shall be paid by the Owner a Contract Price consisting of the Cost of the Work as defined in Article 8 and the Design - Builder's fee as set forth below: 7.1 Design /Preconstruction Phase Compensation. The cost of services performed by the Architect /Engineer Contracted directly with the Owner and is computed separately and is independent from the Design - Builder's compensation for work or services directly performed by the Design - Builder; these costs shall be shown as separate items on the applications for payment. 7.1.1 The Owner shall compensate the Design -Build Contractor for services performed during the Design /Preconstruction Phase as described in Article 2 as follows: 7.1.1.1 Preconstruction services shall be performed for a Fixed Fee of Eight Thousand Dollars and 00 /100 ($8,000). 7.1.1.2 Architectural /Engineering services shall be performed for a Fixed Fee of One Hundred Forty Five Thousand Dollars and 00 /100 ($145,000). 7.1.1.3 Architectural /Engineering reimbursable expenses will be paid at direct cost up to a budget of Four Thousand and 00/100 Dollars ($4,000). Reimbursable expenses over this amount will be reviewed and approved by the Village Administrator. 7.1.2 Compensation for Design /Preconstruction Phase Services shall be equitably adjusted if such services extend beyond 240 days from the date of this Agreement for reasons beyond the reasonable control of the Design - Builder or as provided in Article 12. 7.1.3 Payments for Design /Preconstruction Phase Services shall be due and payable within twenty (20) days following presentation of the Design - Builder's monthly invoice to the Owner. If the Owner fails to pay the Design - Builder as agreed, then the Design - Builder shall have the right to stop the Work and be entitled to payments due plus interest as provided in Paragraph 13.2. Village of Lemont 10 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 7.2 Bidding /Construction Phase Compensation. The Owner shall compensate the Design - Builder for Work performed following the commencement of the Bidding and Construction Phase on the following basis: 7.2.1 The cost of the Work as allowed in Article 8; and 7.2.2 The Design - Builder's Fee shall be a fixed fee of Forty Thousand Dollars and 00/100 ($40,000), subject to adjustment as provided in Paragraph 7.5. The Design - Builder's Fee is based on an estimated hard cost of $1,699,938. The Design - Builder's Fee shall be paid proportionally to the ratio that the monthly Cost of the Work bears to the total estimated Cost of the Work. 7.3 Payment for Construction Phase Services shall be as set forth in Article 13. 7.4 Design - Builder's Fee. The Design - Builder's Fee includes the following: 7.4.1 General and administrative expenses of the Design - Builder's principal and branch offices other than the field office, except as may be expressly included in Article 8; and 7.4.2 The Design- Builder's capital expenses, including interest on the Design- Builder's capital employed for the Work. 7.5 Adjustment in the Design - Builder's Fee. Adjustment in the Design - Builder's Fee shall be made as follows: 7.5.1 For changes in the Work as provided in Article 12, the Design - Builder's Fee shall be adjusted as follows: Changes shall be priced at the "direct cost" of the charge, plus a mutually acceptable cost for (i) Overhead Items attributable to such change; and (ii) fee with respect to such change, exclusive of the Overhead Items. 7.5.2 For delays in the Work not caused by the Design - Builder, there will be an equitable adjustment in the Design - Builder's Fee to compensate the Design - Builder for increased expenses; and 7.5.3 If the Design - Builder is placed in charge of managing the replacement of an insured or uninsured loss not the fault of the Design - Builder, the Design - Builder shall be paid an additional Fee in the same proportion that the Design - Builder's Fee bears to the estimated Cost of the Work. ARTICLE 8 COST OF THE WORK 8.1 The term Cost of the Work shall mean costs necessarily incurred by the Design - Builder in good faith in the proper performance of the Work approved by the Owner. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in this Article 8. 8.1.1 Labor Costs 8.1.1.1 Wages of construction workers directly employed by the Design - Builder to perform the construction of the Work at the site or, at the off -site workshops. 8.1.1.2 Wages or salaries of the Design - Builder's supervisory and administrative personnel in connection with performance of the Work when stationed at the site. Village of Lemont 11 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 8.1.1.3 Wages or salaries of the Design - Builder's personnel engaged off -site, but only for that portion of their time required for the Work. Personnel engaged at shops or on the road in expediting the product or transportation of materials or equipment, shall be considered stationed at the field office, and their salaries paid for that portion of their time spent on this Work. 8.1.1.4 Costs paid or incurred by the Design - Builder for taxes, insurance contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pension (but not merit bonuses) provided such costs are based on wages and salaries included in the Cost of the Work under Clauses 8.1.1.1 through 8.1.1.3. 8.1.1.5 Payments properly made by Design - Builder to Subcontractors and Design Consultants for performance of portions of the Work, including any insurance and bond premiums incurred by Subcontractors and Design Consultants. 8.1.1.6 Costs incurred by the Design - Builder in preparing and maintaining progress schedules and reports, including computer and data processing expenses. 8.1.2 Subcontract Costs 8.1.2.1 Payments made by the Design - Builder to Subcontractors in accordance with the requirements of the subcontracts properly entered into under this Agreement. 8.1.2.2 Cost of premiums for all bonds required entered into under this agreement 8.1.3 Costs Of Materials & Equipment Incorporated In The Completed Construction 8.1.3.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. 8.1.3.2 Cost of materials described in the preceding Clause 8.1.3.1 in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be properly stored during the performance of the Work and turned over to the Owner at the completion of the Work or, at the Owner's option, shall be sold by the Design - Builder; amounts realized, if any, form such sale shall be credited to the Owner as a deduction form the Cost of the Work. 8.1.4 Costs Of Other Materials And Equipment, Temporary Facilities And Related Items 8.1.4.1 Costs, including transportation and maintenance, of all materials, supplies, office equipment, computers, software, temporary facilities and hand tools (not owned by the workmen) consumed in the performance of the Work by the Design - Builder. Any items used but not consumed, which are paid for by Owner, shall become the property of the Owner and shall be delivered to Owner upon completion of the Work in accordance with instructions furnished by Owner. Design - Builder may, however, agree to purchase any such items from Owner at a purchase price equal to the original cost to Owner less the reduction in fair market value resulting directly from use of any such item in connection with the Work or such other price which is mutually acceptable to Owner with any information and documentation necessary to verify the period of time for which such items were used in connection with the Work. Village of Lemont 12 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 8.1.4.2 Rental charges of all necessary trailers, machinery and equipment, exclusive of hand tools, used at the site of the Work, whether rented from Design - Builder or others, including installation, minor repairs and replacements, dismantling, removal, transportation and delivery costs thereof. Such rental charges shall be consistent with those generally prevailing in the location of the Project. 8.1.4.3 Costs of removal of debris from the site. 8.1.4.4 Costs in connection with performance of the Work of telegrams and long- distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. 8.1.4.5 Costs of all temporary utilities, fencing, winter conditions, site access remediation or stabilization costs. 8.1.4.6 Site security costs as approved by the Owner. 8.1.5 Miscellaneous Costs 8.1.5.1 Sales, use or similar taxes imposed by a governmental authority which are related to the Work and for which the Design - Builder is liable. 8.1.5.2 Fees and assessments for the building permit and for other permits, licenses and inspections for which. the Design - Builder is required by the Contract Documents to pay. 8.1.5.3 Fees of testing laboratories for tests required by the Contract Documents, deemed necessary by the Design - Builder. 8.1.5.4 All fuel and utility costs incurred in the performance of the Work. 8.1.5.5 Sales, use or similar taxes, tariffs or duties incurred in the performance of the Work. 8.1.5.6 Deposits lost for causes other than the Design - Builder's fault or negligence. 8.1.5.7 Expenses for local travel to and from the site for all of the Design - Builder's personnel for all work that is required to be performed at the project site. 8.1.5.8 Expenses for travel, lodging and subsistence for the Design - Builder incurred while traveling in discharge of his duties associated with the work. All long distance travel requiring airfare and overnight accommodations shall be pre- approved by the Owner. 8.1.5.9 Losses and expenses for personal injury and property damage not compensated by insurance or otherwise sustained by the Design - Builder in connection with the Work, provided they have resulted from causes other than the fault or neglect of the Design - Builder. Such losses shall include settlements, made with the written consent and approval of the Owner. Village of Lemont 13 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 8.1.6 Other Costs 8.1.6.1 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner. 8.1.6.2 Costs incurred by the Design - Builder in repairing or correcting defective, damaged or nonconforming Work, provided that such defective, damaged or nonconforming Work was beyond the reasonable control of the Design - Builder, or caused by the ordinary mistakes or inadvertence, and not the negligence, of the Design - Builder or those working by or through the Design - Builder. 8.1.6.3 Demobilization and remobilization costs. 8.1.7 Emergencies: Repairs To Damaged, Defective Or Nonconforming Work - The Cost of the Work shall also include costs that are incurred by the Design - Builder: 8.1.7.1 In taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, to the extent not caused or capable of prevention through proper performance of the Work by the Design - Builder, a Subcontractor or anyone for whom either is responsible. 8.1.7.2 In correcting defective, damaged or non - conforming Work, but only is such Work is performed, supplied or damaged by a Subcontractor, or material supplier and not corrected by them, provided that such defective, damaged or non- conforming Work did not result from the fault or negligence of the Design - Builder, and only to the extent that the cost of correcting the defective, damaged or non - conforming Work is not recoverable by the Design - Builder from the Subcontractor or material supplier or others and the Design - Builder is not compensated therefore by insurance or otherwise. In no event shall the total cost of defective, damaged or non - conforming Work, together with all reimbursable costs, exceed the Estimated Cost of the Work, without written approval in advance from the Owner. 8.1.7.3 Costs as defined herein shall be actual costs paid by the Design - Builder, subject to Article 10 of the Agreement. All payments made by the Owner pursuant to this Article 8, whether those payments are actually made before or after the execution on the Contract, are included within the Estimated Cost of the Work specified in Article 7. Provided, however, that in no event shall the Owner be required to reimburse Design - Builder for any portion of the Cost of the Work incurred prior to the Commencement Date unless Design- Builder has received the Owner's written consent prior to incurring such cost. 8.2 Design - Builder hereby agrees and acknowledges that there shall be no duplication of payments for any of the items comprising the Cost of the Work including the General Conditions Costs, notwithstanding any itemization or provision contained in the Contract documents to the contrary, including without limitations, this Article 8. 8.3 The Cost of the Work includes a Contingency in the amount of $245,000, which is available for the Design- Builder's use, for costs that are incurred in performing the Work that are not included in a specific line item. By way of example, and not as a limitation, such costs included, but will not be limited to, trade buy -out differentials, overtime, acceleration, costs in correcting defective, damaged or nonconforming Work and Subcontractor defaults. The Contingency is not intended for use for changes in scope unless agreed in advance by the Owner and Design - Builder. The Contingency cannot be used to increase the Fee of the Design - Builder, unless expressly authorized by the Owner. The Design - Builder shall provide the Owner with notice of all anticipated charges against the Village of Lemont 14 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 Contingency and seek approval of the Owner in advance of such use. Such approval shall not be unreasonably withheld causing delay to the project. If any Contingency remains at the final completion of the project, the savings shall accrue to the Owner. The Owner's Authorized Representative may authorize up to $20,000 expenditure of Contingency at one time. Individual expenditures of Contingency exceeding $20,000 will require the Owner's Corporate Authority approval. ARTICLE 9 COSTS NOT TO BE REIMBURSED 9.1 The Cost of the Work shall not include: 9.1.1 Salaries and other compensation of the Design - Builder's personnel stationed at the Design - Builder's principal office or offices other than the site office, except as specifically provided in Article 8. 9.1.2 Expenses of the Design - Builder's principal office and offices other than the site office except specifically provided in Article 8. 9.1.3 Overhead and general expenses, except as may be expressly included in Article 8, including but not limited to the costs of Design - Builder's taxes, licenses or other levies in connection with the general conduct of its business, including Federal and State income taxes. 9.1.4 The Design - Builder's capital expenses, including interest on the Design - Builder's capital employed for the Work. ARTICLE 10 DISCOUNTS, REBATES AND REFUNDS 10.1 Cash discounts obtained on payments made by the Design - Builder shall accrue to the Owner if (1) the Design - Builder included them in an Application for Payment and received payment therefore from the Owner, or (2) the Owner has deposited funds with the Design - Builder with which to make payments. Cash discounts for items or services not paid for by Owner shall accrue to the Design - Builder. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Design - Builder shall make provisions so that they can be secured. ARTICLE 11 ACCOUNTING RECORDS 11.1 The Design - Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract. ARTICLE 12 CHANGES IN THE PROJECT 12.1 Scope Change Orders. Any work not contained in the Contract Documents shall be a change and shall be performed by Design - Builder only pursuant to a written Change Order to this Agreement issued by Owner if such work increases or decreases the Contract Price. Such a Change Order may increase or decrease the Work within the general scope of this Agreement. If this Change Order causes an increase in the cost of the work Design - Builder shall be paid a lump sum acceptable to both parties. If the parties are unable to agree upon a lump sum for the additional work, Design - Builder shall be reimbursed for the cost of such work, as determined in accordance with Article 8. If the Change Order causes a decrease in the cost of the Work, the Contract Price shall be decreased by the amount of Design - Builder's Village of Lemont 15 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 determination of the decrease of the cost in labor, materials and equipment no longer required, based upon the Schedule of Values furnished pursuant to Paragraph 2.1.3. All Change Orders to the Project Scope shall reflect the following: a) A change in the Work; b) The amount of the adjustment in the Contract Price; if any c) The extent of the adjustment in the Contact Time, if any. 12.2 Concealed Conditions. If concealed or unknown conditions that affect the performance of the Work and vary from those indicated by the Contract Documents are encountered, which conditions are not ordinarily found to exist or which differ materially from those generally recognized as inherent in work of the character provided for under this Agreement, notice by the observing party shall be given promptly to the other party and, if possible, before conditions are disturbed. The Contract Price and Construction Schedule shall be equitably adjusted for such concealed or unknown conditions by Change Order upon claim made by Design - Builder. 12.3 The Design - Builder will provide estimates for proposed minor changes in the Work to the Owner at no cost. For potential changes in the work which will require significant effort by the Design - Builder to evaluate and price, the Design - Builder will be provide the Owner an estimate of the level of effort involved prior to working on the proposal. If Owner requests a proposal for a change in the Work from the Design - Builder and subsequently elects not to proceed with the change, a Change Order shall be issued to reimburse Design - Builder for reasonable costs incurred for estimating services and services involved in the preparation of proposed revisions to the Contract Documents. 12.4 Construction Change Directives 12.4.1 A Construction Change Directive for a value equal to or less than $20,000 is a written order signed by the Owner's representative. A Construction Change Directive for a value greater than $20,000 must be provided in the form a resolution by the Owner's Corporate Authorities. Either Directive is an order directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Price or Construction Schedule, or both. 12.4.2 A Construction Change Directive shall be used in the absence of total agreement on an adjustment on the term of a Change Order. 12.4.3 If the Construction Change Directive provides for an adjustment to the Contract Price, the adjustment shall be based on 12.6. 12.4.4 Upon receipt of a Construction Change Directive, the Design - Builder shall advise the Owner of the Design - Builder's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Price or Construction Schedule. Upon agreement with the Contract Price and /or Construction Schedule, Design - Builder shall proceed with the change in the work. 12.4.5 A Construction Change Directive signed by the Design - Builder indicates the agreement of the Design - Builder therewith, including adjustment in Contract Price and Construction Schedule or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 12.5 Minor Changes in the Work 12.5.1 Minor Changes in the Work do not involve an adjustment in the Contract Price and /or Village of Lemont 16 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 Construction Schedule(s) and do not materially and adversely affect the Work, including the design, quality, performance and workmanship required by the Contract Documents. Design - Builder may make minor changes in the Work consistent with the intent of the Contract Documents, provided, however that Design - Builder will record such changes, where appropriate, on the documents maintained by Design - Builder. 12.6 Contract Price Adjustments 12.6.1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods: 12.6.1.1 Unit prices set forth in the Agreement or as subsequently agreed to between the parties; 12.6.1.2 A mutually accepted, lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation by Owner; 12.6.1.3 Cost, fees and any other markups set forth in the Agreement; and 12.6.1.4 If the net result of both additions and deletions to the Work is a decrease in the Contract Price, there shall be no overhead or profit adjustment to the Contract Price. 12.6.2 If the Owner and Design - Builder disagree upon whether Design - Builder is entitled to be paid for any services required by Owner, or if there are any other disagreements over the scope of Work or proposed change to the Work, Owner and Design - Builder shall resolve the disagreement pursuant to Article 16 hereof. As part of the negotiation process, Design- Builder shall furnish Owner with a good faith estimate of the costs to perform the disputed services in accordance with Owner's interpretations. If the parties are unable to agree and Owner expects Design - Builder to perform the services in accordance with Owner's interpretations, Design - Builder shall proceed to perform the disputed services, conditioned upon Owner issuing written order to Design - Builder (i) directing Design - Builder to proceed and (ii) specifying Owner's interpretation of the services that are to be performed. If this occurs, Design - Builder shall be entitled to submit in its Applications for Payment an amount equal to of its reasonable estimated cost to perform the services, and Owner agrees to pay such amounts, with the express understanding that such payment by Owner does not prejudice Owner's right to argue that it has no responsibility to pay for such services. 12.7 Emergencies 12.7.1 In any emergency affecting the safety of persons and /or property, Design - Builder shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price and /or Construction Schedule(s) on account of emergency work shall be determined as provided in this Article 12. ARTICLE 13 PAYMENTS TO THE DESIGN - BUILDER 13.1 Monthly Progress Payments 13.1.1 On or before the 9th day of each month, Design - Builder shall submit for Owner's review and approval its Application for Payment requesting payment for all Work performed as of the date Village of Lemont 17 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 of the Application for Payment. The Application for Payment shall be accompanied by copies of all necessary supporting documentation. 13.1.2 The Application for Payment may request payment for equipment and materials not yet incorporated into the Project, provided that (i) Owner is satisfied that the equipment and materials are suitably stored at either the Site or another acceptable location, (ii) the equipment and materials are protected by suitable insurance and (iii) upon payment, Owner will receive the equipment and materials free and clear of all liens and encumbrances. 13.1.3 The Application for Payment shall constitute Design - Builder's representation that the Work has been performed consistent with the Contract Documents, has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Owner free and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the Work into the Project, or upon Design - Builder's receipt of payment, whichever occurs earlier. 13.1.4 The Owner shall pay the Design - Builder no later than 20 days after receipt of Pay Application. 13.2Dispute of Payments 13.2.1 On or before the date established in Article 13.1.4, Owner shall pay Design - Builder all amounts due. The Owner waives the right dispute that the Design - Builder is not entitled to all or part of an Application for Payment, unless the Design - Builder is notified in writing at least five (5) days prior to the date payment is due. The notice shall indicate the specific amounts the Owner dispute, the reasons and contractual basis for the disputed, and the specific measures Design - Builder must take to rectify Owner's concerns. Design - Builder and Owner will attempt to resolve Owner's concerns prior to the date payment is due. If the parties cannot resolve such concerns, Design - Builder may pursue its rights under the Contract Documents, including those under Article 15 hereof. 13.2.2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design - Builder all undisputed amounts in an Application for Payment within the times required by 13.1.4. 13.3 Right to Stop Work and Interest. If Owner fails to pay Design - Builder any amount that becomes due, Design - Builder, in addition to all other remedies provided in the Contract Documents, may stop Work pursuant to Section 15.8 hereof. All payments due and unpaid, including disputed amounts shall bear interest at the rate set forth in the Agreement. 13.4 Interest. Payments due and unpaid by Owner to Design - Builder, whether progress payments or final payment, shall bear interest in accordance with the terms of the Local Government Prompt Payment Act. 13.5 Title Free of Liens. The Design - Builder warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, shall pass to the Owner upon receipt of such payment by Design - Builder free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as Liens. Design- Builder, at its own expense, shall indemnify, defend and save harmless Owner against Liens filed on the property of Owner by subcontractors, materialmen or suppliers of Design - Builder for amounts due them from Design - Builder for Work, the cost of which has been paid by Owner to Design - Builder. 13.6 Final Payment. For purposes of final payment, the procedure under this Agreement shall be as follows: 13.6.1 The Design - Builder shall give written notice to Owner upon substantial completion of the Project, or a designated portion thereof. If Owner has not, in fact, occupied or utilized the Project, or the designated portion thereof, the Owner's Representative, within five (5) days of Village of Lemont 18 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 receipt of such notice, shall determine on the basis of an inspection that the work is substantially complete. Design - Builder shall then prepare a Certificate of Substantial Completion for approval by the Owner's Representative which shall establish the date of substantial completion, shall state the responsibilities of Owner and Design - Builder regarding maintenance, heat, utilities, and risk of casualty, and shall list the items of Work (punch list) to be corrected or completed. 13.6.2 When the parties have mutually agreed upon the Certificate of Substantial Completion, Design - Builder shall submit to the Owner's Representative for approval of an Application for Payment of the unpaid balance of the Contract Price for the Project, less an amount equal to one - hundred percent (100 %) of the estimated cost of completing all remaining unfinished items of work shown on the punch list or five percent (5 %) of the project cost whichever is greater. Failure of Owner to pay the amount specified by Owner's Representative shall constitute a breach of this Agreement and Design - Builder shall have no further obligations or responsibility to Owner under this Agreement. 13.6.3 Design - Builder shall, as soon as possible, correct or complete the items of work noted on the punch list without additional expense to Owner. Owner's Representative shall inspect the corrected or completed items of work within five (5) days after notice of correction of completion of each such item of work and if acceptable, shall issue a written notice of acceptance of such items of work to Design - Builder. 13.6.4 Following full completion of the Work and final inspection and acceptance of the Work by the Owner's Representative, Design - Builder shall submit a final Application for Payment for the entire unpaid balance of the contract price, as noted in the final application. In direct exchange for payment, Design - Builder shall issue a duly executed final waiver of lien. ARTICLE 14 INDEMNITY AND INSURANCE 14.1 Indemnity. Design - Builder shall defend, hold harmless, and indemnify the Owner, its corporate authorities, trustees, officers, directors, and employees from and against any and all injury, death, loss, property damage, judgments, liens, claims, suits, liabilities, actions, causes of action, demands, expenses, costs, or other liabilities of any character (including reasonable attorney's fees) arising in whole or in part, relating to or resulting from the: (a) failure to comply with, or violation of, any federal, state or local law, statute, regulation, rule, ordinance, order, or governmental directive; (b) negligent acts, omissions or willful misconduct; (c) failure to comply with the terms, conditions, representations, or warranties contained in this agreement; (d) infringement of any patent, trademark or copyright; and, e) the negligent performance under this agreement by Design - Builder, its Subcontractors, or others performing or furnishing any Work directly or indirectly on Design - Builder 's behalf: In connection with any such liabilities, the Owner, their officers, agents, employees, representatives and their assigns shall have the right to defense counsel of their choice and Design - Builder shall be solely liable for all costs, fees and expenses of such defense. The terms of this indemnity shall survive the suspension, expiration or termination of this agreement. 14.2 Design - Builder's Insurance. The Design - Builder shall purchase and maintain the following insurance to cover Design - Builder's operations under this Agreement whether such operations be by itself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Design - Builder shall require subcontractor's to include a waiver of subrogation endorsement in favor of the additional insured's for Workers Compensation and General Liability. 14.2.1 Workers' Compensation insurance in full compliance with workers' compensation laws of the State of Illinois, together with employer's liability coverage with minimum limits of liability in the Village of Lemont 19 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 amount of: $500,000 each accident Bodily Injury by Accident $500,000 policy limit Bodily Injury by Disease $500,000 each employee Bodily Injury by Disease. 14.2.2 Comprehensive automobile liability insurance covering all owned, hired and non - owned vehicles with the following minimum limits of liability: Combined single limit: $1,000,000 bodily injury and property damage each accident. 14.2.3 Comprehensive general liability insurance including Independent Contractor's coverage with following minimum limits of liability: Combined single limit: $1,000,000 each occurrence $1,000,000 personal & advertising injury $1,000,000 general aggregate $2,000,000products /completed operations aggregate $2,000,000 aggregate 14.2.4 The Design - Builder shall carry an umbrella policy to apply excess of the general liability, automobile liability and employer's liability coverages listed above at the following limits of liability: $5,000,000 each occurrence; $5,000,000 aggregate. 