AGREEMENT made as of the
day of
(In words, indicate day, month and year)
March
in the year 2010
BETWEEN the Owner:
(Name, address and other information)
Pioneer Prairie, LLC
c/o DuPage Habitat for Humanity, Inc.
213 S. Wheaton Avenue
Wheaton, IL 60187
and the Contractor:
(Name, address and other information)
for the following Project:
(Name, location and detailed description)
Pioneer Prairie Subdivision West, Chicago, Illinois
The Architect:
(Name, address and other information)
all rights of the Architect shall be exercised by the Engineer, Smith Engineering Corporation
(“SEC”) and the Owner’s Representative. The Owner’s Representative is Rik Alex Consulting
Ltd.
The Owner and Contractor agree as follows.
Pioneer Prairie LLC_2010 _Contract
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General Conditions of the Construction Agreement (Short Form)
1. General
1.1 The Work of the contract shall consist of all construction materials, labor,
equipment, and services required by the Bid Document, drawings, specifications, and
other construction documents, all documents referenced in the Bid Document, or as
reasonably inferable from any or all of the construction documents.
1.2 The Work of the project shall comply in all respects with applicable federal,
state, county, and city regulations, laws, and codes, including but not limited to the
Summary of Contract Provisions for HUD Funded Capital Projects in DuPage County,
referenced in the Bid Document. All required building and other permits shall be
obtained before beginning construction.
1.3 Substitution of items will not be permitted unless specifically approved by the
Owner.
2. Owner
2.1 The Owner shall furnish the Contractor with a survey of the project site if
required.
2.2 The Owner shall obtain and pay for any necessary approvals, easements, and
variances required for the construction of the project.
2.3 If the Contractor fails to complete the Work, or part of the Work, of the
Agreement in accordance with the construction documents and fails to correct such
discrepancies, the Owner may, by written order, stop work on all or part of the project
until the failure has been corrected.
2.4 The Owner reserves the right to occupy the building space, or such portions
thereof as may be desired, at any time without in any way invalidating this Agreement.
An additional fee may be charged the Owner by the Contractor if the Owner's
occupancy interferes in any way with the progress of the project. Additional time for
completion of the project may also be required if the Owner's occupancy delays the
Contractor in any way.
3. Contractor
3.1 The Contractor shall be solely responsible for the Work described in the
Agreement. It shall have complete control over construction methods, techniques, and
procedures and shall supervise such work with its best skill and attention.
3.2 The Contractor shall pay for all labor, equipment, materials, and services required
to complete the Work and will pay for building permits and inspections necessary for
the proper completion of the Work.
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3.3 The Contractor shall be held responsible for all damages resulting from errors,
omissions, or negligence of Contractor or subcontractors in the performance of the
Work.
3.4 The Contractor shall hold harmless the Owner from and against all claims,
damages, losses, expenses, legal fees, and other costs resulting from the Contractor's
performance of the Work.
3.5 The Contractor shall provide the Owner with access to the Work.
4. Subcontractors
4.1 The Contractor shall select the subcontractors, but shall not use subcontractors to
whom the Owner has a reasonable objection. The Contractor shall not be required to use
a subcontractor to whom the Contractor has a reasonable objection.
5. Disputes
5.1 Any claims or disputes between the Contractor and the Owner arising from this
Agreement shall be resolved by arbitration in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association unless both parties agree
otherwise. Judgment may be entered on the award.
6. Work by Other Contractors
6.1 All contractors and subcontractors shall work in harmony with others on the
project and shall afford the Owner and other subcontractors reasonable opportunity for
the storage of materials and equipment.
7. Changes
7.1 Changes, modifications, additions, and deletions to the Work under this
Agreement will be made by written order signed by the Owner. Any such changes will
not invalidate this Agreement. The time for project completion and the project cost will
be adjusted accordingly.
8. Time
8.1 If at any time the Contractor is delayed in performing the Work under this
Agreement by Owner-requested changes, labor disputes, fire, or other circumstances
over which the Contractor has no control, the contract time shall be equitably extended.
9. Payments
9.1 Payments will be made by the Owner to the Contractor in accordance with the
payment schedule.
9.2 Payments may be withheld because of any of the following conditions:
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a. Defective work not corrected.
b. Failure of the contractor to make payments to subcontractors or for materials,
labor, equipment, or services.
c. Persistent failure to perform the work in accordance with the terms and
conditions set forth in this Agreement.
d. Any other material and unexcused breach of this Agreement by the Contractor.
9.3 Final payment shall become due when the Work is completed in accordance with
the construction documents.
10. Insurance
10.1 The Contractor shall furnish the Owner with the following certificates of
insurance in the amounts indicated:
a. Workers Compensation Insurance as required by statute.
b. Broad form Commercial General Liability insurance with limits of $1,000,000.
c. Comprehensive Automobile Liability in the amount of not less than $1,000,000
each occurrence, and Property Damage in the amount of $100,000 each accident.
10.2 The Owner shall maintain property insurance for the project to its full insurable
value. This insurance shall include the interests of the bank, or other mortgage holder, if
any, and the Owner shall insure against "all risks" of physical loss or damage.
11. Termination
11.1 If the Owner fails to make payment under the terms of the Agreement, through
no fault of the Contractor, the Contractor may, upon seven (7) days written notice to the
Owner, terminate performance under the Agreement, and the Owner shall pay for work
completed and any proven loss with respect to materials, equipment and machinery and
reasonable profit.
11.2 If the Contractor fails to carry out the work in accordance with the Agreement
and other construction documents, the Owner may, upon seven (7) days written notice
to the Contractor, terminate the Contractor's performance under the Agreement and
finish the work by whatever methods the Owner determines. If the cost of completing
the work exceeds the contract price, the difference is to be paid to the Owner by the
Contractor.
12. Jurisdiction
12.1 This Agreement shall be governed by the laws of the place where the project is
located.
13. Additional documents, if any, forming part of the Contract Documents:
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.1
.2
.3
.4
Exhibit A, Executed Foundation Bid Specs and Pricing
Exhibit B, Executed Concrete Foundation Specifications
Exhibit C, Price List June 2009
Not attached. DuPage County requirements included with bid package.
This Agreement entered into as of the day and year first written above.
OWNER (Signature)
CONTRACTOR (Signature)
(Printed name and title)
(Printed name and title)
Pioneer Prairie, LLC
By:
DuPage Habitat for Humanity, Inc.,
Manager
By:___________________________
Its: ___________________________
By:_____________________________
Its: ____________________________
By:___________________________
Its:____________________________
Pioneer Prairie LLC_2010 _Contract
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Exhibit A
BID DOCUMENT
Four Homes at the Pioneer Prairie Project, Sherman and Pomeroy Streets, West Chicago
NOTICE: FEDERAL LABOR STANDARDS AND PREVAILING WAGE RATES WILL
APPLY TO THIS PROJECT.
WOMEN AND MINORITY OWNED BUSINESSES ARE ENCOURAGED TO SUBMIT
BIDS ON THIS PROJECT.
Dear Contractor:
You are invited to bid on DuPage Habitat for Humanity’s Pioneer Prairie project located at the
corner of Sherman and Pomeroy Streets in West Chicago, Illinois. We are soliciting bids for the
following stages of construction for four homes in 2010: excavation, foundations/sidewalks,
insulation, plumbing, gutters/downspouts/soffit/fascia, overhead garage doors, carpeting.
About DuPage Habitat for Humanity
DuPage Habitat for Humanity is a locally run affiliate of Habitat for Humanity International, a
nonprofit, ecumenical Christian housing organization. DuPage Habitat for Humanity works in
partnership with corporate and community partners to build modest and affordable housing. The
houses are sold to qualifying families at no profit and with no interest. Visit us at
www.dupagehabitat.org. No calls please.
