HomeMy WebLinkAbout9.1 Motion to accept lowest cost, responsive bid from Integral Construction for the Village Hall & Public Works Facility Window Replacement Project in an amount not to exceed $805,200.Mr�GauC �'d'+rt;�iect
Subject Motion to accept lowest cost, responsive bid
from Integral Construction for the Village Hall
Public Works Facility Window Replacement
Project in an amount not to exceed $805,200.
Meeting
Fiscal Impact
Dollar Amount
Budget Source
Category
Type
Information
February 21, 2023 - REGULAR MEETING OF THE MOUNT
PROSPECT VILLAGE BOARD -
true
$805,200.00
Capital Improvements Fund
VILLAGE MANAGER'S REPORT
Action Item
One of this year's capital improvements is to remove and replace the windows in both the
Village Hall building and the Public Works facility. The Village Hall windows are original
from 2004. The Public Works facility windows are also original to the building and have
been in service for 36 years.
In both buildings the windows have met their designed life expectancy. Current
functionality, energy efficiency and overall condition of these windows warrant
replacement. More specifically, the windows approved in the Village Hall design were
valued engineered to meet budget constraints and have never functioned effectively in a
commercial space condition. These windows are out of production (and have been for
several years) so parts to repair them are not available. The windows at the Public Works
facility have little or no energy efficiency and therefore dramatically effect temperatures in
office space, particularly in the winter.
On July 19, 2022, the Village Board awarded a contract to Hutchinson Design Group, Ltd to
prepare bid documents, oversee the bidding process and provide construction management
services for the replacement of the Village Hall and Public Works window replacement.
Appropriate bid documents were developed by Hutchinson Design Group. As part
1
of the bid process, a mandatory pre-bid meeting was held on January 24, 2023 at
the Village Hall facility. Hutchinson Design Group was onsite to provide an
overview of the project and to answer questions from the participating bidders in
attendance. Sealed bids were publicly opened at 1:00 p.m. on January 30, 2023.
Three (3) bids were received, and the results are as follows:
Engineers Estimate of Probable Construction Cost: $880,000.
103 f-191 I
Hutchinson Design Group conducted scope review meetings with the three (3)
bidders to verify that the components of the bidding documents were clear,
understood, and included in their bid. Key elements of the project that are
important to the Village were also confirmed (i.e.: window manufacturer type,
color, grain type and schedule compliance, etc.).
Hutchinson Design Group and staff has concluded that Integral Construction Inc.
is well qualified to perform the proposed work at their submitted price.
In addition, staff has contacted all references provided by Integral Construction
receiving positive feedback. Attached is a summary of six (6) references.
Of these, staff finds projects successfully completed at DuPage County, McHenry
County, and Elk Grove Township the most relevant. Notably, the the DuPage
County project involved 200 window replacements. The McHenry County job
2
Village Public
Total
Company
P y
Hall Works
Bid
Base
Base Bid
Amount
Bid
INTEGRAL
$561,000 $171,000
$732,000
CONSTRUCTION,
INC
WARD
CONTRACTING &
$614,500 $156,200
$770,700
BUILDING
RESTORATION
ALL AMERICAN
EXTERIOR
$773,500$171,500
$945,000
SOLUTIONS
Engineers Estimate of Probable Construction Cost: $880,000.
103 f-191 I
Hutchinson Design Group conducted scope review meetings with the three (3)
bidders to verify that the components of the bidding documents were clear,
understood, and included in their bid. Key elements of the project that are
important to the Village were also confirmed (i.e.: window manufacturer type,
color, grain type and schedule compliance, etc.).
Hutchinson Design Group and staff has concluded that Integral Construction Inc.
is well qualified to perform the proposed work at their submitted price.
In addition, staff has contacted all references provided by Integral Construction
receiving positive feedback. Attached is a summary of six (6) references.
Of these, staff finds projects successfully completed at DuPage County, McHenry
County, and Elk Grove Township the most relevant. Notably, the the DuPage
County project involved 200 window replacements. The McHenry County job
2
entailed window replacements, facade improvements, and interior remodeling
work. The Elk Grove Township project was the adaptive re -use of the former Elk
Grove Village Public Works Facility into the the current Elk Grove Township office.
All work was successfully completed and all of the owners indicated they would
hire the firm again.
On January 31, 2023, the Village was contacted by the Indiana, Illinois and Iowa
Foundation for Fair Contracting (III FFC) (see attached correspondence). III FFC is
a labor-management organization whose stated mission is to ensure that
responsible contractors are awarded all public works projects. Staff researched III
FFC and determined that the Executive Director, as well as five out of the ten
Board of Trustees, are members of Operators Union Local 150. The other five
members of the Board are representatives from contractors who utilize organized
labor. Given III FFC's connection to union interests, staff feels it is possible that III
FFC may be motivated by factors other than just wanting to ensure that
responsible contractors are awarded projects.
It is important to note that state law requires contractors working on public works
projects to pay prevailing wage. There is no law mandating that the Village nor its
contractors, utilize organized labor.
Non-union contractors are legally allowed to work on public works projects
provided that they pay prevailing wages. The fact that a contractor is union or
non-union cannot be considered as a criteria for determining if they are qualified.
Following receipt of III FFC's correspondence, staff contacted Integral
Construction and requested that they provide a formal response to the concerns
that were raised. Integral's response is attached for reference.
In addition, staff conducted a face-to-face interview with Integral principals
regarding the III FFC correspondence. Staff also discussed the firm's approach to
the work, financial stability, and resources to be utilized on this project.
In summary, the Integral principals report that III FFC's interest in their bidding is
systemic. The organization comments on many of their publicly bid projects and
has done so for the past few years. The Integral principals believe the discourse
with III FFC began when the firm utilized a non-union landscaper in 2019/2020.
There is no plan to utilize the landscaper on this project.
In addition, the Integral principals shared that they will utilize full-time
professional carpenters employed by a single sub -contractor, Corliss -Williams.
These carpenters are paid prevailing wages and are unionized. Corliss -Williams is
wholly-owned by family members of the Integral principals. Therefore, staff does
KI
not anticipate sub -contractor availability or sub -contractor scheduling difficulties
on this project.
Staff has concluded that many of the issues raised in the III FFC transmittal are
not germane to this project because they reference work substantially different in
scope, scale, and complexity.
Additionally, staff finds that missed project deadlines during the pandemic years
(2020 - 2022) are no longer salient performance indicators. In short, everyone is
behind. Most contractors, suppliers, owners, consultants, regulators, and
permitting agencies have been slowed considerably due to labor and material
availability in recent years.
In staff's opinion, the most significant issue raised by III FFC was the Occupational
Safety and Health Administration (OSHA) violation. The 2019 OSHA violation was
resolved quickly and resulted in only a minor fine. Most importantly, Integral has
had no further OSHA violations.
Staff has concluded that Integral has appropriate experience and resources to
successfully complete this project.
It is recommended that a 10% contingency be included in the project award to
allow for variances and unanticipated conflicts. For this project, a 10%
contingency added to the lowest base bid would result in a total contract award of
$805,200. (Base Bid: $732,000 + Contingency: $73,200 = Total Recommended
Award: $805,200).
Alternatives
1. Accept the lowest cost, responsive bid to construct the Village Hall & Public
Works Facility Window Replacement Project.
2. Action at the discretion of the Village Board.
Staff Recommendation
Staff recommends that the Village Board accept the bid from Integral Construction
for the Village Hall and Public Works Window replacement for a not to exceed
amount of $805,200.
ATTACHMENTS:
VH PW Window Replacement Bid Form.pdf
2022-061 Letter of Recommendation. pdf
4
Bid_Tab. pdf
IIIFFC Correspondence (Integral Response).pdf
Refernces Integral (003).pdf
= '
"Village Hall & Public Works Exterior Window Replacement Project"
Village of Mount Prospect
Department of Public Works
FROM : Integral Construction Inc.
320 Rocbaar Drive, Romeoville. II_ 60446
(hereinafter called "Bidder")
TO: Office of the Village Manager, 3rd Floor
50 South Emerson Street
Mount Prospect, Illinois 60056
(hereinafter called "Village" or "Village of Mount Prospect")
Village Hall & Public Works Exterior Window Replacement Project
The bidders have familiarized themselves with the services to be performed and probable
work conditions required under this Bid affecting the cost of the performance of the
required services and with the Bid Documents which include:
Notice to Bidders
Table of Contents
Instructions for Bidders
General Conditions and Special Provisions
Specifications
Bid Form
Affidavit — Bid Certification Form
Bid Security
Bid Sheet — G ie
Contract Document
Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel,
labor, materials, tools, equipment, and services (including all utility and transportation
services) required to perform the required services, all in accordance with the above listed
documents.
Bidder agrees to perform all of the required services and provide the equipment and
materials described in the Bid Documents, as follows:
Bidder has bid on all items and has provided a price for all requested services. The
Bidder acknowledges it understands all the requested services for which it has submitted
a bid.
The Bidder will complete and provide all labor, equipment, materials and mobilization (if
applicable) to perform the required services as incidental to the fixed item price for each
item proposed.
Village Hall & Public Works Exterior Window Replacement Project 6
21
In submitting this bid, the Bidder understands that the Village reserves the right to add to
or subtract from the estimated quantities.
The Village intends to award one (1) contract (if at all) for the items bid. If written notice
of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time
before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the
prescribed form and furnish payrpent and performance bonds, or letter of credit, and the
insurance certificates required by the Bid Documents to the Village within ten (10)
business days after receipt.
The Bidder, and as successful bidder/contractor upon award of the contract, understands
and agrees to the following:
1) The contractor agrees to provide all required services and items and material to the
Village as noted in the Bid Documents and comply with the requirements of the Bid
Documents.
2) The contractor agrees to comply with all applicable federal and state laws, rules and
regulations, and county and municipal ordinances, as described in the General
Conditions.
All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces
provided below:
Addendum
No.
hJ1
Addendum Date I Acknowledgement by Bidder or Authorized I Date
Representative µw µ Acknowledged
1/25/2023 1/25/2023
1/27/2023, 1/27/2023
Failure to acknowledge receipt, as provided above, may be considered sufficient grounds
for disqualification of the bidder and rejection of his/her bid submittal. A record of all
Addenda and copies of same will be available to all qualified bidders from the Village of
Mount Prospect Public Works Department, 1700 West Central Road, Mount Prospect,
Illinois two (2) days prior to the letting. It shall be the Bidder's responsibility to become
fully advised of all Addenda prior to submitting its bid.
Upon award of the contract, the Village will send Notice of Award to the successful Bidder,
the Bidder must then execute the contract and provide the required bonds or letter of
credit and certificate of insurance to the Village within ten (10) business days. The Village
will then issue a written Notice to Proceed. Failure to complete the work in the designated
time frame may result in the Director of Public Works withholding compensation due the
contractor for failure to complete the said work in the designated time frame, calling the
bonds, or taking such other action as may be available.
Security in the sum of ten (10%) percent of the amount bid in form of (check one):
Bid Bond Certified Check Bank Cashier's Check
is attached hereto in accordance with the "Instructions for Bidders".
This Bid Submittal contains the following:
1) Bid Form
Village Hall & Public Works Exterior Window Replacement'Project 7
22
2) Affidavit — Bid Certification Form
3) Bid Security
4) BID SHEET(S) — "Village Hall & Public Works Exterior Window Replacement
Project"
Respectfully submitted;
Name of Firm/Bidder„
Title:
Date: 1/30/3023
Contact Information:
Construction Inc.
(Signature)
Official Address: 320 Rocbaar Dr.
Romeoville, IL 60446
Telephone; 844-317-7403
Email; cosnski@buildintegral.com
ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEETS (Pages 21-30) ALONG WITH THE
AFFIDAVIT — BID CERTIFCATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED
MARKED ENVELOPE.
Village Hall & Public Works Exterior Window Replacement Project 8
23
AFFIDAVIT BID CERTIFICATION FORM
Bidder:
Company/Firm Name: Integral Construction Inc.
Address: 320 Rocbaar Dr. Romeoville, IL 60446
As a condition of entering into a contract with the Village of Mount Prospect, and under
oath and penalty of perjury and possible termination of contract rights and debarment, the
undersigned, Christo her Qsinslci , being first duly sworn on oath, deposes
and states that he or she is Principal _ (sole owner,
partner, joint ventured, President Secretary, etc.) of
Integral Construction Inc. and has the authority to make all
(Name of Company)
certifications required by this affidavit.
Section I Non -Collusion
The undersigned certifies that this bid is genuine and not collusive or a sham, that said
bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any
bidder or person, to put in a sham bid or to refrain from bidding, and has not in any
manner, directly or indirectly, sought by agreement or collusion, or communication or
conference with any person, to fix the bid price element of this bid, or of that of any other
bidder, or to secure any advantage against any other bidder or any person interested in
the proposed contract.
EME-111111
The undersigned further states that Integral Construction Inc.
(Name of Company)
is not barred from bidding or contracting as a result of a conviction for violations of state
laws prohibiting bid rigging or bid rotating or any similar offense of any state of the United
States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILCS
5/33E-3, 33E-4.
Section III Drua Free, Workplace
The undersigned further states that _ Integral Construction Inc.
(Name of Company)
provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS 580/1,
et seq., and has, to the extent not covered by a collective bargaining agreement that deals
with the subject of the Substance Abuse Prevention in Public Works Projects Act, 820
ILCS 265/1 et seq., a substance abuse prevention program that meets or exceeds these
requirements of that Act.
Section IV Tax Pa ent
The undersigned further states that Inte ral Construction Inc. is
(Name of Company)
Village Hall & Public Works Exterior Window Replacement Project 9
24
not delinquent in payment of any taxes to the Illinois Department of Revenue, in
accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned
understands that making a false statement regarding delinquency in taxes is a Class A
Misdemeanor and, in addition, voids the contract and allows the municipality to recover
all amounts paid to the individual or entity under the contract in civil action.
Section V Sexual Harassment 'Polio
Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A),
every party to a public contract must:
"Have written sexual harassment policies that shall include, at a minimum, the following
information: (1) the illegality of sexual harassment; (II) the definition of sexual harassment
under State law; (III) a description of sexual harassment, utilizing examples; (IV) the
vendor's internal complaint process including penalties; (V) the legal recourse,
investigative and complaint process available through the Department (of Human Rights)
and the Commission (Human Rights Commission); (VI) directions on how to contact the
Department and Commission; and (VII) protection against retaliation as provided by
Section 6-101 of the Act. (Illinois Human Rights Act)."
A "public contract" includes: ...every contract to which the State, any of its political
subdivisions or any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002),
The undersigned further states that Integral Construction Inc. _ has
(Name of Company)
a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A)
(4).
It is expressly understood the foregoing statements and representations and promises
are made as a condition to the right of the bidder to receive payment under any award
made under the terms and provisions of this bid.
The undersigned certifies that all information contained in this Affidavit is true and correct.
Signed by: ` " "' Title. Princi al
Signature
Name Printed: Christopher Osinski
Signed and sworn to before me this 30th day of January , 2023.
My commission expires:
0
Notary Public
Lis C MI�1E'F� I
OFFICIAL SEAL
Notary Publdc, State of lifinob
MY COMMI SIOn Expires
March 34, 2028
Village Hall & Public Works Exterior Window Replacement Project 10
25
VILLAGE HALL & PUBLIC WORKS EXTERIOR WINDOW REPLACEMENT
PROJECT
The undersigned herewith submits a bid on Village Hall & Public Works Exterior Window
Replacement Project in accordance with the attached documents. All bids are to be
delivered to the office of the Village Manager at 50 South Emerson Street 3rd Floor, Mount
Prospect, Illinois, 60056, prior to 1:00p.m. on Monday, January 30, 2023.
SCHEDULE OF PRICES
We will perform the services as outlined Village Hall & Public Works Exterior
Window Replacement Project for sums as follows:
We will perform the service as outlined on the Task Schedule sheets for sums as
follows:
A. General: We are the Contractor having familiarized ourselves with local conditions
affecting the Work and with the proposed Contract Documents on file at the office
of the Architect, hereby propose to perform everything required and to provide all
labor, materials, necessary equipment, and utilities, transportation, and services
necessary to perform and complete in a workmanlike manner all items required
to complete the Work indicated in the Bidding Documents for the Window
Removal and Replacement Work at Village Hall and Public Works Building
all in accordance with the Drawings and Specifications (Project Manual) prepared
by the Architect, Hutchinson Design Group, Ltd., including Addenda 1 and 2,
issued thereto for the sum of:
B. Base Bid:
1. Window Remove and Replacement at the Village Hall: Base Bid for the Work, which
includes all work specified and required by the proposed Contract Documents for all
windows:
Five hundred and sixty-one thousand and 00/100 Dollars $561,000.00
2. Glass Removal and Replacement Work at the Public Works Building, which includes all
work specified and required by the proposed Contract Documents: :
One hundred and seventy-one thousand and 00/100
Dollars $ 171,000.00
Total Base Bid (Sum 1 and 2): Seven hundred and Dollars $ 732,000.00
thirty-two thousand
and 00/100
Village Hall & Public Works Exterior Window Rep1iloement Project 11
27
C. Unit Prices: Should additional work of the following categories be required, adjustments shall be
made to the Contract Sum at the following Unit Prices (Section 012200), which shall include all
expenses, including overhead and profit.
1. Remove and Replace Existing Wood Blocking with New Wood Blocking.
a. 2 x 4 $.................................................................................................... $ 8.00 LF
b. 2 x 6 $.........................................a,..,......,.,,,.,.,,..,.,.,..,.....,.,........,,........., $ 10.00 LF
c. 2 x 8 $.......................................... ................ ....... .......... _.............. .,..,... $ -.�Q - LF
2. Remove and replace existing roof decking
a. 1/2" Plywood ................................ $ 200.00 SF
3. Power washing and cleaning of the existing limestone to renew the original surface color -
PerSquare....................................................................................................... $ 3.00 E-A SF
4. Limestone coping joint restoration-. ... .......... $ 300.00 EA
5. Remove and replace brick:
a, Each $, 200.00
b. Per square foot..........., $ 50536-
C.
.c. Per 100 square feet.___ ,,,,,,,,, ... ......... ,, ..,.......,.,.,. $ -
6. 100% repointing and two coats of masonry seal,,,,,,,, .................................... $ 50.00 SF
7. Control joint restoration „ $ 50.00 LF
8. Through wall flashing installation- ,o..............................................................
$ 350.00 LF
9. Labor:
a. Tuck -pointing Superintendent.............................a„.,......,,,,............$
135.00
per hour
b. Journeyman Tuck -pointer ........ ............ u,,........,....,,.,,..,,,,, .............$
120.00
per hour
c. Apprentice Tuck-pointer...........................................................m,...,$
110.00
per hour
d. Masonry Superintendent__ .... ...... ........
135.00
per hour
e, Journeyman Mason........................................................................$
125.00
per hour
f. Apprentice Mason..........................................................................$
110.00
per hour
g. Glazing Superintendent- .....................................................$
130.00
per hour
h. Journeyman Glazer .......................................................................$
120.00
per hour
i. Apprentice Glazer ..........................................................................$
110.00
per hour
j. Carpenter Superintendent____ ...
130.00
per hour
k. Journeyman Carpenter ............................................. ....................$
115.00
per hour
I. Apprentice Carpenter ...................................................................$
105.00
per hour
Submitted this 30thday of anus 2023.
Mark outside of envelope: " Village Hall & Public Works Exterior Window
Replacement Project" and deliver to the Village Manager's office at 50 South
Village Hall & Public Works Exterior Window Replacement Project 12
28
Emerson Street 3rd Floor, Mount Prospect, Illinois, 60056, by 1:00 p.m., Monday,
January 30, 2023.
Integral Construction Inc.
Name of Company/Firm
320 Rocbaar Dr. Romeoville, IL 60446
Address of Company/Firm
By -
Phone: 844-317-7403
Date submitted: January 30 2Q23
Also note any exceptions to the specifications.
None
COMPANY
320 Rocbaar Dr.
ADDRESS
OWNER
Romeoville, IL 60446 844-317-7403
CITY, STATE, ZIP PHONE #
G January 30 2023
SIGNATURE DATE
Note: All bids to remain firm for thirty (90) days. Be sure to mark the outside of
the envelope, "Sealed Bid for Village Hall & Public Works Exterior Window
Replacement Project
Village Hall & Public Works Exterior Window Replacement Project 13
29
EXHIBIT B
VILLAGE OF MOUNT PROSPECT
V tlage Hall & Public Works Exterior Window Replacement Proiect
THIS AGREEMENT (hereinafter the "Contract") is entered into by and between the
Village of Mount Prospect, an Illinois home rule municipality (hereinafter the "Village"),
and Integral Construction Inc an Corvoration located at
Romeoville _ _ a Illinois, (hereinafter the "Contractor").
GENERAL As stated in the bid document.
2. SPECIFICATIONS As stated in the bid document.
3. CONTRACTOR RESPONSIBILITY FOR PROPERTY/HOLD HARMLESS
Contractor agrees to defend and hold harmless the Village from and against all
demands, claims, suits, costs, expenses, damages and adjustments based upon
any infringement of any patent relating to goods specified in the contract, and on
account of the Village's use of any copyrighted or uncopyrighted, composition,
trade secrets, secret process, proprietary rights, patented of unpatented invention,
article or appliance furnished or used under the proposal Specifications.
4. ADHERENCE TO LAWS
Employees and agents of Contractor shall obey all federal, state, county and
municipal laws and ordinances during the execution of their duties under this
Contract. The existence of this Contract does not exempt such individuals from
compliance with such laws or ordinances, nor does it convey any special rights or
privileges upon those individuals.
Contractor shall meet all applicable licensing requirements of the Village.
In addition, Contractor is required to comply with all federal, state, county and
municipal laws and ordinances, including the following:
a. Provide a drug free workplace pursuant to the Illinois Drug Free Workplace
Act (30 1l -CS 580/1, et seq.);
b. Comply with the Illinois Public Works Employment Discrimination Act (775
ILCS 10/1 et, .),
C. Comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et
seg.), and the Rules andAegulations of the Illinois Department of Human
Rights, including establish,rnent and maintenance of a sexual: harassment
policy as required by Section 2-105 of that Article and Act;
d. Comply with the Americans with Disabilities Act; and
e. Comply with the provisions of the EQUAL EMPLOYMENT OPPORTUNITY
CLAUSE required 6y,the Illinois Department of Human Rights as a material
term of all public contracts, which states as follows:
Village Hall & Public Works Exterior Window Replacement Project 14
so
Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code,
Equal Employment Opportunity Clause
EQUAL EMPLOYMENT OPPORTUNITY
In the event of contractor's non-compliance with the provisions of this Equal
Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and
Regulations of the Illinois Department of Human Rights ("Department"), contractor
may be declared ineligible for future contracts or subcontracts with the State of
Illinois or any of its political subdivisions or municipal corporations, and the contract
may be cancelled or voided in whole or in part, and such other sanctions or
penalties may be imposed or remedies invoked as provided by statute or
regulation. During the performance of this contract, the contractor agrees as
follows:
1) That it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status, national origin or
ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable
discharge from military service; and further that it will examine all job classifications
to determine if minority persons or women are underutilized and will take
appropriate affirmative action to rectify any such underutilization.
2) That, if it hires additional employees in order to perform this contract or any
portion thereof, it will determine the availability (in accordance with the
Department's Rules) of minorities and women in the area(s) from which it may
reasonably recruit and it will hire for each job classification for which employees
are hired in such a way that minorities and women are not underutilized.
3) That, in all solicitations or advertisements for employees placed by it or on
its behalf, it will state that all applicants will be afforded equal opportunity without
discrimination because of race, color, religion, sex, marital status, national origin
or ancestry, age, physical or mental handicap unrelated to ability, or an
unfavorable discharge from military service.
4) That it will send to each labor organization or representative of workers
with which it has or is bound by a collective bargaining or other agreement or
understanding, a notice advising, such labor organization or representative of the
contractor's obligations under the Illinois Human Rights Act and the Department's
Rules. If any such labor organization or representative fails or refuses to
cooperate with the contractor il"l its efforts to comply with such Act and Rules, the
contractor will promptly so notify the Department and the contracting agency and
will recruit employees from .other sources when necessary to fulfill its obligations
thereunder.
5) That it will submit reports wrequired by the Department's Rules, furnish
all relevant information as may from time to time be requested by the Department
or the contracting agency, and in all respects comply with the Illinois Human Rights
Act and the Department's Rylps.
Village Hall & Public Works E rior Window Replacement Project 1
31 5
6) That it will permit access to all relevant books, records, accounts and work
sites by personnel of the contracting agency and the Department for purposes of
investigation to ascertain compliance with the Illinois Human Rights Act and the
Department's Rules.
7) That it will include verbatim or by reference the provisions of this clause in
every subcontract it awards under which any portion of the contract obligations are
undertaken or assumed, so that such provisions will be binding upon such
subcontractor. In the same manner as with other provisions of this contract, the
contractor will be liable for compliance with applicable provisions of this clause by
such subcontractors; and further it will promptly notify the contracting agency and
the Department in the event any subcontractor fails or refuses to comply
therewith. In addition, the contractor will not utilize any subcontractor declared by
the Illinois Human Rights Commission to be ineligible for contracts or subcontracts
with the State of Illinois or any of its political subdivisions or municipal corporations.
With respect to the two types of subcontracts referred to under paragraph 7 of the
Equal Employment Opportunity Clause above, following is an excerpt of Section
750.30 of the Department of Human Right's Rules and Regulations for Public
Contracts:
Title 44, Part 760, Section 760.30, Illinois Administrative Code, Subcontracts
Each public contractor and subcontractor shall in turn include the Equal
Employment Opportunity Clause set forth in Appendix A of this Part in each of its
subcontracts under which any portion of the contract obligations are undertaken or
assumed, said inclusion to be either verbatim or by reference so that the provisions
of the clause will be binding upon such subcontractors.
5. FEE SCHEDULE
The charges to be assessed by Contractor under this Contract are set forth in the
fee schedule contained in Exhibit A.
6. LOG BOOK RECORDS & REPORTS REQUIRED
The Contractor shall provide the Village with a written status report on its provision
of services required by the Contract. This report shall be due before the tenth day
of the following month.
7. METHODS OF PAYMENT
Payment under the Contract will be made in accordance with the Illinois Local
Government Prompt Payment Act, 50 ILCS 505/1 et seq.
8. HOLD HARMLESS AGREEMENT CONTRACTUAL LIABILITY
Contractor assumes full responsibility for the acts and omissions of its employees
and agents while engaged in performing services under the Contract. Contractor
agrees, to the greatest extent permitted by Illinois law, to protect, indemnify, save
and hold forever harmless the Village, its officers, appointed and elected officials,
Mayor and Board of Trustees, employees, volunteers, attorneys and agents from
and against any and all liabilities, obligations, claims, losses, damages, penalties,
and costs and expenses resulting from any suit, claim, demand, judgment, or
cause of action initiated by any person, including Contractor and its officers,
Village Hall & Public Works Exterior Window Replacement Project
32
16
officials, employees, subcontractors, volunteers and agents, arising out of,
connected with, or in any way associated with the performance of services covered
by this Contract or the equipment used in connection therewith.
9. CONTRACTOR'S LIABILITY INSURANCE
Contractor shall not commence with the performance of services under this
Contract until it has obtained all insurance required hereunder and such insurance
has been approved by the Village. Certificates of such insurance shall be filed with
the Village prior to commencing work. Additionally, Contractor will provide the
Village with a letter from the insurance carrier that the Village will be notified within
thirty (30) days of the pending cancellation of any policy relating to this Contract.
Each insurance company shall be subject to approval by the Village, and the
respective policies shall name the Village as an additional named insured.
Approval of the insurance by the Village shall not relieve or decrease the liability
of Contractor hereunder. Such insurance is primary and in no event will be
considered contributory to any insurance purchased by the Village. Such
insurance will not be canceled, reduced, or materially changed without providing
the Village thirty (30) days advance written notice, via certified mail.
Contractor shall maintain all insurance required under subsections a through h of
this Section for not less than one (1) year after completion of this contract.
10. CONTRACT TERMINATION
The Village and Contractor reserve the right to terminate the Contract at any time
upon ten (10) days advance written notice to the other party. In addition to the
provisions set forth in Section General conditions (A,6) for immediate termination,
failure of Contractor to perform any aspect of this Contract properly and/or to
provide proper treatment to the general public, in the sole discretion of the Village,
is cause for immediate termination of the Contract without prior notice.
11. LENGTH OF CONTRACT
This Contract shall be in effect once board approved, and shall remain in effect
until December 31, 2023, unless terminated by either party under the conditions
specified in Section 10, Contract Termination.
12. COMPLIANCE WITH FREEDOM OF INFORMATION ACT REQUEST
The Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq., applies to
public records in the possession of a party with whom the Village has contracted.
The Village will have only a very short period of time from receipt of a FOIA request
to comply with the request, and there is a significant amount of work required to
process a request including collating and reviewing the information.
Contractor acknowledges the requirements of FOIA and agrees to comply with all
requests made by the Village for public records (as that term is defined by Section
2(c) of FOIA) in its possession and to provide the requested public records to the
Village within two (2) business days of the request being made by the Village.
Contractor agrees to indemnify and hold harmless the Village from all claims,
costs, penalty, losses and injuries (including but not limited to, attorney's fees,
other professional fees, court costs and/or arbitration or other dispute resolution
Village Hall & Public Works Exterior Window Replacement Project 17
33
costs) arising out of or relating to its failure to provide the public records to the
Village under this Contract.
13. Contractor shall not assign this Contract or any part thereof without the prior written
consent of the Village. Approval, if any, for such assignment shall be made by the
Corporate Authorities of the Village. This Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective assigns, legal
representatives and successors in interest.
14. GOVERNING LAW
This Contract shall be governed by and construed in accordance with the laws of
the State of Illinois and applicable federal law. Venue shall only be proper in a
court of competent jurisdiction located within the County of Cook, Illinois.
15. SEVERABILITY
The invalidity or unenforceability of one or more of the terms or provisions
contained in this Contract shall not affect the validity or enforceability of the
remaining terms and provisions of this Contract so long as the material purposes
of this contract can be determined and effectuated.
16. INTERPRETATION
Any headings of the Contract are for convenience of reference only and do not
define or limit the provisions thereof. Words of gender shall be deemed and
construed to include correlative words of other genders. Words importing the
singular shall include the plural and vice versa, unless the context shall otherwise
indicate. All references to any person or entity shall be deemed to include any
person or entity succeeding to the rights, duties and obligations of such person or
entity succeeding to the rights, duties and obligations of such person or entity in
accordance with the terms and conditions of the Contract.
17. WAIVER OF BREACH
If either party waives a breach of any provision of this Contract by the other party,
that waiver will not operate or be construed as a waiver of any subsequent breach
by either party or prevent either party from enforcing such provisions.
18. MERGER -AMENDMENT
This Contract sets forth the entire understanding of the parties relative to the
subject hereof and supersedes any and all prior agreements, express or implied,
oral or Written. No amendment or modification of this Contract shall be effective
unless reduced to writing and executed by the parties.
19. COUNTERPARTS
This C.Ontract may be executed in several counterparts each of which shall be an
original,and all of which shall constitute but one and the same instrument.
20. EFFECTIVE DATE
The Effective Date of this Contract shall be the date executed by the Village Mayor,
and attested by the Village Clerk.
In Witness thereof. the said parties have executed and signed this contract
Village Hall & Public Works Exterior Window Replacement Project 18
34
on , 2023.
AD
Attest:
Karen Ago"ran os, Village Clerk
VILLAGE OF MOUNT PROSPECT, an
Illinois Municipal Corporation
Corporate Name: Integral Construction Inc.
BY°
its
President / Principal
Attest:
Se tary,�M����
(Corporate Seal) *�����'�"pss�"�
,,
'Cr; ,
Village Hall & Public Works Exterior Window Replacement Project � 9
'i5
o,
• Hutchinson Design Group, Ltd. 232 E. Main Street
RoofPoint"" Excellence inDesign Award Recipient Barrinc,Pn, Illinois 60010
January 31, 2023
Mr. Scott Moe
Superintendent of Streets/Buildings
Village of Mount Prospect
Department of Public Works
1700 West. Central Road
Mount Prospect, IL 60056-2229
Re: Village Hall & Public Works
Exterior Window Replacement
HDG Architect Project No. 2022-061
Dear Mr. Moe:
847.756.4450v i1i.ilchrsoi)Desictr7
847.756.445'1 't Gl-OLu r.ccrrn
Via Email: smoe@mountprospect.org
I have reviewed the bids received on Monday, January 30, 2023, for the Exterior Window
Replacement at the Village Hall and Public Works buildings and have found that all have
been properly submitted in accordance with the Instruction to Bidders. There were seven
bidders of record, of which three submitted bids.
The apparent low overall qualified bid of $732,000.00 (Village Hall - $561,000.00 and
Public Works - $171,000.00) was submitted by Integral Construction, Inc., of Romeoville,
and is below the project budget estimate. We have reviewed the bid with Integral
Construction, Inc., and confirmed that it is inclusive of all required work.
We recommend that Village of Mount Prospect consider awarding a contract to Integral
Construction, Inc., in the amount of their Base Bid of $732,000.00
Sincerely,
Thomas W. Hutchinson, AIA, CSI, Fellow-IIBEC, RRC
Principal, Hutchinson Design Group, Ltd.
Enclosure: Bid Tabulation Form
20
�i�bo�
Hutchinson Design Group, Ltd. 232 E. Main Street 847.756.4450 v HutchinsonDesign
Barrington, Illinois 60010 847.756.4451 f Groug.corn
BID TAB
Mt. Prospect Village Hall & Public Works Exterior Window Replacement
Project No. 2022-061
January 30, 2023 - 1:00 p.m.
ADDENDA BASE BID BASE BID TOTAL
BIDDER BID BOND 1 2 VILLAGE HALL PUBLIC WORKS
All American Exterior Solutions
150 Oakwood Road X X X $773,500.00 $171,500.00 $945,000.00
Lake Zurich, IL 60047
Boller Construction
3045 West Washington Street
No Bid
No Bid
Waukegan, IL 60085
Bulley & Andrews
1755 West Armitage Avenue
No Bid
No Bid
Chicago, IL 60622
Illinois Architectural Glass & Aluminum
28457 North Ballard Drive, Unit D
No Bid
No Bid
Lake Forest, IL 60045
Integral Construction, Inc.
320 Rocbaar Drive
X
X
X
$561,000.00
$171,000.00
$732,000.00
Romeoville, IL 60446
Tiles in Style
16940 Vincennes Avenue
No Bid
No Bid
South Holland, IL 60473
Ward Contracting & Building Restoration
5117 Dansher Road
X
X
X
$614,500.00
$156,200.00
$770,700.00
Countryside, IL 60525
21
Hutchinson Design Group, Ltd. 232 E. Main Street 847.756.4450v HutchinsonDesign
Barrington, Illinois 60010 847.756.4451 f Group.com
N
N
BID TAB
Mt. Prospect
Village
Hall & Public
Works Exterior Window Replacement
Project No. 2022-061
January 30,
2023 - 1:00 p.m.
All American Exterior Solutions
150 Oakwood Road
Lake Zurich, IL 60047
Boller Construction
r
3045 West Washington Street
Waukegan, IL 60085
Bulley & Andrews
1755 West Armitage Avenue
Chicago, IL 60622
s
Illinois Architectural Glass & Aluminum
28457 North Ballard Drive, Unit D
Lake Forest, IL 60045
Integral Construction, Inc.
320 RocbaarDrive�
l
l
Romeoville, IL 60446
Tiles in Style
16940 Vincennes Avenue
South Holland, IL 60473
Ward Contracting & Building Restoration
, (/�
7-690C
5117 Dansher Road
l
Countryside, IL 60525 -4-
3
N
N
---------- Forwarded message ---------
From: Michael Lingl <mlingl@iiiffc.org>
Date: Tue, Jan 31, 2023 at 3:56 PM
Subject:
To:
To Whom it May Concern:
The Indiana, Illinois, and Iowa Foundation for Fair Contracting ("III FFC") is a non -for-profit labor-
management organization, established to support, promote, and encourage fair contracting. The III FFC
provides a "level playing field" in the public construction arena for both contractors and workers. One of the
responsibilities of the III FFC is to monitor "public work" bid openings in which contractors are bidding on
projects that are subject to both state and federal laws. The mission of the III FFC is to ensure that responsible
contractors are awarded all public work projects.
It has come to the attention of the III FFC that the apparent low bidder for the [Insert Project] bid is Integral
Construction, Inc. from Romeoville, IL. The III FFC would like to provide the attached information for the
Board to review in determining the "lowest responsive and/or responsible bidder."
Attached are the most recent documents for your review:
1. Tab A Contractual Violations:
1. 8/30/22 Liquidated Damages: New Lenox Community Park District charged
Integral Construction, Inc. $7,500.00 in liquidated damages after the substantial
completion and final completion dates had not been met.
[N( CJIDATFD DAMAGES. This prgject was bid to be started in May
2021 and completed in September 2021, We ended up commencing
construction in June of 2021 due to the historically wet Spring 2021, and still
were in the midst of the Covid-19 pandemic significantly impacting project
startups. We experienced typical additional delay due to permitting and Owner
furnished materials during the current market conditions. There was also
existing condition related issues where topsoil was found at depths of 24" plus
over the majority of the 2.5 acre site, which was expected per design to be
closer to 6 This resulted in significant design adjustments and additional
work to eliminate excessive earthwork hauling/import. These factors ultimately
caused the contract to require extension to May 31sr 2022 as weather sensitive 23
items were not completed within temperature thresholds by October 2021 such
as landscaping, color coating, and asphalt surface course. Punclist was issued
at the beginning of June 2022 and substantially completed throughout June
with the park's grand opening to the public occurring on July 1", 2022. The
$7,500 charge that was subsequently issued then in July 2022 is the Architect's
calculations for their additional services required for the month of June 2022,
as they felt that was above and beyond the contract extension. The reality is we
were completing punchlist during this month and there was no need for
meetings or additional trips until we notified the Architect that punchlist was
complete and ready for inspection. The client simply passed their invoice along
to us, but this is being highly contested currently with the Owner, especially
considering we completed all of the aforementioned additional work without
any added costs to the contract. ...when they were certainly justified due to the
significant difference in the existing conditions encountered.]
2. 3/23/22 Terminated Contract and Liquidated Daman: Park District of Franklin
Park assessed $37,500 in liquidated damages for being 75 days behind schedule.
1. "You are hereby notified that the Park District of Franklin Park is
terminating its contract with Integral Construction, Inc. for the Hawthorne,
Timber, and Little Pearl Parks"
2. "Integral Construction, Inc. will be excluded from the site, the Park
District will take possession of all materials, equipment, and tools, accept
assignment of all subcontracts for the work pursuant to Section 5.4 of the
AIA A 101-2017, and finish the work by whatever means the Park
District deems expedient."
[The reality of this matter is the contractual violation actually lies with the
Owner themselves. To provide background to this project, it bid on 2/9/21 with
a scheduled construction start of 4/15/21 and completion target of 7/28/21. The
Owner within the bid documents was scheduled to perform the park demolition
with their own forces, and we were to commence construction in April 2021
upon completion of their work. Ione of this occurred as the Owner proceeded
with demolition via a single man and machine that took months to complete
due to their own inefficiencies and unforeseen underground conditions that
were encountered, We began the project in earnest in late April 2021 to
perform what demo and earthwork activity and underground utility work that
we could, however the building permit and MWRD permit were not ready for
us to continue with any work, as we couldn't call in the required inspections for
the next steps on the project without them, and therefore had to demobilize
until we had authorization to perform,
In the very documentation they provide via FOIA request to the IllFFC which
is marked "confidential" that we never received, they document the (44) day
permitting delay. They state that we worked selectively in that period, which is
true as we completed as much as was possible until we could go no further
without permit. Unfortunately when you delay a project by almost two months
in the Spring, it pushed us into a June 2021 start essentially, and we lost several
Of our subcontractors to summer school season work, as they had to go and
tend to contract commitments that were scheduled for sura er construction and
started on time.
24
The primary contractor we lost that impacted our summer production was the
concrete contractor, and the Owner was aware of this as it was documented
throughout the summer. In the height of Covid related manpower and material
shortages, this was less than ideal and finding a contractor that had schedule
availability and equivalent pricing proved to be difficult. Again, this delay and
resulting effects had nothing to do with Integral or Our performance on the
project.
Nonetheless, we pushed through and substantially completed the project in Fall
2021, and were down to punchlist and some weather related scope that couldn't
complete before temperatures prohibited us, meaning that work was scheduled
for Spring 2022. The work included concrete stain, recaulking of sidewalk
joints, landscape plantings, relocation of the drinking fountain due to design
error, etc. There was a walkthrough held in February 2022 to update the
punchlist and create the final task list for Spring when appropriate weather and
temperature thresholds were met. However the Owner began pushing for
completion dates shortly thereafter in February, to which we responded those
could not be provided as we weren't sure when the weather would be agreeable
for the remaining work, beyond late March or April,
The eventual response to that was the 3/23/22 letter which threatened contract
termination. How it escalated to this we don't understand, as everyone was on
the same page with the completion plana month or so prior, and no work could
physically be performed in the current weather conditions. However, to avoid
such actions we mobilized to the site within (36) hours of receiving this letter
to show we were actively working on anything that we could, and worked
along side the Superintendent of Parks the entire morning of 3/25/22, until we
were hastily removed from the site by the Franklin Park police the afternoon of
3/25/22 per the Park District's urging, This is in direct conflict of their very
own letter sent on 3/23/22 that states we had (7) days to cure. We had no
choice but to comply and essentially were removed from the site that afternoon
for good.
Important to note that the Owner was two draw payments behind dating back to
October and November 2021 work periods at the time of this event in March
2022, but we still were onsite trying to complete the project. As soon as it was
realized they clearly did not want to live up to contract terms and pay for
completed work, we engaged our legal counsel to demand payment and
respond to this breach of contract that had occurred. The project itself has a
total contract value of $483,000 and spread over three neighborhood park sites,
In March of 2022 we had outstanding, previously Architect approved and
Board approved (per public meeting minutes) draw payments of $186,000, or
nearly 40% of a substantially completed project. Clearly the Owner was
withholding payment intentionally to be hurtful towards the contractor and in
violation of the Illinois Prompt Payment Act.
On 4/19/22 our legal counsel issued a notice to the Park, District stating their
breach of contract, cause of delay, and proposing a settlement of the final
balance on the project (see attached letter). We acknowledged there were some
actual costs involved with the remaining Spring 2022 punchlist which
amounted to —$ 10,000, so the settlement we proposed reflected that. The Park
25
District disagreed with that total however and instead issued us a partial
payment with a credit summary totaling to $84,000. We reluctantly accepted it
as it reflected work completed back in 2021 and was better than nothing,
however both attorneys agreed that acceptance of the check was neither party
waiving their rights to further discuss the remaining balance. Upon issuance of
this check, we were provided with their credit Summary totaling to the $84,000,
and not only did it include work we had completed per design that they were
now going to change and backcharge us for, but also listed the liquidated
damages in the amount of $37,500, which was obviously the largest portion of
these withheld funds. This is the very first mention or even threat of
lit�uidated darnaes on this entire project, as everyone knew and
understood the re was
never one discussion to the contrarya
Our attorney was in contact with the Park District's counsel throughout this
past summer and it appears they have no intent to settle the Outstanding
balance, despite our rebuttal of their credit summary. Therefore, our attorney
filed suit to force that discussion as we were informed they don't intend to pay
anything further without court order, which can also be provided upon request.
This matter is very black and white, there was some punchlist work remaining
and there is a value for that work that needs to be agreed to and credited, due to
their contractual breach to not let us complete the remaining work this Spring,
period. Just because they are a public body and the Owner of the project does
not provide them the power to act unlawfully and treat contractors so poorly
simply because they have schemed to do so "confidentially" with their Board.
So this particular bullet point belongs on the side of the client's "Tab A —
Contractual Violations" I am afraid, but Of Course IIIFFC is happy to further
paper their packet with it as without the above context it reads as it does.]
3. 12/16/21 Bolingbrook Park- District introduced liquidated damages for incomplete
work as a "Change Order Deduct"
[NQ !11Q1jDA1EL1DAMAK1ES. If you simply read the actual change order
detail, it is clear this does not reflect liquidated damages. This is simply a final
contract change order that amounts to a deduction because the unused Owner's
allowances were credited back for final draw processing. The detail within the
COR clearly states we are being paid for additional pavement stone due to design
scope error, credited back allowances, and agreed to credit a few small values
towards punchlist items the Owner claimed were still owed, The final draw
payment was being withheld for this final Co resolution, so what you don't see is
the multiple iterations of this CO before it was finalized, where the Owner
conceded some of the monies that were rightfully owed to us for additional work
as well, The final version became us essentially crediting back —$2,700 for some
punchlist scope, so we could all collectively close the project before year end
2021. The values credited back are highly exaggerated considering it was (300)
SF of seed/blanket and removal of (3) filter fabrics in inlets, but we made a
business decision at that point rather than continuing to argue with the client.]
4. 8/27/2021 DuPage County memo for the Sluice Gate Installation Contract that
was awarded to Integral Construction in April 2021. Staff recommended
terminating the executed contract with Integral Construction for failure to adhere
to the terms of the contract
[NOT A CONTRACTUAL VIOLATION. The cancellation of the contract with
County of DuPage Stor water Management for the Elmhurst Quarry Sluice
Gate project is completely irrelevant to our firm's project history and
capabilities. This project involved a highly specialized set of trades to install a
motorized sluice gate as a flood control measure along the Salt Creek. The
project bid, our firm was awarded after several months of County of DuPage
procurement/purchasing correspondence, and we commenced preconstruction
activities. We held several preconstruction meetings, installed temporary
fencing, and completed all compliance paperwork throughout Summer 2021. In
that process it was discovered that the bid documents included a 30% self -
performance requirement buried in the HUD agreement fine print in the contract
due to Federal funding, which County of DuPage purchasing staff had
overlooked, and/or never questioned. We explained that given the highly
specialized nature of the project, there were only so many dollars available after
those trades left for self -performance to occur within, and therefore we could
only commit to 20%. The decision was to stick to the letter of the law given the
funding involved, and move to the second place bidder. We closed the project
financially with the County to finalize collection of expended funds on
completed work. This scenario was purely a purchasing technicality, and our
prior work experience with the County of DuPage and all of those involved with
this project is positive, and we would encourage your outreach to their Public
Works staff whom we recently completed a project with. We've also since been
awarded and completed another project in recent weeks with County of DuPage
for a large window replacement at the Kenneth Roy DuPage Care Center as
ell.]
1. Tab B Statutory Violations:
1. 4/15/2021 Illinois Department of Labor determined Integral Construction violated
the Prevailing Wage Act by underpaying workers $20,408.93 for work performed
on a public works project in Oak Forest. The Department issued a Notice of First
Violation and fined Integral Construction for back wages and a penalty for a total
of $24,490.72.
[The IDOL prevailing wage determination, and OSHA violation both are a result
of the same incident on a project we completed for the Oak Forest Park District
back in 2018. The laborers' union at that time were unlawfully accessing that
project site to harass our non-union, prevailing wage mason to recruit their
employees into the union, and in doing so opened investigations against our firm
and contacted OSHA to visit the site. The net result was an IDOL determination
and a minor OSHA violation, both of which were documented with each agency
and satisfactorily resolved over two years ago. This IDOL violation was a result of
an Integral Principal and our project superintendent performing work and
apparently not being paid the prevailing wage, as they are salaried employees of
the company who are paid at a higher hourly rate than the local prevailing wage.
27
Rather than continuing that fight and investing funds into legal fees to argue the
point, we simply conceded and paid those additional funds the employees in
question to satisfy the case. Given the issue we encountered with the laborers'
union on this Oak Forest Park District project in late 2018, our firm's decision in
2019 was to no longer employ labor workforce and rather to revert back to
management, administration, and super -vision labor only .... thus the formation of
Corliss Williams Construction
Integral Construction remains solely a general contractor with no direct labor to
this day, which makes us responsible for oversight of OSHA and prevailing wage
compliance of our subcontractors, but not an active participant in such programs
with direct labor.]
2. 7/17/2020: OSHA Inspection Report — Naperville Park District Wolf's Crossing
Park Project — 4 safety violations issued while performing work as a subcontractor
for Integral Construction
[More targeted attacks by the union at Landscaper Services of Illinois, which
resulted in a fall hazard violation while working on a shade shelter roof and not
being properly tied off. Their ladders were apparently out of date/compliance with
certification as well. And the abatement notice is not applicable to us, nor is it
viable considering this is an $8M park of entirely new construction, so no
materials are more than a year old out there. No excuses for the safety violation
by our subcontractor, but this was a 35 -acre site that was being supervised by a
single superintendent and PM, so it was simply overlooked amidst the chaos of
the project that day. This project spanned (18) months, and the union had a
representative parked across the street on a daily basis with a telescopic lens
camera following the landscaper crew around, so OSHA was notified by the
union this single day when it was spotted.]
3. OSHA Inspection Report showing that Integral Construction was cited for 2
safety violations for work performed in Oak Forest. Integral Construction paid a
fine of $2728.00
[See above explanation for the IDOL violation on the Oak Forest Park District
project. The OSHA violation was on the same Oak Forest Park District project and
was in response to the project carpenters not being tied off for roof peak work on a
single -story concession building. One of our carpenters was standing in a skidsteer
bucket 3'0" off the ground attaching the last piece of fascia board, and certainly
knew better. There were no injuries or issues, but still a violation nonetheless and
one we took seriously by putting all personnel through fall hazard training with Our
safety consultant immediately, which is why OSHA ultimately reduced the
determined fine down to 42,700, Final OSHA settlement statement is attached for
reference, this is our one and only OSHA violation and no such issues or citations
have occurred since 2019.
Despite the issues that arose on the 2018 project with Oak Forest Park District, we
not only completed that project successfully for them, but also were hired to
construct their $1.6M new community center the following year in 2019, and
continue to do work with them through present day as we complete punchlist on the
latest project with them, a $1.2M MWRD site improvements project.]
a.]
Tab C Non-responsive and/or Non -responsible Bids:
o 01/16/23 Orland Park Public Works Bid 22-067 Request for Action Report.
"the apparent low bidder Integral Construction did not provide references for the same scope
of work. Integral's construction experience was more general construction, not pump related
construction. Because of this difference in type of work experience, Public Work's opinion is
that the Village would have a higher risk of non-compliance with design documents when the
contractor couldn't perform the work."
[NOTA NON-RESPONSIVE BILI. This project received two bids, and Integral's apparent
low bid was $453,200 or 78% ($353,000) lower than the second place bidder. The Engineer's
stated estimate on the project was $500,000. Integral has $15M of ongoing contracts in the
water/wastewater sector as it is a new market we just began pursuing in late 2021. The nature
of these projects typically result in very long project durations because the of the specified
equipment production times, therefore none of these contracts are complete at this point, and
therefore cannot be listed as references. We provided standard references for clients where
major utility, pump house, and infrastructure work was involved. Neither The Village of
Orland Park nor the design Engineer reached out to their low and only competent bidder on
the project to have this discussion and understand our firm's work history or subcontractor
team. We had literally constructed the LaGrange Highlands Sanitary District's admin
building which required interconnection to an existing water tower and pump house, and are
currently in preconstruction phase for their pump replacement project at their main pump
station, a more complex scope of work, Both of these proiects are with the very sa e
design Engineer that the Villa#�e of nand Park hired for this ro.iect®
Upon learning of this decision via Board meeting agenda, we reached out to the Village of
Orland Park with the above information and recevied the following response:
Than s fair reachuig out. The refereinces that were provide were based, off ofIprojects that dealt with,
fw�c�illiities cons,truicatron and Upgrades. With the, new linformation you, proOded, 1 enoolurage your to subunit
a ne�b[d and wie Ml talkie it into cons,ideratlion, If YOU WouId like to discuss further pease feel free to
reach oust to me.
T ank s,
Kenneth Dado III IL,Ifullffl s Operallons P,0, anag r
vil agie of cgland Pian k I FuUic Works
fe`,a655S..RovInf!).A;w"e-nijLy jj�%I., j 9 s. w Q
Ph '708.403.6i0�r f kciado orlandparkor
This project is scheduled to rebid on 2/14/2023 and we will be resubmitting a bid.
29
o 12/5/22 City of McHenry Board Memo rejecting Integral Construction, Inc.'s low bid for the Miller
Point Park Project (page 4)
➢ "There were significant concerns expressed from Hitchcock Design Group and independently
forwarded documentation from the Indiana Illinois Iowa for Fair Compliance Assistant
Director of Construction Compliance in regard to Integral Construction Company. These
documented concerns have led to the city staff and Hitchcock Design Group to collectively
eliminate any quotes from Integral and assess the remaining 4 quotes."
[Another post bid review influenced by the 1IIFF'C°s defamation efforts against our firm. There
was no post bid review of our bid, discussion with the; Owner as a new client to us, discussion of
our project plan or subcontractor team. The Owner's award decision amounted ounted to a $130,000
premium to move to the second apparent low bidder.
Per correspondence with the Owner we were instructed to contact Hitchcock Design Group for
further explanation, and upon doing so were informed the towner has an existing relationship
with the awarded contractor, and they were a Home Mule community meaning they were not
required to proceed with the apparent low bidder.
This award decision was yet another instance were we were provided no oppoortunity to discuss
our firm's history, submitted bid, or the project before the Owner made a decision to proceed in
another direction.]
30
1. 10/26/22 Park District of Highland Park Board Memo rejecting Integral
Construction, Inc's low bid for the 2023 Sunset Valley Golf Club Cart Path
Bridge Replacement and Removal project as not the lowest responsible bidder
stating: "Integral Construction Inc. provided the lowest bid. However, the
company failed to disclose all past violations and other information as required as
part of the bid submittal.
[See response to item #5 below. We did answer those questions accurately this
time, however they were alerted by IIIFFC in post -bid correspondence of the Park
District of Franklin Park matter noted above. Our legal counsel instructed us that
it need not be disclosed at this time as it's a pending litigation matter and very
clearly breach of contract by Owner, however Highland Park's legal counsel
ultimately determined we should have disclosed it regardless, and that they would
make the determination as to whether its relevant or not. So lesson learned once
again with their bid form, and we'll disclose this accordingly on the next attempt,
but just another situation of bid form technicality. This client is genuinely trying
to work with us and encourages us to continue bidding, so this yet another item
that doesn't belong here or as a negative mark against our record.]
2. 9/27/22 South Suburban College Recommendation from Planera Architects to
South Suburban College for the Room 3251 Air Conditioning System project
rejecting Integral Construction, Inc's low bid as non-responsive stating: "Integral
failed to demonstrate an adequate attempt toward compliance with the goal of
30% Minority/BEP participation and is considered non-responsive."
['This does not belong here by any means. South Suburban College has an
aspirational goal on all projects, like all state colleges, of 30% BEP compliance.
This particular project was a specialized mechanical project that was primarily
comprised of HVAC subcontractor scope, and our HVAC subcontractor was
unable to assist with any participation, therefore we submitted our bid with 3.9%
BEP participation. We did submit the lowest base bid value, however the second
place bidder was only ,47,000 higher than our base bid and had a 54% BEP
commitment somehow, therefore the client decided to pay the premium and move
to the next bidder given the marginal spread between bid values. This is standard
public bidding practices and not irresponsible or non-responsive as they have
classified. important to note that we are actively completing our first project with
the College and were awarded that project with a 10% BEP compliance
commitment and were $21,800 lower than the second place bidder. This
absolutely does not belong here as an irresponsible bid or negative mark against
our firm. Happy to provide the Owner's info so you can corroborate the above:
Justin Papp, South Suburban College, Facilities Director,
708-288-2653,jpapp(Essc,.ed
3. 6/13/22 Fox Valley Park District Board Memo rejecting Integral Construction's
bid for the 3 Season Shelter at Lippold Park: "Staff review of the bid reveals that
there are contractor performance concerns regarding past work, including lack of
ability to meet schedule/scheduling delays, unapproved change orders, a scope of
work disagreement and instances of poor subcontractor performance."
31
[We never even received a call from Owner or Architect to discuss this project,
be scope reviewed, etc. We can only assume they took I lIFFCs defamation
packet and ran with it to make an uninformed award decision. The bid results
were very close and second apparent low bidder (RC Wegman) is certainly a
reputable contractor, so assumption is that made their decision easier, versus
fairly evaluating the apparent low bidder. Frustrating, but when we aren't even
contacted post -bid or notified that an award decision has been made, we don't
even know how to begin to counter this. This was our first and only bid to date to
the Fox Valley Part-, District.]
4. 6/2/22 and 5/16/22 City of Joliet Board Memo rejecting 2 separate bids submitted
by Integral Construction. "During the review of the bids it was determined that
Integral Construction, Inc. was not in compliance with Sections 6 and 14 of the
City's responsible bidder ordinances"
[We were low bidder on two lift station renovation projects back in April and May
2022, and were never contacted by the City of Joliet or the design engineers to be
scope reviewed, to discuss the projects, or results. We received correspondence that
as the award notifications state, we were deemed not compliant with the Sections 6
and 14 of the City's responsible bidder ordinance. Upon reviewing that language,
Section 6 is related to IDOL prevailing wage violations, and Section 14 is related to
OSHA violations. We have one of each on our entire 6.5 year record thus far, but
that clearly does not violate Section 6 as to be deemed noncompliant there must be
two violations in a three year span, and we do have one serious OSHA violation,
which also does not deem us noncompliant with Section 14. Furthermore, the
contractors who were ultimately awarded these contracts (Williams Brothers
and JS Alberico) and others who submitted bids (Vissering, JJ Henderson, etc.)
had multiple serious violation with OSHA and clearly violated the same
ordinance sectionN It's not a difficult search to find this information on OSHA's
website, so naturally we questioned this with the City's purchasing department and
were forwarded to their legal department, who offered no help at all and an
infuriating response of the "the bid has been awarded". That carried on into June
before I gave up seeking explanation, and because we need clarity on our status with
the City of Joliet, we have escalated this to our legal counsel who recently filed
FOIA requests on the bid results for each project. We simply want to figure out
what criteria was utilized to disqualify us, and why the same standard was not
upheld with the other bidders.
Also worth noting that we literally were qualified a couple of weeks before these
bids by the City of Joliet through their financial prequali Fi cation process and
approved for projects up to S35M with the City. This process is conducted by an
outside local CPA that the City forwards our application to for review of our
company resume, financials, viability, etc. We also prequalified as a certified local
bidder with them having a Will County office, providing us pricing advantages
against non -local bidders. So we were excited about low bids on our first two
projects with them, and then it turned into this a mere month or so later, with no
explanation or feedback.]
32
S. 5/11/22 Park District of Highland Park Board Memo rejecting Integral
Construction's bid for the 2022 Moraine Park Path Improvement Project. "the
company failed to disclose past violations and other information"
[Purely a bid form technicality that was created by 11IFFC protesting us in the award
process with the Park District of I fighland Park. The District's standard bid form
includes a couple of questions within it that reads as follows:
2) Within the past ten (10) years, has yourfirm been the subject Qfany other type of
claim, including by way of example and not limitation, fir breach of contract? If'
yes, please provide a detailed explanation of'theproeeeding, including the caption,
claimant, court or other disputefirm, nature and disposition qfthe claim.
3) lIas yourfirm ever been terminated priorR to completion of its services from any
project? If yes, please provide a detailed explanation, including the identities ()J'all
entities and individuals involved, the nature of the services which yourfirm was to
provide, the individuals who were asszgqned to prove the services and the reason
given fir the termination.
In our initial bid submission we quickly answered this as "N/A" to both question #2
and #3, however upon receipt of the IIIFFC defamation packet, the Owner was alerted
to the cancelled Elmhurst Sluice Gate contract with County of DUPage. The answer to
question #2 is "N/A" because that was not a breach of contract as the 11IFFC claims it
to be in their propaganda, and rather a mutually cancelled contract due to self
perfon-nance terms and concern over HUD project funding. The District's legal
counsel agreed with this. However, when reading question #3 closer though, we
realized that the County of DuPage project could/should have been explained in that
space, as it wasn't exactly asking about a breach of contract or legal proceedings. We
certainly were not attempting to hide this as it's a completely explainable contract
situation, but the District's legal counsel was concerned about this being answered
without this explanation. The final decision was to not award our firm this contract
following the post -bid explanation of that answer, since it technically was not
disclosed at time of bidding. A terrible way for an Owner to spend more money in our
opinion, but we accepted the decision and ended well with the Director who stated he
was excited to work with us and wanted us to remain interested in bidding future
projects. Happy to provide his info so you can corroborate the above: Jeffrey Smith,
Park District of Highland Park, Director of Planning and Projects, 847-579-3109,
Ls m1Lthffl_P_dhP..,qLgl
6. 4/20/22 Fox River Water Reclamation District Meeting Minutes. Integral
Construction's bid for the Pump Station 38 was deemed non -responsible.
[Another project where we received no post -bid scope review, discussion, etc.
Instead I received a call from the FRWRD project engineer that stated Trotter
Engineering was concerned given our lack of experience with lift station work, and
that because this is a project they flagged as critical and near the Fox River that
cannot fail, they were going to not award to us. Disappointing and frustrating, but
the conversation was positive, and he mentioned upcoming work they have with
large general trades and concrete, that he obviously implied was less "critical". I had
33
just provided the our A305 the day prior with some highlighted relevant projects,
so I asked him what it would take to get to this level with them, considering we have
been awarded and "qualified" for other similar projects recently. Response was
simply they have worked with other contractors who were new to them so that's not
an issue, :gust the concern over the critical nature of this project with bypass pumping
and so on. I replied that we knew all about it, we bid the project correctly, and
obviously with no intent to fail, but stopped there as it clearly wasn't something they
were going to be reconsidering. I then asked him what the Engineer's estimate was,
and he said he couldn't fully remember with all the recent bids, but he thought in the
$800k range. I said that made sense to us and that this is not a $1M project where
the other couple of bidders fell, to which he agreed and said the Engineer was
investigating the high pricing with the other bidders. So we we're eliminated,
despite being the only one close to the budget once again, because they didn't want
to take a chance on us. Another opening with only three bidder turnout and us being
the only one close to the engineer's estimate, yet not as much as a call to discuss
until after the award decision was made. Additional info so you can corroborate the
above: James Kerrigan, Fox River WRD, Senior PE, 847-742-2068,
jkLrri&,anLa) ftwrd. com]
_
7. 3/25/22 City of Des Plaines Board Memo rejecting Integral Construction's bid for
the Lake Opeka Storm Water Pump Station "Integral Construction Co. is not
considered qualified to perform the work of this contract."
[Another project where we received no post -bid scope review, discussion, etc.
The bid award notification clearly states the reasoning as to why, that we did not
provide "(5) similar projects equal or greater in capacity within the past ten
years". Obviously we don't have that at this point, as we are new to this market
and have been completely upfront about that with every client we bid to.
However this was a simple storm sewer lift station project and we had hoped
some of our other projects that included deep stormwater work and multi-million
dollar sitework scopes would be sufficient. Apparently they were not, and
therefore we were eliminated without as much as a conversation or an
explanation as to why they moved to the next bidder, We have literally hired and
worked with some of the bidding compterion for this project, for some of the
aforementioned projects, so to say we didn't have the experience for such a
project is a stretch, As with any project type, we will never get to five completed
projects in ten years if we aren't awarded five projects to complete. We have to
take some calculated risk in bidding what we view as less complex projects to
build that resume, and we've certainly been awarded larger and more complex
projects in the municipal waste/storinwater market now, just many are still in
preconstruction phase. At some point, Williams Brothers, Vissering, IHC, IC, JJ
Henderson, etc. all had less than five of these projects contracted or completed as
well. We don't believe being rejected simply on those grounds should be counted
against us and used as a negative mark on our record as [If FFC likes to promote.
If we don't bid and try, we'll never get the experience. First and only bid to the
City of Des Plaines, and we have no history with Christopher Burke Engineering
yet, so no real contact information or reference to provide for follow-up on this
one.. ..but it's all right in the letter.]
34
8. 2/22/22 Forest Preserve of Will Co Board Memo rejecting Integral Construction's
bid for the Veteran's Woods Trail Project after declaring them as a Non -
Responsible Bidder.
[No conversation or discussion on this bid result, and they moved on from the
first three bidders to get to D Construction as the awarded contractor, per the
Board memo you have seen, We were going through a project at the time with the
Forest Preserve District of Will County that bid in August 2021, and due to
budgeting was cut in half to eliminate the deck and railings from the project post -
bid. We were then asked if we'd proceed still being only a $150k project, and I
reluctantly agreed to do so since we hadn't bid or been awarded a project with
FPDWC as of yet. That project was the FREEC All Abilities Trail Improvements
and involved pathway work, landscaping, and outcropping stone work at the river
waterfront. Permit was not provided by the Owner until mid-October, and upon
reviewing site logistics and conditions, we decided to propose an easier access to
and from the site, resulting in a $10k savings for the client to be smarter about the
project. We then mobilized in mid-November 2021 and weather was obviously
impacting us already, and at the same time the FPDWC Board President decided
to call the laborers union out to the project to protest the landscaper we had
onsite. Everyone was fully aware that the "dreaded" Landscaper Services of
Illinois would be involved in this project as they were listed on subcontractor
for of the bid. This ended up resulting in a two week delay as we tried to
remobilize into the project with a union landscaper, until FPDWC operations
stepped in and told Lis to ignore the Board President's interference. Still can't
explain why the FPD's Board President would do something he knew would be
detrimental to their own project being completed, other than the union influence
or support he personally receives in his Will County government campaigns, By
then the damage was done and we were only able to get so far by early January
before temps and snow set in. Agreement was to be back at it in the Spring, and
over the winter I exchanged correspondence with the FPDWC Director about
their unhappiness with the progress and schedule. I summarized the whole history
of the project from Fall, and he literally wrote back that he reviewed with Staff
and they were in agreement with all of the dates and project history, but then
went on to continue the argument and shared that they would be moving on from
us for this particular low bid on Veteran's Woods Trail bridge. We were told a
strong finish on the existing project in the Spring would possibly change their
sentiment, but I still don't understand where we went wrong here. This was a
project we essentially took on as a favor, helped the VE to save additional
funds, and in the end were penalized for some of their own internal nonsense. We
then had a wet Spring and discovered the Architect completely blew the grading
plan, so long story short we finished up earlier this past summer. The original
FPDWC project manager retired back in the winter, so we ended up finishing the
project with a new contact who is actually their Chief Landscape Architect. His
contact information can be provided upon request.]
35
9. 2/10/2022 Naperville Park District Board Memo rejecting Integral Construction's
bid for failure to include the requisite project experience of the general kind and
magnitude related to this scope of work.
[This is the most frustrating rejection we've received as it's a primary client of
ours and a project sector we are actively pursuing (golf course construction). We
were first informed of this project over a year ago by the Owner while
constructing the Wolfs Crossing Community Part-, for Naperville Park District,
so it had been on our radar to bid at the Owner's advisement. When the bid
documents came out we were informed that they would be listing a minimum of
(5) golf course construction projects as a prequalification requirement.
Obviously, we didn't have that, so the Owner suggested some JV partners in the
local golf course industry who may be looking for a partner. Those didn't pan out
as they ultimately declined to bid the project completely, so we decided to seek
out of state partners to include for the golf course feature construction component
as a subcontractor of ours. We ultimately found one out of Texas who was
certified and met every requirement stated, and that's whom we partnered with
and included in our bid. We were completely transparent through the entire
process with the Owner, produced a responsible low bid, met everything they
stated would be required to be considered, and the decision in post -bid evaluation
was then to stick with the stated specification requirements. I was told there was
some internal strife about this considering what direction we were provided
during the bid phase, and the fact that we followed our plan exactly, but
nonetheless they went with the golf course constructor who has (80)+ years of
history, and who built the original course. Worth noting that we were currently
onsite on this very course completing a $400k drainage revision project in Fall
2021, on an active golf course that wasn't shutdown during the season for that
work. The maior renovation we bid would have been completed on a fully closed
course, and yet there was no hesitation by the Naperville Park District to award
us the drainage project scope. We've also renovated their clubhouse pavilion and
maintenance building on this course as well. We offered more than a competent
and responsive bid on this project, just couldn't overcome the internal politics.
Attached is the rejection letter provided to us by Naperville Park District
following our conversations, which provides a bit more information then their
internal Board memo. Without our bid, there would have only been one
submitted bid and that's not ideal for any public agency either.]
10. 1/6/22 Naperville Park District Board Memo rejecting Integral Construction's low
bid — Knoch Knolls Timber Footbridge Demolition Project after concluding their
bid to be non-responsive.
[This one was a casualty of the IIIFFC's "pressure" on Integral and Naperville
Park District's decision to not proceed due to that. Naperville Park District ct is a
large public client for us and we've done a lot of work with them, but given the
small nature of this project and the pressure IfIFFC applied post -bid, they
essentially convinced Lis to let this one go and they'd publicly reject on the
grounds we had no "bridge demo experience" in our past, only bridge erection
experience. It was a frustrating decision, however we chose not to fight it given
our history and strong position with Naperville Park District. If you spoke to
Mike Piszynski with Naperville Park District, he would corroborate the above as
that conversation occurred between him and I prior to the formal rejection on
�R-
record. Unfortunately, the verbiage in their memo says what it has to say and
helps IIIFFC with further papering their packet, but this was purely a political
decision. We are more than capable of demolishing a pedestrian bridge and the
bid results speak to that as well.]
11. 9/10/2021 Fox Metro Water Reclamation District - Deuchler Engineering memo
rejecting the low bid of Integral Construction for the District Digester Complex
Improvements Project for multiple reasons.
[We are new to the wastewater market and jumped in on an aerobic digester
project at Fox Metro WRD late last year. It was admittedly a bit over our head as
we were still learning some of the players who perform certain scopes of work
related to digestors, but we were fully prepared to honor our bid and complete this
project. The belief was Fox Metro was too nervous with us being new and that
much lower than the other bidders, so their decision was to reject our bid. We have
a couple of bids with Fox Metro since that are competitive and top two results, for
vault improvements ents and a new pump station. There's certainly been a learning
curve to understanding who the players are in this market, as well as the amount of
markup allowed against our competition, so we've been adjusting to that as we
continue to bid the work_ We'll never apologize for a low bid however, as it was
still responsible and one we would have proceeded with and been profitable on as
well, with all union labor.]
Michael Lingl
Indiana Illinois Iowa Foundation for Fair Contracting (III FFC)
Special Project Manager
6170 Joliet Rd Suite 200
Countryside Il. 60525
Cell: 815-370-7128
37
Tab A Contractual Violations - item #2
Integral Response Attachment
LAW OFFICES
JAMES E. DAHL
PAUL N. BONADIES
ffl��
DAH L & BONADIES, LLC
30 NORTH LASALLE STREET
SUITE 1500
CHICAGO, ILLINOIS 60602
TELEPHONE (312) 641-3245
FACSIMILE (312) 641-1662
WWW.DAHLFIRM.COM
VIA REGULAR MAIL, CERTIFIED MAIL
AND EMAIL
Mr. Joseph D. Modrich, Director of Parks and Recreation
Park District of Franklin Park
9560 Franklin Avenue
Franklin Park, IL 60131
RE: Wrongful Tennination of Integral Construction, Inc.
in Relation To Hawthorne, Timber, and Little Pearl Parks,
Franklin Park, Illinois
Dear Mr. Modrich:
Please be advised that this law firm and I represent Integral Construction, Inc.
("Integral',) in connection with the above -referenced projects for the Park. District of Franklin
Park ("District")
By a letter dated March 23, 2022, you served notice upon Integral that the District was
terminating Integral's contract for construction work performed at the Hawthorne, Timber, and
Little Pearl Parks (collectively "Parks"). In your March 23 letter, you stated that "ln,,seven,,d
Integral Construction, Inc. will be excluded from the site...." (Emphasis added.) Two days
later, on March 25, 2022, police officers from Franklin Park directed employees of Integral to
discontinue all work and leave the Parks. The District's premature exclusion of Integral from t
work ' sites was a clear and inexcusable violation of its contract with Integral. Moreover, if the
District had simply permitted Integral to continue its work through the conclusion of the seven
days notice period, then Integral would. have completed all of the punch list work with the
exception of that work which could not be completed in March because of the season and
temperature (e.g., the installation of certain plantings).
This letter will serve to place the District on notice of the claims which Integral intends to
assert against the District unless this matter can be settled.
38
Tab A (,ontracftial Violations - I Lern #2
Integral Response Attachment.
Mr. Joseph D. Modrich
April 19, 2022
Page 2
The Work At The Parks Was Substantially Completed
At The Time The District Terminated Irate gral
The initial "preliminary punch list" was prepared on November 9, 2021. A punch list is
not prepared until the work has been substantially completed. Integral continued with the
completion of the punch list work through the winter of 2021/2022. Obviously, some of the
punch list items could not be performed during these winter conditions.
A walk-through was conducted by representatives of the District and Integral on February
25, 2022, at which time another punch list was developed on that date. Integral was addressing
the completion of those items when it was unceremoniously kicked off the work sites. Integral
had planned on working on Saturday, March 26, and was certain that it could complete the punch
list items (capable of being completed in March) by the end of the business day March 29, 2022.
Integral was not afforded that opportunity because the District breached the contract by
removing Integral from the work sites earlier than permitted under the contract.
The remaining punch list items can be completed for a cost of not more than $25,000.
Given the magnitude of the work called for under the terms of the Integral contract, the work was
substantially completed.
The Delay In The Completion Of The Project Is
Attributable To The District And Not Inte ral
The District's invitation to bid established a schedule pursuant to which construction was
to begin on April 15, 2021 and would be substantially completed by July 14, 2021, and final ,
completion was scheduled for July 28, 2021. From the outset, the District did not keep up its end
of the bargain with respect to the completion of the project on time.
Specifically, the District did not complete the demolition necessary for Integral to begin
its work for months after April 15, 2021.
In addition, the District failed to obtain the requisite permits to permit Integral to begin its
work until June 2021. This accounted for almost a two month delay in the start of the project.
Integral had been mobilized and ready to proceed with the construction on time in mid-
April 2021 but could not proceed because of the District's inability to complete the demolition
and obtain the required permits.
39
Tale A C otitracwal Viollabotis .. ltern #2
hitt gral Respotise Atta6rne t
Mr. Joseph D. Modrich
April 19, 2022
Page 3
Integral had made a reservation with its concrete contractor for the delivery of concrete to
the project in June 2022. Because of the District's delays in completing the demolition and
obtaining the permits, Integral "lost its place in line" with its primary concrete supplier. The
replacement concrete supplier could not deliver concrete to the site until mid-September 2022.
This delay in the project was directly on the "critical path" for the project's schedule and was
caused solely by the District, not Integral.
Settlement Propos
The District has clearly and repeatedly breached its obligations under the terms of its
contract with Integral. The District delayed the start of the project; the District disrupted
Integral's ability to obtain critical supplies such as concrete; the District did not afford Integral
with the seven days access to the work sites after notice of termination to which Integral was
entitled under the contract documents.
As of January 31, 2022, Integral was owed $211,046. (See Integral Pay Application #009
dated February 2, 2022, for the period ending January 31, 2022.) This amount does not include
the value of the work which Integral performed between February 1, 2022 and March 25, 2022.
Integral recognizes that the District will incur some additional expenses to complete the
punch list items which Integral was not afforded an opportunity to complete.
Under these circumstances, I have been authorized by Integral to settle all of its claims
against the District in exchange for a payment of $200,000. In connection with this settlement,
the District and Integral will exchange mutual general releases. This settlement will not become
binding and enforceable contract unless and until the parties execute a formal, written settlement
agreement. This offer of settlement will be withdrawn unless the District accepts this proposal in
principal before the end of the business day April 29, 2022.
If the District does not accept this proposal by that date, then Integral will file a lawsuit
against the District in the Circuit Court of Cook County, Illinois, County Department, Law
Division, on May 1, 2022.
Very truly yours,
l 11L & BONADIES, LLC
BNatnes E. Dahl
cc: Christopher Osinski
Joseph Zinchuk
Eric Hornig
40
Tab B Statutory Violations - Item #3
Integral Response Attachment
U.S. Department of Occuplationall Safety and Health Administration
Labor Chicago South Area Office
8505 Wl, 183rd Street, Suite C
Tinil�ey Park, 111incills 60487
PHONE 708-342�-2�840 FAX 708-444-0042 Yz TEN Q,
Webl W�w.qs�haoy
April 16, 2019
In the matter of: Integral ConstirLiction lnc
OSHA Nlo.: 1370l738
1111 4 11 ii -- 1 WIWI
The undersigned Employer and the undersigned Occupational Safety and Health Administration (OSHA)
Area Director, in settlement of Oile above crtations(s) and penalties, hereby agree as foltows;
t. The Emplayer agrees to, correct the violations as cited in the above referenced cltation(s) of, as amendPA,
below and to provide evidence that the violations have been corrected lor those items where abatement
doCUMentation has not already been received,
2 The Ernpicyler and 01SHA agree that the following citations and penalties are beiingi aniended as shown
below. 0tations ands penalties not referericed below rerr4ni unchanged
All' violations have been aibated. The penalty has been reduced to $2728.00 according to the
payment plan beliow�
jL. Ili arga to j lom"Ma-girdallill 0 0-
1 FarlUre to play the adjusted penalty by the dtj,e data set in this Agreement will result in the full
penatty becomingi dLje and playable, along with interest and otheir fees
4 The EinIptoyer, by signing this linforrnal Settlement Agreement, Thereby waives Its rights to contest the
above citation(s) and plenaffies, as amended in paragraph two (2) above,
51 Each panty agrees to blear its own fees and expenses 4ickirred 'in connection with any stage of this
proceeding
6, rhe Eimployer agrees to immediately post a copy of thus Informal Settlernient AgreeMent in a prominent
pW(,eatoi° near the location oftine violation(sl referred toiriiparagirapt,i(2)above , "Chis informalSettler neat
Agreement rnUst remain posted Laitill, the violations, cited are corrected or for three (3) wolrkinig, ldays,
(excluding weekends and Federal holidays), whichever is longer.
7, The Employer agrees to Conti nue to corn p1ly wilth'the appl icabile p rovii sion s of the Occupational Safety and
H, ealth Act of 19701, and the applicable safety and health standards prorm[gated pursuant to the Act
. ....... . ..................... ............. ............
I ath ellbb Area I irectoir
For The OCCLIpafionM Safety and
Health AdMirliStration
5 to
or lnter`jral COMIrUCtiM 41C,
. ........__v
.. .......
L
41
Este docurTietitt uy irnportante. S1 ud. No habla ingl6s,
busque un traductor o IUI1ame al ('708) 342-2840.
U.S. Department of Lr Occkvafianap Safety aind Health Administrabon
8,505 W 18,3rd Street Sulte C
Tinley Park, R. 60487
Phone: (70,R) 342-2840 Fax, (708' 4444310142
Marich 14, 20,19, Step 1- Choose a Response
Option and
Dear 00's, OlMnski, ACt Within 15 working days
On 0'1111t21019, an 0SHA cornpUrnice officer met with Respond now before Vou lose the abilfty t�o discuss,
you or your representative as part of an inspection a,t 16901 potenfia I adjustrnents to penalty amounts and/or
Forest Avo, Oak Forest, 4't,'
6,104�52, This letter Includethe s due dates. Please choose one opflon b0ow and
citatioins, for the violations that werefound (see summairy complete the steps, on the inlext pagie,
bdow), Please cholose one of the three options frorrithe box
to the rt lint and complete the asso�ciated steps found on the
folkilwhig plaige witfaun .15 work�liqg days. Please cafl as if you Optilon#1 �— Correct and Pay
taw any questions about the euiclosed citation arld/or
penalfies; we are here to help Vou chalos e the bt Option to dag,ree with the dtation and currection
deadlines, and do riot contest.
resolve ca r° citatiori as qoidMy, as possible,
Sincerely,
Ka/�Iltwle`ia 'tai 1(lrea Directoir
Your Citation Summary
Integral Construction Inc.
Inspection Nut nber: 137073,8
'Ibital Arnount Due': $4S46.00,
Payment Due Date: IS working days
after luecielpt of
this lefter
You miliust correct each vpr brion by the date teat rel' M, the
Motion and Notifficotion of Penalty Pte -ase seg the violations
ond the cvrrectior`r dcoadfine jiv each viatation starting, on
taage &
Total Number of'Violate ons 1: 2
Ybiur First Correction Deiadllnels.,
009/20119
ranfi ainilu your m5pivuun
revealed no Mita ncoms of, repeat,
MOW or Other high -gravity
Oolafions,wedao offer to,
reduxe your pe'"'Ifty.
"'t" ream REDUCE Dtotaj povialty, Is*,
$ 310240
This Is a reductlon, of 30%,
Option #2 — Discuss with OSHA,
I would Hke tal discuss, this citation with an
MIA representative, 1"his rmay lead to
changes b thie pena[ty arnount, ditie-date
cOrrection deadhnes (If appropriate),
Option #3 - Contest thie Citation
I do nat agree with the citation, penalties,
and/or cram rection deadlinies,and would Re to
co,rRest.
S. — Cornplete One Option Checklist
f1arras post rr copy of the citafloin at or near the pljLce where each violation rrr rwrrr.d", even If you plart to, contest.
You can use the checkfist to the right to help lplan y0to next tep, IMr as(r ,r (to not send in your checklist,
IF
91
Correct Violations and Pay REDUCED'Total Penaltyl will cornp$ete IIvVW
Rasa the LISA attachment,sign the first page, arra grail the signed EISA leder
to the OSHA officelisted on page 1, postmarked wltliar 15 working days,,
Correct violations, then coniplete and mail the attached "Certification of
Corrective Action Worksheet" Mong with the appropriate evide rr ref
repair (ewe„ phatos, purchase orders, erre.) to the OSHA office listed orl the
first page" postmarked wMiln 10 calendar days after,each violation's
correction, doadfine and li Terre rr any required evidence. It m
documersts erre transmitted by means other than m9fling, the date the
Agency receives the document Istive date of subrTnisslon.
1 Pay the REDUCED Total Penalty bV Teeing one of dre followling methods.,
11vil neer lure Number (see Hirst page) on the payment.**
Prey rrrll'ne: Search "O%I " on
and r rmpl'rrrrr Ote "0 ,1,1
Penalty renew nt Fbrrr !' Pay by debit,,
credit or Atstornated 0earing House
( H) withlin 1, 5 workling days. l rrrrllos
over $25,000 nivust, be paid by ,CH and
require "Transaction 1I1'., " ll202- 202-693-
21,70 to obtain e).
ms�wu�ummsoamim�mm�ri�erv"x�ruarnirou�uirvMrnr�m„nr��rue��m�n ivrn��nvrr^am� mmanuonnuomm�zmmm�,��wmnmuaw��,�mommrowxnwimvon�mn��mmia�rrw�m�u^nr�
Option Discuss with
Prey byCheck: I Tell check or
nioney order payable ”"DOL,„
OSHA"' rr the REDUCED'Total
Penalty r tyre OSHA office
listed erre the first. page, within
15 Working s.,
CaH:r Kathy Webb, ArmeeDirector; at (70,8) 342.2840 as seam as possible
sc
hedler tneetfing with an 'S1°1A representative that orast occur witbin 15
working, days of rrrr l lng this citation. Bring suppoirting documentatfoxi of
existing condifloins and cx.)rrections dans thus Earn ff necessary, , can still
contest,the citation after this meeting. "This meeting does NOT extend
neer 15 workirigday deadline to contest the r° tabeer.
, I Fill ler and post the attached ""Notice to Eimpkryees OSHA Informal
Conference" ft p schiedtifing sneefing.
Option #3 — Contest the Citation
err
Mall aletter of hitentto le ll contest to the OSHA office listed on the first page
postmarked
�r
rl hin 15 woirkftdays.
r
� will complete hb
am
q will rmrrrl l te by:
43
U.S. Department of I,abor
8505 W, 183rc.1 Street
mite(",
Thiley Park, IL 60487
Cit, o , of Perialty
Integral Construction 111c Inspoetioll I m 01/1 In1m - 03/11/2,019
and its suceessom Issuance Date: / 14/2019
Monee, IL 60449
Inspection n Site:
1691) 1 Nxrest Ave,
Oak Forest, 11. 60452
"This Citation, and Notification Of PCIMIltY (111is Chation) describes violations oftjx� occulyational Safi:,ty and
Healith Ammo of 1970, '°' 11 fisted herein is are basttm mmmm tjjesc, vj(,,)Iatkmu,.oto must abate, time
� m�� �mViolationsm mmmmmmm thisN mm mmmm by timm(fates Hated andr)a the mmmml mmmm, mnIeLmm m
days(excluding wtwkends and Federal 'holidays ftmmmmm mmmmm° jvc,,c,.jpt, o this Citation and N(Ai cats mmm 0411'0=11* "
you eithes. cjill to schedide an (see paragraph mm*) oor yms mail a mmmm m mm of Contest to
t mm'U.. DelmAmmmwm t of Lalxm m° Area Office at the m m m ss)se 6kltq
,j1,m m mm 1)() . pje�w� m m° themm
(OSIIA 3000) which OutlineSY01,11, rijo,11's and responsibilifies and which should Im., read in cortiunction with this
fibl"I'll. Issuance of this Citation does not constifide a filidirig that a violation of'the Act has occuirmd UnIOSM there
"s mm fililtmmmm m° Contmt mmm provided mmm in the,Act or', i��m��ont m immm ,, tjmmjmL%s this � tion mum ��mmmmme Amy the � ,mmmm�m�mm,
.gym [I'mws momm Ora court.
o s - Th lmmw requires Chat a copy ofIhis Citation and Notification of,^ malt be posted mmam diately in
prorninent place at or near the location of Violation(s) cited herein mm, if it is mit practicable becausetime
nattmre of the mmmpl'mmyem' Pm,mmfimm11s, m ilere, it m ill Im readily obNe vable by all atfected employws. This itation
must remain jural d mm mtil time vimmlmmt mmmm(s) m im"I herein hit Immmmw Ix -en mmbmmm m:d,, or Cbr, rorkifn days (excluding
Informal Cm nce -Aim mmmf" � : eVIS not required. �"lm'mweve , W �mmmm mmmmwm�m U) 1mmmr ve Such mm
eu,)r during the 15 working day contest I)eaiool by calling 708-
342- 0� Dmmmmmmg such an informal conference You 1,110Y present any evidence or views which You believe, would
mmpport an adjummmm nt to time: itafi n,(,s) and/or pmmnaIt 0mrmm ,
m:"°wmtwm ,on a wd m 1omaf"WARof N."aafty muga I of 9, OSHA -7m
44
It' yutli are considle'rijig 14 requcst R)r all 4,401,111fil cotillerence to discuss any isstws relaled this Citatim axul
Notification of Penalty, y0a, must take care tum schedulic it Carly C111011gh to, aflow Ifillie, to c"olitest, aflierthe inn t"omni al
YOU docide Io doso. Please keep in riflisid that a i lieller (ifin(tenii to corwitest niust be
stibitnititcd to the Area Director within 15 workirig daYs of your ireccipt of OtisCital kmk�, The rutirnifig of this
cluraest period is nial i"Itei rupledi t�y ain ildorn,41 conrerellice.
Ifyou decideto request an, informal coufcreawe, please coinplete, ren,iove and post then 1" lxu Evriploycies next
'to this Citation and Nolification offliemyin yas soon ai tillse time, datel, arid, place ofilm, imus" orirml coafemean ee liavie
ticen, delertniried, 13c sure to bring tothe C011116'ence ally and gIll,"qlPOrfijjg orexisfing exmiditions
as well as any abialentent sleps takem thus 1m'.Iii" iconditions warraill, we can enter hito um hil'ormal seldement
agreestleilt WItich Allialicabily resolves dris inaftcr widiout fifigation or coutcd.
Might to Contest — Yem have t[le right toeontest 11sis Citation and Noliflication ofPenalty, You rlmy cl(,ititicst
all ciiiation Reirss or only individual itcnis. You rnay also contest proposed penallies andilor abateltictil, dates
widnout comeming the underlying Violatiloilm Un 't
—*121
1L
xUaa
As
x 1
dr mann
the m-tmolligial,
C'mmomissimunmei urinal r Omm! mm, LI mt—O lumm u �m
Pe,"afty Paymeitt , Penalties are dtsewitfi4w 15 wvo,,,kilig(loysolreccil)tof Binns noilificafioo utilessicontested.
(See dre onelosed booklet and the additional isillurmalion pr(,,.wided reliated to the Diii Collection Actoif 1982.)
Ma,ke your clmck or iniosicy, order paytible to '1`1 01,-OSFIA". Mease iriclicarot, the Inspectiort Numberiori thic
ren'littailice" You call also, litake youir paynient electrooically Oin the left Side Ofthe lmygov
hornepage, Y(,')U will see Ott OjImAmi to Searcli Public Folmm i "OSIIA"' and click(io, Frotti the rcisulls:, click
011 g.�SJLAP
_,gLjAltP& mgm The direet Utrik is
_
s
ly, CI 29, 10 m"t,nw5
W
You will be required to enter yoilrr inispectimnuatber- Mien inaking (I'm payrnient, Paymerilts call be Arlade by
111), and also rriust [,m paid usingACH,
OSI IA Debt Coll -wtlion Tearli, at (202) 61913-2170,
.m 1"1,a does riot agrem to aiiy reshIctions or conditiolos or midorm4ttimAs Put imn any chieck, momy, order, or
electrfuxriic payrnerit for less Own min 11111 9sini(runt dtm, anid will pirc,uccls, Ike payslie"Its as irthese restrictions or
Corlditioris, do not exist"
Notificniflion o�orrevttvie Action-- 1or each violaflion which yom do nat comesk, you unust provide,
ft)the,Akrvi Dimetor ot"the OSI IA (A"Tice, js%tjhi),,; O's e citation aud idienfified above, This
abi,ileimient cerfiflei,fliott is to be prOvided, lay letter within, 1,0 calcitidardays 111),or ckmli abaterrient date, Abateirlefitt
certificatioa locludes the (late and, nnheed of'abaterum ent, Wdlic citafion indicates flant the violation sums corretled
dtiriitg the inspeefion, iso, abateivierit cerfiricadon, is ret,'juired ft)rthat iferti. Ttie abiatiCITICIII cienification Ictiter invimt
be postellat the locatiOtit whiere the viloilation, atveftred asid 111io, corrective actioit toloik place Or, ernploex's Irriust
(main eriwise be efl,"betively itift),rimed abotia abatement activities. A saniple atlatemerwit cerfificatim Ictlew is eticlosed
myCve
Nvitl'i thii C"itaadd
liom lit iticm, Where the Citation in"ificalest[lat abirfrelm"Its 'iii necess ir, iildnce
()f the puirchase or repair of equipirsent, photogmphs k,:dr video, receipts, training reg cear ds, etc,,, verid yhig that
abatement has o0curred is requirod, to hie provided to 11'se Airca Dirac m.
Ein ploy,(,,, 1- Discrimination U JI law ft11... The Im pruhibits discrimbiaticri"i by aura elriployer agaiust ain
CIkkokin mid Mill ificaligms 01' I'MANY Page 2 of 9
C)SPIA-2,
45
employce l"br fifing a ieila mnap�pmrlm'a 011"Cir excurcising any rights under 1"I'lisAm An euiployee who behieves th,,al
hiekstic tins belen discrfininmut cd againsit may Me as Conilptaint n,01 laterthan 30 (lays ihe discrimination
occurred with the US, Dqmiruvient old" 1.,a(mj,Avc-o Office, as flie aiddress, showit ammo ma.
Futploylej,� Riglits and Responsito W ties - `Ftx,,, enclosed [xxikleil (OS14A 3000) outfines aiddifional
C1111ployer rights and responsibilkies anid should be read in conjuniction with this nofificalioio,
Notice tio Employees -1111 c Jaw gives an esnployee or his/her rq1twesentallive the oppoiluility to otm)Ccl to UY
ala latenlient date set Cara violation, ifhe/shc believes the dalle to be unreascumble, 'I'honlest muqt be inaileld to
the U.S" 1"')VIpat"tim,0111 of L,a['wr Area Office at (file address showri abicwe and postriNirkied within 15 working days
(excluding well and Federal hohdays) of the snoccipt by the onployes, ort ii Citation and Notification of
Pefwflty
Inspection Activity Data - Yoti shouki liar mue that OSI 1A pubfishles inforn'tatilott cm its insplccfio;m and
I
citaflou activity on the Internet mviler the provisiom ofthe of Infcirmation Act. The
in formation rtiatcd to, thescalkpd violations will; be posteti when our systerri indicates t1tat ymi Ihaav, received
Ot'lis Citation. You are encouraged to rcMew the infiorniation concernirsp
, yotur lestablishalleeat tilt www wo'sha.gwawa . 'If
you have aa), dispute with the accuracy of the information displayed, Iflease conlact this offitiole,
Otampin and Notificsil,kwi oflllemnity Pogo 3 W'9
OM [A-2
46
U.S. Depailmerit of Labor
Occupatio"llial SaCely aswl III-Icalfli iNdmirdstralion,
4 0
N'(Yrl(.,',E "F0 1-"!l.'M'PL0YEESl Of INIFOIwAL CONFERENUI.'
An inforrnal confiwence has been scheduled with, 0SHA to discuss the citalion(s), issued ori
03/14/20191r The con't"bivneevvill, be licid by telepbone or at, dile ,0SHA orl"Ice located at 8505 W
1,831rd Street, suite c, "rinicy'llart, It. 6O 87 on .......... .... at
i.niployees and/or repirese-litatives, offin ployces luxe as fight to aiucnd an inforinalcom"erelice,
Flago 4 or9
imfion and No6fituAlkilin of Powhy
OSHA -2
El IN
CERTIVICKVIC)N OF CORRE(A IWACITION WORKSHEE"I"
Inspection, Number: 13701138
(",w'(,,xinpany Name: lntew,-al Constructi(MI hic
hispection Sih,: 16901 ForestAve, Wk 1�'or(mt, IL, 60,452
Issuance Date: 03/14/2019
List, the Specif ic rnethod of c,,orreeflon fox, each iteni on this citation in this 1,xackage that does nmol read " Cbffected
During Inspection"' and tvturn to. U.S. Departnient of Labor- OccupationalSafety and Health
Adminisfiv,flost, 8505 W. ISN A street, Suite C,'Vinley Pat -k, 11, 60497
Citation Num berand hent Nusnbev, was Correciel"I on
By(Melhodoi-
l'Af�m mm » ..........
.. ........ .
Citafian Numberand Items Nuswitvr Nvas corrected on
By (Method of'A� . . . ..... ......
CItation Nuinbev and Item Number 1-....",—, %vas corrected on
By (Method of A6W-ei-nefkt): ....... _
Citation'Number and hent Number was corrected on
By (Method of Al lent): _ . . . ... ... ... .. . . ......... __ ... . . .... .......... ..
..... .. ... ..... .. .. ...... ..
Chatioti Nurnber nim Item Nuniber was oonixxted on -1111.11- . ....... ..
By(Method(AA6'i .......... _ ....... .... ....
Chat Ntunber andltc,mai Number Nvas corrected on .... ...........
By(Methxyd of ............ . ....... . . .................. ............
. .... ... . .. . . ........ . .......... . ......... ..
that the informatiOn CA)VItailleXt ifk thiS (10CUiTient is aectirate, and flint the off Lcjtc,,d employix,* and tlieir
represesitafives have been hilbrined ofthe abatement,
.. . ........ . .... ... ...... ...... - . ... ...
r. We
. . . ............... . . . .
ped or Printed Name
NOTE: 29 USC 666(g) wboover Wumingly vaskes any Wse represefflation or Certifica4011 In any al"'Yphealk"l, rm*rd' plan of
other docurneats filed or required to be aimintained, putmoil imnm t1ge Adshall, tkp(,gm cotivigtiall, he ImniAwdi by a ritar oft.101, mare thall
$1 O.NX) or by inqvisonvapin of not snore than 6 mouffis or tvlh,
POSTING- A copy Ofw1upleft(I ConitcAve ACH'a"o, tic ported for entplovec, roView
("Isafioll) 4*1141 Nwiflogion of 1"C'smAy
Pap 5 of 9
(')SHA -2
48
LI.S. Deq)atlnicut oflaabor, bispecliccut Ntituilmr: 1370738
Occiqxaicnial Sarcay mid ficalth Adasittisiraflon 1p,1/11/20 19 - 013/1 120 9
Issutulce Date: 013/14/2019
ani
al
Notillcatio!! gt `ff �,tgLRX,
Clunipany Namel- 111tegl"I'd C011SU'LIC60111 111C
1`11,41)"fion Si,te: 16910 1 Forest Ave, Oak Forcsi, IL. 60452
ion I Iteni I I�ype of Violation-. Serlol(VS
2,9("IFR 19 10. 1 78(1)(1)(fi) ; 1"he eniployer did rijot wis �,,trc tfuit to ch olperator had successfill l,; completed
thetrainirig required by plviragra[i (f) excqpll �,,vq permitted payly par rap[i (1 (5), prior to, pleirmilling ati
I)
crnployec tai l operate a
p(s%rered industritd Iruck safely:
a. C'41 or ablout January 11, 2019, at the al.),love ax-ldress, asi ciiiployee was required lo operate a powered
industrial vehicle and had tiot bleen, providled with training, inclu(Iing NO not nIimitcd to fivi,nal
instractiolii, practical trahiingand an evaltiatiotii ofthe opciatois pertionmance, thereby exposirig
omployeesto, sInIck by as.id crushing hazards,
ji,Ivl
,AI,IA,r,rf.,mf,�',Nl'])O,CUMEN"YA',I'ION'ttL4QIJIIZ,,I�e,l) FORni'lus r"r,''a
Date By WhIchMolation Must bay Abated:
I FIrloposed Penalty:
014/09/20 1 9
$2273.00
Swe ivages I dirough 4 of Ws Ougiia% and No6fitcalio of"Poolly Cut WcaTuMon o" cowp1loyer and cniploycc nghls oad
Cilafion mvilNofilficafion or Penalty Page 6 or 9 OM ba -2
49
U.S. IDepartment ot'Labor, Inspection Number- 1370738
Occupationtil Safety and flicaltli, hispectfini Date I (s): 1011/1 IM19 -03/11/2019
Issurince Date: 03114r2019
il,",�aawLaiNegfimiig,Lk.ILILI-ItktfLlix
Company Name: Integral Cionstructiori Inc,
Itispection Site: 1690 1 Forest Aire., Oak Forest, U, 60452
Citation I It, rn 2
Y1,110 01"Vicsiation: Sell"OUSS
;he'!7 It"
29 t 1"'R 112AS t(g)(1): F!"Inployces on scaff"olds inore flian 10 feet (3.1 m) above i,% lower level were
not ptotected ftoni Falling to that lower level by fhll proticefion establisl"�,c;d in pairagraphs, (g)(1)(i)-(vii)
g
of this Section:
u. On or 0J)OUt January I J, 21019, at the above add ressed, jobsite, an employce wtis perfionning carpientry
Operatlio'nsftcnil at Shect (if plywood on, the ofa Skyfi-ack Rough "llerrain Powcred Indiustrial
Vchicle, approxinutely ten (10) fi,!Ct ab'OVC the grMind, Nvias exposed to iriji,iriics t"W)m falls d�ule to flic
l,ack of guardrai Is,
Date, By Which Violation Must be Abated:
Proposed Penalty:
Corrected During, Inspection
$227100
Kality'Webb
Am Director
Scic Pops I duoughl gra this chmim and NOAW[Cafioni 0,1101cafty fim, u1061rmmfion cluemployer iiind employce righis and
C)Wflon and NOOGcMialp CAI'Via'afty IN"t'ge 7 (A'9 OSHA -2
50
ILK, I)eparlyTtent, of Labot,
Occul"m6onal, Safety mW 11cidth Adiniriistrafioii
8505 W. 183rd Street
sutte C
lim l,ey, Park, [L 60487
INVOICE /
DEBT COLLEC "I"JONNOS" "R T
("Onipally, N'ung n�te: Integral Construction like
Inspection Site: 16901 Forest Ave,,, lunula Forest, I L 6014,52
Issuance It 03/1,V201 �)
sunlislat%y orpell"Ifle's for In9jmetion Nuituber
Citation 1, Serious
TOTAL PROK)SED PENALTIES
R.) avoidi addifiotsM chairges, p[emse retrift pyinelit prortiptly to 1111is Area fficle Cor fhe towl animcilt ofthe
t,mcontested penahics suarinarized, above, Make your check or nioney ordor, pay'able to: "DOL-OSHXPlease
indicate OSHA's hispectim Nui,nbct� (hidicaled abcove) on the rermittarm,,e. You car, also 11makeyourpayi"'i'len't
w 1, On flac left side of the pay"gov Immepage" you will m an Option, to search
Public Flomrs. 1�,pc "108FIA" and clielk Go, From the ircsiults, click cyri Q.ItILA mqdfyf-1 u Fgrm. The
_J1 j _qyffly_
di,rect firik is LIQW;rte,ls "a
! )lw,. oyl c"n"I'lom nml A yo u will
xL Inv
be requilvid k,o enter yokir imspectiol's number when inmkitng tin c payralle'lit, PRY(Y'llerits, can to n"vmde by crectOtt : card or
Atitoinated Cllexring House (ACH), using your bankisig hiforniation, Payments of $25,0100 orimore, requirea
Transaio,ion 111), ai,nd alsol rrtust t)cpt,'Aid usingACUL lryou re1quire a "I"ratimiction 11), ple-aslu contact the OSHA
I)ebt (17ollection'llearn at (202),693-2170.
OSHA does ricst agree to any remrinafions, or condifions or endorsements put cm any cheek, nioney order, oir
electromit, payj'I�Ien( for less than the fid) min(mint dulu, and will calsti, the cheick, oriaic,meyorderas iftfiese
restrictions or cor4fions do not exist.
If a personal cInk main itssued, it Avill be cotivoted k1to an Clecironic Iliad firatisfir (EF,"n. "rhis means tluit ottr
1),m'ik will cop), your chieck and USe 01C, ACC(Wfli hTrormation im it to Wicvircinically debit your accotait for the
arnount of lite cheek.The debh frorn youir aco"mrta owill then tisually 000,11, wilhin 274 hottirs and will be shlown on
your mgUlar You will not remiveyour original chock back. 'The batik %vill destroy yous,
original check, but will keeIk i:ll copy, ofiL, If the EFT mirml be coilipteted because of h'isuffiviet'it, funds or closed
zimmil, the barik Nvillailetopt to rimke the travisfer up 02 fliwim,
CWWO'" and'NOWWation or Penafty Page, at 449 CMtaw -2
51
Pursuant Alo the Diebt Cofledion Act of d 9,82 (Publile 1-aw 9,7-365) and regoilations of" Elie S. Department of
Labor (219 CFR Part 20), the Occupadorull Safely anal VleahhAdmirtismimatk'm ii, re,,quired to assess, interest,
definqucot charges, and a(fininistrative costs fior 1he Colliveficsn ONIClinquent penally deWs foir violations of the
(keupalimal Safety and 141calth: Act.
Lqjq_vm„xj: Interest Chat - „urs will be assessed at ail alimuni rate detemirtilaed by flte Secretary oftheTreasury, on, all
penalty dehl iminoutIts not paid Nvithin one nionth (10 calendar days) of the (tale on vvhic,hi drie debt ammint
becomes due aind payable interest i,°nte isone pesvxanti([%), fiviterest wi I I as rile
firom the d'iate on which thc perIn I ty allrou III's (as Proposed of, acl aslcd) become a final carder i(�s r Ific Occiqxat i0tia I
Sal"eity and Henl(h Review ComirOssion (that is, 15 working da,YS fi-mn your receij)l ofthe Citation, mad
Notification of Penaky), mdess You filic vi lxmiov� Itoercm, chargo %vill be mraived ifthc full masount
owed is paid within 30 calendair days, oNhe final order.
debt is �1
LNjL11�yL�'LeULC skmg..,, A consid,mv(,'] definie
qunt if it Imams amt ken paid Mthfii one tnonth (30 tudendar1 .1%
days") of the penalty due dale or if a salisfactary paysnent arrangememud , has not been rnade, If t1w debt retinains
delinquent fbr awore thar�! 19101cateridar days, a definquent charge ofsix pei cent (6%) peir anriuni wil I In,, assessed
accruing front, the date that the debt beca,,Irse Minqkicnt�,
Att
nt irm, m_Ct al chi rges fox, the
IgLs: Agencies (if the Departinent off,abor are required to assess addilk:nk
recovery of'definqueamt debK Tbese additional cl,war ear are adn'flnistrative costs, iincuirrcd by theAgency it) its
atteurs pi to Collect un, unpaid debt A dn'd i'w isl rat ive costs wih IM assessed fix" deniand Wts sent its an alterript to
coUect the cum plaild dek
Kathy Webb,
Area Director
CiUwOon wW Nofification of Penafty
Page 9 of 9
Date
52
I IN"I"HEmAT",rl,,-ROllntegir,iiI(".'ols°if)trLIc,tionllm,ic
C)SHA INSPECTION H'13707313
MSUED: March 14, 2019
EXPEDITED INFORMAL SETTLEMENT AGREEMENT
The undersigned EMPLOYER an�d fl'w undersigried Occupational Safety and liiealth Adlininis,trition, (01SHA), In settlement
of the above referenced Citation( .$) and Notiffration(s) m IPPnaity which were issued on, March 14, 2019, hereby agree
as f0iflows:
i.'rine LWPLOYER agirees to correct thieviolations as cited in the above referenced citatiarls.,
2. The EMPLOYER agrees ito, provilde evidenice of thrr actions takej,n to colirrect tile cited vWations,
3. Upon correction of add violatiions, the EMPLOYER agrees to, �.')rovlde writteri certification, to the Area Directorten at 0i of
the violations have, been corrected.'rhe EMPLOYER agrees to post a copy of the written certification for a periofd olf Chre(".
days in the pias e the c1talljolls were posted as desicribledi Iri paragraph 6 of thiSAGREEMENT,
4. OSHA agrees tin the toitail penalty is amended to) $31,82.20. Failure of tine [.,MPL0YER'to CDran; Pi11y'W1'Uh the tienns of
this AGREEMENT'strait cause the penalty, to relvert,to the initial Uy pro se,Ninlt,vlr)f'546.00.
S. In consideralflain of the fibregoing arrienit.1ments, an(j/or modifications to, the Citations, the EMPLOYER heireby wam Its
fight to Contest said Citations pursuaint to Section 10(c) of the Occuplationat Sat Mand Health Act of 191701. ft Is
understood ainid agireed by the Ocicurn atfonal SiaWty and Hc,,,a1thAdm1n1strath)n and the EMPLOYER that the citationsamt
amended and/or rnodiffled by t1fls agreemient, shaH be deen'ied a firlM 'Drder not subject to reiview by any coiurt ormai ency,
6, The EMPLOYER agres tows lirris"nedfat6y 131DA al C0f)V Of thils Setfleivient Agreeruns nt In tirse same manner and placei as the
Citaitio,nis (Citi are required by Id to be to star In, a prowninent Ipilacle at or near the tocation of thei wet olatiOn,S).
C1 tatioln,s Must reren adon posted urstill the violations cited liave been corrected, W fair three working i(days, (excluding
weekeir,rids and Federal Holidays,, whis ever is longer.)
T Eachi Party hereby agrees ito bear its owni toes and otini expenses, hicurred by st,tch party k's connection wklirm any stage
(if this procieleldling,
Coinpainy Officiail nerd "title
SMEM
Kaffiy We
Area Director
Date Signed
53
taw I r r'v i lie Pexrk, i i ` i e
January 4, 2022
Christopher Osinski, Principal
Integral Construction, Inc.
320 Rocbaar Drive
Romeoville, IL 60446
Re: Springbrook Golf Course 2022 Renovation Project
Dear Mr. Osinski,
Tab C Ikon -responsive and/or Non -
responsible Bids - Item #9
Integral Response Attachment
VIA E-MAIL
Integral Construction, Inc. submitted the lowest putative bid for the above referenced
project. We acknowledge that an affidavit of experience was submitted for Fleetwood
Services, LLC, located in Dallas, Texas, your chosen subcontractor proposed to be
assigned to golf course feature construction. However, Integral Construction, Inc. has
no experience coordinating a golf course construction project of this size and scope as a
general contractor. As such, your bid is considered non-responsive, and therefore is
disqualified.
We appreciate the time and effort put into preparing this proposal, and hope that you will
consider bidding on projects for the Naperville Park District in the future.
Sincerely,
Kevin Carlson
Director of Golf
Naperville Park District
Cc: Mike Piszynski, Superintendent of Trades Operations
20 M ..0iKS011I4 A V E- NAF1EVVW11I..II,I M VII (i 11 V5114 w I11a1H0N dru' 01 848-5 P'�0 & X (:�ilV� 848- 001 - NAP11f RVVL EPARIK , R
54
Reference Checks for Integral Construction:
Integral Construction was the GC on our remodel project of the old Elk Grove Village PW
facility. We were happy with their work. The owners (Chris and Joe) are involved. The Superintendent
(Pete Sylvester) was top notch. The subs were professional and we had no delays due to absence or
other issues. The project had a good number of hurdles that no one would have been able to know about
until they got into the project. Integral management was always willing to explain the issues in plain
language that we could understand in order to make a good decision about what options were available
to remedy the unknown issues. They scheduled regular meetings to review and discuss the project's
progress.
We have received great reviews from Elk Grove Township employees, residents and visitors to our
building. We are very proud of the final result.
Please give me a call if you have any other questions.
Paul Pioch
Elk Grove Township
We had Integral on three large projects. They performed on budget, on a few things that we
made changes to, they worked very well in providing us with the best pricing and when we had a
preference knowing pricing would be good they would work with that supplier to obtain pricing with
them as well. Quality of work is excellent. Communication they will always get back to you by phone or
email and we always had weekly and/or bi-weekly meetings throughout. The office staff is very
thoroughly will all the paperwork. For the most part they stayed on schedule, for our projects we had
unknown moving pieces with utilities, County and MWRD that created hold ups that neither them or we
knew was coming so I can't really count that into the overall schedule deadline. The last project was
starting just as COVID hit, need I say more — materials, workers — you name it we encountered it all.
They will always stand behind their work and are not just "gone" after the project is completed, which is
really great.
Cindy Grannan
Director of Parks & Recreation, Oak Forest
We were very pleased with our project overall. So much so, they are doing another project for
us right now on our pump house that should be wrapped up in September. Once again, they have been
on time and on budget. Difficult task in this diminished supply climate we live in now.
Hope that helps,
Jason Shepler
Superintendent
La Grange Highlands Sanitary District
55
I've worked with Integral Construction on a number of projects since 2017, none have been
specifically for window replacements.
Scopes of work for a few of these projects include:
• Pavilion over the patio at Springbrook Golf Course (2017)
• Interior office renovation at Springbrook Golf Course maintenance building (2018)
• Wolf's Crossing Community Park development (2019 — 2021)
o Full development of a 30 -acre park including mass earthwork, site utilities, construction
of two buildings, playground, splash pad, parking lot, trails, etc.
• Administration Building office renovation (2022)
Overall my experience with them has been positive. They haven't nickel and dimed on change order
requests and are good with pay application/waiver of lien paperwork. Communication has generally
always been good. Delivery of projects have mostly been on time but I've run into a couple issues with
them on fully closing out projects in a timely manner, mostly due to trying to coordinate subcontractors
and surveyors for punchiest and as -built surveys.
At the end of the day they are a good contractor and I would hire them again.
Mike Piszynski, CPRP, PLA
Ulpe 6iroendent ofIrades GIperations,
Napr:°M611e (Park (District
I spoke with Nick Jenson from Du Page County.
Their project was $960,000 for a 200+ window replacement. Field work was excellent with only 4
cosmetic punch list items. The project was completed on time and on budget. Their project was a
federally funded project so they did experience some "paper work" issues, but it was resolved quickly.
He stated that their overall experience was good and they would hire them again.
I spoke with Ron Pfeiffer from Mc Henry County
Their project was broken into 5 phases totaling over 1 million and it included renovation of office space,
building facades, window replacement etc. the project was completed on budget and experiencing only
minor delays because of product availability. Communication was good and work quality was good. He
did state that there was a lot of hand holding with coordinating work with active work spaces.
I spoke with Dan Lacashew from Franklin Park, Park District.
He declined to comment given an ongoing litigation.
I spoke with George Stratenson from New Lennox Park District
He stated the following:
Project still has outstanding punch list items
Work was "OK"
Labor delays—specifically concrete
Project Scope included tennis Court, parking lots, grading, shelters splash pads 1 million +
Project management was poor
57