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HomeMy WebLinkAbout06-208 Resolution No.06-208 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH EHLERS & ASSOCIATES, INC. FOR TIF CONSULTING SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager,and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Ehlers&Associates,Inc. for TIF consulting services regarding extension of the South Grove TIF District and possible Grove Avenue/Lincoln Avenue TIF study area, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock,Mayor Presented: August 23, 2006 Adopted: August 23, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk r . Professional Services Agreement THIS AGREEMENT is made and entered into this 21 day of July, 2006 by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City"), and Ehlers & Associates, Inc., an Illinois corporation, located at 550 Warrenville Road, Suite 220 in Lisle, Illinois (hereinafter referred to as "Consultant"). Whereas, the City has determined it to be in its best interests to obtain the assistance of a consultant concerning the various studies, analyses and report preparation leading to consideration of the possible extension of the Tax Increment Financing Redevelopment Project Area for South Grove Avenue and analysis and report preparation leading to the consideration of the possible establishment of a Tax Increment Financing Redevelopment Project Area for the Grove Avenue/Lincoln Avenue Area. Whereas, Consultant is experienced in all aspects of the tax increment financing study and planning process and desires to render Consultant services to the City. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Scope of Work Consultant shall perform and direct the necessary qualified personnel to perform the services for the Scope of Services proposal, a copy of which is attached hereto and made a part hereof as Attachment A. 2. Time Schedule and Term Consultant shall perform and complete the various services and tasks in Exhibit 1 hereto according to the time line included in Exhibit 1. Alterations to the time line may be made by mutual written agreement of the parties. 3. Study Area The primary study area for this Agreement is generally defined by the boundaries of the existing South Grove Avenue TIF District and the boundaries of the D.C. Cook Communications Facility located at 840 North Grove Avenue, Elgin, Illinois. 4. Fee So long as Consultant is discharging its obligations hereunder to the reasonable satisfaction of City, Consultant shall be paid a total maximum fee for such services not to exceed $50,000 in total for all tasks combined regardless of the actual cost and expenses incurred by the Consultant. Said fee is divided as follows: South Grove TIF extension $25,000; Grove/Lincoln TIF Study$25,000. All payment and fees paid to Consultant shall be made pursuant to fee rates provided for in Attachment A; provided however, that in no event shall City be obligated to Consultant for any payment which exceeds the aforementioned total maximum fee provided for by this paragraph. Progress Payments Each month the Consultant shall provide an invoice that describes the invoice period, the services rendered (including percent work completed), fees and expenses due, payment due date, billing history, and other information as may be required by City. Undisputed portions of payments shall be paid within thirty (30) days. Additional Services Additional services and expenses by the Consultant beyond the Scope of Work of this contract shall require prior written approval of the City Council. 5. Rights in Results of Services The results of Consultant's services under this Agreement shall be the exclusive property of City, and all documents (including, without limitation, all writings, drawings, blueprints, pictures, recordings, computer or machine-readable data, and all copies or reproduction hereof) which describe or relate to the services performed or to be performed pursuant to this Agreement or the results thereof, including, without limitation, all notes, data, reports or other information received or generated in the performance of this Agreement shall be the exclusive property of City and shall be delivered to City upon request (except for one copy, which may be retained by Consultant for its confidential files). No articles, papers, treatises, or presentation related to or in any way based upon or associated with the services performed pursuant to this Agreement shall be presented or submitted for publication without the prior written consent of City. It is agreed that the results of Consultant's services and the work product provided under this Agreement are not intended or represented to be suitable for reuse by the City on any project not contemplated by this Agreement and such reuse shall be without liability to the Consultant. 