14.2.5 The Design - Builder's commercial general liability policy shall also include blanket contractual liability coverage. 14.2.6 Errors and Omissions Insurance with respect to design services in the amount of $5,000,000, which, if written on a "claims made" basis, shall be maintained in full force and effect for four (4) years after the completion of the Work. If at any time during the four (4) year period, Design - Builder shall no longer carry such insurance; it shall provide thirty (30) days prior written notice to Owner. 14.2.7 Owner shall purchase and maintain at its sole expense, until the Date of Substantial Completion and acceptance thereof, all -risks of direct physical loss builder's risk insurance upon the Work at the site to the full insurable value thereof (including all materials, supplies and equipment intended for specific installation in the Work while in transit, at temporary locations, or delivered to the site but not yet incorporated into the Work). This insurance shall include the interests of Design- Builder, Owner, Owner's Representative, subcontractors and sub - subcontractors in the Work, except for the equipment used by the Design - Builder, subcontractors and sub - subcontractors associated with their Work, and shall insure against the perils normally insured against in an all -risks direct physical loss builder's risk policy including the perils of flood, quake and terrorism, and shall be deemed the primary insurance as to covered risks. Such builder's risk insurance shall be written on a repair or replacement cost basis. The policy (ies) for such insurance shall be secured and maintained by Owner in the full amount of the Contract Price and adjusted for changes in the Contract price affected by the Change Order(s). 14.2.8 Any insured Toss shall be adjusted with the Owner and made payable to the Owner as trustee for the insureds, as their interest may appear, subject to the requirements of any applicable mortgage clause and of Owner's construction lender. The Design - Builder, subcontractors and sub - subcontractors shall consult with the Owner at Owner's discretion in any loss Village of Lemont 20 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 adjustment, subject to the rights of any applicable lenders. Owner shall purchase an maintain, until the Date of Substantial Completion, all -risk builder's risk insurance upon the Work at the site to the full insurable value thereof (including all materials delivered to the site but not yet incorporated into the improvements). If Owner requests, in writing, that insurance for special hazards be included in the property insurance policy, Design - Builder shall, if possible, include such insurance and the cost thereof shall be charged to Owner by appropriate Change Order. 14.2.9 All insurance required of Design - Builder shall be with insurers having a Best Rating of at least A- Class VII or better. Certificates of insurance reasonably acceptable to Owner shall be filed with Owner prior to commencement of the Work. These certificates shall contain a provision that coverage afforded under the policies shall not be canceled until at least thirty (30) days prior written notice has been given to Owner. ARTICLE 15 STOP WORK AND TERMINATION OF THE AGREEMENT 15.1 Owner's Right to Stop Work. Owner may, without cause and for its convenience, order Design - Builder in writing to stop and suspend the Work. Such suspension shall not exceed sixty (60) consecutive days or aggregate more than ninety (90) days during the duration of the Project. 15.2 Design - Builder is entitled to an adjustment of the Contract Price and /or Construction Schedule(s) if its cost or time to perform the Work has been impacted by any suspension of stoppage of work by Owner. 15.3 Owner's Right to Perform and Terminate for Cause. If Design - Builder persistently fails to (i) provide a sufficient number of skilled workers, (ii) supply the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Subcontractors, (v) prosecute the Work with promptness and diligence to ensure that the Work is completed by the Construction Schedule(s), as such times may be adjusted, or (vi) perform material obligations under the Contract Documents, then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law, shall have the rights set forth in Sections 15.4 and 15.5 below. 15.4 Upon the occurrence of an event set forth in Section 15.3 above, Owner may provide written notice to Design - Builder that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within fourteen (14) days of Design - Builder's receipt of such notice. If Design - Builder, within such fourteen (14) day period, fails to cure, or reasonably commence to cure, such problem, then Owner may declare the Agreement terminated for default by providing written notice to Design - Builder of such declaration. 15.5 Upon declaring the Agreement terminated pursuant to Section 15.4 above, Owner may enter upon the premises and take possession, for the purpose of completing the Work, of all materials, equipment, scaffolds, tools, appliances and other items thereon, which have been purchased or provided for the performance of the Work, all of which Design - Builder hereby transfers, assigns and set over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items. In the event of such termination, Design - Builder shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed in accordance with the Contract Documents. At such time, if the unpaid balance of the Contract Price exceeds the cost and expense incurred by Owner in completing the Work, such excess shall be paid by Owner to Design - Builder. Notwithstanding the preceding sentence, if Owner's cost and expense of completing the Work exceeds the unpaid balance of the Contract Price, then Design - Builder shall be obligated to pay the difference to Owner. Such costs and expense shall 8include not only the cost of completing the Work, but also losses, damages, costs and expense, including attorneys' fees and expense, incurred by Owner in connection with the reprocurement and defense of claims arising from Design - Builder's default, subject to the waiver of consequential damages Village of Lemont 21 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 set forth in Section 16.6 hereof. 15.6 If Owner improperly terminates the Agreement for Cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of Article 15 of the Agreement. 15.7 Termination for Convenience. Upon ten (10) days' written notice to Design - Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design - Builder for the following: 15.7.1 All Work executed and for proven loss, cost or expense in connection with the Work; 15.7.2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amount due in settlement of terminated contracts with Subcontractors. 15.7.3 A proportionate share of Design - Builder's fee on a percentage basis equivalent to the percentage of the total Contract Price being paid under items 15.7.1 and 15.7.2 above. 15.8 Design - Builder's Right to Stop Work. Design - Builder may, in addition to any other rights afforded under the Contract Documents or at law, stop work for the following reasons: 15.8.1 Owners failure to provide financial assurances as required under Section 3.7 hereof: or 15.8.2 Owner's failure to pay amounts due under Design - Builder's Application for Payment. 15.9 Should any of the events set forth in Section 15.9 above occur, Design - Builder has the right to provide Owner with written notice that Design - Builder shall stop work unless said event is cured within seven (7) days from Owner's receipt of Design - Builder's notice. If Owner does not cure the problem within such seven (7) day period, Design - Builder may stop work. In such case, Design - Builder shall be entitled to make a claim for adjustment to the Contract Price and Construction Schedule(s) to the extent it has been adversely impacted by such stoppage. 15.10 Design - Builder's Right to Terminate for Cause. Design - Builder, in addition to any other rights and remedies provided in the Contract Documents or by law, may terminate the Agreement for cause for the following reasons: 15.10.1 The Work has been stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, because of court order, any government authority having jurisdiction over the Work, or orders by Owner under Section 15.1 hereof, provided that such stoppages are not due to the acts or omissions of Design - Builder or anyone for whose acts Design - Builder may be responsible. 15.10.2 Owner's failure to cure the problems set forth in Sections 15.9 above after Design - Builder has stopped the Work. 15.11 Upon the occurrence of an event set forth in Section 15.10 above, Design - Builder may provide written notice to Owner that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within Fourteen (14) days of Owner's receipt of such notice. If Owner, within such fourteen (14) day period, fails to cure, or reasonably commence to cure, such problem, then Design - Builder may declare the Agreement terminated for default by providing written notice to Owner of such declaration. In such case, Design - Builder shall be entitled to recover in the same manner as if Owner had terminated the Agreement for its convenience under Article 15 of the Agreement. 15.12 Bankruptcy of Owner or Design - Builder. If either Owner or Design - Builder institutes or has instituted against it a case under the United States Bankruptcy Code (such party being referred to as the "Bankrupt Village of Lemont 22 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 Party "), such event may impair or frustrate the Bankrupt Party's ability to perform its obligations under the Contract Documents. Accordingly, should such event occur: 15.12.1 The Bankrupt Party, its trustee or other successor, shall furnish, upon request of the non - Bankrupt Party, adequate assurance of the ability of the Bankrupt Party to perform all future material obligations under the Contract Documents, which assurances shall be provided within ten (10) days after receiving notice of the request; and 15.12.2 The Bankrupt Party shall file an appropriate action within the bankruptcy court to seek assumption or rejection of the Agreement within sixty (60) days of the institution of the bankruptcy filing and shall diligently prosecute such action If the Bankrupt Party fails to comply with its foregoing obligations, the non - Bankrupt Party shall be entitled to request the bankruptcy court to reject the Agreement, declare the Agreement terminated and pursue any other recourse available to the non - Bankrupt Party under this Article 15. 15.13 The rights and remedies under Section 15.12 above shall not be deemed to limit the ability of the non - Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by law, including its ability to seek relief from any automatic stays under the United States Bankruptcy Code or the right of Design - Builder to stop Work under any applicable provision of this Contract. ARTICLE 16 DISPUTE RESOLUTION 16.1 If either Design - Builder or Owner believes that it is entitled to relief against the other for any event arising out of or related to the Work or Project, such party shall provide written notice to the other party of the basis for its claim for relief. Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained in applicable sections of this Contract. In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed twenty-one (21) days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition giving rise to the request, whichever is later. Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request. 16.2 Dispute Avoidance and Resolution. The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Design - Builder and Owner each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work. 16.3 Design - Builder and Owner shall first attempt to resolve disputes or disagreements at the field level through discussions between Design - Builder's Representative and Owner's Representative. 16.4 If a dispute or disagreement cannot be resolved through Design - Builder's Representative and Owner's Representative, Design - Builder's Senior Representative and Owner Senior Representative, upon the request of either party, shall meet as soon as conveniently possible, but in no case later than thirty (30) days after such a request is made, to attempt to resolve such dispute or disagreement. Prior to any meetings between the Senior Representatives, the parties shall exchange relevant information that shall assist the parties in resolving their dispute or disagreement. 16.5 If after meeting the Senior Representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, the parties shall submit the dispute or disagreement to Village of Lemont 23 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 non - binding mediation. The mediation shall be conducted by a mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association ( "AAA ") pursuant to its Construction Industry Mediation Rules. The mediation shall be governed by and conducted pursuant to a mediation agreement negotiated by the parties or, if the parties cannot so agree, by procedures established by the mediator. 16.6 Consequential Damages. Notwithstanding anything herein to the contrary, neither Design - Builder nor Owner shall be liable to the other for any consequential losses or damages, whether arising in contract, warranty, tort (including negligence), strict liability or otherwise, including but not limited to losses of use, profits, business, reputation or financing. ARTICLE 17 PROTECTION OF PERSONS AND PROPERTY 17.1 Safety Precautions and Programs. The Design - Builder shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. 17.2 Safety of Persons and Property. The Design - Builder shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: 17.2.1 Employees on the Work and other persons who may be affected thereby; 17.2.2 The Work and material and equipment to be incorporated therein, whether in storage on or off the site, under care, custody and control of the Design - Builder or the Design - Builder's subcontractors or sub - subcontractors. 17.3 The Design - Builder shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on the safety of persons or property or their protection from damage, injury or loss. 17.4 The Design - Builder shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and uses of adjacent sites and utilities. 17.5 When use or storage of hazard materials or equipment or unusual methods are necessary for execution of the Work, the Design - Builder shall exercise the reasonable utmost care and carry on such activities under supervision of properly qualified personnel. 