INVITATION TO BID NORTH BEACH ACCESS ROAD BLUFF RESTORATION PROJECT DESIGN / BUILD HYBRID APPROACH WITH GUARANTEED MAXIMUM PRICE

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1 INVITATION TO BID Sealed guaranteed maximum price bids will be received for the City Council of The City of Lake Forest in the office of Michael Thomas, Director of Public Works, 800 N. Field Drive, Lake Forest, Illinois, 60045, until 10:00 a.m. on Thursday, October 11, 2018 for the repair of a bluff failure along the City s Forest Park property as described below. The project involves bluff restoration for the slope failure that occurred along the east face of the bluff and along the west side of the North Beach Access Road. The location is near the north end of the City beach and south of the north end ravine. The bluff slope experienced a significant landslide extending for a width of about 80 feet and affected the entire slope from the table land down to the North Beach Access Road. The Road has been closed since the slope failure in the interest of public safety. The proposed slope restoration includes the reconstruction of the slope to a stable slope configuration by re-grading the slope, incorporating a mid-slope bench, and construction of drainage systems to control water from the sand seam that carries water to the bluff face. The City has chosen to utilize a design / build approach with its design engineering firm, AECOM. NOTES: *A mandatory on-site pre-bid meeting will occur on Tuesday, October 2 nd, 2018 at 10:00 a.m. Interested contractors can park along the north end of Forest Park s Ring Road and walk to the north end of the tableland of Forest Park. *Bidding information regarding this project is available on the City s website located at: The City of Lake Forest reserves the right to reject any or all sealed bids, or to accept a bid, or any item of any bid, deemed by the City Council to be the most favorable to the interests of the municipality. Sealed and plainly marked envelopes shall be addressed to Michael Thomas, Director of Public Works, 800 N. Field Drive, Lake Forest, Illinois Such bids shall be received no later than 10:00 a.m. on Thursday, October 11, For Publication: September 27, 2018

2 North Beach Access Road Bluff Restoration Project

3 North Beach Access Road Bluff Restoration Project

4 North Beach Access Road Bluff Restoration Project

5 INVITATION TO BID NORTH BEACH ACCESS ROAD BLUFF RESTORATION PROJECT DESIGN / BUILD HYBRID APPROACH WITH GUARANTEED MAXIMUM PRICE Bidding Period: September 27-October 11, 2018 A mandatory, on-site pre-bid meeting will occur on Tuesday, October 2 nd, 2018 at 10:00 a.m. Interested contractors can park along the northern end of Forest Park s Ring Road and walk to the north end of the tableland of Forest Park. The project involves bluff restoration for the slope failure that occurred along the east face of the bluff along the west side of the North Beach Access Road. The location is near the north end of the City beach and south of the north end ravine. The bluff slope experienced a significant landslide extending for a width of about 80 feet and affected the entire slope from the table land down to the North Beach Access Road. The Road has been closed since the slope failure in the interest of public safety. The proposed slope restoration includes the reconstruction of the slope to a stable slope configuration by re-grading the slope, incorporating a mid-slope bench, and construction of drainage systems to control water from the sand seam that carries water to the bluff face. Once the City awards a bid to the construction contractor, the City s contracted engineering firm, AECOM, will continue as the design consultant and serve in a design / build style capacity in terms of expediting the work by close cooperation with the Contractor during construction. During the bid period (September 27-October 11, 2018) AECOM will provide project scope insight to the construction contractors. AECOM will compile a preliminary grading plan, cross section, and preliminary Geotechnical stability analysis during the week of October 1 st. AECOM will issue a brief technical memorandum for Contractor consideration by October 5 th, AECOM will respond to contractor questions during the bidding period and will be available for conference calls with the contractors and the City during the bidding period. All questions regarding this project shall be directed to AECOM s representative, Bill Weaver, at (847) Bid Opening: October 11, :00 a.m. The bid opening will occur at 10:00 a.m. on Thursday, October 11, 2018 in the Savannah Conference Room, located at: The City of Lake Forest s Municipal Building, 800 N. Field Drive, Lake Forest, Illinois In a sealed envelope, please submit a Guaranteed Maximum Price without exceptions as noted in Section 5.01A of the attached agreement, to Michael Thomas, Director of Public Works. If the