2 6. Other Agreements Consultant warrants that it is not a party to any other existing or previous agreement which would prevent Consultant from entering into this Agreement or which would adversely affect Consultant's ability to perform services under this Agreement. During the term of this Agreement, Consultant shall not, without the prior written consent of City, perform services for any persons, firm or corporation other than City if such services could foreseeably lead to a conflict with Consultant's obligations under this Agreement. 7. Subcontracting If Consultant intends to hire or retain any person, firm or corporation to perform services under this Agreement, Consultant shall first secure the written agreement of such party that such party (1) shall assume and agree to be bound by the same obligations as Consultant has assumed under the provisions of this Agreement, and (2) that such party shall not be or act as an agent or employee of City, not assume or create a commitment or obligation on behalf of nor bind City in any respect whatsoever. Consultant shall provide City with a copy of each such written agreement. Prior to subcontracting, Contractor shall obtain prior written approval of the City for each individual subcontractor. City shall have the right to refuse approval of any subcontractor for any reason. Any fees, payments or other costs associated with any sub contractor or other persons or firm shall be at the sole cost of the Consultant payable from the fees the City is paying to Consultant pursuant to this Agreement. 8. Assignment Neither this Agreement nor any of the rights or obligations hereunder may be assigned or otherwise transferred by Consultant, nor shall the benefits of this Agreement inure to the benefit of any trustee in bankruptcy, receiver or creditor of either party, except as may be required by law, whether by operation of law or otherwise, without the prior written consent of either party. Any attempt to assign or transfer this Agreement or any rights hereunder without such consent shall be null and void and of no force or effect. 9. Independent Contractor This Agreement shall not be construed so as to create a partnership, joint venture, employment or any agency relationship between the parties hereto. 3 10. Licenses Consultant shall obtain at its cost any and all licenses required by federal, state, or local statues, regulations or ordinances necessary for the performance of its serves pursuant to this Agreement. 11. Compliance with Laws Consultant shall at all times impose work orders on its employees and subcontractors which are designed to assure that they comply with all applicable federal, state and local laws and regulations (including, but not limited to, occupational safely and environmental protection statutes and regulations) in performing services hereunder, and shall comply with any directions of governmental agencies and City relating to site safety, security, traffic or other matters. Failure to comply with this Section shall constitute a material breach of this Agreement, and shall entitle City to terminate this Agreement upon ten (10) days written notice without penalty to City. 12. Indemnification of City of Elgin Consultant shall defend, hold harmless and indemnify City from and against any and all suits, causes of action, claims for damages, damages and any other liability of whatever nature caused by the negligent acts of the Consultant, its collaborating firms, its subcontractors or agents in the performance of this Agreement. In the event the City invokes the provisions of this paragraph, counsel for the City shall be of the City's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. 13.Force Majeure The Consultant shall not be liable to the City for any failure, delay or interruption of service or for any failure or delay in the performance of any obligation under this Agreement due to strike, walkouts, acts of God, governmental restrictions, enemy action, civil commotion, unavoidable casualty, unavailability of fuel or parts or other similar acts beyond the reasonable control of the Consultant. 14. Consultant's Insurance Consultant shall obtain and maintain the following policies of insurance: it/ 1r•(1) Worker's compensation and .