17.6 The Design - Builder shall promptly remedy (or use its best efforts to remedy) damage and loss to property caused in whole or in part by the Design - Builder, a subcontractor, a sub - subcontractor or anyone directly or indirectly employed by any them, or by anyone for whose acts they may be liable and for which Design - Builder is responsible, except damage or loss attributable to acts or omissions of the Owner or anyone directly or indirectly employed by it, or by anyone for whose acts they Owner may be liable, and not attributable to the fault or negligence of the Design - Builder. ARTICLE 18 MISCELLANEOUS 18.1 Successors and Assigns. This Agreement shall be binding on the successors, assigns, and legal representatives of the Owner or Design - Builder. Neither party shall assign, sublet or transfer an interest in the Agreement without the written consent of the other. Village of Lemont 24 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 18.2 Governing Law. This Agreement shall be governed by the law of the State of Illinois County of Cook. 18.3 Ownership of Documents. The drawings, Specifications and other documents prepared by the Design- Builder for this project are instruments of the Design - Builder's service for use solely with respect to this Project and, unless otherwise provided, the Design - Builder shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Design - Builder's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Design - Builder's Drawings, Specifications or other documents shall not be used by the Owner or others on other project, for additions to this Project or for completion of this Project by others, unless the Design - Builder is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Design - Builder. 18.4 Submission or distribution of documents to meet official regulatory requirements including but not limited to Freedom of Information Act (FOIA) requests or for similar purposes in connection with the project is not to be construed as publication in derogation of the Design - Builder's reserved rights. 18.5 Representations and Warranties. Design - Builder represents and warrants the following to the Owner which representations and warranties shall survive the execution and delivery of this Agreement, any termination of this Agreement and the final completion of the Work: (i) That it is able to furnish the labor required to manage the Work and perform its obligations hereunder and has sufficient experience and competence to do so; (ii) That it is authorized to do business in the State of Illinois and properly licensed by all necessary governmental and public and quasi - public authorities having jurisdiction over him and over the Work and the Project; (iii) That its execution of this Agreement and its performance thereof is within its duly authorized powers; 18.6 Discipline of Employees. Design - Builder shall, at all times, enforce strict discipline and good order among its employees, and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. 18.7 Claims for Damages. Should either party to this Contract suffer injury or damage to persons or property because of any act or omission of the other party or of any of its employees, agents or others for whose acts it is legally liable, claim shall be made, in writing, to such other party within a reasonable time after the first observance of such injury or damage. 18.8 Written Notice. All notices, demands and communications required or which either party desires to give or make hereunder shall be in writing signed by or on behalf of the party giving or making the same, and may be served personally, by United States registered or certified mail, return receipt requested, or by a national courier service guaranteeing overnight delivery: Village of Lemont 25 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 I. To Design - Builder: Wight Construction, Inc. Attn: Ken Osmun 2500 N. Frontage Road Darien, IL 60561 II. To Owner: Village of Lemont Attn: Village Administrator 418 Main Street Lemont, IL 60439 Mailed notices shall be deemed to have been given on the third business day after the date of mailing or upon receipt by either party if personally delivered and a written receipt signed therefore, or one (1) business day following deposit for overnight delivery with a national courier service guaranteeing overnight delivery. Any party hereto may change its address for the service as aforesaid by giving written notice to the other of such change of address in accordance with the provision of this subparagraph. 18.8 Access to Work. Owner and its representative shall at all times have access to the Work whenever it is in preparation or progress; provided, however, that such access shall not interfere with the prosecution of the Work by Design - Builder, or its subcontractors or sub - subcontractors or jeopardize their safety. Design - Builder shall permit and facilitate such access to the Work by Owner, its agents, and public authorities concerned with such work. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed and delivered the day and the date first above written. OWNER: By: Its: Date: DESIGN- BUILDER: Wight Construction, Inc. By: Its: President - Wight Construction, Inc. Date: Village of Lemont 26 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 EXHIBIT "A" OTHER PROVISIONS USE OF SUBCONTRACTORS AND CONFLICTS OF INTEREST. Except as otherwise stated herein, Design - Builder may elect to use subcontractors to perform certain portions of the services to be provided under this Agreement. Design - Builder will be competitively bidding all required construction work in accordance with the Public Procurement Law and shall award subcontracts to the lowest responsible bidder. Any use of subcontractors shall require the prior written approval of the Owner and /or Owner Representative; said approval shall not be unreasonably withheld. Design - Builder shall not be entitled to any payment for services performed by subcontractors for whom prior written approval of the Owner was not obtained. Design - Builder shall remain ultimately responsible for all work performed with respect to the Project and shall ensure that subcontractors comply with the terms stated in this Agreement. All subcontractors shall be required to furnish a payment and performance bond for their work scope. COMPLIANCE WITH LAWS. A. Design - Builder agrees and certifies that it will comply with all applicable laws, regulations and rules promulgated by any federal, state, local, or other governmental authority or regulatory body, now in effect or which may be in effect during this Project. The scope of the laws, regulations, and rules referred to in this paragraph include, but in no way are limited to, the Illinois Human Rights Act, Illinois Equal Pay Act of 2003, Occupational Safety & Health Act, all forms of traffic regulations, public utility, Interstate and Intrastate Commerce Commission regulations, Workers' Compensation Laws, Prevailing Wage Laws, USA Security Act, federal Social Security Act (and any of its titles), and any other law, rule or regulation of the Illinois Department of Labor, Department of Transportation, Illinois Department of Human Rights, Human Rights Commission, or EEOC. B. Without limiting the generality of the foregoing, pursuant to the requirements of Illinois law concerning public contracts, Design- Builder shall comply with each of the following as may be applicable: 1. Sexual Harassment Policy. Design - Builder certifies that it has a written sexual harassment policy defining sexual harassment as required in Section 2 -105 of the III. Human Rights Act. 775 ILCA 5/1 -105, et.seq. 2. Tax Payments. Design - Builder certifies that it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue as set forth in 65 ILCS 5/11- 42.1 -1. 3. Equal Pay Act of 2003. Design - Builder, and all subcontractors thereof, shall at all times comply with the provisions of the Illinois Equal Pay Act of 2003, 820 ILCS 112/1, et seq. 4. Public Works Employment Discrimination Act. The Design - Builder certifies that it will comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10 /0.01, et seq.) which prohibits unlawful discrimination by any entity in the contracting for or performance of all public contracts with the State of Illinois and all of its political subdivisions. As required by this State Act, all of its provisions are incorporated herein by reference and are reprinted below. 5. Illinois Human Rights Act —Equal Opportunity Clause. Design - Builder certifies that it is an "Equal Opportunity Employer" as defined by federal and state laws and regulations, and agrees to comply with the Illinois Department of Human Rights (IDHR) Equal Opportunity clause as required by the IDHR's Regulations (44 III. Admin. Code, Part 750, Appendix A), which is considered to be part of any public contract or purchase agreement. As required by State law and IDHR Regulation, the Equal Opportunity clause is reprinted below. Village of Lemont 27 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 EQUAL EMPLOYMENT OPPORTUNITY In the event of the Design - Builder's non - compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ( "Department "), the Design - Builder may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the Design - Builder agrees as follows: 1) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental handicap unrelated to ability, military status, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 2) That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the Department's Rules) of minorities and women in the areas from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3) That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental handicap unrelated to ability, military status, or an unfavorable discharge from military service. 4) That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the Design - Builder's obligations under the Illinois Human Rights Act and the Department's Rules. If any such labor organization or representative fails or refuses to cooperate with the Design - Builder in its efforts to comply with such Act and Rules, the Design - Builder will promptly so notify the Department and the contracting agency and will recruit employees from other sources when to fulfill its obligations there under. 5) That it will submit reports as required by the Department's Rules, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules. 6) That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules. 7) That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the Design - Builder will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the Design - Builder will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. Village of Lemont 28 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 ILLINOIS PUBLIC WORKS EMPLOYMENT DISCRIMINATION ACT 10/1. Discrimination in employment prohibited § 1. (a) No person shall be refused or denied employment in any capacity on the ground of unlawful discrimination, as that term is defined in the Illinois Human Rights Act, nor be subjected to unlawful discrimination in any manner, in connection with the contracting for or the performance of any work or service of any kind, by, for, on behalf of, or for the benefit of this State, or of any department, bureau, commission, board, or other political subdivision or agency thereof. (b) The Illinois Human Rights Act applies to all contracts identified in subsection (a). 10/2. Deemed incorporated in contract § 2. The provisions of this Act shall automatically enter into and become a part of each and every contract or other agreement hereafter entered into by, with, for, on behalf of, or for the benefit of this State, or of any department, bureau, commission, board, other political subdivision or agency, officer or agent thereof, providing for or relating to the performance of any of the said work or services or of any part thereof. 10/3. Includes independent contractors, etc. § 3. The provisions of this Act also shall apply to all contracts entered into by or on behalf of all independent contractors, subcontractors, and any and all other persons, association or corporations, providing for or relating to the doing of any of the said work or the performance of any of the said services, or any part thereof. 10/4. Deduction from compensation § 4: No Design - Builder, subcontractor, nor any person on his or her behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work for the benefit of the State or for any department, bureau, commission, board, other political subdivision or agency, officer or agent thereof, on account of race, color, creed, sex, religion, physical or mental handicap unrelated to ability, or national origin; and there may be deducted from the amount payable to the Design - Builder by the State of Illinois or by any municipal corporation thereof, under this contract, a penalty of five dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this Act. 10/5. Recovery by injured person § 5. Any person, agency, corporation or association who violates any of the provisions of this Act, or who aids, abets, incites or otherwise participates in the violation of any of the provisions, whether the violation or participation therein occurs through action in a private, public or in any official capacity, shall be guilty of a petty offense for each and every violation or participation therein with respect to each person aggrieved thereby, to be recovered by each such aggrieved person, or by any other person to whom such aggrieved person shall assign his cause of action, in the circuit court in the county in which the plaintiff or the defendant shall reside. 10/6. Violations; punishment § 6. Any person who or any agency, corporation or association which shall violate any of the provisions of the foregoing sections, or who or which shall aid, abet, incite or otherwise participate in the violation of any of the said provisions, whether the said violation or participation therein shall occur through action in a private, in a public, or in any official capacity, shall also be deemed guilty of a petty offense for each and every said violation or participation or, in the case of non - corporate violators, or participators, of a Class B misdemeanor. 10/7. To be inscribed in contract § 7. The provisions of this Act shall be printed or otherwise inscribed on the face of each contract to which it shall be applicable, but their absence there from shall in no wise prevent or affect the application of the said provisions to the said contract. 