6 information provided to the bidders during the pre-bid period by The City of Lake Forest or their engineer is insufficient to provide such a bid, the Bidder shall do whatever due diligence they feel is necessary to meet this bidding requirement. Tree Protection / Tree Removal The City s Forestry Section will be removing and / or providing protection for all impacted trees. The Forestry Supervisor, Corey Wierema, will work with the awarded contractor to define the staging and haul route off of the Forest Park property. Questions regarding tree issues may be directed to Corey Wierema, City Forester, at (847) Project Completion Date The project is expected to be completed as follows: October 16-23, 2018: Contractor mobilization October 24, 2018-January 8, 2019: Earth excavation and regrading April 1-May 17, 2019: Replacement of the park s damaged asphalt road and gravel path April 1-June 7, 2109: Bluff seeding & planting June 7, 2019: Project completed *The North Beach Access Road must be open for vehicle traffic no later than Friday, May 17, 2019 Design / Build Phase after Project is Awarded to Contractor (AECOM s Role & Deliverables) Working with the awarded Contractor and the City, AECOM will provide the following information during the design / build phase: MOBILIZATION, DATA COLLECTION & REVIEW Objectives: Obtain and review data and reports to supplement the data collected during recent preliminary planning efforts, and that may pertain to the design of the project. LAND SURVEY Objectives: Complete a survey of the failed slope and adjacent areas as needed for final design and to supplement the preliminary surveys that have been completed. Approach: Complete a survey of the slope and adjacent areas to supplement the available base maps. This survey will add to information recently developed for the failure site as well as adjacent areas that are to be affected by construction.

7 Recover previously established horizontal and vertical control and extend control as needed. Existing work limits survey Survey to extend for a horizontal slope distance of approximately 300 feet. As well, survey the top of slope in areas to the south of the restoration zone. Utility Survey Based on utility information provided by the City of Lake Forest, develop utility map of utilities in the project area based on field survey depicting location, rim, invert, pipe size, direction and material. Develop integrated base mapping incorporating all information above. The new topography developed from the new survey will be clipped in with prior survey contours. Deliverables: Final topographic and utility base map drawing Cross section survey data and drawings Manhole and utility structure below rim details Survey books GEOTECHNICAL INVESTIGATIONS AND DESIGN Objectives: Obtain geotechnical information required for the project design and prepare a geotechnical design memorandum. Approach: This task is focused on developing data and recommendations for final design. The geotechnical engineering work scope for the final design phase will include interpretation of subsurface explorations and laboratory testing obtained previously in the area. Geotechnical Design AECOM geotechnical engineers will evaluate the soil boring and laboratory testing data to design the stabilization measures. AECOM understands that the stabilization will consist of a reconstruction and regrading of the slope for the planned lateral distance. AECOM will perform geotechnical stability analyses for the proposed restoration concept and use this analysis to instruct the final design configuration. Soil strength parameters will be developed from a combination of lab testing results and empirical correlations to soil index properties and SPT-N values. The analysis will be performed using the Slope/W stability modelling software to evaluate that the slope is stable. The geotechnical analysis will also include the development of a slope drainage system to manage water from the sand seam that exists throughout the repair area. This mid slope drainage system will collect seepage water which will then be subsequently piped down the slope to the road drainage system. AECOM will prepare a design summary report prepared under the supervision of a registered Professional Engineer of the State of Illinois. The report will include boring logs and a description of the soil boring activities and conditions documented in the studies that AECOM will rely upon, as well as a summary of the design approach and calculations results.

8 Deliverables: Geotechnical investigations design basis memorandum including boring logs and geotechnical analyses, and recommendations for slope stability. Specifications for excavation, backfill soils, placement and compaction of backfill fill soils, and drainage system materials and installation. Geotechnical plan notes. REGULATORY PERMIT APPLICATIONS AND COORDINATION Objective: Satisfy The City of Lake Forest s permit requirements. Approach: AECOM assumes that the project will need to follow The City of Lake Forest s building permit requirements. AECOM assumes that no significant coordination or permits will be required with outside agencies. AECOM will provide to the contractor regulatory rules that apply with respect to erosion and sediment control and building department rules. Deliverables: Erosion and Sediment Management Plans Coordination with The City of Lake Forest with respect to their applicable rules STAKEHOLDER COORDINATION AND MEETINGS Objectives: Participate in City and Stakeholder Meetings. This includes field meetings with key stakeholders and providing support to the City in presenting the project to these groups. FINAL PLANS AND SPECIFICATIONS (BID SET) Objective: Develop Plans and Specifications Approach: Prepare plans and specifications and coordinate closely with awarded contractor. Deliverables: Stamped Plans Stamped Specifications Bound AutoCAD files and.dwf files Bid Set Plans and Specifications (3 copies bound plans at 11x17) FINAL DESIGN PHASE QA / QC Objective: Completion of the Quality Assurance / Quality Control Review for the Plans and Specifications, design calculations and cost estimates. AECOM s Role in Project Management & Construction Engineering