- _ _ - ••• •' -. - •__ ce in amounts required under the laws of the State of Illinois; 4 (2) Commercial general liability and automobile liability insurance for bodily injury, death or loss of or damage to property of third persons in the minimum amount of $1 million per occurrence which policy shall name City as additional insured. Consultant shall furnish to City of Elgin a certificate of insurance evidencing such policies concurrently with the execution of this Agreement. (3) Professional liability insurance for errors and omissions in the minimum amount of $1 million per claim and in aggregate. Consultant shall furnish to the City a Certificate of Insurance as evidence of such policy concurrently with the execution of this Agreement. 15. Severability If any portion of this Agreement, or application thereof to any person or circumstance, shall to any extent be deemed to be invalid, void, or otherwise unenforceable for any reason, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of this Agreement shall be valid and shall remain in full force and effect. 16. Governing Law Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. This agreement shall be subject to and governed by the laws of the State of Illinois. 17. Termination The City may by written notice to the Consultant terminate the whole or any part of this contract if the Consultant fails to make delivery of the services within the time specified herein or any extension thereof; or if the contractor fails to perform any of the other provisions of the contract, or fails to make progress so as to endanger performance of this contract in accordance with its terms, and in either of these two circumstance does not cure such failure within then (10) days (or such longer period as the City may authorize in writing)after receipt of notice from the City specifying such failure. In the event this Agreement is so terminated, the Consultant shall be paid for services actually performed and reasonable expenses actually incurred prior to termination according to the rates set forth in Exhibit 1 attached hereto, except that such payment and reimbursement shall in no event exceed the amount specified under Section 4 above. 18. News Releases The Consultant may not issue any news releases without prior approval from the City, nor will the Consultant make public proposals developed under this Agreement without 5 prior written approval from the City prior to said documentation becoming matters of public record. 19. Entire Agreement This Agreement contains the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes all previous communication, negotiations and agreements, whether oral or written, between the parties hereto with respect to such subject matter, and no additions to or modifications of this Agreement or waiver of any provisions of this Agreement shall be binding on either party unless made in writing and executed by City. 20. Notices Communication to the Consultant means notice in writing to: Ms. Lisa M. Lyon, Ehlers & Associates Inc., 550 Warrenville Road, Suite 220, Lisle, IL 60532. Communication to the City means notice to the contracting officer in writing to: Raymond H. Moller, City of Elgin, 150 Dexter Court, Elgin, IL 60120. 21. No Personal Liability No officer, director, or employee of the City or of the Consultant shall be personally liable for the fulfillment of the conditions of this Agreement. 22. Cost and Quantity Opinions In providing estimated construction costs, the City understands that the Consultant is not an architect or engineer and is not qualified to provide opinions of probable cost and will therefore rely on cost estimates prepared by representatives of the City of Elgin or other secondary data sources. The Consultant makes no warranty, express or implied, that the bids or the negotiated cost of the work will not vary from the Consultant's estimates of future construction costs. 23. Standards of Care In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. 6 The terms and condition set forth herein are accepted as of the 21 day of July, 2006. CITY OF ELGIN EHLERS & ASSOCIATES, INC. ILIVIIIIS B y7itlk. —-4. - 0)A4`44-4-"--- r Olufemi Fol. �City Man ger Tit ,l j.,„...,__ /e.c-cam - 4. 't.e4,„fr- Attest: ____a4:012-___PV-Sic____ Dolonna Mecum, City Clerk 7 I 4CbR[ , CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDlYYYY) 07/20/2006 PRODUCE i(612)333-4455 FAX (612)333-8646 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DAVID AGENCY INC ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE 6800 FRANCE AVE SOUTH #350 HOLD R.