10/8. Partial invalidity; construction Village of Lemont 29 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 § 8. The invalidity or unconstitutionality of any one or more provisions, parts, or sections of this Act shall not be held or construed to invalidate the whole or any other provision, part, or section thereof, it being intended that this Act shall be sustained and enforced to the fullest extent possible and that it shall be construed as liberally as possible to prevent refusals, denials, and discriminations of and with reference to the award of contracts and employment there under, on the ground of race, color, creed, sex, religion, physical or mental handicap unrelated to ability, or national origin. All subcontractors will be required to comply with the following: 1. Confined Space Entry Policy and Procedures 2. Contractor's Drug -Free Workplace Certification 3. Contractor's Certification /Nat'l Security/ US Patriot Act Village of Lemont 30 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 EXHIBIT "B" Project Scope Document Based on Schematic Design Report Dated March 16, 2012. Village of Lemont 31 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 Village of Lemont Village Hall Renovation and Deferred Maintenance Upgrades Schematic Design Report prepared by Wight & Company Wight St Company Project No. 02- 5011 -05 March 16, 2012 ht Lemont Village Hall Renovation Schematic Design Report Project No. 02- 5011 -05 March 16, 2012 Table of Contents 1 Introduction 2 Project Directory 3 Schematic Design Drawings Existing / Demo Floor Plans New Floor Plans Structural Concept Plans Work Scoping Plans 4 Building Systems Description 5 Projected Costs 6 Preliminary Project Schedule Lemont Village Hall Renovation Schematic Design Report LBMONT Project No. 02- 5011 -05 March 16, 2012 1 Introduction During this Schematic Design Phase, Wight worked with the Village of Lemont Administration and staff to further define the required project work scope and further identify the specific deferred maintenance issues and proposed resolution. Additionally, we worked through several design concepts for addressing program and space improvements at the front entry and addressing the vertical circulation to the second floor and basement. This Schematic Design Report summarizes the results of the initial phase of the design effort. The primary purpose of the Schematic Design Phase is to develop a more specific architectural plan based on the earlier concept planning study, which must: • Meet the needs of the space program set out by Village of Lemont • Be achievable with the available funds • Comply with the requirements of the regulatory agencies • Maintain the architectural integrity of this prominent building This project was envisioned to meet 3 primary goals: • Resolve deferred maintenance issues which are beginning to cause damage to the building and increasing costs of repair. • Enhance the building entry and provide better customer service interface. • Reorganize staff space for more efficient utilization and collaboration in a changing work environment. At the outset of this project there were several site meetings to review the multitude of deferred maintenance issues at the building and identify reasonable solutions to resolve the issues and extend the life of the building as a long -term asset for the Village. During this process some specific issues were also identified to make the facility more accessible and compliant with current codes (e.g. front stairs and toilet rooms). Building envelope items were identified including needs for tuck - pointing and window replacement which will protect the building interior from further deterioration and aid in addressing energy efficiency and noise concerns. Some specific MEP items were also identified including concerns with the incoming water service, sanitary sewer issues and fire protection problems at the attic space. All of these items are identified for resolution as part of this project. In order to address the second and third project goals, various design concepts were explored to create a better entry that respects the historic nature of the building front facade and creates a consolidated customer service point at the new entry lobby. This is achieved by relocating the main front stair and will allow for the Village to more efficiency assist the public and have staff share service responsibility. The primary staff work area is also proposed for reorganization to allow a more open and collaborative work environment. Lemont Village Hall Renovation Schematic Design Report Project No. 02- 5011 -05 March 16, 2012 Owner 2 Project Directory Village of Lemont 418 Main Street Lemont, IL 60439 630.257.6440 primary contact: Ben Wehmeier, Village Administrator 630.257.6440 George Schafer, Assistant Village Administrator 630.243.2709 Architect Wight & Company 2500 N. Frontage Rd. Darien, IL 60561 630.969.7000 fax 630.969.7979 primary contact: Jason Dwyer, Project Manager 630.969.7000 Dave Gassen, Project Architect Structural Engineer Wight & Company 2500 N. Frontage Rd. Darien, IL 60561 630.969.7000 fax 630.969.7979 primary contact: Matt Aquino, Project Manager 630.969.7000 Mechanical Engineer Wight & Company 2500 N. Frontage Rd. Darien, IL 60561 630.969.7000 fax 630.969.7979 primary contact: Sudesh Saraf, Project Manager 630.969.7000 Building Department Village of Lemont 418 Main Street Lemont, IL 60439 primary contact: Ed Buettner, Building Commissioner 630.257.1580 Fire Prevention Bureau Lemont Fire Protection District 15900 New Avenue Lemont, IL 60439 630.257.0191 primary contact: John Rutkowski, Fire Marshal 630.257.0191 Lemont Village Hall Renovation Schematic Design Report Project No. 02- 5011 -05 March 16, 2012 3 Schematic Design Drawings The following schematic design drawings represent the agreed upon design solution for the project and preliminary data outlining the work scope. This design concept is intended to be further advanced and refined in the next phase of the project Design Development. During Design Development, additional data will be collected and detail set forth to further illustrate all key design elements in a manner suitable for proceeding with the construction documents. L n rr II r rL 11 11 II 11 11 L , 1 L ;r 11 U s frin 0 0 xor 1 I � 11, it r°5°1 :41 2: 1-Thtc IJ ILL` II I1 1 0 O 0F 1 02-5011-05 0 3 S 101 Xr 1 C O E 3 S al t 1 0 02-5011-05 Qg XY (9) 64OCINIM 3 /1d38 Lemont Village Hall Renovation Schematic Design Report Project No. 02- 5011 -05 March 16, 2012 4 Building Systems Scope of Work Description Demolition Demolition work scope is focused in three primary areas as follows: 1. Demolition of main front stair and safe at first floor as well as floor framing at that area to accommodate the construction of a new stair from the basement level to the second floor in the northwest corner of the building. 2. Demolition of the primary men's and women's toilet rooms on the first and second floor in their entirety including plumbing to accommodate a complete re -build to meet accessibility code requirements. 3. Spot demolition in various areas to allow for new window openings on the east exterior wall, a new access between the village hall and the former police department building and other items to be replaced (e.g. old exterior windows, skylight, etc.) Structural System Existing structural system is predominantly a wood frame system with load bearing perimeter and interior bearing walls. The majority of the structural framing is to remain. At the proposed location of the stair demolition and the new stair construction, a new steel column and beam structure will be added to reframe the north central section of the building for the first and second floor framing. The new structure is assumed to be founded on new concrete shallow spread footings at the basement level. Exterior Closure and Exterior Skin Upgrades The building exterior stone will be tuck - pointed extensively to address areas of significant deterioration as well as to maintain other areas of the building that are in need of maintenance. Work will also include repair and replacement of damaged stone caps and copings identified during our field investigation. In addition to the tuck - pointing work for the Village Hall building, there will also be work done on the Old Police Department building to at areas identified as needing repair. All exterior windows and doors will be removed and replaced on the Village Hall. Aluminum storefront framing with thermally insulated glazing units will be installed at all existing openings and the new opening proposed to be cut into the east exterior wall to bring natural light to several internal office spaces. All windows are proposed to be fixed windows. Additionally, the north facing windows on the first and second floor are proposed to be upgraded with additional laminated glazing to provide enhanced acoustical performance. We are not proposing a full roofing replacement at this time, but there will be portions that have to be re- worked and repaired in conjunction with other work scope being done at the roof level. The existing skylight was determined to be reaching the end of its useful life and will be removed and replaced with a new aluminum framed ridge shaped skylight (similar to the existing). A new roof access hatch is proposed with access from a fixed ladder from the top landing of the rear stair. Additional fixed ladders are proposed to transition between roof levels including access to the roof of the old police building. Finally, new working platforms will be �� ➢q�i Lemont Village Hall Renovation \LE."..T.N9 Project No. 02- 5011 -05 Schematic Design Report March 16, 2012 constructed around the rooftop mounted HVAC units on the Village Hall as the existing wood platform is in disrepair and does not provide safe working clearances. Interior Construction and Finishes Standard interior partitions will be 5/8" gypsum board on metal studs in most areas except the new stair construction which is intended to be gypsum board furred CMU for structural support of the stair through the floors. Interior doors will be solid -core flush wood doors with hollow metal frames to match the immediate adjacent existing doors within the building and will have standard latch sets and hardware with locks as required. One major improvement included in this work scope is the creation of a vestibule at the front entry and the re- activation of the center front door as the primary entrance and exit from the building. The other door on the north side will be eliminated and in- filled. The construction of the vestibule will provide better protection from winds and exterior temperature extremes which is a significant problem in the current building layout. The interior vestibule door and wall framing as well as the door at the top of the stairs at the second floor are proposed to be aluminum storefront or hollow metal framing with framed glass doors. The new stair construction is proposed to be a concrete filled metal pan stair meeting current code dimensions with required handrails and guardrails. The finish materials will be upgraded on the stair extending from the first to the second floor, but will be left as sealed concrete going to the basement as this is not accessible by the public. The floor plans enclosed in this report identify an area noted as the "primary work area ". These areas are schedule to receive all new finish flooring of either porcelain tile (toilet rooms and main entry areas) or carpet (office areas). They will also receive all new suspended acoustical tile ceilings and lighting to conform to the new layouts and all walls will be painted. Toilet rooms on the first and second floor will be finished with new tile floor and tile wainscot on the walls as well as all new plumbing fixtures, baked enamel metal toilet partitions, and toilet accessories. Similar finishes will be used in the two new single occupant public toilet rooms on the first floor in space recaptured from the Old Police Department building. The remainder of the first and second floor is targeted for ceiling tile and HVAC diffuser replacement (maintaining existing grid and lighting) as well as new carpet flooring and painting of all walls. It was discussed that this might be bid as an alternate bid as this work scope is a lower priority than other work defined in this project and would be a potential cost savings option if market conditions fluctuate and trade contractor bids come in higher than currently targeted. Furniture and Casework New counters are proposed for the main reception / transaction area and are proposed to be constructed of plastic laminate clad particle board substrates. Options for using an upgraded counter top material such as solid surface or granite will be explored during design development pending alignment with the project budget. New furniture is proposed at the first floor to outfit a new conference room, and accommodate the new workstation layouts for the Building Department and Finance support staff. New Lemont Village Hall Renovation Schematic Design Report Project No. 02- 5011 -05 March 16, 2012 furniture will be provided at the second floor for the relocated Mayor's office which is anticipated to double as a small conference room. The two smaller offices and the Village Administrator's office will utilize existing furniture with the exception of a small conference table in the Administrator's office. Basic furniture configurations are presented in the enclosed Schematic Design drawings. An overall furniture budget allowance line item is enclosed in the cost estimate included in this report and it is assumed that the final scope of furniture will be confirmed during Design Development to confirm what will be new and what is existing in order to achieve scope and budget alignment. Conveying Systems The existing elevator was found to be needing maintenance especially in the pit area and the hydraulic fluid piping to the machine room. The piping will be replaced and the rust damage to the rails in the pit will be repaired and painted to protect the steel from further deterioration. The main controls system for the elevator is also outdated and will not meet the soon to be enacted code provisions pertaining to elevators. Consequently the main controls systems are proposed for a complete retrofit /upgrade. Finally, the elevator cab is scheduled for an interior finish upgrade including new ceiling, wall skins and flooring. The overall size and capacity of the elevator will not be changed as this would require reconstruction and enlargement of the shaft which is not feasible. Heating and Cooling Systems The existing Village Hall is served by four constant volume rooftop units that are zoned for the first and second floor with one units serving essentially half of each floor. Based on a site meeting with the HVAC service company that provides maintenance for the Village it was determined that the units are in good condition with several years of useful life. The units generally provide reasonable heating and cooling comfort to building occupants, but there are some user complaints as to the comfort and control of the systems. This is to be expected with constant volume systems which in this case provide only one zone of control per unit. The most significant complaints are at the main entry which will be greatly improved by adding the vestibule and the rear lunchroom which will be greatly improved with energy efficient windows. The basement is currently served by a gas, forced air furnace and this system will remain as is. The network room on the first floor is serviced by a dedicated cooling unit with remote condenser on the roof and it was determined that this system is functioning adequately and will be retained. HVAC modifications will be limited and are anticipated to include minor ductwork modifications to accommodate the revised floor plan layouts. Assessment and potential relocation of thermostats will be considered in order to better manage the limited zoning control afforded by the HVAC system. Supplemental heat in the form of electric resistance heaters is also anticipated at the new front vestibule and the rear lunchroom which have more significant exterior exposure. A complete new HVAC system was discussed, but it was determined to be infeasible within the allowable budget and hard to justify on a cost benefit analysis. Lemont Village Hall Renovation Schematic Design Report Project No. 02- 5011 -05 March 16, 2012 Plumbing System The existing main toilet rooms on the first and second floor will be completely demolished and re- built. All hot and cold water supply as well as waste and vent piping will be replaced as part of these renovations. Piping is anticipated to be