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HomeMy WebLinkAbout84-1029 Giertz Melahn Asphalt 24- )oa°I RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH GIERTZ-MELAHN ASPHALT COMPANY WHEREAS, the City of Elgin is an Illinois Municipal Corporation and,a home rule unit pursuant to Article 7 of the Constitution of the State of Illinois and is thereby empowered to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, Elgin owns certain real property, commonly known as the State Hospital Property, located within the corporate limits of Elgin and upon which there is currently under construction a recreational facility commonly known as the Elgin Softball Complex; WHEREAS, in order to provide access to and parking for said softball complex the City Council of Elgin has determined that it is necessary and desirable to construct a certain roadway and parking lot improvement upon said State Hospital Property in the manner hereinafter provided; and WHEREAS, Giertz-Melahn has reviewed the plans and specifications for said improvements and has agreed to construct said improvements upon the terms and conditions hereinafter provided; and WHEREAS, in consideration for said construction by Giertz-Melahn, Elgin has agreed to pay to Giertz-Melahn a sum certain or in lieu thereof to enter into an agreement with Giertz-Melahn providing for the extraction of certain gravel deposits located within the State Hospital property conditioned upon the approval of the Illinois Department of Mental Health and necessary rezoning; and WHEREAS, the City Council of the City of Elgin has determined that it is in the best interest of Elgin to enter into said agreement with Giertz-Melahn, as said agreement will ensure that the necessary road and parking lot improvements are promptly and professionaly completed and because Giertz-Melahn is uniquely located so as to minimize any adverse impact upon adjoining properties due to the proposed gravel extraction operation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Acting City Manager and the City Clerk be and are hereby authorized, empowered and directed to execute the attached agreement with Giertz-Melahn Asphalt Company providing for road and parking lot improvements. BE IT FURTHER RESOLVED that this action is taken pursuant to the home rule authority of the City of Elgin. Richard L. Verbic, Mayor Presented: October 29, 1984 Adopted: Vote: Yeas Nays Recorded: Attest: Marie Yearman, City Clerk SPECIFICATIONS DOCUMENTS FOR ELGIN SOFTBALL COMPLEX SPARTAN DRIVE EXTENSION & PARKING LOT IMPROVEMENTS Prepared By: Engineering Division City of Elgin 150 Dexter Court Elgin, IL 60120 AGREEMENT PROVIDING FOR ROAD AND PARKING LOT IMPROVEMENTS THIS AGREEMENT made this day of , 1984, by and between the City of Elgin, an Illinois Municipal Corporation (hereinafter referred to as "Elgin") and Giertz-Melahn Asphalt Company of South Elgin, Illinois (hereinafter referred to as "Giertz-Melahn") as follows: WITNESSETH WHEREAS, the City of Elgin is an Illinois Municipal Corporation and a home rule unit pursuant to Article 7 of the Constitution of the State of Illinois and is thereby empowered to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, Elgin owns certain real property, commonly known as the State Hospital Property, located within the corporate limits of Elgin and upon which there is currently under construction a recreational facility commonly known as the Elgin Softball Complex; and WHEREAS, in order to provide access to and parking for said softball complex the City Council of Elgin has determined that it is necessary and desirable to construct a certain roadway and parking lot improvement upon said State Hospital Property in the manner hereinafter provided; and WHEREAS, Giertz-Melahn has reviewed the plans and specifications for said improvements and has agreed to construct said improvements upon the terms and conditions hereinafter provided; and WHEREAS, in consideration for said construction by Giertz-Melahn, Elgin has agreed to pay to Giertz-Melahn a sum certain or in lieu thereof to enter into an agreement with Giertz-Melahn providing for the extraction of certain gravel deposits located within the State Hospital property conditioned upon the approval of the Illinois Department of Mental Health and necessary rezoning; and WHEREAS, the City Council of the City of Elgin has determined that it is in the best interest of Elgin to enter into said agreement with Giertz-Melahn, as said agreement will ensure that the necessary road and parking lot improvements are promptly and professionally completed and because Giertz-Melahn is uniquely located so as to minimize any adverse impact upon adjoining properties due to the proposed gravel extraction operation. NOW, THEREFORE, in consideration of the mutual promises and conditions contained herein, the parties agree as follows: CITY OF ELGIN GENERAL PROVISIONS • SECTION 1. Definition of Terms 1.1 Department. The City of Elgin Department of Public Works. • 1.2 Engineer. City Engineer of the City of Elgin. 1.3 Inspector. The authorized representative of the Engineer assigned to make detailed inspection of any or all portions of the work or materials therefore. 1.4 Bidder. Any individual, firm or corporation submitting a proposal for the work contemplated. 1.5 Contractor. The bidder awarded the contract for the work. 1 .6 Surety. The corporate body, individual or individuals, which are to be responsible for the bidders acts during execution of the contract in the event of its being awarded to him, or which are bound with and for the contractor to insure his acceptable performance of the contract, his payment of all obligations pertaining to the work, and his fulfill- ment of such other conditions as may be specified or otherwise required by law. 1.7 Plans . All official drawings or reproductions of drawings pertaining to the work provided in the contract. 1.8 Specifications . The general and special provisions, special conditions and detailed specifications contained therein together with written agreements and all other executed documents which describe the method or manner of performing the work, the quantities , or the quality of material to be furnished under the contract. 1.9 Special Provisions. Any and all special directions, provisions, and re- quirements prepared to cover the method or manner of performing work on a particular project, or cover the quantities or quality of the materials to be furnished under the contract, which are not covered herein. The special provisions included in the contract shall govern the work and take precedence over the plans and general provisions wherever they conflict therewith, but they shall not operate to annul those portions of the general provisions with which they are not in conflict. 1.10 Notice of Letting. The official notice inviting proposals for proposed improvements. 1.11 Notice to Bidders. The official notice, included in the proposal, in- viting bids for proposed improvements. 1.12 Proposal. The written offer of the bidder to perform the proposed work. 1 GP 1.13 Prcposal Guaranty. The security designated in the proposal to be furnished by the bidder as a guaranty that said bidder will enter into a contract with the Department for the acceptable performance of the work and will furnish the required contract bond, if the work is awarded to him. 1.14 Award. The decision of the Department to accept the proposal of the lowest responsible bidder for the work, subject to the execution and approval of a satisfactory contract therefore, and bond to secure the performance thereof, and to such other conditions as may be specified or otherwise required by law. 1.15 Contract . The written agreement covering the performance of the work and the furnishing of labor and material for the construction of the work. The contract includes the notice to contractors, proposal , con- tract bond, specifications and plans. • 1.15 Contract Bond. The approved form of security furnished by the Contractor and his surety as a guaranty that he will execute the work in accordance with the terms of the contract. 1.17 The Work. The improvement advertised for letting, described in the pro- posal form indicated on the plans, and covered in the specifications and contract, and authorized alterations, extensions and deductions, includ- ing labor, tools, equipment, materials, and incidentals necessary for the satisfactory completion of the project. SECTION 2. 1� LII RSK, 2 �CILT 1 Contents of the Pr2osal Form. Bidders will be furnished with prop. -1 forms stating the location and description of the work contempla , -- approximate quantities of work to be performed or materia - to be fur ' -hed, the amount of the proposal guaranty, and the da - , time, and place o fling and opening proposals. All documents bo • with or at- tached to - proposal shall be considered a part the. of, and shall not be detached o tered. 2.2 Inter•retation of Es '. ate of Quantities. A stimate of quantities of work to be done and mate '-ls to be furnis• • under the specifications is given in the proposal. is the re - t of careful calculations and is believed to be correct, but Ei only as a basis for comparison of proposals and the award of the tract. The Department does net agree th,:lt the actual quantiti invo d will correspond exactly there- with ; nor shall the bidder • ad misurde -nding or deception because of such estimate of quant' les, or of the ch- -cter, location or other conditions pertaining - the work. 2.3 Exarination of - =ns, Specifications, and Site of Wo The bidder shall, before bmitting his bid carefully examine the p • .sal, plans, specificat' s and form of contract and bond. He shall insp - in detail the site -f the proposed work and familiarize himself with all • -1 con- ditio.- affecting it. If his bid is accepted, he will be responsib for al rrors in his proposal resulting from his failure or neglect to c• . v th these instructions. 2 GP 2.! ' e•aration of the Proposal. The bidder shall submit his proposal o t - forms furnished by the Department. The proposal shall be exec ed pro 'erly, and bids shall be made for all items indicated in the p,•- pose . form. The bidder shall indicate, in figures, a unit price or each • the separate items called for in the proposal; he shal show the pro. cts of the respective quantities and unit prices in . e column provided or that purpose, and the gross sum shown in the p1- e indicated in the pr.. •sal shall be the summation of said products. • unit prices ' shall be c• •itioned on furnishing a bond executed by a c.. .orate surety company satis .-ctory to the Department. All writing sha be with ink or typewriter, - cept the signature of the bidder whic shall be written with ink. If the proposal is -de by an individual, his name nd post office address shall be shoti, :. If made by a fire: or pa ership, the name and post office address o each member of the firm o partnership shall be shown. If made by a co •oration, the proposal . -11 show the name of the State in which the Co .•oration was charte—d, the names, titles and business addresses of e president, sec -tary, and treasurer and seal of the corporation sha be affixed a attested by the secretary. 2.5 Rejection of Proposals. Proposa. s that c• tain omissions, erasures, alterations, additions not calle. for, onditional or alternate bids unless called for, irregularities .f - y kind, or proposals otherwise regular which are not accompanied • ; bank cashier's check, or a bank draft may be rejected as informal o sufficient. 2.6 Proposal Guaranty. Each propose shall a accompanied by a bank draft drawn on the New York, Chicago, •r St . Lo 's Exchange, a bank cashier's check or a properly certified eck for no less than ten (10) percent of the amount of the bid mad- payable to the warding authority. In no case will a proposal guaran : for less than t ee hundred dollars (S300.02.) be accepted. 2.7 Delivery of Proposals. ; oposals shall be delivere prior to the time and at the place indicated the notice to bidders. E' h proposal shall be placed in a sealed e elope clearly marked to indicat its contents. If forwarded by mail t - proposal shall first be placed . the aforesaid en- velope and then pl- ed in an outer envelope addressed t the Department. Only sealed propo als will be accepted. Proposals sent sy mail will not be opened unless received at +he place of letting prior ' o the time of opening proposals. Envelopes po marked prior to th- time of opening proposals will not be accepted. 2.8 Withdrawa of Pr..osals . Permission will be given a bidder to wit aw a propo =1 i he makes such a request in writing prior to the time openin- proposals. If a proposal is withdrawn, the bidder will not b permi " ed to submit another proposal for the same work at the same let 'ng. 2.9 Di- ualification of Bidders. Any one or more of,the following causes may b, consi.ered as sufficient for the disqualification of a bidder and the ejection of his proposal: 3 GP (a) More than one proposal for the same work from an individ = fi • or corporation under the same or different names. • Evidence of collusion among the bidders. (c) ' balanced proposals in which the prices for sm., items are 'not of propo ion to the prices for other items. (d) Failu - to submit a unit price for each it-. of work listed in the proposal. (e) Lack of c• . -tency as revealed by the - tial statement or experience questionnai - required under Artic 2.10. (f) Unsatisfactory p- formance recor• as shown by past work for the Department, judged from • .e standpo' of workmanship and progress. (g) Uncompleted work which ' t- - judgment of the Department, might hinder or prevent the promp' • • •letion of additional work. 2.10 Competency of Bidders. Each bi. -r s -11 furnish the awarding authority, upon request, with satisfact• evident- of his competency to perform the work contemplated. When equested, h- shall submit a statement show- ing his financial conditi.., also, if requ- ted a financial statement shall be prepared by a c- ified public acco •'tant and submitted on forms furnished by the award' _ authority. The bidd- , if requested, shall also answer and submi questionnaires relating t. his experience in per- forming constructio• work similar to that for whic he is offering a proposal. Before an awa • is made, the bidder may, at the option • the awarding authority, b= required to file a statement showing the t' • -, amount and condition • equipment which will be available, and an outl e of his plans for onducting the work, using forms provided by the a - ding authori• . Bef• e an award is made, the bidder may, at the option of the awa •' g a ority, be required to furnish a statement showing the value of a • completed work for which he has entered into contracts. - a • - . - • -- - t E7 3.1 Considerati. - Proposals. The proposals received will be compared on the basis of the s . --tion of the products of the items of work and - unit prices offered. In - - of discrepancies between the - sum shown in the proposal and that ed by add' _ - •uantities of work and unit prices, the unit prices shall _;.-- , and any errors found in said products shall be correcte. • awarding - .tracts, the Department will, in addition to c. ' - - ing the amounts stated in - .roposals, take into considerat e responsibility of the various bidders as • _ -rmined from a st •• of the data required under Section 2.10, and from other f ve ions which it may elect to make. 4 GP The right reserved to reject any or all proposals, to waive technical- ities, and to advertise for new proposals, or to proceed to do the work •therwise if, in its opinion, the best interest of the Department will b= protected thereby. 3.2 Awar• of Contract. Except in cases where the Department exercises the right eserved under Article 3.1 to reject any or all proposals, the ' contract will be awarded by the Department, as soon as practicable after the open •g of proposals, to the bidder who has submitted the lowest pro- posal with all requirements of the specifications as to the responsi- bility of bi.ders. If a contract i. not awarded within sixty (60) days after the opening of proposals, a .•idder may file a written re. -est with the Department for the withdrawn of his bid and the Depa , ent at its discretion, may permit such a with.. awal. 3.3 Return of Pr.•osal Qua' anty. The prop• al guaranties of all except the two lowest bidders w•li •e returned . omptly after proposals have been checked, tabulated and t - relatio of the proposals established. Pro- posal'guaranties of the tom•' to es• bidders will be.iretwrned as soon as the contract and bond of the su• essful bidder have been executed and approved. 3.14 Recuirenent of Contract Bo'd. Th- successful bidder, at the time of the execution of the contras , shall d-•osit with the Department a surety bond for the full amount of the cont -ct. The form of the bond shall be that furnished by the'Department, and ge surety shall be acceptable to the Department. ' 3.5 Execution of the Contract. The contract shal •e executed by the bidder, the bond shall 'be executed by the principal and . eties, and both shall be presented to the Department within fifteen (15 •-ys after the date of notice of the award of the contract. 3.6 Failure to Execute Contract. Failure on the part of the ccessful bidder to execute a contract and an acceptable bond, as pr. 'tied herein, within fifteen (15) days from the date of notice of the awar. of the co tract, will be considered as just cause for the annulment o ee a and and the forfeiture of the proposal guaranty. SECTIO?; 11. Scope of the Work 14.1 Intent of the Plans and Specifications. The intent of the plans and the specifications is to prescribe a complete outline of work which the Contractor undertakes to do in full compliance with the contract. The Contractor shall perform all work as may be necessary to complete the work to the finished lines, grades and cross sections in a substantial and acceptable manner. He shall furnish all required materials, equip- ment, tools, labor and incidentials, unless otherwise provided in the con- tract, and shall include the cost of these items in the contract unit prices for the several units of work. 5 GP 4.2 Alterations, Cancellations, Extensions, and Deductions. The Department reserves the right to alter the plans, extend or shorten the improvement, and such incidental work as necessary, and increase or decrease the quantities of work to be performed to accord with such changes , including the deduction or cancellation of any one or more of the unit price items. Such changes shall not be con- • sidered as a waiver of any condition of the contract nor to invali- - date any of the provisions thereof. A supplemental agreement be- tween the Contractor and the Department will be required where such changes result in net increase or a net decrease in the amount of the contract by twenty-five (25) percent of the original contract price. 4.3 Final Cleaning Up. Upon completion and before final acceptance of the work, the Contractor shall remove from within the limits of the right-of-way, easement, or limits of the improvement all machinery, equipment, surplus material, falsework, excavated and useless mate- rials, rubbish , temporary buildings,barricades and signs, and shall clean up camp sites , plant sites, and storage and siding grounds. The Contractor shall clean of: all cement streaks or drippings, paint smears or drippings , rust stains , oil, grease, bituminous materials , dirt and other foreign materials deposited or accumulated on any structure or curb and gutter due to his operations. SECTION 5. Control of the Work 5.1 Authority of Engineer. All work shall be done under the supervision of the Engineer, and to his satisfaction. He shall decide all ques- tions which arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the work, interpretation of the plans and specifications, accep- table fulfillment of the contract, compensation and disputes and mutual rights between Contractors under the Specifications . He shall determine the amount and quality of work performed and mate- rials furnished, and his decision and estimate shall be final. His estimate shall be a condition precedent to the right of the Contrac- tor to receive money due him under the contract. In case of failure on the part of the contractor to execute work ordered by the Engineer, the Engineer may, at the expiration of a period of forty-eight (48) hours after giving notice in writing to the Contractor, proceed to execute such work as may be deemed neces- sary, and the cost thereof shall be deducted from compensation due or which may become due the contractor under the contract. 5.2 Plans and Working Drawings. Plans showing such details as are necessary to give a comprehensive idea of the construction contem- plated will be furnished by the Department. The contractor shall submit to the Engineer for approval such additional shop working, (Continued) 6 GP or layout drawings pertaining to the construction of the work, as may be required, and the finished work shall conform with such plans and approved working drawings with the exception of such deviations as maybe author- ized by the Engineer in writing. Prior to the approval of Contractor pre- pared working drawings, any work done or materials ordered shall be at the Contractor's risk. The contract price shall include the cost of furnishing such working drawings. 5.3- Coordination of Specifications, Plans, Proposal, and Special Provisions. The specifications, the accompanying plans, the proposal, and all supple- mentary documents are intended to describe a complete work and are essen- tial parts of the contract . A requirement occurring in any of them is binding. In case of discrepancy, figured dimensions shall govern over scaled dimensions, special provisions shall govern over both general pro- visions and plans, and the quantities shown on the plan shall govern over those shown in the proposal. The contractor shall take no advantage of any apparent error or omission in the plans or specifications, and the Engineer shall be permitted to make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the plans and specifications . 5.14 Cooperation with Utilities. All utility appurtenances which are within the limits of the proposed construction are to be moved by the owners at their expense, except as otherwise provided for in the special provisions or as noted on the plans. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present or relocated positions that may be encountered during construction and no additional compensation will be allowed for any delays, inconvenience, or damage sustained by hin due to any interferences from the said utility appurtenances either by the utility company or by him, or on account of any special construction methods required in prosecuting his work due to the existence of said appurtenances either in their present or relocated positions . The contractor shall insure that prompt repairs are to the approval cf the Engineer's effected on any utility appurtenances damaged by him without compensation from the Department. 5.5 Construction Stakes. Construction stakes will be set to mark the general location, alignment, elevation, and grade of the work. The Contractor shall assume full responsibility for dimensions and elevations measured from such stakes. He shall exercise proper care in the preservation of stakes set for his use or the use of the Engineer, and if he displaces, loses, or removes them during his operation, they may be reset at his expense. The Contractor shall furnish at his expense the size, quality, and quantity of stakes required by the Engineer. If he fails to furnish such stakes at the time and place specified, the Engineer may purchase the same and deduct the entire cost from the compensation due the contractor. The Contractor shall, at the request of the Engineer, furnish the necessary labor to set the stakes and make the necessary measurements. He shall be reimbursed for the actual cost of such labor, actual cost to include the time actually 7 GP engaged on such work, but not to include profit, overhead, or rental charge for tools or other equipment. The Contractor shall also be re- imbursed for the actual cost of contractor's bond, public liability and property damage insurance, workmen's compensation insurance and social security tax required for labor in setting stakes and making measure- ments, to which no percent shall be added. 5.6 Inspection. All materials and each part or detail of the work shall be subject at all times to inspection by the Engineer or his Inspectors, and the Contractor will be held strictly to the true intent of the specifi- cations in regard to quality of materials, workmanship, and diligent execu- tion of the contract. The Engineer or his Inspectors shall be allowed access to all parts of the work, and shall be furnished with such informa- tion and assistance by the Contractor as is required to make a complete and detailed inspection. The Contractor shall, if the Engineer requests, remove or uncover such portions of the finished work as the Engineer may direct before final acceptance of the same. After the examination, the Contractor shall re- store said portion of the work to the standard required by the specifica- tions. If the work thus exposed or examined proves acceptable, the ex- pense of uncovering or removing and the replacing of the parts removed shall be paid for as extra work, but if the work so exposed or examined is unacceptable, the expense of uncovering or removing and replacing of the same shall be borne by the Contractor. 5.7 Removal of Defective and Unauthorized Work. Work done without lines and grades being given, or beyond the lines shown on the plans or as given, except as herein provided, or any extra work done without authority will be considered as unauthorized and at the expense of the Contractor, and will not be measured or paid for. Work so done may be ordered removed or replaced at the Contractor's expense. All work which has been rejected or condemned shall be remedied or removed and replaced, in a manner approved by the Engineer, by the Contractor at his awn expense. Upon failure on the part of the Contractor to comply promptly with any order of the Engineer made under the provisions of this article, the Engineer shall, after giving written notice to the Contractor, have the authority to cause defective work to be remedied, or removed and replaced, or to cause unauthorized work to be removed, and deduct the cost thereof from any compensation due or to become due to the Contractor. 5.8 Final Inspection. The Engineer shall make final inspection of all work included in the contract, or any portion thereof one mile or more in length, as soon as practicable after notification in writing by the Contractor that the work is completed and ready for acceptance.. If the work is not accept- able to the Engineer at the time of such inspection, he shall inform the Contractor as to the particular defects to be remedied before final accept- ance can be made. 8 GP SECTION 6. Control of Materials 6.1 Quality of Materials. It is the intent of the specifications that first class materials shall be used throughout the work, and which shall be capable of being incorporated in such a manner as to produce completed construction which is workmanlike and acceptable in every detail. Only ,materials which conform to the plans and specifications stall be incor- porated in the work. When requested by the Engineer, the Contractor shall furnish a notarized statement of the origin, composition, quality, and manufacture of any or all materials that are used in the work. The source of supply of each material used shall be approved by the Engineer before delivery is started. If sources previously approved are found to be unacceptable at any time and fail to produce materials satis- factory to the Department, the Contractor shall at his own expense furnish materials from other approved sources. 6.2 Inspection and Storage of Materials. All materials will be inspected by the Engineer. The contractor s�iall give sufficient advance notice of placing orders to permit tests to be completed before the materials are incorporated in the work, and shall afford such facilities as the Engineer may require for collecting and forwarding samples and making inspections. All samples shall be furnished without charge to the Department. The Contractor shall not make use of or incorporate in the work the materials represented by the samples until tests have been made and materials found to be in accordance with the specifications. If it is necessary to store materials, they shall be protected in such a manner as to insure the preservation of their quality and fitness for the work. All stored material shall be inspected at the time of use in the work, even though they may have been inspected and approved before being placed in storage. Materials stored at the project site shall be placed so as to not create a hazard or nuisance or to in anyway damage private or public property. Storage of materials is at all times subject to the approval of the Engineer. SECTION 7. Legal Relations and Responsibility to Public 7.1 law to be Observed. The Contractor shall at all times observe and comply with all Federal and State Laws, local laws, ordinances and regulations which in any manner affect the conduct of the work, and all such orders or decrees as exist at the present and which maybe enacted later, of legislative bodies or tribunals having legal jurisdiction or authority over the work and no plea of misunderstanding or ignorance thereof will be considered. Fie shall indemnify and save harmless the Department and all of its officers, agents, employees, and servants against any claim or liability arising from or based on the violation of such law, ordinance, regulation, order, or decree, whether by himself or his employees. 9 OP 7.2 Workmen's Compensation Insurance. The Contractor shall maintain insurance covering Workmen' ompensation, or provide satisfactory evidence that this liability is otherwise taken care of in accordance with Section 26 of the "Workmen's Compensation Act of the State of Illinois." - Such insurance, or other means of protection as herein provided shall be kept in full force until all work to be performed under the terms of the contract has been completed and accepted in accordance with the specifications. Failure to maintain such insurance, cancellation by the Industrial Commission of its approval of such other means of pro- tection as might have been elected, or any other act which results in lack of protection under said "Workmen's Compensation Act" may be con- sidered as a breach of Contract. 7.3 Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution. 7.14 Patented Devices, Material and Processes. If any design, device, material or process covered by letters patent or copyright is used by the contractor, whether required or not, he shall provide for such use by suitable legal agreement with the patentee or owner, guaranteeing the Department indemnity from all claims for infringement, and shall include the cost of such agreement in the price bid for the work. 7.5 Restoration of Surfaces Opened by Permit. Any individual, firm or corporation wishing to make an opening In the surface of any public street, road, or highway or other public property must first secure a permit from the Department, and the Contractor shall not allow any person to make an opening unless a duly authorized permit from the Department is presented. The Contractor shall insure that the surface so disrupted by such openings will be replaced as indicated in the "Special Provisions" to the satisfaction of the Engineer. 7.6 Sanitary Provisions . The Contractor shall observe all rules and regula- tions of the State or local health departments, and shall take precau- tions to avoid unsanitary conditions. 7.7 Public Convenience and Safety. The Contractor shall notify the Engineer at least three (3) days in advance of the starting of any construction work which might in any way inconvenience traffic, and the Contractor shall at all times conduct the work in such a manner as to insure the least ob- struction to vehicular and pedestrian traffic. Whenever possible, the Con- tractor shall provide and maintain at his own expense such temporary roads and approaches as may be necessary to provide access to driveways, houses, buildings or other property abutting the improvements. 7.8 Barricades and ikrning Signs. The Contractor shall provide, erect, and maintain such barricades, signs, flags, and lights and the erection and maintenance of same area at all times subject to the approval of the Engineer. (Continued) 10 GP The Contractor will be held responsible for all damage to the work, even though barricades, signs, flags and lights are installed as re- quired above. Whenever evidence of such damage is found prior to acceptance, the Engineer may order the damaged portion immediately removed and replaced by the Contractor at his awn expense. The Con- tractor's responsibility for the maintenance of barricades, signs, flags and lights shall not cease until the work has been accepted. The cost of maintaining barricades, warning signs, red flags and red lights as required herein shall be incidental to the contract and no extra compensation will be allowed. 7.9 Equipment or Pavement and Structure. The pavement and structures on or adjacent to the work shall be protected, in a manner satisfactory to the Engineer, to damage by lugs or cleats on treads or wheels of the equipment. Any damage to adjacent pavement or structures by lugs or cleats or excessive loads from Contractor equipment shall be repaired by the Contractor at his expense as directed by the Engineer. 7 .10 Use of Fire Hydrants.. If the Contractor desires to use water from hydrants, he shall make application to the proper authorities and shall conform to the municipal ordinances, rules or regulations con- cerning their use. Fire hydrants shall be accessible at all times to the Fire Department. No material or other obstructions shall be placed closer to a fire hydrant than is permitted by municipal ordinances, rules or regulations, or within five (5) feet of a fire hydrant , in the absence of such ordin- ances, rules or regulations. 7 .11 Protection and Restoration of Property. If corporate or private prop- erty interferes with the work, the Contractor shall notify, in writing, the owners of such property, advising them of the nature of the inter- ferences and shall arrange to cooperate with them for the protection or disposition of such property. The Contractor shall furnish the Engineer with copies of such notifications and with copies of any agreements be- tween him and the property owners concerning such protection or disposi- tion. The Contractor shall take all necessary precautions for the protection of corporate or private property such as walls, foundations of buildings, vaults, underground structures of public utilities, underground drainage facilities, overhead structures of public utilities, trees, shrubtsry, crops and fences contiguous to the work, of which the contract does not provide for removal. The Contractor shall protect and carefully preserve all official survey monuments, property marks, section markers and Geo- logical Survey Monuments or other similar monuments, until the owner or authorized surveyor or agent has witnessed or otherwise referenced their location or relocation. The Contractor shall notify the Engineer of the presence of any such survey or property monuments as soon as they are discovered. 11 GP The Contractor is responsible for the damage or destruction of property of any character resulting from neglect, misconduct or omission in his manner or method of execution or non-execution of the work, or caused by defective work or the use of unsatisfactory Materials, and such responsibility shall be released until the work -shall have been completed and accepted and the requirements of the specifications complied with. Whenever public or private property is so damaged or destroyed, the Contractor shall, at his own expense, restore such property to a con- dition equal to that existing before such damage or injury was done by repairing, rebuilding or replacing it as may be directed, or he shall otherwise make good such damage or destruction in an acceptable manner. If he fails to do so, the Engineer may, after the expiration of a period of LE hours after giving him notice in -writing, proceed to repair, rebuild or otherwise restore such property as may be deemed necessary, and the cost thereof shall be deducted from any compensation due, or which may become due, the Contractor under his contract. The cost of all materials required and all labor necessary to comply with the above provisions will not be paid for separately, but shall be considered as incidental to the contract. 7.12 Responsibility for Danage Claims. The Contractor shall indemnify and save harmless the Department, its officers and employees and the Engineer, from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of said Contractor, or on account of, or in consequence of, any neglect in safeguarding the work; or through use of defective or unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts arising or recovered under the "Workmen's Compensation Act" or any other law, ordinance, order, or decree; and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary to the Department or in case no money is due, his purety shall be held until such suit or suits, action or actions, claim or claims for in- juries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished the Department. 7.13 Opening of Section of Roadway to Traffic. The work under construction shall not be opened to traffic until authorized by the Engineer in writing. Any such opening shall not be construed as an acceptance of the roadway, or any part of it, or as a waiver of any of the provisions of the contract. At any time prior to final acceptance that work proceeds on a portion of roadway open to traffic the Contractor shall conduct his construction operations, only such materials and equipment shall be placed or stored on the pavement as will be used in any one day's construction operations, and the pavement shall be entirely cleared of all obstructions at night. 12 GP 7.114 Contractors Responsibility for Work. The work shall be under the charge and care of the Contractor until acceptance by the Engineer. The Contractor shall assume all responsibility for injury or damage to the work by the action of the elements or from any other cause whatsoever, whether arising from the execution or non-execution, of the work. The Contractor shall rebuild, repair, restore, and make good, at his expense, all injuries or damages to any portion of the - work occasioned by any of the above causes before its completion and acceptance. When materials are furnished to the Contractor by the Department, for inclusion in the work, the Contractor's responsibility for all such material shall be the same as for materials furnished by him. 7.15 Personal Liability of Public Officials. In carrying out any pro- visions of this contract or in exercising any power or authority granted to hin thereby, there shall be no personal liability upon the Engineer or his representatives, it being understood that in such matters he and they act as agents and representatives of the Department . 7.16 Pre-.-ailinz PrevailingWage Rates. It shall be mandatory upon the Contractor to whom the contract is awarded, and upon any sub-contractor under him, that the general prevailing rate of wages in said municipality for each craft or type of workman or mechanic needed to execute the contract or- perform such work and also, the general prevailing rate for legal holi- day and overtime work as ascertained by the City of Elgin or by the Department of Labor, shall be paid for each craft or type of workman needed to execute the contract or to perform such work. SECTIO'.: E. Prosecution and Progress 8.1 Surlettir. or Assi ent of Contract. If the Contractor sublets the who e or any par, of the work to be done under the contract, he shall not under any circumstances be relieved of his liabilities and obliga- tions. All transactions of the Engineer shall be with the Contractor; subcontractors shall be recognized only in the capacity of employees or workmen and shall be subject to the same requirements as to character and competence. The Contractor shall not assign, transfer, convey, sell, or otherwise dispose of the whole or any part of his contract, his right, title, or interest therein, or his power to execute such contract, to any person, firm, or corporation without written consent of the Engineer. 8.2 Progress Schedule. Promptly after the award of the contract, the Con- tractor shall submit to the Engineer a satisfactory progress schedule which shall show the proposed sequence of work, and how the Contractor proposes to complete various items of work. 8.3 Prosecution of the Work. The Contractor shall begin the work to be per- formed under the contract not later than ten (10) days after execution and acceptance of the contract unless a delay be granted by the Engineer in writing. The work shall be prosecuted in such a manner and with such a supply of materials, and equipment and labor as is considered necessary to insure limits specified in the contract. 13 GP 8.1. Limitations of Operations. The Contractor shall conduct his work so as to create a minimum amount of inconvenience to vehicular and pedes- trian traffic. At any time when in the judgment of the Engineer, the Contractor has obstructed or closed the road without sufficient cause or is carrying on operations on a greater portion of the road than is necessary for the proper prosecution of the work, the Engineer nay re- quire the Contractor to open the section so closed and to finish the section on which work is in progress before work is started on any additional section. 8.5 Character of Workmen and Equipment. The Contractor shall employ only competent and efficient laborers, mechanics, and artisans, and whenever, in the opinion of the Engineer, any employee is careless, incompetent, obstructs the progress of the work, acts contrary to instructions or conducts himself improperly, the Contractor shall, upon request of the Engineer, discharge or otherwise remove him from the work and shall not employ him again, except with the written consent of the Engineer. The equipment used on the work shall be of sufficient size and in such mechanical condition as to meet with the requirements of the work and produce a satisfactory quality of work. All equipment shall be ready for use when required by the Engineer. The Engineer may order the removal of any unsatisfactory equipment and require its replacement wi- h equipment meeting his approval at the Contractor's expense. The measure of capacity and efficiency of equipment shall be its actual performance on the work. 8.6 Suspension of Work. The Engineer shall have authority to suspend the work wholly or in part, for such period of time as he may deem neces- sary, due to conditions unfavorable for the satisfactory prosecution of the work, or to conditions which in his opinion warrant such action; or for such time as is necessary by reason of failure on the part of the Contractor to carry out orders given; or to perform any or all provisions of the contract. No additional compensation will be paid the Contractor because of any costs caused by such suspension, except when the suspension is ordered for reasons not resulting from any act or omission on the part of the Contractor and not related to weather conditions. The Contractor shall not suspend work without written authority from the Engineer. 8.7 Determination and Extension of Contract Time for Completion. The time for completion of contemplated work may be specified in the contract, and it is understood that completion of the work within the time speci- fied is an essential part of the contract. If the Contractor finds it impossible to complete the-work within the time specified in the con- tract, he may, at any time prior to the last ten (10) working days of the time specified, make written request to the Department for an ex- tension of time. He shall set forth in full in his request the reason which he believes justify the granting of his request. If his request is granted the extended time for completion shall then be considered as in effect the same as if it were the original time for completion. 1)4 GP 8.8 Failure to Complete Work on Time. Should the Contractor fail to complete the work within the time specified in the contract or within such extended time as may have been allowed, the Contractor shall be liable to the Department for costs incurred for engineering and in- spection, temporary surfacing, temporary structures, maintenance of that portion of the road uncompleted, maintenance of detours by the Department or Engineer, and all other expenses incurred by the Depart- ' merit by reason of the Contractor's failure to complete the work within the specifies time, and such amount shall be deducted from the monies due the Contractor, not as a penalty but as damages sustained. 8.9 Default on Contract. If the Contractor fails to begin the work under contract within the time specified, or fails to perform the work with sufficient workmen and equipment or with sufficient materials to insure the completion of said work within the specified time, or shall perform the work unsuitable, as determined by the Engineer, or shall neglect or refuse to remove materials or perform anew such work as shall be re- jected as defective and unsuitable, or shall discontinue the prosecu- tion of the work, or if the Contractor shall become insolvent or be de- clared bankrupt, or shall commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the work in a manner approved by the Engineer, the Engineer shall give notice in writing to the Con- tractor and his Surety of such delinquency, and said notice to specify the correction measures required. If the Contractor after a period of ten (10) days after said notice shall not proceed in accordance there- with, the Department shall, upon written certificate from the Engineer of the fact of such delinquency and the Contractor's failure to comply with said notice, have full power and authority to forfeit the right of the Contractor and at its option to call upon the Surety to complete the work in accordance with the terms of the contract, or it may take over the work, including any or all materials and equipment on the grounds as may be suitable and acceptable, and may coQnplete the work by or on its own force account, or may enter into a new agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as, in its opinion, shall be required for the com- pletion of said contract in an acceptable manner. All costs and charges under contract, shall be deducted from any monies due or which may become due on such contract. In case the expense so incurred by the Department shall be less than the sum which would have been payable under the contract- had it been completed by the Contractor, the Con- tractor shall be entitled to receive the difference subject tc any claims for liens thereon which may be filed with the Department, or any prior assignment filed with it, and in case such expense should exceed the sum which would have been payable under the contract, the Contractor and the Surety shall be liable and shall pay to the Depart- ment the amount of such excess. SECTION 9. Measurement and Payment 9.1 Measurement of Quantities. All work completed under the contract will be measured by the Engineer according to United States standard measures. 15 GP No deductions will be made for fixtures in the roadway having an area of nine (9) square feet or less. All longitudinal measurements for areas for base course, surface course, pavement, and shoulder will be along the actual surface of the roadway and not horizontally. • Storm sewer, sanitary sewer, water main, and underground electric con- duit shall be measured parallel to the center line of such item as constructed. For all transverse measurements for areas of base course, surface course, and pavements, the dimensions used in calculating pay areas shall be the exact dimensions shown on the plan or the dimension ordered by the Engineer in writing. 9.2 Scope of Payment. The Contractor shall receive and accept the compen- sation as herein provided, in full payment for furnishing all materials, labor, tools and for all loss or damage arising out of the nature of the work or from action of the elements; for any unf orseen difficulties or obstructions which may arise or be encountered during the prosecution of the work until its final acceptance by the Engineer; for all risks of every description connected with the prosecution of the work; also all expenses incurred by or in consequence of suspension or discon- tinuance of such prosecution of the work as herein specified, or for any infringement of patents, trademarks, or copyrights, and for completing the work in an acceptable manner according to the plans and specifications. 9.3 Increased or Decreased Quantities. Whenever the quantity of any item of work as given in the proposal shall be increased or decreased or any new item of work is authorized in writing by the Engineer the Contractor shall accept payment as follows: (a) All such work and materials as appear in the proposal as a specific item accompanied by unit prices shall be paid for at the con- tract unit price or prices for the work actually done. No allowance will be made for delays or anticipated profits. (b) All such work and materials as do not appear in the proposal or contract as specified items accompanied by unit prices and which are not included under the prices bid for other items in the contract shall be designated as extra work and payment shall be accepted as herein described for extra work. All alterations, cancellations, extensions and deductions shall be authorized in writing by the Engineer before work is started. Such authorizations shall set up items of work involved and the method of payment for each item. Claims for extra -work which have not been authorized in writing by the Engineer will be rejected. 9.1, Payment for !Xtra Work. Extra work will be paid for as follows: (1) Either at a lump sum price or at a unit price agreed upon by the Contractor and Engineer. (2) On the following force account basis: 16 GP (a) Labor. The Contractor will be paid for the actual amount of wages for all labor and foremen in direct charge of the specific work for each hour that said labor and foremen are actually engaged in such work, to which shall be added fifteen (15) percent of the sum thereof. A foreman shall not be used when there are less than two (2) laborers employed, except with written consent of the Engineer- (b) Bond, Insurance, and Tax. The Contractor will receive the actual cost of Contractor's bond, public liability and property damage insurance, Workmen's Compensation insurance, occupational tax and social security tax required for force account work, to which no per- cent shall be added. The Contractor shall furnish satisfactory evidence • of the rate or rates paid for such bond, insurance and tax. (c ) Materials. The Contractor will receive the actual cost for all materials, including freight shown by original receipted invoices and freight bills, which are an integral part of the finished work, to which shall be added fifteen (15) percent of the sum thereof. The Contractor will be reimbursed for any materials used in connection with the work, such as sheeting, falsework, form lumber, burlap paper or straw for curing, trench sheeting, etc., which are not an integral part of the finished work. The amount of reimbursement shall be agreed upon in writing before such work is begun, and no percent shall be added. The salvage value of such materials shall be taken into consideration in the reimbursement agreed upon. (d) Equipment. Machinery and equipment which the Contractor has on the job fcr use on contract, shall be used on extra work as deemed necessary or desirable. The Contractor will be paid for all machinery and equipment used on extra work. The amount of reimbursement shall be agreed upon in writing before such work is begun. 9.5 Payment for Incidental Bills. Upon written order of the Engineer, the Contractor shall pay the bills for incidental expenses, incurred during the performance of extra work on a force account basis, and for this he wi__ be reimbursed for the actual amount so paid out, to which shall be added five (5) percent of the sum thereof. 9.6 Payment for Items Omitted When Partially Completed. Should the Depart- ment cancel or alter any portion of the contract which results in the elimination or non-completion of any portions of the work partially com- pleted the Contractor will be allowed a fair and equitable amount cover- ing all items of work incurred prior to the date of cancellation, altera- tion, or suspension of such work. When such elimination or non-comple- tion involves a net decrease in the amount of the contract of more than twenty-five (25) percent of the original contract price, a supplemental agreement between the Contractor and the Department will be required. 9.7 Partial Payment. At least once each month, when requested by the Con- tractor, in writing, the Engineer will make an approximate estimate, in writing, of the materials in place completed, the amount of work per- formed, and the value thereof, at the contract unit prices. From the 17 GP amount so determined there shall be deducted fifteen (15) percent to be retained until after completion of the entire work, except that no amount less than $500.00 will be so certified unless the total amount of the contract is less than $500.00 In addition, an estimate may, at the discretion of the Department and upon presentation of receipted invoices and freight bills be made for payment of the value of acceptable non-perishable materials delivered on the work or in acceptable storage places and not used at the time of such estimate. Ten (10) percent shall be retained from the value of such materials until final payment. Such materials, when so paid for by the Department, shall become the property of the Department, and in the event of default by the Contractor, the Department, may use or cause to be used such materials in the construction of the work pro- vided for in the contract. The amount thus paid by the Department shall be deducted from estimates due the Contractor as the material is used in the work. Partial payment for work or materials shall not be construed as an acceptance of the work or any part of it, or as a waiver of any provi- sions of the contract. 9.8 Semi-Final Payments. At the discretion of the Department and with the consent of the Surety, a semi-final estimate may be made when the prin- cipal items of work have been substantially completed. Payment to the Contractor under such an estimate shall not exceed eighty-five (85) percent of the amount retained by the Department after making partial payments, but in no event shall the amount retained by the Department be less than $500.00. 9.9 Acceptance and Final Payment. Upon the satisfactory completion of any portion of the work one (1) mile, or more in length, and upon written approval of same by the Engineer, the Contractor shall be relieved of any requirement for further work on such portions and from all liability and responsibility, except that he shall remove any obstructions and repair any damage caused by him subsequent to such approval and prior to final acceptance of the entire section. 'ienever the improvement provided for by the contract shall have been completely performed on the part of the Contractor, and all parts of the work have been approved by the Engineer and accepted by the Department, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements and computation can be made, all prior estimates upon which payments have been made being approximate only and subject to correction in the final payment. The amount of this estimate, less any partial or semi-final payments pre- viously made and less any stars that have been deducted or retained under the provisions of the contract, will be paid to the Contractor as soon as practicatle after the final acceptance, provided the Contractor has furnished to the Department satisfactory evidence that all sirs of money due for any labor, materials, apparatus, fixtures or machinery furnished for the purpose of such improvements have been paid or that 18 GP the person or persons to whom the same may be due have consented to such final payment. The acceptance by the Contractor of the final payment shall constitute -a release and waiver of any and all rights and privileges under the terms of the contract; f rtber, the acceptance by the Contractor of final payment shall relieve the Department from any and all claims or liabilities for anything done or furnished relative to the work or for • any act or neglect on the part of the Department relating to or con- nected with the work. 9.10 Prevailing Wage Rate. It shall be mandatory upon the contractor to whom the contract is awarded, and upon any subcontractor under him, that the general prevailing rate of wages in said municipality for each craft or type of workman or mechanic needed to execute the contract or perform such work, and also the general prevailing rate for legal holiday and overtime work as ascertained by the City of Elgin or by the Department of Labor, shall be paid for each craft or type of workman needed to execute the contract or to perform such work. 19-GP SECTION 10. Consideration--Mining Operations--Payment 10.1 Owner to Seek Mining Authorization. For and in complete consideration of contractor's faithful performance of the promises and obligations contained herein, Owner shall use its best efforts to obtain necessary authorization, as required by certain deed restrictions affecting the State Hospital Property, from the Illinois Department of Mental Health and Developmental Disabilities to permit the limited extraction, mining and processing of gravel from a specified portion of the State Hospital Property, hereafter described. Owner shall further endeavor to obtain necessary zoning amendments to permit said operations. 10.2 Gravel Extraction and Processing Agreement. In the event owner is successful in obtaining the necessary authorization and/or zoning as specified in Section 10.1 , Owner will permit contractor to extract, mine and process sand and gravel from deposits located within a specified portion of the State Hospital Property upon such terms and conditions as shall be mutually agreed to between the parties. Provided, however, prior to any gravel operations the parties shall meet and make a good faith effort to agree as to the terms and conditions of such operation, which terms and conditions shall include, but shall not be limited to, the following: 1 (a) The term of the agreement shall be for not less than 17 years. (b) General operations shall be conducted only in those areas as agreed to by the parties, such area is anticipated to be located in the southeast portion of the State Hospital Property. (c) No royalty shall be assessed during the first two years of such agreement, provided contractor shall be permitted to remove no more than 250,000 tons of gravel products from the specified areas during this time period. (d) Beginning in contract year 3, contractor shall pay to owner a royalty of 10% of the average selling price for all materials. (e) Owner shall be guaranteed a minimum royalty of not less than $200,000 for each five year period of the agreement commencing in r contract year three (i.e., contract years 3 - 7, 8 - 12, 13 - 17). (f) Access to contractor's operation site shall be through contractor's premises located south of the specified extraction area. There shall be no direct access from the operation site to McLean Boulevard. (g) Contractor shall be permitted to conduct normal aggregate extraction and processing of materials on site. Conveyors shall be used wherever practical. Contractor shall be permitted to develop water ponds as necessary for washing and settling of silt materials. No blasting shall be permitted. 20 GP (h) Adverse impact on surrounding land uses shall be considered and efforts shall be made to minimize or eliminate said impact as much as practical including noise and dust control. (i) All necessary state or federal permits shall be obtained and maintained by contractor, including but not limited to, any permits required by the Illinois Environmental Protection Agency and the State of Illinois Department of Mines and Minerals. (j) The agreement shall contain any other provision as agreed to by the parties, including, but not limited to provisions for accounting, insurance, reclamation, detailed operation plans, method and timing of royalty payments, water control, method and hours of operation, guarantees to contractor regarding his right to continue aggregate operations, and any other relevant provision. 10.3 Parties Must Agree to All Terms. Neither party shall be required to enter into any agreement as specified in Section 10.2 unless and until they agree to all the terms thereof including any terms or conditions not specifically mentioned herein. 10.4 Payment in Lieu of Mining Right. In the event the owner is unable to obtain the necessary authorization and rezoning as provided in Section 10.1 and/or the parties are unable to reach final agreement as to the terms and conditions for the proposed aggregate mining and processing contract, by May I , 1985, or any mutually agreed extension, then, and in that event, owner shall pay to contractor the sum of $252,995.00 as full and complete compensation and consideration for contractor's faithful performance hereunder. Payment shall be due and payable upon satisfactory completion and acceptance of the work provided for herein or May I , 1985, whichever occurs later. 21 GP SPECIAL PROVISIONS ELGIN SOFTBALL COMPLEX SPARTAN DRIVE EXTENSION AND PARKING LOT IMPROVEMENTS 1 . GENERAL: Except as may be modified herein this work shall be performed in accordance with the "Standard Specifications for Road and Bridge Construction", most recent edition as adopted by the Illinois Department of Transportation. 2. EARTH EXCAVATION: This work shall include the removal of the organic material from the area of the proposed roadway as shown on the plans. This material shall be stock piled in the locations designated by the Engineer, but shall not be placed any further than 400 feet from the site of excavation. This work shall be paid at the contract unit price per cubic yard for " EARTH EXCAVATION". 3. POROUS GRANULAR EMBANKMENT: This work shall include the excavation, trans- portation, placement and compaction of bank run gravel available on site. This material shall be placed in no greater than 12 ipch loose lifts and compacted to 95 of optimum density before placing the next, lEft. All work necessary to complete this work shall be paid for at the contract unit price per cubic yard for "Porous Granular Embankment". 4. 6" BANK RUN BASE COURSE: This work shall be performed in the same manner as outlined in Paragraph 3 of these Special Provisions with the exception that the material shall be placed on the prepared subgrade in a single compacted 6 inch lift. This work shall be paid for at the contract unit price per square yard for "6" BANK RUN BASE COURSE". 5. TREE REMOVAL , CONSTRUCTION STAKING AND 24 INCH R.C.P. STORM SEWER: This work shall be performed by the City of Elgin as work progresses. Based on the Contractors work schedule, City crews will remove trees as requested by the contractor. The 24" R.C.P. Storm Sewer shall be placed by the City during the placement of the POROUS GRANULAR EMBANKMENT. This pipe shall not be installed until , in the opinion of the Engineer, there is sufficient cover available to protect it from any further necessary filling. Construction Staking shall be done once at the offsets and intervals requested by the Contractor. Any stakes removed by the contractors negligence will be replaced at the Contractors expense for time and materials. 6. TRAFFIC CONTROL: A portion of the Spartan Drive Extension will be done at the intersection of McLean Boulevard. McLean Boulevard is the busiest street in Elgin and will require special attention by the Contractor to avoid conflicts with traffic moving to and from Elgin Community College. The contractc'- shall maintain two lanes of McLean Boulevard for thru traffic at all times. TRAFFIC CONTROL (Con't) No additional compensation shall be considered for the control of traffic on McLean Boulevard and TRAFFIC CONTROL shall be considered as incidental to the cost of the contract. 7. All work to be performed under this contract shall be completed by June 1 , 1985. -2- PROPOSAL SHEET FIAr'E OF PROJECT: Elgin Softball Complex - Spartan Drivc Extension & Parking Lot Improvemet CONTRACTOR: Giertz-Melahn Asphalt Co_ , Inc. , P c1 Rnx 237, S Elgin, IL 60177-0237 DATE: 10-18-84 ESTIMATED UNIT QUANTITY PRICE TOTAL 1 1 . Earth Excavation 3,500 C.Y. ! 7.25 25,375.00 2. Porous Granular Embankment 2,800 C.Y. 8.00 22,400.00 3. 6" Bank Run Base Course 26,900 S.Y. 1 .35 36,315.00 4. 3" C.A.6 Crushed Stone Base Course 26,900 S.Y. 1 .45 39,005.00 5. MC 30 Prime Coat 32,000 S.Y. .35 11 ,200.00 6. 1'z" Binder 32,000 S.Y. 1 .85 59,200.00 7. 1 " B5 Surface 32,000 S.Y. 1 .50 48,000.00 3. Concrete Rip-Rap, 12" deep 400 S.Y. 15.00 6,000.00 9. Concrete Barrier Curb, 6" X 18" 250 L .F. 12.00 3,000.00 TOTAL 250,495.00 ASPHALT PAVING giertz-%elahn Asphalt Co. CONTRACTORS INCORPORATED ROADS STREETS -:- AIRPORTS -:- INDUSTRIAL DRIVEWAYS PARKING AREAS ENGINEERS TELEPHONES: P. O. BOX 237 OFFICE. 312 741-4296 SOUTH ELGIN, ILLINOIS 60177-0237 City of Elgin PROPOSAL c/o Jack Shales 125-1/2 S. Grove Avenue October 3 1984 Elgin, Illinois 60120 Alternate Bid #3 Dear Sir: The undersigned proposes to furnish all materials and perform all labor necessary to complete the following: Elgin Softball Complex, Spartan Drive extension and parking lots 1. Earth excavation 3500 CY @ $ 7.25 S 25,375.00 2. Porous granular embankment 2800 CY @ 8.00 22,400.00 3. 6" bank run base course 26900 SY @ 1.35 36,315.00 4. 3" C.A.6 'crushed stone base course 26900 SY @ 1.45 39,005.00 5. MC 30 prime coat 32000 SY @ 35 11,200.00 6. 1-1/2" binder 32000 SY @ L.85 59.200.00 7. 1" B5 surface 32000 SY @ 1.50 48.000.00 8. Concrete Rip-Rap, 12" deep 400 SY @ 15.00 6,000.00 9. Concrete barrier curb,„ 6"x18" 250 LF @ 12:00 _ 3,000.00 10. Cost of bond LS _ 2,500.00 TOTAL t2c2,9g5,Il11 No tree removal or disposal in the above work. Excess dirt to be stockpiled within 400' of cut area. Onsite materials to be used for e porous granular embankment and the 6" bank run base course. ��/ All of the above work to be completed in a substantial and workmanlike manner for the sum of ($ ) Dollars Payments to be made each _as the work progresses to the value of (_7c) per cent of all work completed. The entire amount of contract to be paid within days after completion. Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon written orders for same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing. The Contractor agrees to carry Workmen's Compensation and Public Liability Insurance, also to pay all Sales Taxes, Old Age Benefit and Unemployment Compensation Taxes upon the material and labor furnished under this contract, as required by the United States Government and the State in which this work is performed. Respectfully submitted, ,t1'Z—HELAHN ASPHALT CO., 'INC. ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which the undersigned agrees to pay the amount mentioned in said proposal, and according to the terms thereof. Date 19 MFD INUS A. • CONTRACT I. THIS AGREEMENT,made and concluded this day of 19 ,between the of (City,Town or Village) acting by and through its Council or President and Board of Trustees, known as the party of the first part, and his/their executors,administrators.successors or assigns,known as the party of the second part. 2. WITNESSETH That fur and in consideration of the payments and agreements mentioned in the Proposal hereto attached. to he made and performed by the party of the first part, and according to the terms expressed in the Bond referring to these presents. the party of the second part agrees with said party of the first part at his;'their own proper cost and expense to do all the work, furnish all materials and all labor necessary to complete the work in accordance with the plans and specifications hereinafter described,and in full compliance with all of the terms of this agreement and the requirements of the Engineer under it. 3 And it is also understood and agreed that the SiMilliliamikliminok Special Provisions. Proposal and Contract Bond hereto attached, and the Plans for Section , in approted by the Department of Transportation of the State of Ihinois 19 .are all essential documents of this contract and are a part hereof. 4. IN WITNESS WHEREOF.The said parties have executed these presents on the date above mentioned. Attest The of (City,Town or Village) Clerk By _ (City,Town or Village) Mayor-President Party of the First Part (Seal1 (If a Corporation) Attest Corporate Name By Secretary President Party of the Second Part (If a Co-Partnership) (Seal) (Corporate Seal) (Seal) (Seal) Partners doing Business under the firm name of Party of the Second Part (If an Individual) (Seal) Party of the Second Part Form BLR 295 (Rev. 11.72) CONTRACT BOND (Corporation) KNOW ALL MEN BY THESE PRESENTS,That we a corporation organized under the laws of the State of and licensed to do business in the State of Illinois,as Principal,and a corporation organized and existing under the laws of the State of ,with authority to do business in the State of Illinois,as Surety,are held and firmly bound unto the (City.Town or Village) of ,State of Illinois,in the penal sum of Dollars ($ ), lawful money of the United States,well and truly to be paid unto said (City.Town or Village) of ,for the payment of which we bind ourselves,our successors and assigns, jointly,severally,and firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that whereas, the said Principal has entered into a written contract with the of (City.Town or Village) acting through the Council or President and Board of Trustees,of said (City,Town or Village) for the construction of the work on Spartan Drive , Extension to Spartan Drive • (Municipal Street Name) (Municipal Street Name) and Parking Lot Improvements to the Elgin Softball Complex. in ,which contract is hereby referred to and (City.Town or Village) made a part hereof, as if written herein at length.and whereby the said Principal has promised and agreed to perform said work in accordance with the terms of said contract, and has promised to pay all sums of money due for any labor, materials, apparatus, fixtures or machinery furnished to such Principal for the purpose of performing such work and has further agreed to pay all direct and indirect damages to any person, frim, company, or corporation suffered or sustained on account of the performance of such work during the time thereof and until such work is completed and accepted;and has further agreed that this bond shall inure to the benefit of any person, firm, company, or corporation, to whom any money may be due from the Principal, subcontractor or otherwise,for any such labor,materials, apparatus,fixtures or machinery so furnished and that suit may be maintained on such bond by any such person,firm,company,or corporation,for the recovery of any such money. NOW THEREFORE, if the said Principal shall well and truly perform said work in accordance with the terms of said contract, and shall pay all sums of money due or to become due for any labor, materials, apparatus, fixtures or machinery furnished to him for the purpose of constructing such work, and shall commence and complete the work within the time prescribed in said contract, and shall pay and discharge all damages, direct and indirect, that may be suffered or sustained on account of such work during the time of the performance thereof and until the said work shall have been accepted,and shall hold the of (City,Town or Village) and the Council or President and Board of Trustees,harmless on account of any such damages, and shall in all respects fully and faithfully comply with all the provisions, conditions, and requirements of said contract,then this obligation to be void;otherwise to remain in full force and effect. Form BLR 298 (Rev.11-72) IN WITNESS WHEREOF,We have duly executed the foregoing Obligation this day of ,A.D. 19 Corporate Name By (Seal) President. Attest (Seal) Secretary Surety State of ss. By (Seal) County of Attorney in Fact I, ,a Notary Public in and for said county,in the State aforesaid,do hereby certify that and to me personally known to be president and secretary respectively of ,a corporation,and also known to me to be persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such president and secretary respectively they signed, sealed and delivered the said instrument as the free and voluntary act of said corporation, for the uses an purposes therein set forth,and that they were duly authorized to execute the same by the board of directors of said corporatii: Given under my hand an_ Notarial seal this day of A.D. 19 Notary Public State of ss. County of 1, ,a Notary Public in and for said county,in the State aforesaid,do hereby certify that (Attorney in Fact) ,who is personally known to me to be the same person who signed the above and foregoing instrument as the Attorney in Fact for (Surety Company) appeared before me this day in person and acknowledged that he executed the foregoing instrument under authority given him as the free and voluntary act of said surety,for the uses and purposes therein set forth. Given under my hand and Notarial seal,this day of A.D. 19 Notary Public Approved this day of ,A.D. 19 Attest: Council or President and Board of Trustees BY Mayor-President Clerk (City,Town or Village) (Municipal Seal)