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20191216 Amended Council Agenda with Attachments Monday, December 16, 2019 Closed Session – 6:30 p.m. Regular Session – 7:00 p.m. Room 102 CALL TO ORDER CLOSED SESSION ACQUISITION OF PROPERTY PROBABLE OR IMMINENT LITIGATION PERSONNEL REGULAR SESSION ROLL CALL PRAYER PLEDGE OF ALLEGIANCE PUBLIC HEARING CDBG PY2018 CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT (CAPER) PUBLIC COMMENT (matters not on the Agenda) ALDERMEN ANNOUNCEMENTS/COMMENTS MAYORAL ANNOUNCEMENTS/COMMENTS CITY CLERK ANNOUNCEMENTS/COMMENTS MANAGER’S REPORT CITY ATTORNEY/GENERAL COUNSEL REPORT AS AMENDED 12/13/2019 CONSENT AGENDA ITEM #8. and NEW BUSINESS #3A. ADDED | CONSENT AGENDA 1. RESOLUTION R-202-19: Approving the Community Development Block Grant Program Consolidated Annual Performance & Evaluation Report (CAPER) for Program Year 2018 2. RESOLUTION R-203-19: Waiving Bidding Requirements and Approving a Service Contract with B&F Construction Code Services, Inc. for Building Plan Review and Inspection Services in the Amount of $80,000 for the Year 2020 3. RESOLUTION R-206-19: Amending the 6b Application for 76 Bradrock Drive that was Unanimously Approved Via Resolution R-138-19 to Include Additional PIN # 09-30-100-049 4. RESOLUTION R-208-19: Approving an Agreement with Advantage Government Strategies, LLC, for Intergovernmental and Legislative Advocacy Services in the Amount of $60,000 – Budgeted Funds. 5. SECOND READING – M-51-19: Consideration of a General Daily Parking Fee Increase for Downtown Des Plaines, Cumberland Metra Station, and the Metropolitan Square Parking Garage from $1.50 to $2.00 per Day 6. RESOLUTION R-205-19: Approving Task Order No. 6 with Walker Consultants, Hoffman Estates, IL in the Amount of $158,250.00 plus $5,000.00 of Reimbursable Expenses for Professional Services Related to the Construction Phase of the Civic Center Parking Structure. Budgeted Funds – TIF #1 Downtown. 7. Minutes/Regular Meeting – December 2, 2019 8. RESOLUTION R-204-19: Awarding the Bid for the Civic Center Parking Deck Replacement Project to Walsh Construction Company II, LLC, Chicago, IL, in the Amount of $15,293,000.00. Budgeted Funds – Facilities Replacement/TIF #1/City-Owned Parking. APPOINTMENTS & RE-APPOINTMENTS (For your information only – no action required) APPOINTMENTS: LIBRARY BOARD OF TRUSTEES Mindy Capper, Term To Expire 6/30/2022 PLANNING & ZONING BOARD Cindy Veremis, Term To Expire 4/30/2022 | RE-APPOINTMENTS: BOARD OF FIRE & POLICE COMMISSIONERS Debra Lester, Term to Expire 4/30/2022 LIBRARY BOARD OF TRUSTEES Gregory Sarlo, Term to Expire 6/30/2022 Kristen Graack, Term to Expire 6/30/2022 Umair Qadeer, Term to Expire 6/30/2022 PLANNING & ZONING BOARD Paul Saletnik, Term to Expire 4/30/2022 James Szabo, Term to Expire 4/30/2022 UNFINISHED BUSINESS 1. SECOND READING - ORDINANCE M-49-19: Discussion and Consideration of an Amendment to the City Code Regarding Water Rates and Storm Sewer Fees 2. SECOND READING – M-50-19, As Amended: Discussion and Consideration of an Amendment to the City Code to Allow for the Keeping of Backyard Hens NEW BUSINESS 1. FINANCE & ADMINISTRATION – Alderman Malcolm Chester, Chair a. Warrant Register in the Amount of $3,884,208.89 – RESOLUTION R-207-19 2. LEGAL & LICENSING – Alderman Carla Brookman, Chair a. Consideration of an Ordinance Amending Title 15 of the City Code of the City of Des Plaines to Adopt a Municipal Cannabis Retailers’ Occupation Tax – ORDINANCE M-52-19 3. a. Consideration of the Submission of a Public Question to Authorize the Appointment of the City Clerk – RESOLUTION R-209-19 OTHER MAYOR/ALDERMEN COMMENTS FOR THE GOOD OF THE ORDER ADJOURNMENT City of Des Plaines, in compliance with the Americans With Disabilities Act, requests that persons with disabilities, who req uire certain accommodations to allow them to observe and/or participate in the meeting(s) or have questions about the accessibility of the meeting(s) or facilities, contact the ADA Coordinator at 391 -5486 to allow the City to make reasonable accommodations for these persons. PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: December 11, 2019 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Timothy Watkins, Assistant Director of Public Works and Engineering Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Subject: Award Bid – Des Plaines Civic Center Parking Structure Issue: Bids for the Civic Center Parking Structure Replacement project were opened on December 6, 2019. Analysis: The new parking facility will provide secure parking for the Police Department, employee parking for both City Hall and Police Department employees, visitor parking and parking for the patrons of the remodeled theater. The design is a four level (includes basement) parking structure with 274 spaces. A total of five bids were received as shown in the table below: BIDDER’S NAME BID AMOUNT Apex Construction Group, Inc. $14,368,941.83 Path Construction Company, Inc. $15,288,000.00 Walsh Construction Company II, LLC $15,293,000.00 James McHugh Construction Co. $15,772,999.00 Read As $15,773,000.00 Rausch Infrastructure, LLC $16,343,428.00 Read As $16,343,427.00 Neither Apex Construction nor Path Construction met the qualifications and experience criteria as required in the bid documents as detailed on Attachment 2. In addition, Apex Construction’s bid was incomplete as it did include a detailed bid breakdown of the various work items in the contract. Walsh Construction has met all bid requirements and is recommended for award by our parking structure design and construction engineers on the project, Walker Consultants. This project is approved in the 2020 budget in the amount of $15,200,000. Expenditures for the project will not occur until the 2020 fiscal year. MEMORANDUM Page 1 of 69 CONSENT AGENDA #8. Recommendation: We recommend award of the Des Plaines Civic Center Parking Structure project to the lowest qualified and responsible bidder, Walsh Construction Company II, LLC, 929 West Adams Street, Chicago, IL 60607 in the amount of $15,293,000. Funding source will be the Facilities Replacement Fund, TIF 1 and City Owned Parking Fund. Attachments: Attachment 1 - Bid Tabulation Attachment 2 – Walker Consultants Letter of Recommendation Resolution R-204-19 Exhibit A - Contract Page 2 of 69 A1.1 A2.1 A3.1 12,000,000.00$ 1,000,000.00$ 1,500,000.00$ 13,224,000.00$ 1,221,000.00$ 848,000.00$ 13,865,626.00$ 902,185.00$ 1,005,188.00$ 13,400,000.00$ 1,230,000.00$ 658,000.00$ 11,207,774.63$ 1,724,273.02$ 1,436,894.18$ 14,450,174.00$ 978,299.00$ 914,955.00$ Section: Unit Price Total Total 12/6/2019 Name of Bidder:Apex Construction Group, Inc.Path Construction Company, Inc.Walsh Construction Company II, Inc. Local Agency:Des Plaines Time:10:00 AM Address of Bidder:6100 N. Pulaski Road 125 E. Algonquin Road Item No.Item Unit 14,368,941.83$ 15,288,000.00$ 15,293,000.00$ A TOTAL CONTRACT LS 1 14,500,000.00$ B UNIT PRICE ASSOCIATED WITH ALLOWANCE NO. 2 CU YD 6000 100.00$ 80.00$ LS LS 16,343,427.00$ 15,773,000.00$ 15,773,000.00$ 16,343,427.00$ D ALTERNATE NO. 2 LS 2 20,000.00$ 44,893.00$ C ALTERNATE NO. 1 LS 1 Read As: Total Bid: 8,500.00$ 17,000.00$ 307,000.00$ 15,000.00$ 30,000.00$ $14,368,941.83 $15,288,000.00 $15,293,000.00 Estimate: Unit Price Attended By: 240,000.00$ 31,000.00$ 30,000.00$ 30,000.00$ 14,000.00$ 40.00$ 40.00$ 240,000.00$ 14,000.00$ $14,368,941.83 $15,288,000.00 $15,293,000.00 $15,773,000.00 $16,343,427.00 $3,653,079.20 $2,142,893.00 $2,340,000.00 $2,177,373.00 $2,147,254.00 Total Bid: CONTRACT- PARKING GARAGE CONTRACT - SITE CONTRACT - OFF SITE 14,368,941.83$ 11,207,774.63$ 1,724,273.02$ 44,893.00$ 35.00$ 210,000.00$ 11,912.00$ LS Quantity Rausch Infrastructure, LLC 1111 E. Touhy Avenue, Ste 120 Des Plaines, IL 60018 Approved Engineer's Estimate Chicago, IL 60646 Arlington Heights, IL 60005 929 W. Adams Street Chicago, IL 60607 1737 S. Michigan Avenue James McHugh Construction Co.County:Cook Date: Jon Duddles 14.5 Million 15,293,000.00$ 13,224,000.00$ 1,436,894.18$ 480,000.00$ 11,912.00$ 40,000.00$ 15,288,000.00$ 13,400,000.00$ 1,230,000.00$ 658,000.00$ 13,865,626.00$ 902,185.00$ 56,000.00$ 240,000.00$ 31,000.00$ 614,000.00$ $15,772,999.00 $16,343,428.00 28,000.00$ 40.00$ Des Plaines Civic Center Parking Structure Replacement 1,005,188.00$ 14,450,174.00$ 978,299.00$ 914,955.00$ 1,221,000.00$ 848,000.00$ Unit Price Chicago, IL 60616 Unit Price Total Unit Price Total Unit Price Total Attachment 1 Page 3 of 69 December 10, 2019 Tim Watkins Assistant Director of Public Works & Engineering City of Des Plaines 1111 Joseph Schwab Road Des Plaines, IL 60016 Dear Mr. Watkins: Walker Consultants has reviewed the Bidder’s Proposals and supplemental information submitted by Apex Construction Group, Inc. (Apex), Path Construction Company, Inc. (Path), and Walsh Construction Company II, LLC (Walsh) for the Des Plaines Civic Center Parking Structure. Based on our review of the information provided, Apex has not included a bid breakdown on AIA G703 in CSI MasterFormat per the Preparation of Bidder’s Proposal requirements set forth in Section 7 of the Bid Package, “General Instructions to Bidders”. Based on our review of the information provided, neither Apex nor Path have provided documentation that demonstrates applicable experience of the firm in its current organization per the Qualification of Bidders requirements set forth in Section 12 of the Bid Package, “General Instructions to Bidders”. Specifically, documentation to support qualification criteria has not been provided pursuant to Sections 12-D-3-a and 12-D-3-f which state: D. Qualification Criteria. Prospective Bidders must demonstrate the following to the satisfaction of Owner: 3.Applicable experience of firm as described in the Contractors Qualification Statement, including the following: a.Experience of Firm: The firm in its current organization shall have successfully completed a minimum of three (3) projects of similar type, quality, and scope, including a minimum of one (1) within the last five (5) years. f.For purposes of this Qualification, “similar project” shall be understood to include the following project elements: Stand-alone precast, prestressed concrete parking structure with vehicle capacity greater than 250 parking spaces. Based on the information included with the Bidder’s Proposals and supplemental information submitted, Walsh has provided all material required in the Bid Package including the bid breakdown on AIA G703 in CSI MasterFormat and information demonstrating applicable experience as set forth in Sections 12-D-3-a and 12-D- 3-f of the Bid Package, “General Instructions to Bidders”. Therefore, we have concluded Walsh Construction Company II, LLC to be the lowest priced responsive bidder. Sincerely, WALKER CONSULTANTS David W. Ryan, P.E. Vice President 2895 Greenspoint Parkway, Suite 600 Hoffman Estates, IL 60169 847.697.2640 walkerconsultants.com Attachment 2 Page 4 of 69 1 CITY OF DES PLAINES RESOLUTION R - 204 - 19 A RESOLUTION APPROVING A CONTRACT WITH WALSH CONSTRUCTION COMPANY II, INC. FOR THE CIVIC CENTER PARKING GARAGE REPLACEMENT PROJECT. ______ WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City has appropriated funds in the Facilities Replacement, TIF #1, and City Owned Parking Funds for use by the Department of Public Works and Engineering for the construction of the Civic Center Parking Garage Replacement project (“Work”); and WHEREAS, pursuant to Chapter Ten of Title One of the City of Des Plaines City Code and the City’s purchasing policy, the City solicited bids for the procurement of the Work; and WHEREAS, the City received five bids, which were opened on December 6, 2019; and WHEREAS, after evaluating the bids received, the City determined that the lowest bidder was not the lowest responsible bidder because its bid was incomplete and therefore was not responsive to the City’s bid solicitation; and WHEREAS, the City also determined that the second lowest bidder was also not the lowest responsible bidder because its bid was also incomplete and therefore was not responsive to the City’s bid solicitation; and WHEREAS, the City has further determined that Walsh Construction Company II, Inc. ("Contractor") submitted the lowest responsible bid for the Work; and WHEREAS, the City desires to enter into a contract ("Contract") with Contractor for the performance of the Work in the not-to-exceed amount of $15,293,000 for Work; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Contract with Contractor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF CONTRACT. The City Council hereby approves the Contract in substantially the form attached to this Resolution as Exhibit A, and in a final form approved by the General Counsel. Page 5 of 69 2 SECTION 3: AUTHORIZATION TO EXECUTE CONTRACT. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, the final Contract. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this ___ day of _________________, 2019. APPROVED this ___ day of ____________________, 2019. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Bid Award to Walsh Const Co for the Civic Center Parking Garage Replacement Project Page 6 of 69 CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF THE DES PLAINES CIVIC CENTER PARKING STRUCTURE Exhibit A Page 7 of 69 -i- CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF THE DES PLAINES CIVIC CENTER PARKING STRUCTURE TABLE OF CONTENTS Page ARTICLE I The Work ................................................................................................... 1 1.1 Performance of the Work ............................................................................ 1 1.2 Commencement and Completion Dates ...................................................... 2 1.3 Required Submittals .................................................................................... 2 1.4 Review and Interpretation of Contract Provisions ...................................... 2 1.5 Conditions at the Work Site; Record Drawings .......................................... 3 1.6 Technical Ability to Perform ....................................................................... 4 1.7 Financial Ability to Perform ........................................................................ 4 1.8 Time ............................................................................................................. 4 1.9 Safety at the Work Site ................................................................................ 4 1.10 Cleanliness of the Work Site and Environs ................................................. 4 1.11 Damage to the Work, the Work Site, and Other Property ........................... 5 1.12 Subcontractors and Suppliers ...................................................................... 5 1.13 Simultaneous Work By Others .................................................................... 6 1.14 Occupancy Prior to Final Payment .............................................................. 6 1.15 Owner’s Right to Terminate or Suspend Work for Convenience ............... 6 ARTICLE II Changes And Delays .................................................................................. 7 2.1 Changes ....................................................................................................... 7 2.2 Delays .......................................................................................................... 7 ARTICLE III Contractor’s Responsibility For Defective Work ................................... 7 3.1 Inspection; Testing; Correction of Defects .................................................. 7 3.2 Warranty of Work ........................................................................................ 8 3.3 Owner’s Right to Correct ............................................................................ 8 ARTICLE IV Financial Assurances ................................................................................. 9 4.1 Bonds ........................................................................................................... 9 4.2 Insurance ...................................................................................................... 9 4.3 Indemnification ............................................................................................ 9 ARTICLE V Payment .................................................................................................... 10 5.1 Contract Price ............................................................................................ 10 5.2 Taxes and Benefits .................................................................................... 10 Exhibit A Page 8 of 69 -ii- 5.3 Progress Payments ..................................................................................... 10 5.4 Final Acceptance and Final Payment ........................................................ 11 5.5 Liens .......................................................................................................... 11 5.6 Deductions ................................................................................................. 12 ARTICLE VI Disputes And Remedies ........................................................................... 13 6.1 Dispute Resolution Procedure ................................................................... 13 6.2 Contractor’s Remedies .............................................................................. 13 6.3 Owner’s Remedies ..................................................................................... 13 6.4 Owner’s Special Remedy for Delay .......................................................... 15 6.5 Terminations and Suspensions Deemed for Convenience ........................ 15 ARTICLE VII Legal Relationships And Requirements ................................................ 15 7.1 Binding Effect ........................................................................................... 15 7.2 Relationship of the Parties ......................................................................... 15 7.3 No Collusion/Prohibited Interests ............................................................. 15 7.4 Assignment ................................................................................................ 16 7.5 Confidential Information ........................................................................... 16 7.6 No Waiver ................................................................................................. 16 7.7 No Third Party Beneficiaries ..................................................................... 17 7.8 Notices ....................................................................................................... 17 7.9 Governing Laws ........................................................................................ 17 7.10 Changes in Laws ........................................................................................ 17 7.11 Compliance with Laws .............................................................................. 18 7.12 Compliance with Patents ........................................................................... 19 7.13 Time ........................................................................................................... 19 7.14 Severability ................................................................................................ 19 7.15 Entire Agreement ....................................................................................... 19 7.16 Amendments .............................................................................................. 20 Contractor’s Certification Attachment A: Supplemental Schedule of Contract Terms Attachment B: Specifications Attachment C: List of Drawings Attachment D: Special Project Requirements Appendix 1: Prevailing Wage Ordinance Forms: Performance Bond Labor and Material Payment Bond Exhibit A Page 9 of 69 -1- CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF THE DES PLAINES CIVIC CENTER PARKING STRUCTURE In consideration of the mutual promises set forth below, the City of Des Plaines, 1420 Miner Street / Northwest Highway, Des Plaines, Illinois 60016, an Illinois municipal corporation (“Owner”), and Walsh Construction Company II, LLC, 929 West Adams Street, Chicago, IL 60607, a Corporation (“Contractor”), make this Contract as of December 16, 2019, (the “Effective Date”) and hereby agree as follows: ARTICLE I: THE WORK 1.1 Performance of the Work Contractor, at its sole cost and expense, must provide, perform, and complete all of the following, all of which is herein referred to as the “Work”: 1. Labor, Equipment, Materials, and Supplies. Provide, perform, and complete, in the manner described and specified in this Contract, all necessary work, labor, services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data, and other means and items necessary to accomplish the Project at the Work Site, both as defined in Attachment A, in accordance with the specifications attached hereto as Attachment B, the drawings identified in the list attached hereto as Attachment C, and the Special Project Requirements attached hereto as Attachment D. 2. Permits. Except as otherwise provided in Attachment A, procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith. 3. Bonds and Insurance. Procure and furnish all Bonds and all certificates and policies of insurance specified in this Contract. 4. Taxes. Pay all applicable federal, state, and local taxes. 5. Miscellaneous. Do all other things required of Contractor by this Contract, including without limitation arranging for utility and other services needed for the Work and for testing, including the installation of temporary utility lines, wiring, switches, fixtures, hoses, connections, and meters, and providing sufficient sanitary conveniences and shelters to accommodate all workers and all personnel of Owner engaged in the Work. 6. Quality. Provide, perform, and complete all of the foregoing in a proper and workmanlike manner, consistent with the highest standards of professional and Exhibit A Page 10 of 69 Des Plaines Civic Center Parking Structure CONTRACT -2- construction practices and in full compliance with, and as required by or pursuant to, this Contract, and with the greatest economy, efficiency, and expedition consistent therewith, with only new, undamaged and first quality equipment, materials, and supplies. 1.2 Commencement and Completion Dates Contractor must commence the Work not later than the “Commencement Date” set forth on Attachment A and must diligently and continuously prosecute the Work at such a rate as will allow the Work to be fully provided, performed, and completed in full compliance with this Contract not later than the “Completion Date” set forth in Attachment A. The time of commencement, rate of progress, and time of completion are referred to in this Contract as the “Contract Time.” 1.3 Required Submittals A. Submittals Required. Contractor must submit to Owner all documents, data, and information specifically required to be submitted by Contractor under this Contract and must, in addition, submit to Owner all such drawings, specifications, descriptive information, and engineering documents, data, and information as may be required, or as may be requested by Owner, to show the details of the Work, including a complete description of all equipment, materials, and supplies to be provided under this Contract (“Required Submittals”). Such details must include, but are not limited to, design data, structural and operating features, principal dimensions, space required or provided, clearances required or provided, type and brand of finish, and all similar matters, for all components of the Work. B. See Specification Section 013300 “Submittal Procedures” for additional information. C. Responsibility for Delay. Contractor is responsible for any delay in the Work due to delay in providing Required Submittals conforming to this Contract. 