9 PROJECT MANAGEMENT Objective: Provide overall management for a quality product within the established budget and schedule. Approach: AECOM will provide reasonable project management functions to monitor adherence to project s GMP and schedule against contract requirements. Progress meetings will be held with The City of Lake Forest to exchange information, receive feedback, and to reach consensus. AECOM shall coordinate all services/subcontractors that are under contract to AECOM. CONSTRUCTION ENGINEERING Objective: Provide construction engineering support. Approach: AECOM will review Contractor submittals, respond to Requests for Information (RFI), issue Supplemental Engineers Instructions, and perform part-time on-site observations. AECOM will prepare reports and photo logs following site visits. Independently document and report on Contractor compliance with the project plans and specifications in accordance with the plans and specifications by AECOM. Assess and report Contractor deficiencies and provide input regarding acceptance or rejection of work. Provide review support for Contractor payment requests. As the project nears completion, AECOM will provide input to the City s compilation of a punch list for the Contractor. When construction is completed, input to the City s final completion report. The following tasks summarize activities for which AECOM will provide engineering support: Preconstruction Activities Following is a summary of AECOM activities leading up to construction: Assist the City with the Contractor bid review. Provide response to regulatory agency comments that may arise. Pre-construction meeting Coordination, Meetings and AECOM Team Management This effort will include liaison between AECOM s construction engineering team and the City s Team. AECOM will attend meetings when requested. This also includes coordination and management of AECOM s team, contract, and communications with the City. Design Engineer Services during Construction AECOM will work closely with the Contractor to advance the design to final completion. We will also review contractor submittals and information requests. AECOM will be responsible for review of the

10 following Contractor submittals and any other submittals as called out in the specifications to be completed as early in the construction process as possible: Road and utility design Drainage systems Construction materials Fill material Geotechnical issues Shop drawings AECOM s level of effort for submittal review is dependent on the degree to which the City requires AECOM s support and on the quality of the Contractor s submittals. During the course of construction, AECOM anticipates the contractor will submit RFI s that may require AECOM s input. AECOM will respond to requests as directed by the City. Construction Observation AECOM will include on call, part-time construction observation. AECOM plans to visit the site periodically each week and as requested by the City to support construction engineering needs. While on-site, the AECOM field observations will be documented in a project logbook, in daily reports, and with photographs.

11 AGREEMENT BETWEEN THE CITY OF LAKE FOREST AND CONTRACTOR FOR CONSTRUCTION CONTRACT THIS AGREEMENT is dated as of the day of October in the year 2018, ( Effective Date ) by and between The City of Lake Forest, Illinois ( Owner ) and. Owner and Contractor hereby agree as follows: ARTICLE 1 WORK 1.01 Contractor shall complete all Work as indicated in the Guaranteed Maximum Price Proposal Dated October 11 th, 2018 as noted in Section 5.01A of this agreement. The Work is generally described as follows: The project involves bluff restoration for the failure that occurred along the west side of the North Beach Access Road. The bluff slope along the west side of the North Beach Access Road located just south of the north ravine, experienced a significant landslide extending for a width of about 80 feet and affected the entire slope. The north Beach Access Road is closed to keep vehicular traffic away and to keep pedestrians from being too close to the area. The proposed slope restoration includes the reconstruction of the slope to a stable slope configuration by re-grading the slope, incorporating a mid-slope bench, and construction of drainage systems to control water from the sand seam that carries water to the bluff face. ARTICLE 2 THE PROJECT The Project for which the Work under the Contract Documents (as defined in Article 8) may be the whole or only a part is generally described as follows: ARTICLE 3 ENGINEER NORTH BEACH ACCESS ROAD BLUFF RESTORATION PROJECT 3.01 The Project will be designed by AECOM (Engineer), which is to act as Owner s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

12 ARTICLE 4 CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and Final completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract Days to Achieve Substantial and Final Completion and Final Payment A. The Work shall be substantially completed within 213 calendar days (October 16, May 17, 2019). Final completion shall be no later than June 7, Substantial completion shall include all excavation, grading, and replacement of asphalt Ring Road and gravel path. Final completion shall include installation of all soil, seed, blanket, and removal of all equipment, materials, and fencing staged on site. *The North Beach Access Road must be open for vehicle traffic no later than Friday, May 17, Final payment will be made after all work is inspected and approved by both the City s contractual engineer (AECOM) and the City s Superintendent of Engineering. Additionally, all waivers of liens must be received and finalized before final payment is made. Final payment will be made within 30 days of the before noted items, 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that the public represented by Owner will suffer the inconvenience of not having its public works completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner Five Hundred Dollars ($500.00) for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner Two Hundred Dollars ($200.00) for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment. B. The Contractor agrees to make no claim for damages for delay in the performance of the Contract occasioned by any act or omission to act of The City of Lake Forest or any of its representatives and agrees that any subject claim shall be fully compensated for by an extension of time to complete the performance of the work as provided herein.