replaced within the toilet room work area, but contingency has been included in the estimate of construction cost in case there is a greater extent of plumbing work that is deemed necessary once the concealed conditions are exposed. A primary goal here is to address the current problems with sewer gas smells that have been intermittent in the building. The existing water heater in the basement is scheduled to remain as is, but will be relocated as needed to accommodate the new stair construction. The fixtures in the toilet rooms will all be new. Water closets will be wall hung vitreous china fixtures. Flush valves shall be 1.28 gallons per flush diaphragm type with manual activation. Urinals shall be wall hung with carrier, vitreous china, siphon jet and 0.5 gallon flush. Flush valve shall be diaphragm type with manual activation. Lavatories shall be solid surface tops with vitreous china under -mount sinks. Faucet shall be 0.5 gpm, battery powered, and infrared control with 4" trim plate. Each lavatory shall be provided with chrome plated grid strainers, slow compression renewable loose key stops, and thermostatic mixing valve. They will also be provided with ADA required covers for traps, valves and supplies. Floor drains shall be included in each toilet room. Fire Protection System The existing main water service enters the building in a vault under the sidewalk at the north side of the building and then splits to the domestic and fire protection water mains. The RPZ, backflow preventers, main drains and valves are located in this improperly conditioned excessively damp environment and are showing major signs of deteriorations. Consequently, the work scope includes the extension of the combined water main into the better conditioned basement environment and reconstruction of the valve assemblies in that area. At the upper level of the building there is a dry pipe fire protection system which serves the attic space. The configuration of the existing piping is not easily maintainable and is not approved by the Lemont Fire Protection District (LFPD). Based on an site meeting with the LFPD and the Village's maintenance contractor a revised solution was discussed which allows for the existing dry pipe valve currently above the ceiling to be relocated to the janitor's closet on the second floor in a manner that is easier to maintain and which is acceptable to the LFPD. Other fire protection modification will include only the work necessary to modify existing sprinkler head locations as required based on rearrangement of the interior partition and floor plan layouts. LEMONT Lemont Village Hall Renovation Schematic Design Report Project No. 02- 5011 -05 March 16, 2012 Electrical, Technology and Specialty Systems Power modifications are included to the extent necessary based on reconfiguration of the interior layout. The inclusion of a larger generator to provide supplemental power to the building in the event of a power failure was reviewed, but is now anticipated not to be included in the project scope. In lieu of that the existing small generator in the basement of the building will be assessed for potential to provide power to the technology network room only. This will be explored more in the Design Development phase. Lighting will be replaced in the are noted on the plans as the "primary work area" and is anticipated to the energy efficient, direct /indirect lay -in fixtures lamped with fluorescent T -8 lamps. The board room is also scheduled for lighting replacement. Other areas of the building will be reviewed against the overall budget for the potential to include a more widespread lighting replacement. Technology improvements will include new data devices in areas being renovated and other areas as needed. Video will be incorporated into new conferencing spaces and some key office areas to accommodate display of electronic data as more data is stored electronically in years to come. Additionally, the board room will be outfitted with an additional ceiling mounted projector and screen. Data will also be extended to a self -help and informational kiosk in the renovated front lobby. An allowance has been included in the estimate for expansion of the door access control system at the building. The exact details of this will be analyzed further in the Design Development phase of the project. OTIS DATE: January 23, 2012 TO: Village of Lemont 418 Main Street Lemont, IL 60439 PROJECT LOCATION: Village of Lemont 418 Main Street Lemont, IL 60439 Elevator Modernization Scope Reference FROM: Otis :Ilevator Company 949 Oak Creek Drive Lombard, IL 60148 Single Hydraulic Passenger elevator ELEVATOR ID(S): PROPOSAL NUMBER: We will provide labor and material to furnish and install on the above referenced machine(s) the following: OTIS 211MP HYDRAULIC CONTROL SYSTEM We propose to furnish labor and material to provide a hydraulic microprocessor -based control system. It is specifically designed to meet the particular needs of modernizing hydraulic elevators. The system is integrated by communications over serial links and discrete wiring. The "Relative System Response Plus" software dispatches elevators based upon real -time response to actual demands on the elevator. DUTY The present capacity of 2000 pounds at100 feet per minute will be retained. TRAVEL The present travel, stops, and openings will be retained. POWER SUPPLY (RETAINED) The present power supply of volts, three phase,, 60 hertz, alternating current will be retained and the new equipment will be arranged for this power supply. POWER UNIT (NEW) The existing power unit will be replaced with a new power unit. The new power unit consists of a positive displacement pump, motor, integral 4 -coil control valve, oil tank and muffler. The pump and motor are submerged and are mounted to the tank with rubber isolators to reduce vibration and noise. A muffler is provided to dissipate pulsations and noise from the flow of hydraulic fluid. The valve consists of up, up leveling, down and down leveling controls along with manual lowering and a pressure relief valve. AUTOMATIC SELF- LEVELING (WITH NEW HOISTWAY LEVELING DEVICE) The elevator shall be provided with automatic self - leveling that shall bring the elevator car level with the floor landings, no more than +/- 1/2" regardless of load or direction of travel. The automatic self - leveling shall correct for overtravel or undertravel. © , 2003 All Rights Reserved ODimpme4 Form mrg_mod_a (01/06) Proposal# Page 1 of 8 N O I1VZI N 13 cI O 11 I CONTROLLER A microprocessor -based control system shall be provided to perform all the functions of safe elevator motion and elevator door control. This shall include all the hardware required to connect, transfer and interrupt power, and protect the motor against overloading. The system shall also perform group operational control. Each controller cabinet containing memory equipment shall be properly shielded from line pollution. The microcomputer system shall be designed to accept reprogramming with minimum system downtime. OPERATION - ONE CAR Operation shall be automatic by means of the car and landing buttons. Stops registered by momentary actuation of the car or landing buttons shall be made in the order in which the landings are reached in each direction of travel after the buttons have been actuated. All stops shall be subject to the respective car or landing button being actuated sufficiently in advance of the arrival of the car at that landing to enable the stop to be made. The direction of travel for an idle car shall be established by the first car or landing button actuated. "UP" landing calls shall be answered while the car is traveling in the up direction and "DOWN" landing calls shall be answered while the car is traveling down. The car shall reverse after the uppermost or lowermost car or landing call has been answered, then proceed to answer car calls and landing calls registered in the opposite direction of travel. If the car without registered calls arrives at a floor where both up and down hall calls are registered, it shall initially respond to the hall call in the direction that the car was traveling. If no car call or hall call is registered for further travel in that direction, the car shall close its doors and immediately reopen them in response to the hall call in the opposite directions. Direction lanterns, if furnished, shall indicate the change of direction when the doors reopen. An independent service switch shall be provided in the car operating panel which, when actuated, shall cancel previously registered car calls, disconnect the elevator from the hall buttons and allow operation from the car buttons only. INDEPENDENT SERVICE When the Independent Service switch in the car operating panel is actuated, it shall cancel previously registered car calls, disconnect the elevator from the hall buttons, and allow operation from the car buttons only. Door operation shall occur only after actuation of the "DOOR CLOSE" button. SPECIAL EMERGENCY SERVICE (Firefighters' service) Special Emergency Service operation shall be provided in compliance with the latest revision of the ASME /ANSI A17.1 Code. Special Emergency Service Phase I to return the elevator (s) non -stop to a designated floor shall be initiated by an elevator smoke detector system or a keyswitch provided in a lobby fixture. The smoke detector system is to be furnished by others. The elevator contractor shall provide input connections on the elevator controller to receive signals from the smoke detector system. A keyswitch in the car shall be provided for in -car control of each elevator when on Phase II of Special Emergency Service. If an elevator is on independent service when the elevators are recalled on Phase I operation, a buzzer shall sound in the car and a jewel shall be illuminated, subject to applicable codes. ©, 2003 All Rights Reserved Owuvmo4 Form mrg_mod_a (01/06) Proposal# Page 2 of 8 INSPECTION OPERATION For inspection purposes, an enabling keyswitch shall be provided in the car operating panel to permit operation of the elevator from on top of the car and to make car and hall buttons inoperative. On top of the car an operating fixture shall be provided containing continuous pressure "UP" and "DOWN" buttons, an emergency stop button, and an inspection- initiating switch. This switch makes the fixture operable and, at the same time, makes the door operator and car and hall buttons inoperable. HOISTWAY ACCESS SWITCH An enabling keyswitch shall be provided in the car operating panel to render all car and hall buttons inoperative and to permit operation of the elevator by means of an access keyswitch adjacent to the hoistway entrance at top and bottom access landings. The movement of the car away from access landing, other than the lower terminal, by means of the access keyswitch at the landing shall be limited in travel and direction to that as specified for the upper landing in the latest revisions of the ASME /ANSI A17.1 Code. AUT -O -SAFE® (Optional) We propose to furnish and install an Emergency Return Unit (ERU) providing auxiliary power to your hydraulic elevator. In the event of a primary power failure or a single -phase condition, the ERU is designed to automatically return the elevator to its lowest landing at normal speed and allow all passengers to exit safely. Four to six seconds after a power failure has been sensed, an electronic timer in the ERU is designed to turn on an inverter (converting DC battery power into elevator operating voltages). Six seconds later, the device is designed to send a signal to the microprocessor to disengage the hall and car floor buttons, close the door(s), and open the valve to return the car to the lowest landing at normal speed. When the car reaches the lowest landing, the ERU is designed to open the door(s) for a preset time. The device is also designed to allow the DOOR OPEN button to continue to operate normally to allow passengers to exit safely. After all passengers have exited, the car remains parked with the door(s) closed. To preserve battery life, the ERU is designed to turn off after four minutes. APPLIED CAR OPERATING PANEL (NEW) An applied car operating panel of satin stainless steel shall be furnished. The panel shall contain a bank of illuminated buttons marked to correspond with the landings served, an emergency call button, emergency stop button or switch, door open and door close buttons, and a light switch. The emergency call button shall be connected to a bell that serves as an emergency signal. A fan switch, if optional fan is provided, shall also be located in the car operating panel. All car operating panel lamps shall be the low- voltage long life lamps. ADA PHONE (NEW) Provision shall be made in the new elevator car operating panel provided and will include the installation of an ADA approved telephone. CAR POSITION INDICATOR (NEW) A new car position indicator shall be installed. The position of the car in the hoistway shall be shown by illumination of the indication corresponding to the landing at which the car is stopped or passing. All lamps shall be low - voltage, longer life lamps. AUDIBLE SIGNAL (INDICATES PASSING OR STOPPING AT A LANDING) An audible signal shall sound in the car to tell passengers that the car is either stopping or passing a landing served by the elevator. © , 2003 All Rights Reserved °MIMI Form mrg_mod_a (01/06) Proposal# Page 3 of 8 "IN -CAR" DIRECTION LANTERNS (NEW) New direction lantern shall be mounted in or near the car entrance jamb, visible from the corridor, which when the car stops and the doors are opening, shall indicate the direction in which the car will travel. A chime shall also be furnished on the car, which will sound once for the "UP" direction and twice for the "DOWN" direction as the doors are opening. EMERGENCY CAR LIGHTING (NEW) An emergency power unit employing a 12 -volt sealed rechargeable battery and a totally static circuit shall be provided. The power unit shall illuminate the elevator car and provide current to the alarm bell in the event of normal power failure. The equipment shall comply with the requirements of the latest revision of the ASME /ANSI A17.1 Code. HALL BUTTON STATIONS (NEW) New hall button stations shall be installed at each landing, an up and a down button at each intermediate landing and a single button at each terminal landing. When a call is registered by momentary pressure on a landing button, that button shall become illuminated and remain illuminated until the call is answered. Hall button lamps shall be low - voltage, long life lamps. HALL POSITION INDICATOR (NEW) A hall position indicator with a stainless steel faceplate shall be installed at main landing. The position of the car in the hoistway shall be shown by the illumination of the indicator corresponding to the landing at which the car is stopped or passing. HOISTWAY OPERATING DEVICES (NEW) Normal terminal stopping devices shall be provided to slow down and stop the car automatically at the terminal landings and to automatically cut off the power and apply the brake, should the car travel beyond the terminal landings. CAR GUIDES (RETAINED) The existing car guides shall be retained. They shall be thoroughly inspected. Any worn parts will be replaced by the original manufacture parts or equal. CAR FRAME (RETAINED) The existing car frame shall be retained. FLOORING (RETAINED) The present flooring will be retained. DOOR OPERATOR (NEW) A new AT 400 door operator shall be installed. A Closed Loop Door Operator shall be furnished. This closed loop microprocessor based door system will facilitate smooth operation under varying environmental influences such as, temperature, wind, friction, and component variation. The processor will monitor the door's actual position and velocity compared to its desired position and velocity. If variations are detected in the profile the command will be automatically corrected. The Closed Loop Door Operator control system shall not require machine room door control equipment. © , 2003 All Rights Reserved Omca1 Form mrg_mod_a (01/06) Proposal# Page 4 of 8 Door operation shall be automatic at each landing with door opening being initiated as the car arrives at the landing and closing taking place after expiration of an adjustable time interval. An electric car door contact shall prevent the elevator from operating unless the car door is in the closed position. Door close shall be arranged to start after a minimum time, consistent with Handicap Requirements. Doors shall be arranged to remain open for an adjustable time period sufficient to meet ADA requirements. INTERLOCKS (NEW) New interlocks will be installed. The interlocks shall prevent operation of the elevator unless all doors for that elevator are closed and shall maintain the doors in their closed position while the elevator is away from the landing. Emergency access to the hoistway as required by governing codes shall be provided. LAMBDA 3D® DOOR PROTECTION DEVICE A solid state, infrared passenger protection device shall be installed on the car door. This device provides 56 infrared light beams that create an invisible safety net across the elevator entrance. In addition, LAMBDA® 3D adds a triangular coverage area to protect passengers approaching or exiting the landing door zone or entryway. The LAMBDA 3D system aims 12 additional infrared beams out into the entryway at a nominal 30 degree angle away from the direction of door travel. If these beams strike an object in the middle of the entryway, some, of the light is reflected into special photo - diode receivers which scan into the entryway at a nominal 30 degree angle. If the receivers detect enough light, a reversal signal is generated to open the doors. The maximum projection of these 12 additional beams at any time is one - third of the door opening width. CAR ENCLOSURE (RETAINED) The present car enclosure shall be retained. HOISTWAY ENTRANCES (RETAINED) The present hoistway entrances will be retained. PIT SWITCH An emergency stop switch shall be located in the pit accessible from the pit access door. SPRING BUFFERS AND PIT PIPING (NEW) The existing spring buffers shall be replaced with a new pit steel assembly which will include new springs. The existing hydraulic pressure line will be replaced and included a new code required shut off valve. ENGINEERING DESIGN All new material furnished will be specifically designed to operate with original elevator equipment being retained, thus assuring maximum performance and eliminating any divided responsibility. PERMITS AND INSPECTIONS The elevator contractor shall furnish all licenses and permits and shall arrange for and make all required inspections and tests. CODE The elevator equipment shall be furnished and installed in accordance with the latest additions in effect (at the time of execution of this agreement) of the ASME /ANSI A17.1 Safety Code for Elevators and Escalators, An American National Standard, including the latest Supplement, and the Americans with Disabilities Act. ©; 2003 All Rights Reserved Ontiptfict Form mrg_mod_a (01/06) Proposal# Page 5 of 8 NOI1VZIN a0V3 I CODE (LOCAL) The elevator equipment shall comply with all applicable local codes. WORK BY OTHERS The following items must be performed by others and you agree to: Provide suitable ventilation and cooling equipment, if required, to maintain the machine room ambient temperature between 32 °F and 113 °F. The relative humidity should not exceed 95 percent non - condensing. Provide electrical power for light, tools, hoists, etc. during installation as well as electrical current for starting, testing and adjusting the elevator. Provide a smoke detector system, located as required with wiring from the sensing devices to each elevator controller. Do any required cutting, including cutouts to accommodate hall signal fixtures, patching and painting of walls, floors or partitions. At no expense to us, others are to provide a dedicated (non -PBX) touch -tone business telephone line terminated in the machine room. Provide a fused disconnect switch or circuit breaker for each elevator per the applicable National Electrical Code with feeder or branch wiring to controller. Size to suit elevator contractor. Provide a 120 volt AC, 20 amp, single -phase power supply with fused SPST disconnect switch for each elevator with feeder wiring to each controller for car lights. Provide a safe and dry on -site storage area for elevator material. Any modification or installation of lights and/or electrical outlets in the machine room and /or pit to be performed by others. LIMITATIONS Under no circumstances shall the elevator contractor be liable for indirect, consequential, or special damages resulting from the installation or use of this product. MAINTENANCE Maintenance will be furnished on the elevator equipment provided for under this contract for a period of three months commencing on the date the elevator equipment is turned over to you for use. Maintenance will consist of regular examinations and any necessary adjustment and lubrication of the equipment by competent employees under our direction and supervision. The required supplies and parts will be furnished except such parts as may be needed because of negligence, misuse or accidents not caused by us. Upon your request, special examination will be made should trouble develop between regular examinations and you agree to notify us promptly of any such trouble. All work will be performed during our regular working hours of our regular working days except for emergency minor adjustments callback service which will be provided during regular working hours and also during any overtime hours. No work or service other than that specifically mentioned is included or intended. It is agreed that we do not assume possession or control of any part of the equipment but such remains yours exclusively as the owner (or lessee) thereof. We shall not be liable for any loss, damage or delay due to any cause beyond our reasonable control including, but not limited to, acts of government, strikes, lockouts, fire, explosion, theft, floods, riot, civil commotion, war, malicious mischief or act of God. Under no circumstances shall we be liable for consequential damages. © , 2003 All Rights Reserved it np ©4 Form mrg_mod_a (01/06) Proposal# Page 6 of 8 ALTERNATE I (CAIB INTERIOR) PASSENGER CAR INTERIOR Furnish and install a new custom manufactured interior for the passenger cab approval drawings will provided (Contemporary model — see included brochure for an example). • New interior walls with choice from standard laminate selection • New 6 panel drop ceiling using modern low voltage haloeng illumination. Each panel shall contain a 4" dia LED fixture and be faced with 18 gauge #4 stainless steel. The LED illuminators will be controlled by car top dimmer control. • New brushed stainless steel hand rails in accordance with current codes. The extent of the work to be performed is either described above or in the attached specification, which is incorporated into and made a part of this document. PRICE: $ Dollars This price is based on a twenty -five percent (25 %) down payment in the amount of $ This proposal, including the provisions printed on the pages following, shall be a binding contract between you, or the party identified below for whom you are authorized to contract (collectively referred to herein as :you:), and us when accepted by you through execution of this proposal by you and approved by our authorized representative; or by your authorizing us to perform work for the project and our commencing such work. Submitted by: Accepted in Duplicate CUSTOMER «COMPANY LONG» Approved by Authorized Representative Approved by Authorized Representative Date: Date: Signed: X Signed: Print Name: Print Name: Title: Title: Name of Company: ❑ Principal, Owner or Authorized Representative of Principal or Owner ❑ Agent (Name of Principal or Owner) © , 2003 All Rights Reserved ln®c4 Form mrg_mod_a (01/06) Proposal# Page 7 of 8 TERMS AND CONDITIONS The work shall be performed for the agreed price plus any applicable sales, excise or similar taxes as required by law. In addition to the agreed price, you shall pay to us any future applicable tax imposed on us, our suppliers or you in connection with the performance of the work described. This quotation is subject to change or withdrawal by us prior to acceptance. We warrant to you that the work performed by us hereunder shall be free from defects, not inherent in the quality required or permitted, in material and workmanship for one (1) year from the date of substantial completion. Our duty and your remedy under this warranty are limited to our correcting any such defect you report to us within the warranty period by, at our opinion, repair or replacement, provided all payments due under the terms of this contract have been made in full. All parts used for repair or replacement under this warranty shall be good quality and furnished on an exchange basis. Printed circuit boards used for replacement parts under this warranty may be refurbished boards. Exchanged parts become our property. We shall perform the work during our regular working hours of our regular working days unless otherwise agreed in writing. You shall be responsible for providing suitable storage space at the site for our material. You shall obtain title to all the equipment famished hereunder when final payment for such material is received by us. In addition, you shall be granted a license to use any software incorporated into any such equipment solely for operating such equipment. Any drawings, illustrations or descriptive matter furnished with the proposal are submitted only to show the general style, arrangement and dimensions of the equipment. Payments shall be made as follows: A down payment of twenty-five percent (25 %) of the price shall be paid after we have completed processing your equipment requirements, and orders are placed; the balance shall be paid on completion if the work is completed within a thirty day period. If the work is not completed within a thirty day period, monthly progress payments shall be made based on the value of any equipment ready or delivered, if any, and labor performed through the end of the month less a five percent (5 %) retainage and the aggregate of previous payments. The retainage shall be paid when the work is completed. We reserve the right to discontinue our work at any time until payments shall have been made as agreed and we have assurance satisfactory to us that subsequent payments will be made when due. Payments not received within thirty (30) days of the date of invoice shall be subject to interest accrued at the rate of eighteen percent (18 %) per annum or at the maximum rate allowed by applicable law, whichever is less. We shall also be entitled to reimbursement from you of the expenses, including attorney's fees, incurred in collecting any overdue payments. Any material removed by us in the performance of the work shall become our property. Our performance is conditioned upon your securing any required governmental approvals for the installation of any equipment provided hereunder and your providing our workmen with adequate electrical power at no cost to us with a safe place in which to work, and we reserve the right to discontinue our work in the building whenever in our opinion working conditions are unsafe. If overtime work is mutually agreed upon and performed, an additional charge thereof, at our usual rates for such work, shall be added to the contract price. The performance of our work hereunder is conditioned on your performing the preparatory work and supplying the necessary data specified on the front of this proposal or in the attached specification, if any. Should we be required to make an unscheduled retum to your site to begin or complete the work due to your request, acts or omissions, then such retum visits shall be subject to additional charges at our current labor rates. We shall retain a security interest in all material furnished hereunder and not paid for in full. You agree that a copy of this Agreement may be used as a financing statement for the purpose of placing upon public record our interest in any material fumished hereunder, and you agree to execute a UCC -1 form or any other document reasonably requested by us for that purpose. Except insofar as your equipment may be covered by an < <Company Short:' maintenance or service contract, it is agreed that we will make no examination of your equipment other than that necessary to do the work described in this contract and assume no responsibility for any part of your equipment except that upon which work has been done under this contract. Neither party shall be liable to the other for any loss, damage or delay due to any cause beyond either parties reasonable control, including but not limited to acts of government, strikes, lockouts, other labor disputes, fire, explosion, theft, weather damage, flood, earthquake, riot, civil commotion, war, mischief or act of God. We do not agree under our warranty to bear the cost of repairs or replacements due to vandalism, abuse, misuse, neglect, normal wear and tear, modifications not performed by us, improper or insufficient maintenance by others, or any cause beyond our control. We shall conduct, at our own expense, the entire defense of any claim, suit or action alleging that, without further combination, the use by you of any equipment provided hereunder directly infringes any patent, but only on the conditions that (a) we receive prompt written notice of such claim, suit or action and full opportunity to assume the sole defense thereof, including settlement and appeals, and all information available to you for such defense; (b) said equipment is made according to a specification or design furnished by us; and (c) the claim, suit or action is brought against you. Provided all of the foregoing conditions have been met, we shall, at our own expense, either settle said claim, suit or action or shall pay all damages excluding consequential damages and costs awarded by the court therein and, if the use or resale of such equipment is finally enjoined, we shall at our option, (i) procure for you the right use of the equipment, (ii) replace the equipment with equivalent noninfringing equipment, (iii) modify the equipment so it becomes noninfringing but equivalent, or (iv) remove the equipment and refund the purchase price (if any) less a reasonable allowance for use, damage or obsolescence. THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE THE EXCLUSIVE WARRANTIES GIVEN: WE MAKE NO OTHER WARRANTIES EXPRESS OR IMPLIED, AND SPECIFICALLY MAKE NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE; AND THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ANY SUCH WARRANTIES AND ANY OTHER OBLIGATION OR LIABILITY ON OUR PART. Under no circumstances shall either party be liable for special, indirect, liquidated, or consequential damages in contract, tort, including negligence, warranty or otherwise, notwithstanding any indemnity provision to the contrary. Notwithstanding any provision in any contract document to the contrary, our acceptance is conditioned on being allowed additional time for the performance of the Work due to delays beyond our reasonable control. Your remedies set forth herein are exclusive and our liability with respect to any contract, or anything done in connection therewith such as performance or breach thereof, or from the manufacture, sale, delivery, installation, repair or use of any equipment furnished under this contract, whether in contract, in tort, in warranty or otherwise, shall not exceed the price for the equipment or services rendered. It is agreed that after completion of our work, you shall be responsible for ensuring that the operation of any equipment fumished hereunder is periodically inspected. The interval between such inspections shall not be longer than what may be required by the applicable goveming safety code. By accepting delivery of parts incorporating software you agree that the transaction is not a sale of such software but merely a license to use such software solely for operating the unit(s) for which the part was provided, not to copy or let others copy such software for any purpose whatsoever, to keep such software in confidence as a trade secret, and not to transfer possession of such part to others except as a part of a transfer of ownership of the equipment in which such part is installed, provided that you inform us in writing about such ownership transfer and the transferee agrees in writing to abide by the above license terms prior to any such transfer. Our work shall not include the identification, detection, abatement, encapsulation or removal of asbestos, polychlorinated biphenyl (PCB), or products or materials containing asbestos, PCB's or other hazardous substances. In the event we encounter any such product or materials in the course of performing work, we shall have the right to discontinue our work and remove our employees from the project until you have taken the appropriate action to abate, encapsulate or remove such products or materials, and any hazards connected therewith, or until it is determined that no hazard exists (as the case may require). We shall receive an extension of time to complete the work hereunder and compensation for delays encountered as a result of such situation. This Agreement constitutes the entire understanding between the parties regarding the subject matter hereof and may not be modified by any terms on your order form or any other document, and supersedes any prior written or oral communication relating to the same subject. Any amendment or modifications to this Agreement shall not be binding upon either party unless agreed to in writing by an authorized representative of each party. Both parties agree that any form issued by you that contains any terms that are inconsistent with those contained herein shall not modify this Agreement, nor shall it constitute an acceptance of any additional terms. ©, 2003 All Rights Reserved OgiMpmoft Form mrg_mod_a (01/06) Proposal# Page 8 of 8 EMONT Lemont Village Hall Renovation Schematic Design Report Project No. 02- 5011 -05 March 16, 2012 5 Projected Costs The following pages reflect the current estimation of the project cost based on the extent of design data developed to date and documented in this report. During the Schematic Design phase, meetings were conducted with a couple key trade contractors to review scope and solicit budgetary cost input on certain items. The cost data provided by these key contractors has been included as additional reference. Village of Lemont Village Hall Renovation & Maintenance Upgrades Schematic Design Progress Estimate March 16, 2012 ht Hard Construction Costs Unit Quantity Unit Cost Notes Item Total Estimated Costs Building Renovation / Upgrade Basement Renovation Renovation @ old PD Existing Stair Demolition Lobby & Service Counter Renovation Furniture - 1st Floor New Stair Construction New Windows (east facade) Front Facade Renovation First Floor Staff Toilet Room Rebuild Furniture - 2nd Floor Second Floor Toilet Room Rebuild Network Room Expansion Re -Feed Existing Emergency Generator Supplemental Heat Technology Upgrades New Roof Access Hatch & Ladder Second Floor East Office Reno 1st floor struct modification Furniture Systems for Bldg Dept. ALLOW LS LS SF ALLOW LS EA SF LS ALLOW LS ALLOW ALLOW LS LS LS SF LF ALLOW 1.0 1.0 1.0 2,600.0 1.0 1.0 8.0 50.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 280.0 16.0 1.0 $20,000 $90,400 $20,000 $95 $20,250 $60,000 $2,000 $40 $109,100 525,000 5109,100 $0 $15,000 $10,000 574,200 $14,000 $50 $1,500 $17,800 for stair & structure incl. toilet rooms includes vault Incl. Structural total all levels 6@ 1st floor &2 @2nd infill NIC Network Room Only north & south - 1st floor Intl roof ladder & prot. Rail incl. furniture to open plan @ center 4 desks, shared table, files 520,000 590,400 $20,000 $245,950 Incl. Below 560,000 $16,000 52,000 5109,100 Incl. Below $109,100 50 $15,000 $10,000 $74,200 $14,000 $14,000 524,000 Incl. Below Building Renovation / Upgrade Subtotal Cost $823,750 Deferred Maintenance Village Hall Tuck - pointing Old PD Tuck - pointing RTU roof platform & screening Replace Skylight Roof Repairs Window Replacement - Alum. (North) Window Replacement - Alum. (all other) Fire Protection Revisions Dry System Fire Prot. Revisions Basement Access Control System Upgrade Elevator Modernization HVAC Refinement Electrical distribution updates LS LS LS SF ALLOW SF EA LS LS LS LS LS ALLOW 1.0 1.0 1.0 200.0 1.0 230.0 260.0 1.0 1.0 1.0 1.0 1.0 1.0 $107,760 $27,060 $35,000 $110 520,000 $105 $70 $9,000 $10,000 $5,000 $60,000 $25,000 $35,000 cyberdyne est 107,760 cyberdyne est, includes 515,001 27,060 36,000 22,000 20,000 24,150 18,200 9,000 10,000 5,000 60,000 25,000 35,000 acoustic windows alum. Storefront metropolitan est. service relocation. Expand System incl. pit repairs & cab (Otis) t -stat reloc + T &B Deferred Maintenance Subtotal Cost $399,170 Interior Finish Upgrades New Carpet - 1st Floor New Ceiling Tile - 1st Floor Painting - 1st Floor New Carpet - 2nd Floor New Ceiling Tile - 2nd Floor New Energy Efficient Lights in Board Rm Painting - 2nd Floor Misc. patch & repair SF SF SF SF SF SF SF SF 3,400.0 2,650.0 4,300.0 2,800.0., 2,800.0 1,320.0 4,300.0 8,600.0 54.5 carpet tile $3.5 incl. diffusers, excludes north re $3 cost per plan sf $4.5 carpet tile $3.5 incl. diffusers, excludes north re $5 $3 cost per plan sf $2 15,300 9,275 12,900 12,600 9,800 6,600 12,900 17,200 Interior Finish Upgrades Subtotal Cost $96,575 Site Improvements Costs Front Entry - Sidewalk East Parking (Patch & Re- surface) South Retaining Wall LS 0.0 SF 10,200.0 ALLOW 0.0 $32,500 Comp!. as Separate Project 50 Comp!. as Separate Project $30,000 Comp!. as Separate Project 0 0 0 Site Improvements Subtotal Cost $0 Project General Conditions $183,443 Total Construction Cost 51,502,938 Page 1 of 2 Village of Lemont Village Hall Renovation 61: Maintenance Upgrades Schematic Design Progress Estimate March 16, 2012 Fees and Contingencies Cost Escalation Project Contingency CM Fees A/E Fees Reimbursable Budget Priced in 2012 Dollars ht 245,000 48,000 145,000 4,000 Fees & Contingency Subtotal Cost $442,000 Total Project Costs $1,944,938; Total Project Costs (excluding contingency) $1,699,938' Other Project Costs New Furniture Allowance New Emergency Generator ALLOW 1.0 $63,050 Comp!. as Separate Project ALLOW 1.0 $55,000 Incremental add cost 63,050 55,000 Other Project Costs Subtotal $118,050 Page 2 of 2 tropall. Fire Protection 175 Gordon Street Elk Grove Village Illinois, 60007 www.metrofp.com P 847.758.9820 F 847.758.9822 n oporty 2 January 5, 2012 Mr. Jason Dwyer Wight & Company 2500 North Frontage Road Darien, Illinois 60561 re: Lemont Village Hall Dear Jason, We are pleased to submit the following quotation to complete fire protection work at the above referenced project. Option # 1: We will remove the exisitng dry pipe valve located above the 2°d Floor dropped ceiling and relocate this assembly over to the Janitors Closet. We will install new bulk main piping from the existing location to the new. We will install new trim as required for the exisitng dry valve as well. The valve/ trim and all air compressor parts will be installed at ground level for easy access and maintenance. Total Price = $8,755.00. Option #2: We will demo and remove the exisitng fire protection backflow preventor in the Basement. We will route new schedule 40 galvanized piping from the vault area under the sidewalk into the actual basement area (on other side of foundation wall). We will furnish and install a new backflow preventor and OS &Y control valves along with all pipe, fittings, hangers required to connect the system back into the exisitng riser that supplies the building. The new backflow preventor will also be certified after installation. Total Price = $9,200.00. If you have any questions or require any additional information, please contact me. Sincerely, Metropolitan Fire Protection, Inc. Brian Ferguson NKL A & IE SUPPRESSION SYSTE Dwyer, Jason Subject: Attachments: FW: Elevator Visit Lemontvillagemodscope.pdf; 211MXP_F.pdf; cabin_f.pdf From George Schafer [mailto:gschafer @lemont.il.us] Sent: Monday, January 23, 2012 9:04 AM To: Dwyer, Jason Cc: Ben Wehmeier; Joe Ostapchuk; Ed Buettner Subject: FW: Elevator Visit Jason- Please see documentation from Otis on our elevator. George J. Schafer Assistant Village Administrator 418 Main Street Lemont, IL 60439 phone: (630) 243 -2709 fax: (630) 243 -0958 http: / /www.lemont.il.us http: // local .nixle.com /village- of- Iemont/ From: Jackson, Robert E [ mailto :Robert.Jackson @acmelevator.com] Sent: Monday, January 23, 2012 8:56 AM To: George Schafer Subject: RE: Elevator Visit Hi George, Thanks for your time, and I was going to get this to you today. This will meet all current codes and give the hall a unit which will be highly Reliable, and removes the potential for obsolescence of the existing generic PLC control system the elevator currently has. Attached is a sample scope of work with the hydraulic piping replacement in the pit. also describes an alternate of upgrading the interior of the unit. -- new cab walls, ceiling etc. Depending on final scope which can vary, the upgrade would run $49,400 for the modernization of the unit, and about $10,500 additional for a complete cab interior upgrade. We'd use our standard XP package with info sheets attached. Remember that a fire alarm system (smoke detectors) would be by other trades.. Let me know if you have any questions, Thanks, Robert E. Jackson Sr. Account Manager Otis Elevator Company www.otis.com 1 CYBERDYNE MASONRY Date: December 21, 2011 Contractor: Wight Construction Attention: Jason Dwyer Address: 2500 North Frontage Rd. Darien, IL Prints Dated: None Addendumst None BUDGET NUMBERS ONLY: VILLAGEH4LL BUILDING 1. Tuckpolnt East site of building 2. Tuckpolnt North Side of building 3. Tuckpolnt Top 9' x 100' on upper roof by access ladder. 4. Tuckpolnt South Side of Building 5. Tuckpolnt up top by downspout on West side towards North 6. Replace (4)18-x38' stone caps and remove Mick to roof line. 7. Tuckpointchimney. 8. Tuckpolnt 2 comers of roof walls at North 9. Grind and caulk joints around windows on city all at upper west wall. Project: Lemont Village Hail Architect: Wight 910 POLICE STATION HUILOIN4 1. Replace 12 terra cotta coping stones. 2. Grind and caulk around window at north side. 3. Grind out and caulk joint between cly hall and polite station. 4. Rework Inside joint at north side. 5. Grind and calk steel at overhead door and stone above overhead door. 6. Rebuild Planter wall at north side. Additional Items lndoded In Pricing Above: fl J Union tabor Workers/ comp./ Gen. Liability Insurance Licenses dean Up from Mason's Debris Sealants Waterproofing Damproofing Waterproofing Electricity (220/30A/1P) Install Hollow Metal Frames Foam In Place Insulation Dust Protection Site Restoration Shoring Patching of Other Trades Colored Mortar Setting of Steel Over 150lbs. Caulking Protection of Pavement/ Landscaping MBE/ WOE Requirements Brick Cleaning for Reuse 522,800.00 530,000.00 513,500.00 536,000.00 5900.00 51,000.00 51,760.00 5900.00 5900.00 5107,760.00 51,800.00 $5,760.00 5900.00 5900.00 52,700.00 515.000.00 527,060.00 (If It Is Not Checked It Is Not Induded) Winter Protection or Heat Tests or Testing Costs Liquidated Damages Dpslers Oeummolitlon Premium Time Mortar Accelerators Stabilizer Anchors Anchor Bolts Furnishing of Steel Unteh Welded or Bolted Connections of Steel Fire Stopping/ Sating Kotecki Waiver Bid, Performance, Payment Bond Tax Angles Waiver of Subrogation Builders Risk Insurance Removal of Debris from Site Drafting of Shop Drawings 2039 RACHEL LANE / AURORA / ILLINOIS / 60502 630.527. 1010 630.527.0433 fax Lemont Village Hall Renovation Schematic Design Report Project No. 02- 5011 -05 March 16, 2012 6 Preliminary Project Schedule The following page illustrates a preliminary schedule for completion of the project. We understand the Village would like to complete the project prior to Thanksgiving, and the attached schedule was built around that target. Further refinement to the schedule is anticipated in the subsequent design phases, but this schedule reflects what is believed to be a realistically achievable schedule at this time. EXHIBIT "C" Project Schedule Dated April 19, 2012. Village of Lemont 32 Project No: 07- 5011 -05 Village Hall Renovation 4/19/2102 O l O rt as w u tn V R CU u^ �� a la 15 O .� E. -'' W J L �a O a) N 5c d IN i N.,_a .....0.10 C w E wl o. N 0 C U 3 u °°, a_$.. _.a \t0 F 0 Lease Space Duration 04 0. e 2 2 8 N 0 N .~i Interior Finish( 0 0 0 e e e 0 0 0 0 0 e 0 0 0 '.e 0 0 0 0 0 e e e 0 0 0 0 0 0 0 0 '.0 0 0 0 0 0 o 0 0 0 0 0 0 '0 0 0 N N N N N. N N N N .-1 N N' N. N N N N ei .-1 N N N N N N N N N N N N N N \ \ .-I N N- N N N. \ \ \ \ \ n \ \ \ \ N N \ \ \. N' 0 0 \ N \- N \ t0 O) N 01. 0 N 0. C 00 M N 0 M- C 00 ■N- \ C\ N 01 \ M N 0 \ O. \ �"� N C N C N C NI N- N N .0 _ _ _ N 0 N: 0 N ,_ N -,_ N 0 0 ,C \'C \'C \: .0 \'C .\-I 7 ■ . N ._ tD N.. n , M , \ 0 \ 0 \ 0 \ w \ 7 \ 7 u ;'' \ E\ \ \ L7 l\0 2 l\0 LL l0 L 7.75 LL 10 C\ C\ C\ O O N 71 7 L N L N. �aLLln�a:�lnLL�o LLnLLNf �-I �in�inu.naLmLLOO aLNNN�N:i- NF- NI --.-I. N N N._ N: N IN N N N N N N N N N N- N N N N .'0 N N N' N N N N N N- N N N N N N N N IN N 01 N- N N \ \ \ \ \ IN DI COI C01 C t0 C C 00 C 00 C 00 0 \ C\ 0 l al C \- C 00 C \ C \ 0...,0--, 0 I.I 0 M 0 0 0 N M N N N 04 O O H O H O 00 O\ O N O IN O 0.7 O rq ,` O n, O O N O \ O\ o\ o N o ni 0 O O J O S i. 7 N L .\'- ,z 2m 2m2 4 24 2 In2 eii n 2 2 2ro aL to- 2n nE n2 n'2ni n2n n 2m2 N1 N1- N1 - NI- N u`.N Duration '.Start N > > 2y^ >' > Y N 3 3 'v 'o .. 0 M 0 00 -N N Cr N N M N N N N N'0 f'.1 00 3 00 c iw w o a Q o E m a z :eta c m w n w w a ❑ ❑ ❑ :Construction Documents Board Approval of CM Contr Issued for Permit Review w t O c u_ n 00 Ol O N eN eM O 3 3 3 3 3 v 3 3 o -f0o 3 N N n l0 n N N N N N N w 0 C C g ❑ o C 7 C O O z a� v a 00 T, ~ H U a U CO W 02 'LL a d .. Ec 0 o a •O ° O O O U ❑ C E w w m w o 3 d g. a i Printed: Thu 4/19/12