1.4 Review and Interpretation of Contract Provisions Contractor represents and warrants that it has carefully reviewed this Contract, including all of its Attachments, and the drawings identified in Attachment C, all of which are by this reference incorporated into and made a part of this Contract. Contractor must, at no increase in the Contract Price, provide workmanship, equipment, materials, and supplies that fully conform to this Contract. Whenever any equipment, materials or supplies are specified or described in this Contract by using the name or other identifying feature of a proprietary product or the name or other identifying feature of a particular manufacturer or vendor, the specific item mentioned is understood as establishing the type, function and quality desired. Other manufacturers’ or vendors’ products may be accepted, provided that the products proposed are equivalent in substance and function to those named as determined by Owner in its sole and absolute discretion. Exhibit A Page 11 of 69 Des Plaines Civic Center Parking Structure CONTRACT -3- Contractor must promptly notify Owner of any discrepancy, error, omission, ambiguity, or conflict among any of the provisions of this Contract before proceeding with any Work affected thereby. If Contractor fails to give such notice to Owner, then the subsequent decision of Owner as to which provision of this Contract governs is final, and any corrective work required does not entitle Contractor to any damages, to any compensation in excess of the Contract Price, or to any delay or extension of the Contract Time. When the equipment, materials, or supplies furnished by Contractor cannot be installed as specified in this Contract, Contractor must, without any increase in the Contract Price, make all modifications required to properly install the equipment, materials, or supplies. Any such modification is subject to the prior review and consent of Owner. 1.5 Conditions at the Work Site; Record Drawings Contractor represents and warrants that it has had a sufficient opportunity to conduct a thorough investigation of the Work Site and the surrounding area and has completed such investigation to its satisfaction. Contractor will have no claim for damages, for compensation in excess of the Contract Price, or for a delay or extension of the Contract Time based upon conditions found at, or in the vicinity of, the Work Site. When information pertaining to subsurface, underground or other concealed conditions, soils analysis, borings, test pits, utility locations or conditions, buried structures, condition of existing structures, and other investigations is or has been provided by Owner, or is or has been otherwise made available to Contractor by Owner, such information is or has been provided or made available solely for the convenience of Contractor and is not part of this Contract. Owner assumes no responsibility whatever in respect to the sufficiency or accuracy of such information, and there is no guaranty or warranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the Work or the Work Site, or that the conditions indicated are representative of those existing at any particular location, or that the conditions indicated may not change, or that unanticipated conditions may not be present. Contractor is solely responsible for locating all existing underground installations by prospecting no later than two workdays prior to any scheduled excavation or trenching, whichever is earlier. Contractor must check all dimensions, elevations, and quantities indicated in this Contract within the same time period as set forth above for prospecting underground installations. Contractor must lay out the Work in accordance with this Contract and must establish and maintain such locations, lines and levels. Wherever pre-existing work is encountered, Contractor must verify and be responsible for dimensions and location of such pre-existing work. Contractor must notify Owner of any discrepancy between the dimensions, elevations and quantities indicated in this Contract and the conditions of the Work Site or any other errors, omissions or discrepancies which Contract may discover during such inspections. Full instructions will be furnished by Owner should such error, omission, or discrepancy be discovered, and Contractor must carry out such instructions as if originally specified and without any increase in Contract Price. Exhibit A Page 12 of 69 Des Plaines Civic Center Parking Structure CONTRACT -4- Before Final Acceptance of the Work, Contractor must submit to Owner two sets of Drawings of Record, unless a greater number is specified elsewhere in this Contract, indicating al field deviations from Attachment B or the drawings identified in Attachment C. 1.6 Technical Ability to Perform Contractor represents and warrants that it is sufficiently experienced and competent, and has the necessary capital, facilities, plant, organization, and staff, to provide, perform and complete the Work in full compliance with, and as required by or pursuant to, this Contract. 1.7 Financial Ability to Perform Contractor represents and warrants that it is financially solvent, and Contractor has the financial resources necessary to provide, perform and complete the Work in full compliance with, and as required by or pursuant to, this Contract. 1.8 Time Contractor represents and warrants that it is ready, willing, able and prepared to begin the Work on the Commencement Date and that the Contract Time is sufficient time to permit completion of the Work in full compliance with, and as required by or pursuant to, this Contract for the Contract Price, all with due regard to all natural and man-made conditions that may affect the Work or the Work Site and all difficulties, hindrances, and delays that may be incident to the Work. 1.9 Safety at the Work Site Contractor is solely and completely responsible for providing and maintaining safe conditions at the Work Site, including the safety of all persons and property during performance of the Work. This requirement applies continuously and is not limited to normal working hours. Contractor must take all safety precautions as necessary to comply with all applicable laws and to prevent injury to persons and damage to property. Contractor must conduct all of its operations without interruption or interference with vehicular and pedestrian traffic on public and private rights-of-way, unless it has obtained permits therefor from the proper authorities. If any public or private right-of-way are rendered unsafe by Contractor’s operations, Contractor must make such repairs or provide such temporary ways or guards as are acceptable to the proper authorities. 1.10 Cleanliness of the Work Site and Environs Contractor must keep the Work Site and adjacent areas clean at all times during performance of the Work and must, upon completion of the Work, leave the Work Site and adjacent areas in a clean and orderly condition. Exhibit A Page 13 of 69 Des Plaines Civic Center Parking Structure CONTRACT -5- 1.11 Damage to the Work, the Work Site, and Other Property The Work and everything pertaining thereto is provided, performed, completed, and maintained at the sole risk and cost of Contractor from the Commencement Date until Final Payment. Contractor is fully responsible for the protection of all public and private property and all persons. Without limiting the foregoing, Contractor must, at its own cost and expense, provide all permanent and temporary shoring, anchoring and bracing required by the nature of the Work in order to make all parts absolutely stable and rigid, even when such shoring, anchoring and bracing is not explicitly specified, and support and protect all buildings, bridges, roadways, conduits, wires, water pipes, gas pipes, sewers, pavements, curbs, sidewalks, fixtures and landscaping of all kinds and all other public or private property that may be encountered or endangered in providing, performing and completing the Work. Contractor will have no claim against Owner because of any damage or loss to the Work or to Contractor’s equipment, materials, or supplies from any cause whatsoever, including damage or loss due to simultaneous work by others. Contractor must, promptly and without charge to Owner, repair or replace, to the satisfaction of Owner, any damage done to, and any loss suffered by, the Work and any damage done to, and any loss suffered by, the Work Site or other property as a result of the Work. Notwithstanding any other provision of this Contract, Contractor’s obligations under this Section exist without regard to, and may not be construed to be waived by, the availability or unavailability of any insurance, either of Owner or Contractor, to indemnify, hold harmless, or reimburse Contractor for the cost of any repair or replacement work required by this Section. 1.12 Subcontractors and Suppliers A. Approval and Use of Subcontractors and Suppliers. Contractor must perform the Work with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by Owner in writing. All subcontractors, suppliers, and subcontracts used by Contractor must be acceptable to, and approved in advance by, Owner. Owner’s approval of any subcontractor, supplier, and subcontract does not relieve Contractor of full responsibility and liability for the provision, performance, and completion of the Work in full compliance with, and as required by or pursuant to, this Contract. All Work performed under any subcontract is subject to all of the provisions of this Contract in the same manner as if performed by employees of Contractor. Every reference in this Contract to “Contractor” is deemed also to refer to all subcontractors and suppliers of Contractor. Every subcontract must include a provision binding the subcontractor or supplier to all provisions of this Contract. B. Removal of Subcontractors and Suppliers. If any subcontractor or supplier fails to perform the part of the Work undertaken by it in a manner satisfactory to Owner, Contractor must immediately upon notice from Owner terminate such subcontractor or supplier. Contractor will have no claim for damages, for compensation in excess of the Contract Price, or for a delay or extension of the Contract Time as a result of any such termination. Exhibit A Page 14 of 69 Des Plaines Civic Center Parking Structure CONTRACT -6- 1.13 Simultaneous Work By Others Owner has the right to perform or have performed such other work as Owner may desire in, about, or near the Work Site during the performance of the Work by Contractor. Contractor must make every reasonable effort to perform the Work in such manner as to enable both the Work and such other work to be completed without hindrance or interference from each other. Contractor must afford Owner and other contractors reasonable opportunity for the execution of such other work and must properly coordinate the Work with such other work. 1.14 Occupancy Prior to Final Payment Owner will have the right, at its election, to occupy, use, or place in service any part of the Work prior to Final Payment. Such occupancy, use, or placement in service must be conducted in such