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTS THE COVERAGE AFFORDED BY THE POLICIES BELOW. EDINA,1MN 55435 I 1 INSURERS AFFORDING COVERAGE NAIC# INSURED EHLERS AND ASSOCIATES INC INSURERA: CINCINNATI INSURANCE CO 3b60 CENTRE POINTE DRIVE INSURERB ROSEVILLE, MN 55113-1105 INSURER C:', INSURER D; i INSURER E:i COVERA ES THE POL CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED!ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY RE IREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITIf RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PE TAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIE .AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL. i POLICY EFFECTIVE POLICY EXPIRATION LTR !NSW) , TYPE OF INSURANCE POLICY NUMBER DATE IMMID DATE IMMIDDIYYI LIMITS #ENERALLIABILm' BOP2093517 01/01/2006 01/01/2007 EACH OCCURRENCE $ 1,000,000 ?( COMMERCIAL GENERAL LIABILITY f DAMAGE TO RENTED 1,000000 PREMISES!Fa nrryrance) f CLAMS MADE OCCUR j I I X MED EXP(Arty one person) S 5,000 A T- PERSONAL&ADV INJURY — f 1,000,000 GENERAL AGGREGATE S 6 EN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG f 1,000,000 POLICY n JJ1- n LOC ---4 /tUTOMOBILE LIABILITY BOP2093517 01/01/2006 01/01/2007 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) f 1 000,000 I ALL OWNED AUTOS ' BODILY INJURY f A T SCHEDULED AUTOS (Per person) — HIRED AUTOS BODILY INJURY $ 1( NON-OWNED AUTOS (Per accident) -I 1 PROPERTY DAMAGE (Per accident) S - RAGE LIABILITY AUTO ONLY-EA ACCIDENT f IAT-ANY AUTO EA ACC f OTHER THAN 111� ( AUTO ONLY AGG S - EXCESSI MBRELLA LIABILITY EACH OCCURRENCE $ 7 OCCUR n CLAIMS MADE AGGREGATE $ - 1 s _ , , _TH DEDUCTIBLE i S - RETENTION $ S WORKERS COMPENSATION AND WC1908214-09 01/01/2006 01/01/2007 X + ToRVT W5 I I ER EMPL RS'LIABILITY i E.L.EACH ACCIDENT f 500,000_ A ANY IETORIPARTNERIEXECUTIVE OyyFRsC EMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE f 500,000_ SPECIAL PROVISIONS below ! E.L.DISEASE-POLICY LIMIT 5 500,000 OTHER] i 1 i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Elgin shall be an additional insured for General Liability and Automobile Liability as respect their iiltterest in work done for them by the Named Insured I ! • 1 CERTIFICJ TE HOLDER CANCELLATION I I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA'11ON DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Elgin BUT FA LURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABLITY 150 Dexter Court OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Elgin, IL 60102 AUTHORIZED REPRESENTATIVE I RICHARD DEVINE/CLCSR1 i- bad ACORD 215(2001108) ©ACORD CORPORATION 1988 unaaa. veycv/vv Lama. sell cra Lv: Lssa/ a414.CL'af s nUDVG - 1L e 1oavc I.1..2Q02 cnva. vvs• vvc i I IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(tes)must be endorsed. A statement on this certificate does not confer rights to the certificate holder lin lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,anb the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. I ' ACORD 25(2001/08) i , ,tug. cu. MO y. L MM tnLtna d linUt,J NU Ib0 V. I *S"1A" AMERICAN INTERNATIONAL SPECIALTY LINES 1 ill INSURANCE COIVIIPANY %pm(' A Member Company of American International Group, Inc_ (hereinafter we, us or our) A Capital Stock Insurance;Company 175 Water Street New York, NY 10038 NOTICE: THIS INSURER IS NOT LICENSED IN THE STATE OF NEW YORK AND IS NOT SUBJECT TO ITS'SUPERVISION. i MISCELLANEOUS PROFESSIONAL LIABILITY POLICY i i TICE: THIS IS A CLAIMS MADE POLICY. EXCEPT TOE SUCH EXTENT AS MAY OTHERWISE BE OVIDEb HEREIN, THE COVERAGE OF THIS POLICY IS ;LIMITED TO LIABILITY FOR ONLY THOSE E CLAIMS THAT ARE FIRST MADE AGAINST YOU AND REPORTED IN WRITING TO US DURING THE POLICY PERIOD. PLEASE READ THE POLICY CAREFULLY AND DISCUSS THE COVERAGE THEREUNDER WITH YOUR INSURANCE AGENT OR BROKER, . [ THE LIMIT OF LIABILITY AVAILABLE TO PAY JUDGMENTS bR SETTLEMENTS SHALL BE REDUCED BY ' CR.AIM EXPENSES. FURTHER NOTE THAT AMOUNTS INCURRED FOR CLAIM EXPENSES SHALL BE APPLIED AGAINST THE RETENTION. REPLACEMENT OF POLICY NUMBER: M1-60-99 POLICY NUMBER: 494-05-67 DECLAMATIONS THIS INSURANCE 18 ISSUED PURSUANT TO THE Item 1. Named Insured: EHLERS & ASSOCIATES INC MINNESOTA SURPLUS LINES INSURANCE ACT_ THE INSURER IS AN ELIGIBLE SURPLUS LINES INSURER, Address: RUT IT IS NOT OTHERWISE LICENSED BY THE STATE OF 3060 CENTRE POINTE DR ,tame.%SOTA IN CASE OF INSOLVENCY PAYMENT OF - SAINT PAUL, AR( 55112-1122'CLAIMS 1S NOT GUARANTEED, Item 2. Policy period: From November 27, 2005 to November 27, 2006 ' at 12:01 A.M. standard time at the address of the named insured as stated above. item 3. Limits of Liability (inclusive of claim expenses) ', 32,000,000 each wrongful act $2,000,000 aggrebate iteem 4. Retention: $25,000 each Wrongful aot i Item 5. Premium: $22,96U ■ Premium for Certified Acts of Terrorism Coverage under Terrorism Risk Insurance Act 2002: $227 included in policy premium. 