Timeline for Submission and PreDevelopment
February 1, 2010
Bid Opportunity Available on www.dupagehabitat.org. House Plans
Available for pickup at contractor’s expense at Quality Blueprint &
Supply (622 St. Charles Road, Carol Stream, IL 60188, 630-510-0606)
February 11, 2010
Pre-Bid Meeting from 9am-11am at DuPage Habitat
February 18, 2010 Sealed Bids must be received at DuPage Habitat for Humanity,
located at 213 S. Wheaton Avenue, Wheaton, IL 60187 on or before
4pm.
February 19, 2010
Public Bid opening at DuPage Habitat for Humanity at 9am
February 26, 2010
Contractors selected
March 4, 2010
Mandatory meeting for all selected Contractors at DuPage Habitat for
Humanity from 9am-11am to review required federal paperwork.
March 10, 2010
All Federal Paperwork and signed contracts must be received by 4pm.
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Required Sealed Bid Components
 Signed copy of this Bid Document, with bid amount included. Bid should include
completion of work for 4 houses.
 Signed copy of Bid specifications for the relevant stage of construction.
 Statement of your qualifications including references and a list of related work
experience.
 5% Bid Bond.
About Federal Labor Standards and Prevailing Wage Rates
Funding for this project, in part, has been provided via a grant from DuPage County. The source
of these funds is the U.S. Department of Housing and Urban Development. As such, Federal
Labor Standards and Prevailing Wage Rates apply to all work performed on this contract.
Minority and women-owned businesses are encouraged to submit bids. The following summary
and related attachments are included in, and made part hereof, these work specifications. The
documents are available at http://www.dupagehabitat.org/projects/contracts.aspx
1. Bid Specifications
2. Project Schedule
3. Summary of Contract Provisions in DuPage County
4. Executive Order 11246, As Amended
5. HUD Required Forms (Must be completed by firm receiving contract by March 10, 2010
except for the Payrolls and Statement of Compliance for Weekly Certified Payroll)
6. General Wage Decision (will be updated prior to construction start)
7. House Plans (Hard copies available for pickup at contractor’s expense at Quality
Blueprint & Supply (622 St. Charles Road, Carol Stream, IL 60188, 630-510-0606))
8. Sample standard contract
9. Copy of Dodge News ad re: this opportunity
In addition, please note the following:
 The owner reserves the right to waive irregularities and to reject bids.
 Any brand name mentioned below may be substituted with an equal product proven by
the bidder and approved by Habitat. Habitat will give preference, to the extent
practicable and economically feasible, for products and services that conserve natural
resources, protect the environment, and are energy efficient
 Cost plus change orders are not acceptable.
 Work should be completed within timeline outlined in attached project schedule. DuPage
Habitat reserves the right to modify the timeline with notice to contractor.
 All contracts between owner and contractor or between any contractor and subcontractor,
shall include the following language: “Employers shall not discriminate against
employees or applicants for employment on basis of race, color, religion, sex, or national
origin.”
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Selection of Bidders
The above guidelines must be adhered to and the required information must be submitted with
the bid. Bids from debarred, suspended or ineligible contractors or subcontractors will not be
considered. Contracts will be awarded in writing to the lowest qualified bidders meeting
specifications. Reasons for rejection may include the following:
 Insufficient prior related work experience
 Incomplete bid materials
 Poor financial or work references
 Prior unsatisfactory experience with HUD projects; and/or
 Inability to comply with time constraints.
The undersigned is aware that Federal Labor Standards and Prevailing Wage Rates apply
to all work performed on this contract. It is the contractor’s responsibility to comply with
these requirements and to assure compliance by his/her subcontractors and/or any lower
tier subcontracts required by this contract.
_________________________________
Bid Amount
_________________________________
Signature
_________________________________
Printed Name
_________________________________
Company Name
_________________________________
Date
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Exhibit B PIONEER
PRAIRIE SPECIFICATIONS
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