manner as not to damage any of the Work or to unreasonably interfere with the progress of the Work. No such occupancy, use, or placement in service may be construed as an acceptance of any of the Work or a release or satisfaction of Contractor’s duty to insure and protect the Work, nor may it, unless conducted in an unreasonable manner, be considered as an interference with Contractor’s provision, performance, or completion of the Work. 1.15 Owner’s Right to Terminate or Suspend Work for Convenience A. Termination or Suspension for Convenience. Owner has the right, for its convenience, to terminate or suspend the Work in whole or in part at any time by written notice to Contractor. Every such notice must state the extent and effective date of such termination or suspension. On such effective date, Contractor must, as and to the extent directed, stop Work under this Contract, cease all placement of further orders or subcontracts, terminate or suspend Work under existing orders and subcontracts, cancel any outstanding orders or subcontracts that may be cancelled, and take any action necessary to protect any property in its possession in which Owner has or may acquire any interest and to dispose of such property in such manner as may be directed by Owner. B. Payment for Completed Work. In the event of any termination pursuant to Subsection 1.15A above, Owner must pay Contractor (1) such direct costs, excluding overhead, as Contractor has paid or incurred for all Work done in compliance with, and as required by or pursuant to, this Contract up to the effective date of termination together with ten percent of such costs for overhead and profit; and (2) such other costs pertaining to the Work, exclusive of overhead and profit, as Contractor may have reasonably and necessarily incurred as the result of such termination. Any such payment may be offset by any prior payment or payments and is subject to Owner’s rights to withhold and deduct as provided in this Contract. Exhibit A Page 15 of 69 Des Plaines Civic Center Parking Structure CONTRACT -7- ARTICLE II: CHANGES AND DELAYS 2.1 Changes Owner has the right, by written order executed by Owner, to make changes in the Contract, the Work, the Work Site, and the Contract Time (“Change Order”). If any Change Order causes an increase or decrease in the amount of the Work, an equitable adjustment in the Contract Price or Contract Time may be made. All claims by Contractor for an equitable adjustment in either the Contract Price or the Contract Time must be made within two business days following receipt of such Change Order, and may, if not made prior to such time, be conclusively deemed to have been waived. No decrease in the amount of the Work caused by any Change Order will entitle Contractor to make any claim for damages, anticipated profits, or other compensation. 2.2 Delays A. Extensions for Unavoidable Delays. For any delay that may result from causes that could not be avoided or controlled by Contractor, Contractor must, upon timely written application, be entitled to issuance of a Change Order providing for an extension of the Contract Time for a period of time equal to the delay resulting from such unavoidable cause. No extension of the Contract Time will be allowed for any other delay in completion of the Work. B. No Compensation for Delays. No payment, compensation, damages, or adjustment of any kind, other than the extension of the Contract Time provided in Subsection 2.2A above, may be made to, or claimed by, Contractor because of hindrances or delays from any cause in the commencement, prosecution, or completion of the Work, whether caused by Owner or any other party and whether avoidable or unavoidable. ARTICLE III: CONTRACTOR’S RESPONSIBILITY FOR DEFECTIVE WORK 3.1 Inspection; Testing; Correction of Defects A. Inspection. Until Final Payment, all parts of the Work are subject to inspection and testing by Owner or its designated representatives. Contractor must furnish, at its own expense, all reasonable access, assistance, and facilities required by Owner for such inspection and testing. B. Re-Inspection. Re-inspection and re-testing of any Work may be ordered by Owner at any time, and, if so ordered, any covered or closed Work must be uncovered or opened by Contractor. If the Work is found to be in full compliance with this Contract, then Owner must pay the cost of uncovering, opening, re-inspecting, or re-testing, as the case may be. If such Work is not in full compliance with this Contract, then Contractor must pay such cost. Exhibit A Page 16 of 69 Des Plaines Civic Center Parking Structure CONTRACT -8- C. Correction. Until Final Payment, Contractor must, promptly and without charge, repair, correct, or replace all or any part of the Work that is defective, damaged, flawed, or unsuitable or that in any way fails to conform strictly to the requirements of this Contract. 3.2 Warranty of Work A. Scope of Warranty. Contractor warrants that the Work and all of its components will be free from defects and flaws in design, workmanship, and materials; must strictly conform to the requirements of this Contract; and will be fit, sufficient, and suitable for the purposes expressed in, or reasonably inferred from, this Contract. The warranty herein expressed is in addition to any other warranties expressed in this Contract, or expressed or implied by law, which are hereby reserved unto Owner. B. Repairs; Extension of Warranty. Contractor, promptly and without charge, must correct any failure to fulfill the above warranty that may be discovered or develop at any time within one year after Final Payment or such longer period as may be prescribed in Attachment B or Attachment D to this Contract or by law. The above warranty may be extended automatically to cover all repaired and replacement parts and labor provided or performed under such warranty and Contractor’s obligation to correct Work may be extended for a period of one year from the date of such repair or replacement. The time period established in this Subsection 3.2B relates only to the specific obligation of Contractor to correct Work and may not be construed to establish a period of limitation with respect to other obligations that Contractor has under this Contract. C. Subcontractor and Supplier Warranties. Whenever Attachment B or Attachment D requires a subcontractor or supplier to provide a guaranty or warranty, Contractor is solely responsible for obtaining said guaranty or warranty in form satisfactory to Owner and assigning said warranty or guaranty to Owner. Acceptance of any assigned warranties or guaranties by Owner is a precondition to Final Payment and does not relieve Contractor of any of its guaranty or warranty obligations under this Contract. 3.3 Owner’s Right to Correct If, within two business days after Owner gives Contractor notice of any defect, damage, flaw, unsuitability, nonconformity, or failure to meet warranty subject to correction by Contractor pursuant to Section 3.1 or Section 3.2 of this Contract, Contractor neglects to make, or undertake with due diligence to make, the necessary corrections, then Owner is entitled to make, either with its own forces or with contract forces, the corrections and to recover from Contractor all resulting costs, expenses, losses, or damages, including attorneys’ fees and administrative expenses. Exhibit A Page 17 of 69 Des Plaines Civic Center Parking Structure CONTRACT -9- ARTICLE IV: FINANCIAL ASSURANCES 4.1 Bonds Contemporaneous with Contractor’s execution of this Contract, Contractor must provide a Performance Bond and a Labor and Material Payment Bond, on forms provided by, or otherwise acceptable to, Owner, from a surety company licensed to do business in the State of Illinois with a general rating of A and a financial size category of Class X or better in Best’s Insurance Guide, each in the penal sum of the Contract Price (“Bonds”). Contractor, at all times while providing, performing, or completing the Work, including, without limitation, at all times while correcting any failure to meet warranty pursuant to Section 3.2 of this Contract, must maintain and keep in force, at Contractor’s expense, the Bonds required hereunder. 4.2 Insurance Contemporaneous with Contractor’s execution of this Contract, Contractor must provide certificates and policies of insurance evidencing the minimum insurance coverages and limits set forth in Attachment A. For good cause shown, Owner may extend the time for submission of the required policies of insurance upon such terms, and with such assurances of complete and prompt performance, as Owner may impose in the exercise of its sole discretion. Such policies must be in a form, and from companies, acceptable to Owner. Such insurance must provide that no change, modification in, or cancellation of any insurance becomes effective until the expiration of 30 days after written notice thereof has have been given by the insurance company to Owner. Contractor must, at all times while providing, performing, or completing the Work, including, without limitation, at all times while correcting any failure to meet warranty pursuant to Section 3.2 of this Contract, maintain and keep in force, at Contractor’s expense, the minimum insurance coverages and limits set forth in Attachment A. 4.3 Indemnification Contractor hereby agrees to and will indemnify, save harmless, and defend Owner and all of it elected officials, officers, employees, attorneys, agents, and representatives against any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses, including attorneys’ fees and administrative expenses, that may arise, or be alleged to have arisen, out of or in connection with Contractor’s performance of, or failure to perform, the Work or any part thereof, whether or not due or claimed to be due in whole or in part to the active, passive, or concurrent negligence or fault of Contractor, except to the extent caused solely by the negligence of Owner. Exhibit A Page 18 of 69 Des Plaines Civic Center Parking Structure CONTRACT -10- ARTICLE V: PAYMENT 5.1 Contract Price Owner must pay to Contractor, in accordance with and subject to the terms and conditions set forth in this Article V and Attachment A, and Contractor must accept in full satisfaction for providing, performing, and completing the Work, the amount or amounts set forth in Attachment A (the “Contract Price”), subject to any additions, deductions, or withholdings provided for in this Contract. 5.2 Taxes and Benefits Owner is exempt from and will not be responsible to pay, or reimburse Contractor for, any state or local sales, use, or excise taxes. The Contract Price includes all other applicable federal, state, and local taxes of every kind and nature applicable to the Work as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits. All claim or right to claim additional compensation by reason of the payment of any such tax, contribution, or premium is hereby waived and released by Contractor. 5.3 Progress Payments A. Payment in Installments. The Contract Price must be paid in monthly installments in the manner set forth in Attachment A (“Progress Payments”). B. Pay Requests. Contractor must, as a condition precedent to its right to receive each Progress Payment, submit to Owner a pay request in the form provided by Owner (“Pay Request”). The first Pay Request must be submitted not sooner than 30 days following commencement of the Work. Owner may, by written notice to Contractor, designate a specific day of each month on or before which Pay Requests must be submitted. Each Pay Request must include (a) Contractor’s certification of the value of, and partial or final waivers of lien covering, all Work for which payment is then requested and (b) Contractor’s certification that all prior Progress Payments have been properly applied to the payment or reimbursement of the costs with respect to which they were paid. See Specification Section 012900 “Payment Procedures” for additional information. C. Work Entire. This Contract and the Work are entire and the Work as a whole is of the essence of this Contract. Notwithstanding any other provision of this Contract, each and every part of this Contract and of the Work are interdependent and common to one another and to Owner’s obligation to pay all or any part of the Contract Price or any other consideration for the Work. Any and all Progress Payments made pursuant to this Article are provided merely for the convenience of Contractor and for no other purpose. Exhibit A Page 19 of 69 Des Plaines Civic Center Parking Structure CONTRACT -11- 5.4 Final Acceptance and Final Payment A. Notice of Completion. When the Work has been completed and is ready in all respects for acceptance by Owner, Contractor must notify Owner and request a final inspection (“Notice of Completion”). Contractor’s Notice of Completion must be given sufficiently in advance of the Completion Date to allow for scheduling of the final inspection and for completion or correction before the Completion Date of any items identified by such inspection as being defective, damaged, flawed, unsuitable, nonconforming, incomplete, or otherwise not in full compliance with, or as required by or pursuant to, this Contract (“Punch List Work”). B. Punch List and Final Acceptance. The Work may be finally accepted when, and only when, the whole and all parts thereof have been completed to the satisfaction of Owner in full compliance with, and as required by or pursuant to, this Contract. Upon receipt of Contractor’s Notice of Completion, Owner must make a review of the Work and notify Contractor in writing of all Punch List Work, if any, to be completed or corrected. Following Contractor’s completion or correction of all Punch List Work, Owner must make another review of the Work and prepare and deliver to Contractor either a written notice of additional Punch List Work to be completed or corrected or a written notice of final acceptance of the Work (“Final Acceptance”). C. Final Payment. As soon as practicable after Final Acceptance, Contractor must submit to Owner a properly completed final Pay Request in the form provided by Owner (“Final Pay Request”). Owner must pay to Contractor the balance of the Contract Price, after deducting therefrom all charges against Contractor as provided for in this Contract (“Final Payment”). Final Payment must be made not later than 60 days after Owner approves the Final Pay Request. The acceptance by Contractor of Final Payment will operate as a full and complete release of Owner of and from any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses of, by, or to Contractor for anything done, furnished for, arising out of, relating to, or in connection with the Work or for or on account of any act or neglect of Owner arising out of, relating to, or in connection with the Work. 5.5 Liens A. Title. Nothing in this Contract may be construed as vesting in Contractor any right of property in any equipment, materials, supplies, and other items provided under this Contract after they have been installed in, incorporated into, attached to, or affixed to, the Work or the Work Site. All such equipment, materials, supplies, and other items will, upon being so installed, incorporated, attached or affixed, become the property of Owner, but such title will not release Contractor from its duty to insure and protect the Work in accordance with the requirements of this Contract. B. Waivers of Lien. Contractor must, from time to time at Owner’s request and in any event prior to Final Payment, furnish to Owner such receipts, releases, affidavits, certificates, and other evidence as may be necessary to establish, to the reasonable satisfaction of Owner, that no lien against the Work or the public funds held by Owner exists in favor of Exhibit A Page 20 of 69 Des Plaines Civic Center Parking Structure CONTRACT -12- any person whatsoever for or by reason of any equipment, material, supplies, or other item furnished, labor performed, or other thing done in connection with the Work or this Contract (“Lien”) and that no right to file any Lien exists in favor of any person whatsoever. C. Removal of Liens. If at any time any notice of any Lien is filed, then Contractor must, promptly and without charge, discharge, remove, or otherwise dispose of such Lien. Until such discharge, removal, or disposition, Owner will have the right to retain from any money payable hereunder an amount that Owner, in its sole judgment, deems necessary to satisfy such Lien and to pay the costs and expenses, including attorneys’ fees and administrative expenses, of any actions brought in connection therewith or by reason thereof. D. Protection of Owner Only. This Section does not operate to relieve Contractor’s surety or sureties from any of their obligations under the Bonds, nor may it be deemed to vest any right, interest, or entitlement in any subcontractor or supplier. Owner’s retention of funds pursuant to this Section is deemed solely for the protection of its own interests pending removal of such Liens by Contractor, and Owner will have no obligation to apply such funds to such removal but may, nevertheless, do so where Owner’s interests would thereby be served. 5.6 Deductions A. Owner’s Right to Withhold. Notwithstanding any other provision of this Contract and without prejudice to any of Owner’s other rights or remedies, Owner will have the right at any time or times, whether before or after approval of any Pay Request, to deduct and withhold from any Progress or Final Payment that may be or become due under this Contract such amount as may reasonably appear necessary to compensate Owner for any actual or prospective loss due to: (1) Work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete; (2) damage for which Contractor is liable under this Contract; (3) state or local sales, use, or excise taxes from which Owner is exempt; (4) Liens or claims of Lien regardless of merit; (5) claims of subcontractors, suppliers, or other persons regardless of merit; (6) delay in the progress or completion of the Work; (7) inability of Contractor to complete the Work; (8) failure of Contractor to properly complete or document any Pay Request; (9) any other failure of Contractor to perform any of its obligations under this Contract; or (10) the cost to Owner, including attorneys’ fees and administrative costs, of correcting any of the aforesaid matters or exercising any one or more of Owner’s remedies set forth in Section 6.3 of this Contract. B. Use of Withheld Funds. Owner is entitled to retain any and all amounts withheld pursuant to Subsection 5.6A above until Contractor has either performed the obligations in question or furnished security for such performance satisfactory to Owner. Owner is entitled to apply any money withheld or any other money due Contractor under this Contract to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, attorneys’ fees and administrative expenses incurred, suffered, or sustained by Owner and chargeable to Contractor under this Contract. Exhibit A Page 21 of 69 Des Plaines Civic Center Parking Structure CONTRACT -13- ARTICLE VI: DISPUTES AND REMEDIES 6.1 Dispute Resolution Procedure A. Notice of Disputes and Objections. If Contractor disputes or objects to any requirement, direction, instruction, interpretation, determination, or decision of Owner, Contractor may notify Owner in writing of its dispute or objection and of the amount of any equitable adjustment to the Contract Price or Contract Time to which Contractor claims it will be entitled as a result thereof; provided, however, that Contractor must, nevertheless, proceed without delay to perform the Work as required, directed, instructed, interpreted, determined, or decided by Owner, without regard to such dispute or objection. Unless Contractor so notifies Owner within two business days after receipt of such requirement, direction, instruction, interpretation, determination, or decision, Contractor is conclusively deemed to have waived all such disputes or objections and all claims based thereon. B. Negotiation of Disputes and Objections. To avoid and settle without litigation any such dispute or objection, Owner and Contractor agree to engage in good faith negotiations. Within three business days after Owner’s receipt of Contractor’s written notice of dispute or objection, a conference between Owner and Contractor will be held to resolve the dispute. Within three business days after the end of the conference, Owner must render its final decision, in writing, to Contractor. If Contractor objects to the final decision of Owner, then it must, within three business days, give Owner notice thereof and, in such notice, must state its final demand for settlement of the dispute. Unless Contractor so notifies Owner, Contractor will be conclusively deemed (1) to have agreed to and accepted Owner’s final decision and (2) to have waived all claims based on such final decision. 6.2 Contractor’s Remedies If Owner fails or refuses to satisfy a final demand made by Contractor pursuant to Section 6.1 of this Contract, or to otherwise resolve the dispute which is the subject of such demand to the satisfaction of Contractor, within 10 days after receipt of such demand, then Contractor will be entitled to pursue such remedies, not inconsistent with the provisions of this Contract, as it may have in law or equity. 6.3 Owner’s Remedies If it should appear at any time prior to Final Payment that Contractor has failed or refused to prosecute, or has delayed in the prosecution of, the Work with diligence at a rate that assures completion of the Work in full compliance with the requirements of this Contract on or before the Completion Date, or has attempted to assign this Contract or Contractor’s rights under this Contract, either in whole or in part, or has falsely made any representation or warranty in this Contract, or has otherwise failed, refused, or delayed to perform or satisfy any other requirement of this Contract or has failed to pay its debts as they come due (“Event of Default”), and has failed to cure any such Event of Default within five business days after Contractor’s receipt of written notice of such Event of Default, then Owner will have the Exhibit A Page 22 of 69 Des Plaines Civic Center Parking Structure CONTRACT -14- right, at its election and without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: 1. Owner may require Contractor, within such reasonable time as may be fixed by Owner, to complete or correct all or any part of the Work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete; to remove from the Work Site any such Work; to accelerate all or any part of the Work; and to take any or all other action necessary to bring Contractor and the Work into strict compliance with this Contract. 2. Owner may perform or have performed all Work necessary for the accomplishment of the results stated in Paragraph 1 above and withhold or recover from Contractor all the cost and expense, including attorneys’ fees and administrative costs, incurred by Owner in connection therewith. 3. Owner may accept the defective, damaged, flawed, unsuitable, nonconforming, incomplete, or dilatory Work or part thereof and make an equitable reduction in the Contract Price. 4. Owner may terminate this Contract without liability for further payment of amounts due or to become due under this Contract. 5. Owner may, without terminating this Contract, terminate Contractor’s rights under this Contract and, for the purpose of completing or correcting the Work, evict Contractor and take possession of all equipment, materials, supplies, tools, appliances, plans, specifications, schedules, manuals, drawings, and other papers relating to the Work, whether at the Work Site or elsewhere, and either complete or correct the Work with its own forces or contracted forces, all at Contractor’s expense. 6. Upon any termination of this Contract or of Contractor’s rights under this Contract, and at Owner’s option exercised in writing, any or all subcontracts and supplier contracts of Contractor will be deemed to be assigned to Owner without any further action being required, but Owner may not thereby assume any obligation for payments due under such subcontracts and supplier contracts for any Work provided or performed prior to such assignment. 7. Owner may withhold from any Progress Payment or Final Payment, whether or not previously approved, or may recover from Contractor, any and all costs, including attorneys’ fees and administrative expenses, incurred by Owner as the result of any Event of Default or as a result of actions taken by Owner in response to any Event of Default. 8. Owner may recover any damages suffered by Owner. Exhibit A Page 23 of 69 Des Plaines Civic Center Parking Structure CONTRACT -15- 6.4 Owner’s Additional Remedy for Delay If the Work is not completed by Contractor, in full compliance with, and as required by or pursuant to, this Contract, within the Contract Time as such time may be extended by Change Order, then Owner may invoke its remedies under Section 6.3 of this Contract or may, in the exercise of its sole and absolute discretion, permit Contractor to complete the Work but charge to Contractor, and deduct from any Progress or Final Payments, whether or not previously approved, administrative expenses and costs for each day completion of the Work is delayed beyond the Completion Date, computed on the basis of the “Per Diem Administrative Charge” set forth in Attachment A, as well as any additional damages caused by such delay. 6.5 Terminations and Suspensions Deemed for Convenience Any termination or suspension of Contractor’s rights under this Contract for an alleged default that is ultimately held unjustified will automatically be deemed to be a termination or suspension for the convenience of Owner under Section 1.15 of this Contract. ARTICLE VII: LEGAL RELATIONSHIPS AND REQUIREMENTS 7.1 Binding Effect This Contract is binding on Owner and Contractor and on their respective heirs, executors, administrators, personal representatives, and permitted successors and assigns. Every reference in this Contract to a party is deemed to be a reference to the authorized officers, employees, agents, and representatives of such party. 7.2 Relationship of the Parties Contractor will act as an independent contractor in providing and performing the Work. Nothing in, nor done pursuant to, this Contract may be construed (1) to create the relationship of principal and agent, partners, or joint ventures between Owner and Contractor or (2) except as provided in Paragraph 6.3(6) above, to create any relationship between Owner and any subcontractor or supplier of Contractor. 7.3 No Collusion/Prohibited Interests Contractor hereby represents that the only persons, firms, or corporations interested in this Contract as principals are those disclosed to Owner prior to the execution of this Contract, and that this Contract is made without collusion with any other person, firm, or corporation. If at any time it is found that Contractor has, in procuring this Contract, colluded with any other person, firm, or corporation, then Contractor will be liable to Owner for all loss or damage that Owner may suffer thereby, and this Contract will, at Owner’s option, be null and void. Exhibit A Page 24 of 69 Des Plaines Civic Center Parking Structure CONTRACT -16- Contractor hereby represents ands warrants that neither Contractor nor any person affiliated with Contractor or that has an economic interest in Contractor or that has or will have an interest in the Work or will participate, in any manner whatsoever, in the Work is acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by the United States Treasury Department as a Specially Designated National and Blocked Person, or for or on behalf of any person, group, entity or nation designated in Presidential Executive Order 13224 as a person who commits, threatens to commit, or supports terrorism, and neither Contractor nor any person affiliated with Contractor or that has an economic interest in Contractor or that has or will have an interest in the Work or will participate, in any manner whatsoever, in the Work is, directly or indirectly, engaged in, or facilitating, the Work on behalf of any such person, group, entity or nation. 7.4 Assignment Contractor may not (1) assign this Contract in whole or in part, (2) assign any of Contractor’s rights or obligations under this Contract, or (3) assign any payment due or to become due under this Contract without the prior express written approval of Owner, which approval may be withheld in the sole and unfettered discretion of Owner; provided, however, that Owner’s prior written approval will not be required for assignments of accounts, as defined in the Illinois Commercial Code, if to do so would violate Section 9-318 of the Illinois Commercial Code, 810 ILCS 5/9-318. Owner may assign this Contract, in whole or in part, or any or all of its rights or obligations under this Contract, without the consent of Contractor. 7.5 Confidential Information All information supplied by Owner to Contractor for or in connection with this Contract or the Work must be held confidential by Contractor and may not, without the prior express written consent of Owner, be used for any purpose other than performance of the Work. 7.6 No Waiver No examination, inspection, investigation, test, measurement, review, determination, decision, certificate, or approval by Owner, nor any order by Owner for the payment of money, nor any payment for, or use, occupancy, possession, or acceptance of, the whole or any part of the Work by Owner, nor any extension of time granted by Owner, nor any delay by Owner in exercising any right under this Contract, nor any other act or omission of Owner may constitute or be deemed to be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming or incomplete Work, equipment, materials, or supplies, nor operate to waive or otherwise diminish the effect of any warranty or representation made by Contractor; or of any requirement or provision of this Contract; or of any remedy, power, or right of Owner. Exhibit A Page 25 of 69 Des Plaines Civic Center Parking Structure CONTRACT -17- 7.7 No Third Party Beneficiaries No claim as a third party beneficiary under this Contract by any person, firm, or corporation other than Contractor may be made or be valid against Owner. 7.8 Notices All notices required or permitted to be given under this Contract must be in writing and are deemed received by the addressee thereof when delivered in person on a business day at the address set forth below or on the third business day after being deposited in any main or branch United States post office, for delivery at the address set forth below by properly addressed, postage prepaid, certified or registered mail, return receipt requested. Notices and communications to Owner must be addressed to, and delivered at, the following address: with a copy to: City of Des Plaines Holland & Knight LLP 1420 Miner Street 131 South Dearborn Street, 30th Floor Des Plaines, Illinois 60016 Chicago, Illinois 60603 Attention: Michael Bartholomew Attention: Peter Friedman Notices and communications to Contractor must be addressed to, and delivered at, the following address: Walsh Construction Company II, LLC 929 W. Adams Street Chicago, IL 60607 The foregoing may not be deemed to preclude the use of other non-oral means of notification or to invalidate any notice properly given by any such other non-oral means. By notice complying with the requirements of this Section, Owner and Contractor each have the right to change the address or addressee or both for all future notices to it, but no notice of a change of address is effective until actually received. 7.9 Governing Laws This Contract and the rights of Owner and Contractor under this Contract will be interpreted according to the internal laws, but not the conflict of laws rules, of the State of Illinois. 7.10 Changes in Laws Unless otherwise explicitly provided in this Contract, any reference to laws includes such laws as they may be amended or modified from time to time. Exhibit A Page 26 of 69 Des Plaines Civic Center Parking Structure CONTRACT -18- 7.11 Compliance with Laws A. Compliance Required. Contractor must give all notices, pay all fees, and take all other action that may be necessary to ensure that the Work is provided, performed, and completed in accordance with all required governmental permits, licenses or other approvals and authorizations that may be required in connection with providing, performing, and completing the Work, and with all applicable statutes, ordinances, rules, and regulations, including without limitation the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et seq. (see Subsection C of this Section) (a copy of Owner’s ordinance ascertaining the prevailing rate of wages, in effect as of the date of this Contract, has been attached as an Appendix to this Contract; if the Illinois Department of Labor revises the prevailing rate of hourly wages to be paid, the revised rate applies to this Contract); any other applicable prevailing wage laws; the Fair Labor Standards Act; any statutes regarding qualification to do business; any statutes requiring preference to laborers of specified classes; the Illinois Steel Products Procurement Act, 30 ILCS 565/1 et seq.; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq., and the Public Works Discrimination Act, 775 ILCS 10/0.01 et seq.; and any statutes regarding safety or the performance of the Work, including the Illinois Underground Utility Facilities Damage Prevention Act, 220 ILCS 50/1 et seq., and the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651 et seq. B. Liability for Fines, Penalties. Contractor is solely liable for any fines or civil penalties that are imposed by any governmental or quasi-governmental agency or body that may arise, or be alleged to have arisen, out of or in connection with Contractor’s, or its subcontractors’ or suppliers’, performance of, or failure to perform, the Work or any part thereof. C. Prevailing Wage Act. Contractor and each subcontractor, in order to comply with the Prevailing Wage Act, 820 ILCS 130/0.01 et seq. (the “Act”), must submit to the City a certified payroll on a monthly basis, in accordance with Section 5 of the Act. The certified payroll must consist of a complete copy of those records required to be made and kept by the Act. The certified payroll must be accompanied by a statement signed by the contractor or subcontractor that certifies that (1) such records are true and accurate, (2) the hourly rate paid is not less than the general prevailing rate of hourly wages required by the Act, and (3) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. Contractor may rely on the certification of a subcontractor, provided that Contractor does not knowingly rely on a subcontractor’s false certification. On two business days’ notice, Contractor and each subcontractor must make available for inspection the records required to be