1 Any coverage provided for losses caused by an act of terrorism as ' defined by TRIA (TRIA Losses/ may be partially reimbursed by the United States under a formula established by TRIA as follows: 90% of ■ TRIA Losses in excess of the insurer deductible mandated by TRU, the deductible to be based on a percentage ortbe insurer's direct earned premiums for the year preceding the act of terrorism. 11036316 A copy of the TRIA disclosure sent with the original quote is i attached hereto. 7432 (4/02) 1 i -0 O F Gs,� ti • City of Elgin, Illinois Certification Requirements Please submit all required forms and documentation, fully completed and signed,with your proposal. No proposal will be accepted without this information. 1 To assure compliance with the City of Elgin's Affirmative Action Ordinance,all contractors and vendors. Herein referred to as"bidders",are requested to submit the following information: A. Workforce analysis using the enclosed Bidder's Employee Utilization form. B. Provide the information required in Item#3 on the employee utilization form if the answer to Question#2 on the form is"Yes". C. Provide a written commitment outlining the steps that the bidder plans to take in the area of recruitment and promotion of minorities and females to assure equal employment opportunity.(A copy of the bidder's affirmative action plan may be submitted in lieu of this requirement.) 2. To assure compliance with the City of Elgin's Sexual Harassment Ordinance,all bidders must submit a signed sexual harassment form enclosed with the Invitation to Bid. 3. The undersigned certifies that the offerer is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax. 4. The undersigned certifies that the offerer is not barred from offering on this solicitation as a result of a conviction for the violation of State law prohibiting bid-rigging or bid-rotating. 5. The successful bidder agrees that upon acceptance by the City of Elgin,the executed Invitation to Bid along with all instructions,conditions,and specifications attached thereto constitute a binding contract which may be enforced by the city. Signature/Title a, d E galhitYPiA►e Company Name IeA2S c t 01- .s„.0 • Address 550 sfu ui r..v et i 1z b (At-,AI kA9tis Phone Number (pip. 01 I. 333 D FEIN No. [,1(-oe 3'15 416 EQUAL EMPLOYMENT OPPORTUNITY Ehlers &Associates is an equal opportunity employer. Accordingly, any recruitment, selection, promotion,transfer, discipline/corrective action, compensation, training and other terms and conditions of employment shall occur without regard to race, color, creed, religion, national origin, sex, marital status, veteran/military status, disability, age, status in regard to public assistance, membership or activity in a local human rights commission, sexual orientation or any other characteristic protected by law. No individual will be denied nor receive special employment opportunities based on membership status in any protected category. Every employee of Ehlers is expected to support this equal opportunity and non-discrimination commitment by conducting him/herself in a manner that is consistent with the intent and spirit of this policy. Any individual who believes he or she has experienced or observed behavior allegedly contrary to this policy is expected to report that information to the Human Resource Director, President or Chairman of the Board of Directors.All such reports of action allegedly contrary to this policy will be addressed, including being investigated as appropriate. Individuals found to have violated Ehlers' equal employment opportunity policy will be subject to corrective action, up to and including termination of employment. No individual will be retaliated against for making a good faith report of behavior allegedly contrary to this policy. Equal Employment Opportunity Officer Kristie Van Bogart 3060 Centre Pointe Drive Roseville, MN 55113 651-697-8500 \-C.( OF Esc ci °''.IIrED t‘-'. City of Elgin,Illinois BIDDER'S EMPLOYEE UTILIZATION FORM This report is required by the City of Elgin and must be submitted before the contract can be awarded. Chapter 3.12.1000 Affirmative Action-City Contracts 1.Name and Address of Bidder 2. Description of Project L►^Leafs.► Acrcrkaa-rs _i 1,W ceett.Wuvt- -✓1 ciµ 01 i SA-C, 2 W is SIt A-l ,J -Li C.to / 1 L (cDS37_ altsul h) P.A.a di`c GA . JOB CATEGORIES Total Whites Blacks Hispanics Asians or American Minority Female(All Employees Pacific Indians (M&F) Categories) Islanders M / F M / F M / F M / F M / F Example:Managers 18 3/5 3/2 4/0 0/1 0/0 55.6% 44.4% (10/18) (8/18) Sento!( 'FA- .LP cl1 bib U/G U%D 0/0 6% li% r✓ GYIGf1LACA. 33 2 //5 / '% c j0 � 990 36 �b A-1 G�(�S I- 2._6 0 11- > OA °/6 v/r� CVO D % f 6 6% Al! wp rt;s iyAh4 D 11-7- 60 D/U 0/6 % 0% C ` i 0 TOTALS 1 „% 2q)327 0 Q 0 O Signature of Company Official Title s r c-i-W.." Telephone Number Date Signed Page / • t)k 0\G.P„ D (P3' a11- 33 t I1\ I'31, of 2. Have you ever been awarded a bid by the Cif of Elgin? Yes ✓ No 3. If the answer to question#2 is Yes,please submit a copy of the Employee Utilization Form that was submitted with your last successful bid along with a fully completed copy of this form. 4. Please submit,according to the guideline provided in the attached document,a written commitment to provide equal employment opportunity. An Employee Utilization Form is required for any subcontractors. NOTE: In the event that a contractor or vendor,etc.,fails to comply with the fair employment and affirmative action provisions of the •City of Elgin,the City amongst other actions may cancel,terminate,or suspend the contract in whole or in part. • • _i of �t, 0>� i% .k �, r 10 n ' ,om . -,, City of Elgin,Illinois Sexual Harassment-- Policies and Programs Effective July 1, 1993,every party to any contract with the City of Elgin and every eligible bidder is required to have written sexual harassment policies that include,at a minimum,the following information: • the illegality of sexual harassment • the definition of sexual harassment under state law • a description of sexual harassment,utilizing examples • a vendor's internal complaint process including penalties • the legal recourse,investigative and complaint process available through the Illinois Department of Human Rights,and the Illinois Human Rights Conunission • directions on how to contract the department and commission • protection against retaliation as provided by Section 6-101 of the Human Rights Act* c t_ I hereby affirm that the organization which I represent has in place sexual harassment policies which include the required information set fourth above,and I hereby agree to furnish the City of Elgin-Human Resources Department with a copy of these policies if they so request. Signature/Title P ,. ,., ! �i Ql $,� fl, O f` Company ATZWIla z ..,. -etgc�s,u.ce.. Date s'8 It D(, *ro+ t vt 04.4.24 Sexual harassment is defined as follows: "Sexual harassment"means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when(1)submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2)submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual,or(3)such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating,hostile,or offensive working environment. Any questions by contracting parties or eligible bidders concerning compliance with these requirements should be directed to the City of Elgin-Human Resources Department at(847)931-5618. I hereby agree to fully indemnify and hold the City of Elgin harmless from any and all liability,loss or damage including costs of defense or claim,demands,costs of judgment against it arising from any sexual harassment complaint resulting from the act of any member of my organization in the performance of this contract. Signature/Title 11„• _ . \,� �',6z eru \d k�` --s■ Company 11113111M*. 'w 'i nkb Date 0 • • • TAX/COLLUSION/DEBARMENT AFFIDAVIT State of Vv\~L\m,\2 S , ss. County of \ — � `"� UU e h ap j bet 11 f r��' c(/ A"C y � ,being first duly sworn,deposes and says: That hgt PreSi c gf-- em/v C:c N• i■e'a c f CCV 0 t y v.E slxc c,(y of the firm of the party making the foregoing bid and that the bidder is not barred from contracting with any unit or local government as a result of a violation of 720 Illinois Compiled Statutes, Section 5/33E-3 or 5/33E-4,as amended;and,no collusion or agreement among other bidders or prospective bidders to bid a fixed price or otherwise restrain freedom of competition by agreement has taken place; and,bidder is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax. All laborers,workers and mechanics performing work under the contract shall not be paid less than the prevailing wage as determined by the Illinois Department of Labor or by the City Council and will all other respects comply with the prevailing wage law, 82o ILCS 130/0.01,et seq.,in carrying out the work under the contract. Signature of Bidder,if an individual: Signature of Bidder, if a partnership: Subscribed and sworn to bef re we this 2(=k' day of , 201_ , Si:1 . e of Bidder,if a corporation: My mmission expires: 3 l TLo c President r )10.44.c_A,Secretar • • • JMOEN fir. ,Public