13 ARTICLE 5 CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Document a guaranteed maximum price without exceptions pursuant to Paragraph 5.01.A below. If the information provided to the bidders during the pre-bid period by The City of Lake Forest or their engineer is insufficient to provide such a bid, the Bidder shall do whatever due diligence they feel is necessary to meet this bidding requirement. A. For all Work, the guaranteed maximum price without exceptions shall be the amount of $ (including the surety bond) ARTICLE 6 PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor s Applications for Payment and as recommended by Engineer during performance of the Work as provided in Paragraph 6.02.A.1 below. All such payments will be measured as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the total amount of work completed and accepted by the Engineer at the time the Application for Payment is submitted but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine, or Owner may withhold, including but not limited to 10% of total amount of work completed and liquidated damages, in accordance with Paragraph of the General Conditions. 2. Upon Substantial Completion, progress payments will be made in an amount equal to the total amount of work completed and accepted by the Engineer at the time the Application for Payment is submitted but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine, or Owner may withhold, including but not limited to 5% of total amount of work completed and liquidated damages, in accordance with Paragraph of the General Conditions.

14 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph ARTICLE 7 CONTRACTOR S REPRESENTATIONS 7.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC of the Supplementary Conditions as containing reliable "technical data." E. Contractor has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. F. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Siterelated reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor s safety precautions and programs.

15 G. Based on the information and observations referred to in Paragraph 7.01.F above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents including specifically the provisions of Paragraphs 4.02 and 4.04 of the General Conditions. H. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (Section ). 2. Performance bond (Section ). Any and all bonds are to have the same effective date as the Agreement. 3. General Conditions as found in the Project Manual 4. Outline Specifications and Specifications as found in the Project Manual to the level of detail that AECOM can complete and convey to you prior to the bid. 5. Drawings/Details. Drawings and Specifications that will be provided to the level of detail that AECOM can complete and convey to you prior to the bid. 6. Exhibit to this Agreement a. Contractor s Lump Sum Proposal Dated October 11, The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Work Change Directives.

16 b. Change Orders. B. The documents listed in Paragraph 8.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 8. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 9 MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Contractor s Certifications

17 A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 9.05: 1. corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract Compliance with all Laws. Contractor shall comply with all applicable laws, regulations, and rules promulgated by any Federal, State, County, Municipal and or other governmental unit or regulatory body now in effect during the performance of the work. By way of example, the following are included within the scope of the laws, regulations and rules referred to in this paragraph, but in no way to operate as a limitation on the laws, regulations and rules with which Contractor must comply, are all forms of Workers Compensation Laws, all terms of the Equal Employment Opportunity Clause of the Illinois Fair Employment Practices Commission, the Illinois Preference Act, the Substance Abuse Prevention on Public Works Act, the Social Security Act, Statutes relating to contracts let by units of government, all applicable Civil Rights and Anti-Discrimination Laws and Regulations, and traffic and public utility regulations Indemnification To the fullest extent permitted by law, to waive any and all rights of contribution against OWNER and to indemnify and hold harmless OWNER and its officers, officials, employees, volunteers and agents from and against all claims, damages, losses and expenses, including, but not limited to, legal fees (attorney s and paralegal s fees, expert fees and court costs) arising out of or resulting from the performance of the

18 Contractor s work, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, other than the work itself, including the loss of use resulting therefrom, or is attributable to misuse or improper use of trademark or copyright protected material or otherwise protected intellectual property, to the extent it is caused in whole or in part by any wrongful or negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right to indemnity which OWNER would otherwise have. The Contractor shall similarly, protect, indemnify and hold and save harmless, OWNER, its officers, officials, employee, volunteers and agents against and from any and all claims, costs, causes, actions and expenses, including, but not limited to, legal fees, incurred by reason of Contractor s breach of any of its obligations under, or Contractor s default of any provisions of the Contract. The indemnification obligations under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under Workers Compensation or Disability Benefit Acts or Employee Benefit Acts Insurance. 1. Contractor shall keep in force, to the satisfaction of OWNER, at all times during the performance of any work referred to above, Workers Compensation and Employer s Liability Insurance, Commercial General Liability Insurance, and Automobile Insurance in at least the type and amounts as follows: 1. Workers' Compensation: a. State: Statutory b. Applicable Federal (e.g., Longshoremen's): Statutory c. Employer's Liability $500, Per Accident $500, Disease, Policy Limit $500, Disease, Each Employee 2. Commercial General Liability: 1. $2,000, General Aggregate 2. $1,000, Products Completed Operations Aggregate 3. $1,000, Personal and Advertising Injury 4. $1,000, Each Occurrence 5. $ 50, Fire Damage (any one fire)