made and kept by the Act (i) to the City and its officers and agents and to the Director of the Illinois Department of Labor and his or her deputies and agents and (ii) at all reasonable hours at a location within the State. D. Required Provisions Deemed Inserted. Every provision of law required by law to be inserted into this Contract is deemed to be inserted herein. Exhibit A Page 27 of 69 Des Plaines Civic Center Parking Structure CONTRACT -19- 7.12 Compliance with Patents A. Assumption of Costs, Royalties, and Fees. Contractor will pay or cause to be paid all costs, royalties, and fees arising from the use on, or the incorporation into, the Work, of patented equipment, materials, supplies, tools, appliances, devices, processes, or inventions. B. Effect of Contractor Being Enjoined. Should Contractor be enjoined from furnishing or using any equipment, materials, supplies, tools, appliances, devices, processes, or inventions supplied or required to be supplied or used under this Contract, Contractor must promptly offer substitute equipment, materials, supplies, tools, appliances, devices, processes, or inventions in lieu thereof, of equal efficiency, quality, suitability, and market value, for review by Owner. If Owner should disapprove the offered substitutes and should elect, in lieu of a substitution, to have supplied, and to retain and use, any such equipment, materials, supplies, tools, appliances, devices, processes, or inventions as may by this Contract be required to be supplied, Contractor must pay such royalties and secure such valid licenses as may be requisite and necessary for Owner to use such equipment, materials, supplies, tools, appliances, devices, processes, or inventions without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should Contractor neglect or refuse to make any approved substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then Owner will have the right to make such substitution, or Owner may pay such royalties and secure such licenses and charge the cost thereof against any money due Contractor from Owner or recover the amount thereof from Contractor and its surety or sureties notwithstanding that Final Payment may have been made. 7.13 Time The Contract Time is of the essence of this Contract. Except where otherwise stated, references in this Contract to days is construed to refer to calendar days. 7.14 Severability The provisions of this Contract will be interpreted when possible to sustain their legality and enforceability as a whole. In the event any provision of this Contract is held invalid, illegal, or unenforceable by a court of competent jurisdiction, in whole or in part, neither the validity of the remaining part of such provision, nor the validity of any other provisions of this Contract will be in any way affected thereby. 7.15 Entire Agreement This Contract sets forth the entire agreement of Owner and Contractor with respect to the accomplishment of the Work and the payment of the Contract Price therefor, and there are no other understandings or agreements, oral or written, between Owner and Contractor with respect to the Work and the compensation therefor. Exhibit A Page 28 of 69 Des Plaines Civic Center Parking Structure CONTRACT -20- 7.16 Amendments No modification, addition, deletion, revision, alteration or other change to this Contract is effective unless and until such change is reduced to writing and executed and delivered by Owner and Contractor. IN WITNESS WHEREOF, Owner and Contractor have caused this Contract to be executed by their properly authorized representatives in two original counterparts as of the Effective Date. CITY OF DES PLAINES By: _________________________________ Name: Michael Bartholomew Title: City Manager______________________ Attest: By: _________________________________ Name: _________________________________ Title: _________________________________ WALSH CONSTRUCTION COMPANY II, LLC By: _________________________________ Name: _________________________________ Title: _________________________________ Attest: By: _________________________________ Name: _________________________________ Title: _________________________________ Exhibit A Page 29 of 69 CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF THE DES PLAINES CIVIC CENTER PARKING STRUCTURE PROPOSAL Exhibit A Page 30 of 69 Exhibit A Page 31 of 69 Exhibit A Page 32 of 69 Exhibit A Page 33 of 69 Exhibit A Page 34 of 69 Exhibit A Page 35 of 69 Exhibit A --------------------------------- ------------------------------------------------------------------------------------------------------ ----------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------ ------------------------ ------------------------------------------------------------------------------------------------------ ---------------------------------- xxxxxxxxxxxxxxxxxxxxxx Page 36 of 69 Exhibit A ------------------------------------- --------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------- --------------------------------------------------------- ------------------------------------------------------------------------------------------------------- ------------------------------------------------ xxxxxxxxxxxxxxxxx Page 37 of 69 Exhibit A Page 38 of 69 Exhibit A Page 39 of 69 Exhibit A Page 40 of 69 Exhibit A Page 41 of 69 Exhibit A Page 42 of 69 STATE OF ILLINOIS ) ) SS COUNTY OF __________ ) CONTRACTOR’S CERTIFICATION ________________________________________[contractor’s executing officer], being first duly sworn on oath, deposes and states that all statements herein made are made on behalf of Contractor, that this deponent is authorized to make them, and that the statements contained herein are true and correct. Contractor deposes, states, and certifies that Contractor is not barred from contracting with a unit of state or local government as a result of (i) a violation of either Section 33E-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq.; or (ii) a violation of the USA Patriot Act of 2001, 107 Public Law 56 (October 26, 2001) (the “Patriot Act”) or other statutes, orders, rules, and regulations of the United States government and its various executive departments, agencies and offices related to the subject matter of the Patriot Act, including, but not limited to, Executive Order 13224 effective September 24, 2001. DATED: ____________________, 20___. WALSH CONSTRUCTION COMPANY II, LLC By: _________________________________ Name: _________________________________ Title: _________________________________ Attest: By: _________________________________ Name: _________________________________ Title: _________________________________ Subscribed and Sworn to before me on ____________________, 20___. My Commission expires: __________________ ____________________________ Notary Public (SEAL) Exhibit A Page 43 of 69 -1- CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF THE DES PLAINES CIVIC CENTER PARKING STRUCTURE ATTACHMENT A SUPPLEMENTAL SCHEDULE OF CONTRACT TERMS 1. Project: Work consists of the demolition of the existing parking structure and construction of a new 250 space, four level (one at grade and three supported) parking structure. The lowest level of the parking structure will be below grade. 2. Work Site: 1420 Miner Street/Northwest Highway Des Plaines, Illinois 60016 Site is bound by Jefferson Street to the north/west, Lee Street to the east, the existing alley to the south. The site includes generally the existing parking structure and surface parking lot extending east from the existing parking structure to Lee Street. 3. Permits, Licenses, Approvals, and Authorizations: Contractor must obtain all required governmental permits, licenses, approvals, and authorizations, except:  [Identify permits, licenses, and approvals obtained, or to be obtained, by Owner] MWRD, EPA, and IDOT (Contractor post Bond with IDOT)________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________  No Exceptions Exhibit A Page 44 of 69 Des Plaines Civic Center Parking Structure ATTACHMENT A -2- 4. Commencement Date:  the date of execution of the Contract by Owner.  ______________ days after execution of the Contract by Owner.  __________________________, 20____ 5. Completion Date:  ______________ days after the Commencement Date plus extensions, if any, authorized by a Change Order issued pursuant to Subsection 2.2A of the Contract  December 31, 2020, plus extensions, if any, authorized by a Change Order issued pursuant to Subsection 2.2A of the Contract 6. Insurance Coverage: A. Worker’s Compensation and Employer’s Liability with limits not less than: (1) Worker’s Compensation: Statutory; (2) Employer’s Liability: $1,000,000 injury-per occurrence; $1,000,000 disease-per employee; $1,000,000 disease-policy limit Such insurance must evidence that coverage applies in the State of Illinois. B. Comprehensive Motor Vehicle Liability with a combined single limit of liability for bodily injury and property damage of not less than $2,000,000 for vehicles owned, non-owned, or rented. All employees must be included as insureds. C. Comprehensive General Liability with coverage written on an “occurrence” basis and with limits no less than: (1) General Aggregate: $5,000,000. See Subsection F below regarding use of umbrella overage. (2) Bodily Injury: $2,000,000 per person; $2,000,000 per occurrence Exhibit A Page 45 of 69 Des Plaines Civic Center Parking Structure ATTACHMENT A -3- (3) Property Damage: $2,000,000 per occurrence and $5,000,000 aggregate. Coverage must include: - Premises / Operations - Products / Completed Operations (to be maintained for two years after Final Payment) - Independent Contractors - Personal Injury (with Employment Exclusion deleted) - Broad Form Property Damage Endorsement - Blanket Contractual Liability (must expressly cover the indemnity provisions of the Contract) - Bodily Injury and Property Damage “X”, “C”, and “U” exclusions must be deleted. Railroad exclusions must be deleted if Work Site is within 50 feet of any railroad track. All employees must be included as insured.  D. Builders Risk Insurance. This insurance must be written in completed value form, must protect Contractor and Owner against “all risks” of direct physical loss to buildings, structures, equipment, and materials to be used in providing, performing, and completing the Work, including without limitation fire extended coverage, vandalism and malicious mischief, sprinkler leakage, flood, earth movement and collapse, and must be designed for the circumstances that may affect the Work. This insurance must be written with limits not less than the insurable value of the Work at completion. The insurable value must include the aggregate value of Owner-furnished equipment and materials to be constructed or installed by Contractor. This insurance must include coverage while equipment or materials are in warehouses, during installation, during testing, and after the Work is completed, but prior to Final Payment. This insurance must include coverage while Owner is occupying all or any part of the Work prior to Final Payment without the need for the insurance company’s consent.  E. Owner’s and Contractor’s Protective Liability Insurance. Contractor, at its sole cost and expense, must purchase this Insurance in the name of Owner with Exhibit A Page 46 of 69 Des Plaines Civic Center Parking Structure ATTACHMENT A -4- a combined single limit for bodily injury and property damage of not less than $1,000,000. F. Umbrella Policy. The required coverage may be in the form of an umbrella policy above $2,000,000 primary coverage. All umbrella policies must provide excess coverage over underlying insurance on a following-form basis so that, when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover that loss.  G. Deductible. Each policy must have a deductible or self-insured retention of not more than $________.  H. Owner as Additional Insured. Owner must be named as an Additional Insured on the following policies: All__________________________________________________________ _______________________________________________________________ The Additional Insured endorsement must identify Owner as follows: The City of Des Plaines and its boards, commissions, committees, authorities, employees, agencies, officers, voluntary associations, and other units operating under the jurisdiction and within the appointment of its budget.  I. Other Parties as Additional Insureds. In addition to Owner, the following parties must be named as additional insured on the following policies: Additional Insured Policy or Policies Walker Consultants All_____________________ ________________________ __________________________ ________________________ __________________________ 7. Contract Price: SCHEDULE OF PRICES  A. LUMP SUM CONTRACT For providing, performing, and completing all Work, the total Contract Price of (write in numbers only): Exhibit A Page 47 of 69 Des Plaines Civic Center Parking Structure ATTACHMENT A -5- $ ________________________________  All Work will be paid on a force account basis, using the terms of Section 109.04(b) of the IDOT Standard Specifications For Road And Bridge Construction 2012, without limitation to “extra work.” Contractor shall be paid in installments (see below). Contractor must submit Pay Requests including itemized statements of the cost of the Work, accompanied and supported by statements and invoices for all labor, materials, transportation charges and other items of the Work, using standard Illinois Department of Transportation schedules and report forms.  B. UNIT PRICE CONTRACT NOTE: If Owner has provided a separate form Schedule of Pricing attached to this Attachment A, then that Schedule of Prices will be used and this Subsection B should not be used. If Owner has not provided a separate form Schedule of Prices, then this Subsection B should be used. For providing, performing, and completing all Work, the sum of the products resulting from multiplying the number of acceptable units of Unit Price Items listed below incorporated in the Work by the Unit Price set forth below for such Unit Price Item: COMPLETE TABLE AS INDICATED Unit Price Item Unit Approximate Number of Units Price Per Unit Extension 1 $_________ $_______________ 2 $_________ $_______________ 3 $_________ $_______________ TOTAL CONTRACT PRICE (write in numbers only): $ _____________________________________ Exhibit A Page 48 of 69 Des Plaines Civic Center Parking Structure ATTACHMENT A -6-  C. COMBINED LUMP SUM/UNIT PRICE CONTRACT (1) For providing, performing, and completing all Work related to [describe lump sum work], the total sum of (write in numbers only): $ ______________________________________ (2) For providing, performing, and completing all Work related to [describe unit price work], the sum of the products resulting from multiplying the number of acceptable units of Unit Price Items listed below incorporated in the Work by the Unit Price set forth below for such Unit Price Item: COMPLETE TABLE AS INDICATED Unit Price Item Unit Approximate Number of Units Price Per Unit Extension 1 $_________ $_______________ 2 $_________ $_______________ 3 $_________ $_______________ TOTAL CONTRACT PRICE, being the sum of (1) plus the extension of (2) (write in numbers only): $ ________________________________________ D. Any items of Work not specifically listed or referred to in the Schedule of Prices, or not specifically included for payment under any Unit Price Item, shall be deemed incidental to the Contract Price, shall not be measured for payment, and shall not be paid for separately except as incidental to the Contract Price, including without limitation extraordinary equipment repair, the cost of transportation, packing, cartage, and containers, the cost of preparing schedules and submittals, the cost or rental of small tools or buildings, the cost of utilities and sanitary conveniences, and any portion of the time of Bidder, its superintendents, or its office and engineering staff. 8. Progress Payments: A. General. Owner must pay to Contractor 90 percent of the Value of Work, determined in the manner set forth below, installed and complete in place up to the day before the Pay Request, less the aggregate of all previous Progress Exhibit A Page 49 of 69 Des Plaines Civic Center Parking Structure ATTACHMENT A -7- Payments. The total amount of Progress Payments made prior to Final Acceptance by Owner may not exceed 90 percent of the Contract Price. B. Value of Work. The Value of the Work will be determined as follows: (1) Lump Sum Items. For all Work to be paid on a lump sum basis, Contractor must, not later than 10 days after execution of the Contract and before submitting its first Pay Request, submit to Owner a schedule showing the value of each component part of such Work in form and with substantiating data acceptable to Owner (“Breakdown Schedule”). The sum of the items listed in the Breakdown Schedule must equal the amount or amounts set forth in the Schedule of Prices for Lump Sum Work. An unbalanced Breakdown Schedule providing for overpayment of Contractor on component parts of the Work to be performed first will not be accepted. The Breakdown Schedule must be revised and resubmitted until acceptable to Owner. No payment may be made for any lump sum item until Contractor has submitted, and Owner has approved, an acceptable Breakdown Schedule. Owner may require that the approved Breakdown Schedule be revised based on developments occurring during the provision and performance of the Work. If Contractor fails to submit a revised Breakdown Schedule that is acceptable to Owner, Owner will have the right either to suspend Progress and Final Payments for Lump Sum Work or to make such Payments based on Owner’s determination of the value of the Work completed. (2) Unit Price Items. For all Work to be paid on a unit price basis, the value of such Work will be determined by Owner on the basis of the actual number of acceptable units of Unit Price Items installed and complete in place, multiplied by the applicable Unit Price set forth in the Schedule of Prices. The actual number of acceptable units installed and complete in place will be measured on the basis described in Attachment B to the Contract or, in the absence of such description, on the basis determined by Owner. The number of units of Unit Price Items stated in the Schedule of Prices are Owner’s estimate only and may not be used in establishing the Progress or Final Payments due Contractor. The Contract Price will be adjusted to reflect the actual number of acceptable units of Unit Price Items installed and complete in place upon Final Acceptance. C. Application of Payments. All Progress and Final Payments made by Owner to Contractor will be applied to the payment or reimbursement of the costs with respect to which they were paid and will not be applied to or used for any pre- existing or unrelated debt between Contractor and Owner or between Contractor and any third party. Exhibit A Page 50 of 69 Des Plaines Civic Center Parking Structure ATTACHMENT A -8- 9. Per Diem Administrative Charge:  $ 6,775.00 per calendar day  No Charge 10. Standard Specifications: The Contract includes the following Illinois Department of Transportation standard specifications, each of which are incorporated into the Contract by reference:  "State of Illinois Standard Specifications for Road and Bridge Construction" (SSRB)  "Standard Specifications for Water and Sewer Main Construction in Illinois" (SSWS)  "Illinois Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD). The Contract also includes Owner’s City Code and Building Codes. References to any of these manuals, codes, and specifications means the latest editions effective on the date of the bid opening. See Attachment D for any special project requirements. Exhibit A Page 51 of 69 -1- CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF THE DES PLAINES CIVIC CENTER PARKING STRUCTURE ATTACHMENT B SPECIFICATIONS SEE ATTACHMENT D Exhibit A Page 52 of 69 -1- CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF THE DES PLAINES PARKING STRUCTURE ATTACHMENT C LIST OF DRAWINGS Reference Specification Section 000115 “List of Drawing Sheets” Exhibit A Page 53 of 69 -1- CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF THE DES PLAINES CIVIC CENTER PARKING STRUCTURE ATTACHMENT D SPECIAL PROJECT REQUIREMENTS Exhibit A Page 54 of 69 CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF THE DES PLAINES CIVIC CENTER PARKING STRUCTURE APPENDIX 1 PREVAILING WAGE ORDINANCE Exhibit A Page 55 of 69 Exhibit A Page 56 of 69 Exhibit A Page 57 of 69 Exhibit A Page 58 of 69 Exhibit A Page 59 of 69 Exhibit A Page 60 of 69 Exhibit A Page 61 of 69 Exhibit A Page 62 of 69 Exhibit A Page 63 of 69 Exhibit A Page 64 of 69 Exhibit A Page 65 of 69 Exhibit A Page 66 of 69 Exhibit A Page 67 of 69 Exhibit A Page 68 of 69 Exhibit A Page 69 of 69 OFFICE OF the MAYOR 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5301 desplaines.org Date: December 10, 2019 To: Michael G. Bartholomew, City Manager From: Matthew J. Bogusz, Mayor Subject: Resolution R-209-19 Add Resolution R-209-19 to the December 16, 2019 City Council meeting agenda for discussion. The Resolution initiates placing a Public Question on the March 17, 2020 ballot. “Shall the City Clerk in the City of Des Plaines be appointed by the City Manager rather than be elected.” Attachment: Resolution R-209-19 MEMORANDUM Page 1 of 3 NEW BUSINESS #3A. CITY OF DES PLAINES RESOLUTION R - 209 - 19 A RESOLUTION INITIATING THE SUBMISSION OF A PUBLIC QUESTION TO AUTHORIZE THE APPOINTMENT OF THE CITY CLERK. WHEREAS, in accordance with Section 3.1-25-90 of the Illinois Municipal Code, 65 ILCS 5/3.1-25-90, the Clerk of the City of Des Plaines (“City”) is elected for a four-year term; and WHEREAS, the City is a home rule municipality in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, pursuant to Article VII, Section 6(f) of the Illinois Constitution, the City has the home rule authority to provide for its officers, their manner of selection and terms of office as provided by referendum or as otherwise authorized by law; and WHEREAS, pursuant to Article VII, Section 6(f) of the Illinois Constitution, the City Council desires to place on the March 17, 2020 ballot a public question to be considered by the voters in the City to authorize, in lieu of election, the appointment of the City Clerk by the City Manager; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: PUBLIC QUESTION ON THE APPOINTMENT OF THE CITY CLERK. A public question shall be submitted to the voters of the City of Des Plaines, County of Cook, State of Illinois, at the March 17, 2020 election (or at the next available election permitted by the general election law), as follows: Shall the City Clerk in the City of Des Plaines be appointed by the City Manager rather than be elected? YES ____ NO ____ SECTION 3: FILING. The City Clerk is hereby authorized and directed to certify and file this Resolution and other related matters with the appropriate election officials in accordance with applicable law. Page 2 of 3 SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval by a majority of the members of the City Council according to law. PASSED this ____ day of __________________, 2019. APPROVED this _____ day of ______________, 2019. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel #71253853_v3 Page 3 of 3