19 6. $ 5, Medical Expense (any one person) 3. Business Automobile Liability (including owned, non-owned and hired vehicles): a. Bodily Injury: $1,000, Per Person $1,000, Per Accident b. Property Damage: $1,000, Per Occurrence 4. Umbrella Excess Liability: $2,000, over Primary Insurance 2. Contractor shall have all policies of insurance purchased or maintained in fulfillment hereof name OWNER as an additional insured thereunder and the Contractor shall provide Certificates of Insurance and Policy Endorsements evidencing the coverages and the addition of OWNER as an insured. No such policy of insurance shall have a deductible or self-insurance retention amount in excess of $5, per occurrence. All insurance shall be written on an occurrence basis rather than a claims-made basis. Failure of OWNER to demand any certificate, endorsement or other evidence of full compliance with these insurance requirements or failure of OWNER to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor s obligation to maintain such insurance. The Contractor agrees that the obligation to provide the insurance required by these documents is solely its responsibility and that this is a requirement which cannot be waived by any conduct, action, inaction or omission by OWNER. Upon request, the Contractor will provide copies of any or all policies of insurance maintained in fulfillment hereof. 3. Contractor agrees that nothing contained in the insurance requirements of the Contract Documents is to be construed as limiting the liability of the Contractor, the liability of any Subcontractor or any tier or either of their respective insurance carriers. All the insurance required of the Contractor shall state that the coverage afforded to the additional insureds shall be primary insurance of the additional insureds with respect to claims arising out of operations performed by or on their behalf. If the additional insureds have other insurance or self-insured coverage which is applicable to the loss, it shall be on an excess or contingent basis Cooperation Contractor shall furnish any affidavit or Certificate in connection with the work covered by this agreement as required by law.

20 9.10 Prevailing Wage Act Contractor shall, to the extent that the Prevailing Wage Act applies, pay and require every Subcontractor to pay prevailing wages as established by the Illinois Department of Labor for each craft or type of work needed to execute the contract in accordance with 820 ILCS 130/.01 et seq. Contractor shall prominently post the current schedule of prevailing wages at the Contract site and shall notify immediately in writing all of its Subcontractors, of all changes in the schedule of prevailing wages. Any increases in costs to Contractor due to changes in the prevailing rate of wage during the terms of any contract shall be at the expense of Contractor and not at the expense of OWNER. The change order shall be computed using the prevailing wage rates applicable at the time the change order work is scheduled to be performed. Contractor shall be solely responsible to maintain accurate records as required by the Prevailing Wage Act and to obtain and furnish all such certified records to OWNER as required by Statute (certified payroll or a certified letter setting forth any exemption from application of the Act). Contractor shall be solely liable for paying the difference between prevailing wages and any wages actually received by laborers, workmen and/or mechanics engaged in the Work and in every way defend and indemnify OWNER against any claims arising under or related to the payment of wages in accordance with the Prevailing Wage Act. The Illinois Department of Labor publishes the prevailing wage rates on its website at The Department revises the prevailing wage rates and the Contractor/subcontractor has an obligation to check the Department s web site for revisions to prevailing wage rates. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor s website Mutual Cooperation The parties recognize that the Owner will have its own forces and other forces involved in the general project and both Owner and Contractor share the mutual responsibility of cooperation, communication, and coordination of their work and forces.

21 Eligibility to Execute Contract, having executed a contract for North Beach Access Road Bluff Restoration Project, with The City of Lake Forest, hereby certifies that said contractor is not barred from executing said contract as a result of (i) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless contractor is contesting, in accordance with the procedures established by the appropriate revenue Act, its liability for the tax or the amount of the tax, as set forth in 65 ILCS 5/ ; (ii) a violation of either Section 33E-3 or 33E-4 of Article 33 of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq.; or (iii) 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 effective September 24, BY: Subscribed and sworn to before me this Authorized Agent of Contractor day of, Notary Public

22 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner, Contractor, and Engineer. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or by Engineer on their behalf. This Agreement will be effective on (which is the Effective Date of the Agreement). OWNER: CONTRACTOR THE CITY OF LAKE FOREST By: Title: Attest: Title: Address for giving notices: By: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Title: Address for giving notices: 800 N. Field Drive Lake Forest, IL License No.: (Where applicable) Agent for service of process: