HomeMy WebLinkAbout13-0729 Lord Street Green �3-o-4a9
Bond No.268003957
SECTION 00610
PERFORMANCE BOND
Copenhaver Construction,Inc.
We,the undersigned,
(Name of Contractor)
75 Koppie Drive,Gilberts,IL 60136
(Address of Contractor)
Corporation (Corporation, Partnership, or Individual)
hereinafter called"Principal",and Liberty Mutual Insurance Company
(Name of Surety)
2815 Forbs Ave.,Ste. 102,Hoffman Estates, IL 60192
, (Address of Surety)
hereinafter called "Surety", are held and firmly bound unto the CITY OF ELGIN, 150 Dexter Court,
Elgin, H 60120, hereinafter called"Owner", in the sum of
-rive.Hi,ndrpd Four Thousand One Hundred Ten and 00/100 Dollars($304,110.00 ).
We hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns.
Principal has entered into a certain contract with Owner, dated the 29th day of
July , 20 13 , a copy of which is attached hereto and made a part hereof, for the project
known as:
Lord Street Green Infrastructure Project Phase II
and Principal and Surety hereby bind themselves to Owner for the performance of the contract.
Now, therefore, if Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions, and agreements of said contract during the original term
thereof, and any extensions thereof which may be granted by Owner, with or without notice to Surety
and during the guaranty period set forth in the contract, and if it shall satisfy all claims, obligations,
requirements and demands incurred pursuant to such contract, and shall fully indemnify and save
harmless Owner from all costs, damages, suits, causes of action and any and all other liability of
whatsoever.nature, which it may suffer by reason of Principal's failure to do so, and shall reimburse
and repay Owner all outlay and expense which Owner may incur in making good any default, then
this obligation shall be void; otherwise,this bond shall remain in full force and effect; provided,further,
that the said Surety for value received hereby agrees that no change, extension of time, alteration or
addition to the terms of such contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any way affect its obligation on this Bond. Surety hereby waives
notice of any such changes, extensions of time, alterations or additions to the terms of such contract
or to the work or specifications provided for therein.
Provided, further, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder whose claim may be unsatisfied.
IN WITNESS WHEREOF,this instrument is executed on this 31st day of July ,20 13.
Copenhaver Construction, Inc. Liberty Mutual Insurance Company
CONTTRR R AS PRINCIPAL SURETY
(Signature (Signature) v 1.t"--77-64-1-(2-4-1
Name and Title: Ken Copenhaver Name and Title: William Reidinger
President Attorney-in-Fact
SEAL SEAL
Bond No. 268003957
SECTION 00620
PAYMENT BOND
We,the undersigned, Copenhaver Construction, Inc.
(Name of Contractor)
75 Koppie Drive, Gilberts, IL 60136
(Address of Contractor)
Corporation (Corporation,Partnership or Individual), hereinafter called"Principal", and Liberty Mutual
Insurance Company (Name of Surety) 2815 Fortis Ave., Ste. 102, Hoffman Estates, IL 60192
(Address of Surety)
hereinafter called°Surety", are held and firmly bound unto the CITY OF ELGIN, 150 Dexter Court, Elgin,
IL 60120,hereinafter called"Owner", in the sum of Three Hundred Four Thousand One Hundred Ten Thousand Dollars
($ 304,110.00 ). We hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors and assigns.
Principal has entered into a certain contract with Owner dated the 29trday of July , 20 13 ,
a copy of which is attached hereto and made a part hereof,for the project known as :
Lord Street Green Infrastructure Project-Phase II
Now, therefore, if Principal shall promptly make payment to all persons, firms, subcontractors, and
corporations furnishing materials for or performing labor in the prosecution of the work provided for in
such contract, and any authorized extension or modification thereof, and not less than the general
prevailing rate of hourly wages of a similar character in the locality in which the work is performed, as
determined by the State of Illinois Department of Labor pursuant to the Illinois Compiled Statues 280
ILCS 130 / 1-12 et. seq. including all amounts due for all materials used in connection with the work,
and shall promptly make payment for all insurance premiums on said work, and for all labor performed
in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise this
bond shall remain in full force and effect.
Surety for value received hereby agrees that no changes, extension of time, alteration or addition to the
terms of the contract or to the work to be performed there under or the Specifications accompanying the
same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such
changes, extensions of time, alterations or additions to the terms of the contract or to the work or
specifications.
Provided, further, that no final settlement between the Owner and the Contractor shall abridge the right
of any beneficiary hereunder whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed on this 31st day of July , 2013
Copenhaver Construction,Inc. Liberty Mutual Insurance Company
CONTRA 12R-AS RINCIPAL SURETY
je-L---77e-c‘77"
1Signature) en Copenhaver (Signature)
Name and Title:- President Name and Title:
William Reidinger
Attorney-in-Fact
SEAL SEAL
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
' This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except In the manner and to the extent herein stated.
Certificate No.5983510
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company
is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute
and appoint, Donna M.Tyler;Donna Wright;Hina Azam;Joseph Halleran;Karen E.Bogard;Lee Spino;Matthew V.Buol;Rebecca R.Alves;William
Reidinger
all of the city of Schaumburg ,state of IL each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge
and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 7th day of February ,2013 . >,
American Fire and Casualty Company -0
I Qwj,wc. ,^�q� `�C ww)ii.. h., .,,I,,,7?qr 0,,, .,•vi, The Ohio Casualty Insurance Company w
Ifn 4.lt' <b jl ,^ els 0
I o '�r i rG r \'r,,,',, ,f 8 q i ,f \:, Liberty Mutual Insurance Company a)
IQ. <i' 1906 Ic l �.. 12 ) 199 t�
I m 7 s v West American Insurance Company y
C d + *... f
&Y _.* By: A
{� STATE OF WASHINGTON ss Gregory .Davenport,Assistant Secretary C
;r CO COUNTY OF KING CO
wto 0
a1 On this 7th day of February , 2013 ,before me personally appeared Gregory W. Davenport,who acknowledged himself to be the Assistant Secretary of American v Fo-
1 a dFire and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do, ,,N
j p? execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C
LU
{ > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. `O Ct.
.0 -a.k'f:.._ B IAV19,• Q
0 ` KD Riley,No Public d c
j cu
Cto This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance w ID CL c
l ai, Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: r c
CI)` ARTICLE IV–OFFICERS–Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject p =
Car to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,
o C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective :5
IE ai powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so ',,, 0
6.4-' executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-iniact under >a
Iwea
the provisions of this article may be revoked at any time by the Board,the Chairman,-the President or by the officer or officers granting such power or authority. im
oi
i R = ARTICLE XIII–Execution of Contracts–SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, £co
I> i and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, M
15 3 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their E co
F C.) respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so o o
executed such instruments shall be as binding as if signed by the president and attested by the secretary. o to
Certificate of Designation–The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W. Davenport,Assistant Secretary to appoint such I—
attorneys-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and
III other surety obligations. .1
Authorization–By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West
American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,
is in full force and effect and has not been revoked. 're
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this3/ day of ., A!L ,201 .
11 �t. C�.,v,-4-p,,,,.' c:�?":`i,v(:,:� f a �.,�r.„¢•\ wzrGna. Q,��A�nYFf / .
:': 1906 \,1 J' 19"9 1^ 1£3;2 ;;i‘ Y.:' 1991 •' 't By:PPP ':-.•),‘:‘,.:&,,
I" David M.Care Assistant Secretary
del s i r l,��� • j`a Carey,
--Assistant
�s±. , ,, p,• u a,/g e ~_22,1,/' f
g` 'S` i, •'....•ff
LMS 12873092012 33 of 300
SECTION 00500
AGREEMENT
THIS AGREEMENT is dated this 4?! day of July of 2013 by and between the City of Elgin. an
Illinois Municipal Corporation (herein called "City") and
Copenhaver Construction (herein called "Contractor"), a corporation with a principal place of business at
75 Koppie Drive,Gilberts.IL 60136
WHEREAS. on July 2,2013 the City released an Invitation for Bids entitled "Lord Street CSO Green Infrastructure
Project—Phase 2";and
WHEREAS,Contractor submitted a timely hid on July 12,2013;and
WHEREAS,the City Council has deemed Contractor to be the lowest price responsive and responsible bidder for Lord
Street CSO Green Infrastructure Project—Phase 2.hereinafter referred to as"Work;"
NOW THEREFORE,in consideration of the mutual promises and covenants herein,the sufficiency of which is hereby
acknowledged.the parties hereto hereby agree as follows:
Article 1. Work.
Contractor shall complete the Work as specified in the Contract Documents.
The Work is generally described as follows:
A. Construction of 18 parkway rain gardens at 16 locations.
B. Retrofitting existing combined sewer inlets to feed or provide overflow capabilites to the rain gardens.
C. Restoration of all disturbed areas.
Article 2. ENGINEER.
The Work has been designed by Trotter and Associates, Inc. ("Engineer"). Engineer shall act as City's representative
and shall assume and provide such duties and obligations to the extent provided in the Contract Documents.
Article 3. Work COMPLETION.LIQUIDATED DAMAGES,DELAYS AND DAMAGES.
3.1. Work Completion.The Work shall be completed as provided in the Contract Documents.Project commencement
is July 31.2013,project shall be substantially complete October 1.2013 and final completion by November 30.2013. In
the event of any conflict between these dates and dates elsewhere in the Contract Documents.these dates shall prevail.
Time is of the essence of this Agreement.
3.2. Liquidated Damages. City and Contractor agree that as reasonable liquidated damages for delay (but not as a
penalty) Contractor shall pay City $100 for each day beyond the time specified for Substantial Completion in the
Contract Documents. A fter Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the
remaining Work within the times specified in the Contract Documents(hereinafter referred to as"Contract Times")or
any proper extension thereof granted by City, Contractor shall pay City$100 for each day beyond the time for Final
Completion. Contractor agrees and acknowledges that such liquidated damages constitute a reasonable estimate of
City's actual damages. S uch liquidated damages shall constitute City's sole recourse for and shall constitute full
satisfaction of City's actual damages resulting from Contractor's delay. Contractor further acknowledges and agrees
that in the event any provisions in any of the Contract Documents conflict with the provisions of this paragraph or
otherwise provide for damages resulting from Contractor's delay, the provisions of this paragraph shall control, and
such conflicting provisions and any Contract Documents shall not constitute.and shall not be construed as.a basis by
which to render the provisions of this paragraph unenforceable.
Page- 1 - of 6
3.3. Delays and Damages. I n the event Contractor is delayed in the prosecution and completion of the Work or
achievement of any Contract Times because of any delays caused by City or Engineer. Contractor shall have no claim
against City or Engineer for damages or contract adjustment other than an extension of the Contract Times as provided
herein and the waiving of liquidated damages during the period occasioned by the dela).
Article 4. CONTRACT PRICE.
City shall pay Contractor S 304.110 as indicated in the Contractor's Bid for completion of the Work in
accordance with the Contract Documents.
Article 5. PAYMENTS.
5.1. Payments. City shall make payments on the basis of Contractor's Applications for Payment as recommended by
Engineer, in conformance with the City of Elgin's accounts payable schedule. All payments shall be based on the
progress of the Work measured by the schedules provided in the Contract Documents. Notwithstanding anything to the
contrary in any Contract Documents.City shall he entitled to withhold any payments pending the submission of partial
or full waivers of lien and/or certifications verifying the receipt of payment for all work performed by all
subcontractors up to the date of Contractor's application for partial or final payment in City's sole discretion. City shall
further be entitled to make such payments directly to any subcontractors as may be necessary to obtain such lien
waivers and/or certifications. In the event City makes any such payments directly to any subcontractors.the amount of
such payments shall be deducted from the total amount due to Contractor pursuant to this agreement:and Contractor
shall provide a written release to City in the amount of any such payments upon ten (10) days written demand.
Concurrent with all applications for payment. Contractor shall provide City with a sworn certification of all work
performed by all subcontractors and amounts paid to all subcontractors as of the date of application.
5.2. Retainage. City may withhold.from all payments prior to Substantial Completion.an amount equal to up to ten
percent(10%)of work completed.at City's sole discretion.
Upon Substantial Completion. City may release a portion of the retainage to Contractor, retaining at all times an
amount sufficient to cover the cost of the Work remaining to be completed,at City's sole discretion.
The time for payment of any retainage from City to Contractor shall he at City's sole discretion. Such payment shall
not be unreasonably withheld.
5.3. Final Payment. The City shall not be required to make final payment prior to completion and acceptance of the
Work by the Cit).
Article 6. CONTRACT DOCUMENTS.
There are no Contract Documents other than those listed below. The Contract Documents which comprise the entire
agreement between City and Contractor concerning the Work consist of the following:
a. This Agreement.
b. Certificates of Insurance.
c. Bonds.
d. Notice of Award.
e. Notice to Proceed.
f. General Conditions.
g. Supplementary Conditions.
h. Specifications.
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i. Drawings consisting of 21 sheets,with each sheet bearing one of the following general titles:
Sheet Title
Cover Sheet
G.I General Notes
G.2 Individual Rain Garden Site Locations
C.1 BMP Site No. 1-853 South Street
C.2 BMP Site No. 1-853 South Street-Planting Plan
C.3 BMP Site No.2-836 Walnut Avenue
C.4 BMP Site No.2-836 Walnut Avenue-Planting Plan
C.5 BMP Site No.3-602 Walnut Avenue
C.6 BMP Site No.3-602 Walnut Avenue-Planting Plan
C.7 BMP Site No.4-341 Jewett Street
C.8 BMP Site No.4-341 Jewett Street-Planting Plan
C.9 BMP Site No.5-375 Jewett Street
C.10 BMP Site No.5-375 Jewett Street-Planting Plan
C.11 BMP Site No.6-251 Moseley Street
C.12 BMP Site No.6-251 Moseley Street-Planting Plan
C.13 BMP Site No.7-202 Perry Street
C.14 BMP Site No.7-202 Perry Street-Planting Plan
C.15 BMP Site No.8-451 Washburn Street
C.16 BMP Site No.8-451 Washburn Street-Planting Plan
C.17 BMP Site No.9-335 Oak Street
C.18 BMP Site No.9-335 Oak Street-Planting Plan
C.19 BMP Site No. 10-326 Oak Street
C.20 BMP Site No. 10-326 Oak Street-Planting Plan
C.21 BMP Site No. 11-400 Billings Street
C.22 BMP Site No. 11-400 Billings Street-Planting Plan
C.23 BMP Site No. 12-428 Billings Street
C.24 BMP Site No. 12-428 Billings Street-Planting Plan
C.25 BMP Site No. 13-264 Oak Street
C.26 BMP Site No. 13-264 Oak Street-Planting Plan
C.27 BMP Site No. 14-173 Orchard Street
C.28 BMP Site No. 14-173 Orchard Street-Planting Plan
C.29 BMP Site No. 15-331 Griswold Street
C.30 BMP Site No. 15-331 Griswold Street-Planting Plan
C.31 BMP Site No. 16-854 Orange Street
C.32 BMP Site No. 16-854 Orange Street-Planting Plan
Sheet titles are listed on the cover sheet of each drawing set.
j. Any Addenda.
k. Contractor's Bid.
I. City Forms.
m. Any subsequent Written Amendments to any documents listed above and other documents amending,
modifying, or supplementing the Contract Documents, which may be delivered or issued after the
Effective Date of the Agreement and are not attached hereto.
This Agreement and the Contract Documents listed above comprise the sole and exclusive Agreement between the
parties hereto. T here are no other agreements between the parties hereto either oral or written. and neither this
Agreement nor any Contract Documents shall be modified or amended without the written consent of the authorized
representatives of the parties hereto.
Article 7. MISCELLANEOUS.
a. Terms used in this Agreement shall have the meanings indicated in the General Conditions.
h. No assignment or delegation by a party hereto of any rights under.obligations or interests in the Contract
Documents shall be binding on another party hereto without the written consent of the party sought to be
hound:and specifically but without limitation moneys that may become due and moneys that are due ma
Page-3 - of 6
not be assigned without such consent(except to the extent that the effect of this restriction may be limited
by law): and unless specifically stated to the contrary in any written consent to an assignment, no
assignment shall release or discharge the assignor from any duty or responsibility under the Contract
Documents.
c. City and Contractor each hinds itself. its partners, successors,employees.assigns. and agents to the other
party hereto, its partners, successors, employees, assigns, and agents in respect of all covenants,
agreements,and obligations contained in the Contract Documents.
d. The business address of Contractor is hereby designated as the place to which all notices.letters,and other
communication to Contractor shall be mailed or delivered. The address of City is hereby designated as the
place to which all notices, letters, and other communication to City shall be mailed or delivered. Such
notices.letters and other communications shall be directed to the City's General Services Manager. Either
party may change its address at any time by an instrument in writing delivered to Engineer and to the
other party.
e. The terms and provisions of this Agreement shall be severable. In the event any of the terms or provisions
of this Agreement shall be deemed to be void or otherwise unenforceable for any reason.the remainder of
this Agreement shall remain in full force and effect.
f. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the
resolution of any disputes and the enforcement of any rights arising out of or in connection with the
Agreement shall be in the Circuit Court of Kane County,Illinois.
g. This Agreement shall not be construed so as to create a partnership,joint venture,employment or agency
relationship between the parties hereto except as may be specifically provided for herein.
h. In the event of any conflict between any of the terms or provisions of this Agreement and any other
Contract Documents,the terms and provisions of this Agreement shall control.
i. Indemnification. To the fullest extent permitted by law.Contractor agrees to and shall indemnify,defend
and hold harmless the City.the Engineer, Engineer's consultants and the officers,employees, boards and
commissions of each and any of them from and against any and all claims, suits. judgments, costs,
attorneys'fees,damages or any and all other relief or liability arising out of or resulting from or through.
or alleged to arise out of. any acts or negligent acts or omissions of Contractor or Contractor's officers.
employees, agents or subcontractors in the performance of this agreement, or arising out of or in
connection with litigation based on any mechanic's lien or other claims.suits,judgments and/or demands
for damages by subcontractors. In the event of any action against the City.its officers.employees,agents,
boards or commissions covered by the foregoing duty to indemnify,defend and hold harmless,such action
shall be defended by legal counsel of City's choosing. In the event and to the extent that any legal work is
performed by City's in-house legal counsel pursuant to the provisions of this section, City shall be
reimbursed by Contractor for such legal work at the rate of$200 per hour.which rate Contractor hereby
agrees and acknowledges to be a reasonable rate for such in-house attorneys' fees. The provisions of this
paragraph shall survive any expiration and/or termination of this agreement.
j. Compliance with Laws. Notwithstanding any other provision of this CONTRACT it is expressly agreed
and understood that in connection with the performance of this CONTRACT that the CONTRACTOR
shall comply with all applicable Federal, State. City and other requirements of law. including. but not
limited to,any applicable requirements regarding prevailing wages.minimum wage,workplace safety and
legal status of employees. Without limiting the foregoing. CONTRACTOR hereby certifies, represents
and warrants to the CITY that all CONTRACTOR'S employees and/or agents who will be providing
products and/or services with respect to this CONTRACT shall be legal residents of the United States.
CONTRACTOR shall also at its expense secure all permits and licenses,pay all charges and fees and give
all notices necessary and incident to the due and lawful prosecution of the work, and/or the products
and/or services to be provided for in this CONTRACT. The CITY shall have the right to audit any
records in the possession or control of the CONTRACTOR to determine CONTRACTOR'S compliance
with the provisions of this section. I n the event the CITY proceeds with such an audit the
CONTRACTOR shall make available to the CITY the CONTRACTOR'S relevant records at no cost to
the CITY. CONTRACTOR shall pay any and all costs associated with any such audit.
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F \Legal Dept\Agreement\City Contractor Agreement-2009 doc
k. Contractor hereby waives any and all claims to interest on money claimed to interest on money claimed to
be due pursuant to this Agreement, and any and all such rights to interest to which it may otherwise be
entitled pursuant to law,including,but not limited to,pursuant to the Local Government Prompt Payment
Act,as amended(50 ILCS 505/1.et.seq),or the Illinois Interest Act as amended(815 ILCS 205/1,et.seq).
I. Limitation of Actions. Contractor shall not be entitled to and hereby waives, any and all rights that it
might have to file suit or bring any cause of action or claim for damages against the City of Elgin and/or
its affiliates,officers.employees. agents.attorneys,boards and commissions,of whatsoever nature and in
whatsoever forum after two(2)years from the date of this Agreement.
Page- 5- of 6
IN WITNESS WHEREOF,City and Contractor have signed this Agreement. One counterpart each has been delivered
to City,Contractor.Surety,and Engineer..
This Agreement shall be effective on �'"1 14)/3 2,d/
CONT R:Cs: • er Construction Inc. CITY:Ci ]�gin
i�inl
By: 1`1en 1..,XGt
1N , By: Sean R.Stegall
Title: Pres1(kk4.n t Title: City Manager
Address for giving notices Address for giving notices
77;— (
ores e Or 2 City of Elgin c/oAaron Cosentino
G I .f+s/ IL CaOI3/e 150 Dexter Court
n d Elgin.IL 60120
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F \Legal Dept\Agreement\Cnv Contractor Agreement-2009 doc
Copenhaver Construction, Inc.
75 Koppie Dr. Phone: 847-428-6696
Gilberts,IL. 60136 Fax: 847-428-6798
copenhaverinc@vahoo.com
Job Reference:Work Completed in 2011/12 $9,743,705.80
I1:10T#149 Contract 63655
Job Cost:$3,038,106.55
Project consists of the widening and reconstruction of Edgewood Drive,replacement of
box culvert over Ratt Greek Tributary,replace the deck and repair abutments to the bridge
structure over Ratt Creek,and the construction of a multi-use path,all located between IL Rte 31
and Hanson Road in the Village of Algonquin.
Contact:Ryan Lindeman 847-343-2963
IDDT#33 Contract 60N09
Job Cost:52,600,000.00
Project consists of installing a railroad embankment,construction of a railroad platform,
and drainage improvements.
Contact: Chad Humphries 3I2-933-6365
Village of Bensenville-Industrial Area Improvements
Job CostS2,500,0011.00
Project consists of installation of gabions and shoreline improvements
Contact:Joe Kozial 847-878-B7D9
IDDT#41 Contract 60P78
Job Cast:5258,562.50
Project consists of cleaning and repairing drainage scuppers and downspouts,structural
repair of concrete at various locations in Chicago and Cook County. Concrete patching was
subcontracted by American Concrete Restorations, Inc.
Contact:Joel Harris 847-846-4322
IDDT#7.Contract#90P39
Jab Cost S244,710110
Project consists of bridge repairs
Contact:Imad Shahadit 847-846-2025
IDOT#40 C#104 Contract 90JI]
Job Cost:$1,264,110.00
Project consists of river excavation, by-pass pumping,cofferdam installation, installation
of gabions,and rip rap in water.
Contact:lggy Bangash 847-846-4328
Jeff Ogrodnik 815-319-1828
Village of Winnetka-Trapp Lane
Job Cast:S593,D110.00
Project consists of installation of water main, storm sewer, concrete curb and gutter,
sidewalk, and landscaping improvements
Contact: Susan Chen 847-501-6000
Village of Winnetka/Lloyd Park
Job Cost:S262,000.00
Project consists of the installation of concrete pads and storm sewer improvements
Contact:Susan Chen 847-507-6000
Village of Arlington Heights-Miner Street Straetscape
Job Cast:SlH0,5011.00
Project consists of asphalt paving, concrete flatwork, brick, and landscaping.
Contact: Derek Mach 847-368-5232
City of Naperville-River Walk Renovation Phase 1
Job Cost:S1,543,5711.011
Project consists of concrete installation,installation of seawalls, retaining walls,brick
paving,and stone masonry, 6 also involved landscaping,irrigation,and metal fencing.
Contact:Jan Erickson 630-305-5984
City of Naperville-East Highlands Area Roadway Improvements
Job Cost S1,860,0D11.D0
Project consists of street construction, underground pipe and concrete installation,
asphalt road paving,landscaping, and electrical work.
Contact:Mark Knoll 630-5I4-8581
Fox Waterway Agency-Geo-tube Island
Job Cost:S647,670.DD
Project consists of rip rap replacement
Contact: Ron Barker 847-587-8590
SEC Group-Ackerman Island
Job Cost S467,000.0D
Project consists of shoreline stabilization,earth excavation,installation of concrete,
installation of weir structure, landscaping, and restoration.
Contact: Kevin Wagner 815-693-8888
Schaumburg Park District- Volkening Park
Joh Cost:S389,000.00
Project consists of installation of concrete, retaining walls, brick, and landscaping.
Contact: Matt Gaynor 847-985-2115
Village of Schaumburg-Hammond Drive Culvert Replacement
Job Cast S242,11DD.DD
Project consists of installing double 54"storm sewer pipe,cofferdam,asphalt paving,
concrete curb,and landscaping.
Contact:Mike Litwin 847-923-6654
Smith Barrington Park District
Job Cost 35D,DDD.DD
Project consists of Excavation, baseball fields,volleyball courts,court drainage
improvements, concrete.
Contact:John Kazmier 847-82E-9303
City of Dregon-Sewer Extent ion
Job Cost S284,DDD.DDD
Project consists of installation of sanitary sewer extension, connecting to existing
sanitary sewer.
Contact:Jason Stoll 815-484-23DH
Dundee Township-Skyline Drive Culvert Replacement
Job Cost:S283,UDD.D00
Project consist of culvert replacement
Contact:Larry Braasch 847-428-2300
City of Elgin-Median Rt 25 S I-BD
Job Cost S72511DD.00
Project consists of colored concrete,foundations,precast concrete, drainage
improvements,and landscaping.
Contact: Ed Herilhy 630-973-64{15
City of Highland Park-Pleasant Ave Infrastructure Improvements
Job Cost:$277,411:1110
Project consists of drainage improvements,water main installation, concrete installation,
asphalt paving, and landscaping.
Contact:Michael Lemma 847-926-1184
Community Unit School District#33D— Golfview S Parkview Elementary School
Playgrounds
Job Cost:$215,DDD.DD
Project consists of playground equipment additions, drainage, excavation, asphalt paving,
and landscaping
Contact Ron 224-629-0588
Lake County DDT
Job Cost:$32U,DDD.DD
Project consists of installing a concrete utilities pad
Contact:Paul Grassley 630-936-0329
Village of Lake In The Hills- Sunset Park
Job Cost:S542,13501D
Project consists of a splash park, ball field installation, color concrete, underground
utilities,concrete,playground installation, landscaping, and prairie plantings.
Contact: Scott Fish 847-186-6430
Village of Lindenhurst—John Jenega
Job Cost:$s2D,DDD.DD
Project consists of wood boardwalk installation with helical piers, limestone, mulch,
concrete,playground installation, landscaping, and park installation,
Contact:Tom Lippert 647-812-3227
Hoffman Estates Park District-Black Bear Park
Job Cost:S205,0OO.13O
Project consists of concrete installation and earth excavation.
Contact Gary Bucskowski 847-5Bl-2172
Village of North Aurora-2DO9 N. Aurora Riverfront Dverlook
Job Cost$21O,OOO.DO
Project consists of installing a deck.shelter,and railings.
Contact:Wes Kamowske 63D-335-BD16
IDOT#10
Job Cast:5357,620.00
Project consists of tree planting and seeding.
Contact:Kahlil Clemmons 847-946-2924
Wheeling Township-2008 Drainage Improvements
Job Cost S210,0D0.0OO
Project consists of earth excavation, drainage improvements,and landscaping.
Contact:Tom Nitzke 847-815-1250
Village of Algonquin-Ted Spella Park
Job Cost S1,12D,DOO.O0
Project consists of mass earth excavation,parking lot installation, installation of shelters,
landscaping,installation of a pedestrian bridge,priaire planting,playground installation,sewer
-work,
Contact: Darrell Garrison 630-668-3788
Wheeling Park District/Aquatic Park D Malibu Park
Jab Cost:S350,0D11.000
Project consists of concrete installation, installation of playground, shade structures,
underground work, landscaping.
Contact:Larry Raffle 874-465-7772
Ieneva Community School District 3114
Job Cost 852D,1113D.00
Project consists of asphalt paving, construction of a new parking lot, drainage
improvements, landscaping, and electrical.
Contact:Rick 312-907-6328
Glenview Park District—Crawley Park Improvements
Job Cost:3483,11110.00
Project consists of concrete, sewer work,excavation and landscaping.
Contact: Ken Wexler 847-293-2495
Village of Mount Prospect- Kensington Business Park Retention Basin Dredging
Job Cost:SIB1,432.70
Project consists of retention basin dredging of Kensington Business Park pond#7
Contact: Ban Randolph 847-870-5640
City of Highland Park—Ravine 20118
Job Cost:S4D1,000.DD
Project consists of earth excavation, sewer work, gabions installation and landscaping
Contact: J.P. Rodriguez 847-458-0898
City of Lake Forest
Jab East:3244,00111:1DD
Project consists of drainage improvements,concrete installation, landscaping,
playground installation.
Contact:Oen Reeves 847-605-4207
Village of Hanover Park
Job Cost S390,DDD.DD
Project consists of landscaping 6 installation of retaining walls.
Contact:Howard Kilian 630-372-4444
Village of Schaumburg-Renaissance Hotel
Job Cast S96,DDD.DDD
Project consists of landscaping,and irrigation installation.
Contact:Todd Wenger 847-344-5278
Schaumburg Park District-Campanelli Shoreline
Jab Cost SI26,DDILDDC
Project consists of earth excavation,prairie planting,and flagstone
Contact:Matt Gaynor 847-985-2115
Warren Township fr Highway Department—Mill Creek Crossing Spillway Improvements
Jab Cost S 26,84311D
Project consists of spillway modifications,channel excavation, stone rip rap,and
restoration.
Contact: Patrick Bleck 847-295-5200
SCHEDULE O'F l� -r,b.a i QUIFA 1:T •',._-::-.:-,- = a...
Asset No. Asset Description Acquired Cost
Construction Equipment
1 B&K Equipment 06/06/07 $ 27,088.00
2 2005 Cargo Mate Trailer#50270 03/10/08 $ 3,400.00
3 1996 Clement Semi Dump Trailer-S/N:4U181AEX5W1X36607 03/17/08 $ 11,000.00
4 2007 Case Excavator CX160#62463 04/02/08 $ 140,667.00
5 Eagle Beaver Trailer-S/N:112H8V3208L073937 05/27/08 $ 20,217.89
6 Hydro-Seeder •
09/17/08 $ 6,000.00
7 2006 Takeuchi TB175 Excavator 09/28/06 $ 87,827.00
8 2006 Bradco 625 Trencher(per C 07/03/08 $ 3,864.63
9 24"Auger(per CC) 01/25/07 $ 1,480.63
10 Power Rake(per CC) 07/27/07 $ 7,900.00
11 2007 Sod Cutter(per CC) 06/10/08 5 3,628.13
12 2006 Kobelko SK160LC Excavator-S/N YMO3U1357 07/27/07 $ 126,581.25
13 RA Adams Trailer 05/21/08 $ 20,024.00
14 2005 Gehl SL7610 Skid Steer-S/N:702005 03/12/09 $ 22,312.50
15 2006 Witzco 35 Tn Lowboy TRAILER-S/N:1W8A11D2465000008 03/12/09 $ 25,000.00
16 2005 Cat D6N Crawler Dozer-S/N:BMA20724 03/25/09 $ 88,741.25
17 2004 John Deere 160 LC Exavatorc-S/N:FF160CX044684 07/16/09 $ 43,562.50
18 2008 Trailer#113714 05/16/09 $ 5,650.54
19 Sewer Laser Z9P01300 10/31/09 $ 2,801.50
20 Trench Box with Accessories 03/09/10 $ 12,162.82
21 Cat 9638 Crawler Loader s/n:9BL02249 03/12/10 $ 32,406.25
22 2003 JCB Model JS220LC Excavator s/n:1018405 03/12/10 $ 40,000.00
23 2001 Bomag BW120AD3 Vibratory Tandem Roller S/N 101170518883 05/12/10 $ 9,652.50
24 ArrowBoard 02/22/11 $ 4,235.00
25 Walk Behind Concrete Saw,G72 Skid Steer Brush Grapple,13x5'Rock Box 03/16/11 $ 7,634.07
26 2011 PJ 83x14'7000#Trailer 03/16/11 $ 3,044.00
27 HP 3000 Hammer 04/05/11 $ 24,364.38
28 ArrowBoard S/N:5F115101681225439 04/15/11 $ 4,235.00
29 HT2458 Hydraulic Thumb Cylinder 06/23/11 $ 3,200.00
30 CNH-Case Wheel Loader 08/01/11 $ 144,439.50
31 CNH-Case Excavator CX290 08/01/11 $ 138,097.00
32 2006 Bobcat-1984 Cat Compactor 08/05/11 $ 78,091.81
33 Plate Compactor-Multiquip 09/06/11 $ 1,474.69
34 2007 Caterpillar 297C 2 Speed Multi Terrain Loader 10/07/11 $ 33,760.94
35 Bucket 10/14/11 $ 1,000.00
36 8x8x1 and 8x10x1"Street Plates 11/16/11 $ 3,027.78
37 6"Self Trimming Trash Pump w/Trailer 11/18/11 $ 24,060.58
38 Truax Fiexll-86 Drill Seeder 11/28/11 $ 8,000.00
39 2006 Cat 345CL Excavator S/N:CAT0345CPPJW01073 03/12/12 $ 149,759.38
40 2012FFC New Holland 42"Tree Spade S/N:1215204 04/12/12 $ 1,450.00
41 Cat 297C Multi Terrain Loader S/N:GCP00365 03/30/12 $ 34,848.00
42 Cat 297C Multi Terrain Loader S/N:GCP00402 03/27/12 $ 34,848.00
43 1991 Powerscreen MK111 S/N:3204618 04/30/12 $ 25,000.00
44 1986 TCI 747 Motor Grader SN:10860107 04/30/12 $ 15,938.00
45 2002 Gehl 7600 Skid Steer-S/N:T5924F127 05/01/12 $ 12,500.00
46 2006 Gehl 5640E Skid Steer-S/N:056401(00507251 05/02/12 $ 23,588.16
47 Arrowboard-S/N:5F115101686021588 05/03/12 $ 7,900.00
48 1997 Belshe 96x23 25500#GVW Trailer-S/N 16JF01823V1030039 05/02/12 $ 6,412.19
•
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*Illinois Department Certificate of Eligibility
of lt'ansportation f
Copenhaver Construction, Inc. Contractor No 1216
75 Koppie Drive GILBERTS, IL 60136
WHO HAS FILED WITH THE DEPARTMENT AN APPLICATION FOR PREQUALIFICATION STATEMENT OF EXPERIENCE,EQUIPMENT AND
FINANCIAL.CONDITION IS HEREBY QUALIFIED TO BID AT ANY OF DEPARTMENT OF TRANSPORTATION LETTINGS IN THE CLASSES OF
WORK AND WITHIN THE AMOUNT AND OTHER LIMITATIONS OF EACH CLASSIFICATION,AS LISTED BELOW, FOR SUCH PERIOD AS
THE UNCOMPL-ETED WORK FROM ALL SOURCES DOES NOT EXCEED $12,566,000.00
001 EARTHWORK $2,875,000
012 DRAINAGE . $3,025,000
017 CONCRETE CONSTRUCTION $2,525,000
018 LANDSCAPING $2,875,000
022 FENCING $25,000
034 DEMOLtTioN $225,000
08A AGGREGATE BASES&SURF,(A) $450,000
OSA I1IOHwAy sTRucJURES $1,250,000 -
•
THIS CERTIFICATE OF ELIGIBILITY IS VALID FROM 4/15/2013 TO 4/30/2014 INCLUSIVE,AND SUPERSEDES ANY
CERTIFICATE PREVIOUSLY ISSUED,BUT IS SUBJECT TO REVISION OR REVOCATION,IF AND WHEN CHANGES IN
THE FINANCIAL CONDITION OF THE CONTRACTING FIRM OR OTHER FACTS JUSTIFY SUCH REVISIONS OR REVOCATION.
ISSUED AT SPRINGFIELD,ILLINOIS ON 4/16/2013,
•
Acting Engineer of Construction
1454.0645 •
ffinois tAffidavit of Availability
of Transportation For the Letting of 8/212013
. Bureau of Construction
2300 South Dirksen Parkway/Room 322
Springfield,Illinois 62764 Instructions: Complete this form by either typing or using black ink. "Authorization to Bid"will not be issued
unless both sides of this form are completed in detail. Use additional forms as needed to list all work.
Part I.Work Under Contract
List below all work you have under contract as either a prime contractor or a subcontractor. It is required to include all pending low bide not yet awarded
or rejected. In a joint venture,list only that portion of the work which is the responsibility of your company. The uncompleted dollar value is to be based upon
the most recent engineer's or owners estimate,and must include work subcontracted to others. If no work is contracted,show NONE.
1 2 3 4 Awards Pending
Contract Number 60P72 64H76 6OV69
Contract With IDOT#27 IDOT#24 1DgT#12
Estimated Completion Date 35 W-days 60W-days 11/1/13 •
Total Contract Price Accumulated
663,512.40 1,281,618.00 182,400.00 Totals
Unthe riContractord DollarValueif Firm is 663,512.40 1,281,618.00 182,400.00 $2,127,530.40
the Prime
Uncompleted Dollar Value if Firm is
the Subcontractor
Total Value of All Work $2,127,530.40
Part II.Awards Pending and Uncompleted Work to be done with your own forces,
List below the uncompleted dollar value of work for each contract and awards pending to be completed with your own forces. All work Accumulated
subcontracted to others will be listed on the reverse of this form. In a joint venture, list only that portion of the work to be done by your Totals
company. If no work is contracted,show NONE.
Earthwork 6,336.00 123,550.00 $129,886.00
Portland Cement Concrete Paving
HMA Plant Mix
HMA Paving 64,800.00 111,068.00 $175,868.00
Clean&Seal Cracks/Joints
Aggregate Bases&Surfaces
Highway,R.R.and Waterway Structures 161,170.00 $161,170.00
Drainage 41,392.00 40,000.00 $81,392.00
Electrical
Cover and Seal Coats
Concrete Construction 163,814.25 368,320.00 $532,134.25
Landscaping 126,200.00 116,000.00 s $242,200.00
Fencing
t '
Guardrail
Painting
Signing
Cold Milling,Planning&Rotomilling
Demolition 135,000.00 $135,000.00
Pavement Markings(Paint)
Other Construction(List) 127,400.00 $127,400.00
Layout/mobilization/traffic control 55,000.00 $55,000.00
Totals $563,712.25 $893,938.00 $182,400.00 $1,640,050.25
Disclosure of this information is REQUIRED to accomplish the statutory purpose as outlined in the"Illinois Procurement Code." Failure to comply will result in
non-issuance of an"Authorization To Bid." This form has been approved by the State Forms Management Center.
Printed 6/19/2013 Page 1 of 2 BC 57(Rev.08117/10)
•
Part III.Work Subcontracted to Others. .
For each contract described in Part I,list all the work you have subcontracted to others.
1 2 3 4 L Awards Pending
Subcontractor Work Zone Safety l&I
Type of Work TC&P Safety Upgrade
Subcontract Price 76,46725 387,680.00
Amount 76,467.25 387,680.00
Uncompleted
,
Subcontractor Marking Specialist
Type of Work Pavement
Markings
Subcontract Price 10,332.90
Amount 10,332.90
Uncompleted
Subcontractor Alas Trucking
i
Type of Work Trucking
Subcontract Price 13,000.00
Amount 13,000.00 0.00
Uncompleted
Subcontractor
Type of Work
Subcontract Price
Amount
Uncompleted
Subcontractor
Type of Work
Subcontract Price
Amount 182,400.00
Uncompleted
Total Uncompleted $99,800.15 $387,680.00 $182,400.00
I, being duly sworn, do hereby declare that this affidavit is a true and correct statement relating to ALL uncompleted contracts of the
undersigned for Federal,State, County, City and private work,including ALL subcontract work,ALL pending low bids not yet awarded
or rejected and ALL estimated completion dates.
Subscribed and sworn to before me
this 19Th day of ..ALtk ,� , a(713 Type or Print N- e Ken Co•-Waver President
Oft _ or Director Title
CJ cSigned
Notary Pub i "���� -1111111."—
My commission expires tD17 I.LP
Company Copenhaver Construction
_ jNotarr1 Seal' _ _ "
OFFICIAL SEAL Address 75 Koppie Dr.
MICHELLE SDKNotary Pttblie-State of Illinois Gilberts,I L 60136
My Commission Expires Dec 37.2D4S
Printed 6/192013 Page 2 of 2 BC 57(Rev.08/17/10)
•
A Tac ve CERTIFICATE OF LIABILITY INSURANCE ,DATE CADECORTYr
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HO�THIS
CERTIFICATE DOES NOT AFFIRMATIV6.Y OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES '
• BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(SI.AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER .
IMPORTANT:If the certicate holder Is an ADDITIONAL INSURED.the pohcy(ies)must be endorsed If SUBROGATION IS WAIVED.subject to .
the semis and oond$ons of the gamy,certain policies may regime au endorsement.A statement on this certificate does not center rights to the
certificate holder in liar of soch aWorsement(s).
'
PRODUCER wNrA' Llstip Feeney
Assurance Agency,Ltd. °fir a e,o-na74j11 wrc.i73;v Noe84744QZ2
175Century0 E.Golf Road i ---evatae
ranceanevmm
Schaumburg IL 60173 MURMUR'APPORDNGCOVERAGE NAME
INSURER .,C _ ,., II/5 5 A a•R_
PLSURS COPECON-01 INSURESSE• n..=,i/ U le- r-u n.:,
Copenhaver Construction Inc. INSURER c:
75 Koppie Drive: assume 0:
Gilberts IL 60136
INSURER E:
INSURER P:
. COVERAGES CERTIFICATE NUMBEt 393128576 REVISION NUMBER_
TINS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABONEPOR THE POLICY PERIOD
'INDICATED. NOTWTHSTAANDINS ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO IMUDI TMS
CERTIFICATE MAY.BE ISSUED OR MAY PI3TTABA THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERON IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHORN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPeOF SUImANCE .000. R POUGr P YIX➢
CFR i MR POLICY NUMBER Ir/ODOYMVYYRI 1 MaD Y�/1R1 LIMIT
A GENERAL umvury �GL00020775.01 7/8rE012 •77812013 I EACH OCCURRENCE {51.000.000
I .GO MERCIALGEIERAL JABBED 1 i$300 000
IIi 1 1 CINNSNAEE!E OCCUR I I®®I.G.Aw mep.aAN 1i 010.000
I PERSONALE ADV NiURY I,51.000.000
--.1 I GW9PN.AOGREOATE 132.000.000
GEN'L AGGREGATE WET APPUESPEO 1 PRODUOTS.COVPIOP OGG 52000,000
• n n. n1O i IS
A 'I ARnOo9LEUGBOJTY CA00020E33-01 IJa2ol2 j182013 iMac McLEU nr
ILL ANY AUTO ` eODILY INJURY(lAerperson) 3 .
--9 AILED I .WILILY INJURY(PerAMR/f 5
'FRED AUTOS X ® (per epogeAS PROPERTY E S
I S
A I UNDRELLA OAS IX o R I CX0000D128•01 T#812013 0'182013 port occuRRENce 55000.000
I2NOESSUAH I o.etes ADE I AGGREGATE 35000.000
1 I Oso IX 1 RE1PNn0N510.000 I S .
a wemiscolt'OIIMTION IERDo1000e03.00 P/a2012 r/820I3 IX IT QYTi tcH I PR
' AND SIANSYtES LIABILITY YIN
ANY EER DEGT N I A TEL EACH ARDENT 151.000,000
OFRICERANN(RIERMy la Ml) I I EJ_amass.EAEII.0YEE$1000N00
IDMIJPII OFOP6U.TOK4btlm+• I ! I EL MEEASE-POUGYUHT 151000000
I
1
ORCliPPONOP OPRIATe01a/tOOAT10Na/VEtROei(ARAN AGGRO 101.eegNPAN Ramos SNMENA B Dae SW.MANN 1 5
Workers Compensation and Employers'Liability:Any PToprietohPartner/Executive Officer/Member,as listed on the policy,is excluded.
Proof of Insurance Only
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
"Sample Certificate* ACCORDANCE WITH THE POLICY PROVISIONS. .
AUTHORIZEDpREPRESENTATIVE - .
•
01985.2010 ACORD CORPORATION.All rights reserved.
ACORD 25(201 0105) The ACORD name and logo are registered marks of ACORD
SECTION 00310
CITY OF ELGIN,ILLINOIS
•
BID BOND
We,the undersignedCopenhaver Construction,Ink Principal,and liberty Mutual insurance Comparg Surety,
are hereby held and firmly bound unto the CITY OF ELGIN,a municipality in the State of Illinois,in
the sum of FAY:Percent of Ant Dollars *5%of amt bid)We hereby jointly and severally bind ourselves,our
heirs,executors,administrators,successors and assigns.Principal has hereby submitted to the City
of Elgin a certain Bid attached hereto and hereby made a part hereof for the Project described.as:
Lord Street Green Infrastructure Project—Phase II
If Principal fails to execute a contract and furnish a performance bond and a labor and materials or
payment bond as provided for in its bid or otherwise fails to perform any of the obligations created by
the acceptance of said bid, Principal's bid deposit shall become and be the property of the City of
Elgin as and for reasonable liquidated damages,which shall not be construed as a penalty,but as an
actual estimate of damages.
If such Bid is rejected because of death, disability, or clearly apparent clerical error, Principal's bid
bond shall be returned to Principal.
Surety, for value received,the sufficiency of which is hereby acknowledged, hereby agrees that its
obligations and this bond shall in no way be impaired or affected by an extension of the time in which
the City of Elgin may accept such bid and said Surety does hereby waive notice of any such
extension.
IN WITNESS WHEREOF,the Principal and the Surety have set their hands and seals, and such of
them as are corporations have caused their corporate seals to be hereto affixed and have caused this
bond to be signed by their proper officers on this 12th day of July ,20 13
Copenhaver Cons ion,Inc. Liberty Mutual Insurance Company
CONT R : - - I'AL SURETTY
(Sign f/ (Signature) !
Ken Copenhaver,President WIlliam Reidinger,Attorney-in-Fact
(Name&Title) (Name&Title)
SEAL SEAL
•
Mayor
�II David J.Kaptain
City Council
Richard Dunne
E I N Terry L.Gavin
Anna C.Moeller
Tish S.Powell
THE CITY INTHE SUBURBS' John Prigge
Carol J.Rauschenberaer
Toby Shaw
F.John Steffen
City Manager
Sean R.Stegall
TO: Interested Bidders
FROM: City of Elgin
RE: Addendum# 1 to City of Elgin Bid #13-044, Lord St. CSO Green Infrastructure
Project—Phase 2
DATE: July 8,2013
The following amends the above referenced Bid.
1. The Elgin Residency Ordinance for all construction projects valued over $100.000
applies to this project.
2. Attached are the minutes and attendance sheet for today's non mandatory pre bid
meeting.
Bidder Name (J� YI !'t `�,� etri-,&41.1)(`kr-CY\
150 Dexter Court, Elgin, IL 60120 847-931-6100 www.cityofelgin.org Ea Printed on recroeo pipe,
City of Elgin
Lord Street CSO Green Infrastructure Project—Phase 2
Non-Mandatory Pre-Bid Conference
Monday July 8,2013 10:00 AM
Agenda
Attendees: Sign In Sheet (see attached)
Introductions
Rob Linke, P.E. Trotter and Associates, Inc. Sr. Project Engineer
Aaron Cosentino City of Elgin Management Analyst
Daina DeNye, CPPO City of Elgin Purchasing Director
t-yL,-Mandatory Meeting
Sign in Sheet
Receipt of Bids
Sealed bids will be received by the Purchasing Depailuient of the City of Elgin, Illinois until
11:00 A.M. Local Time, Friday, July 12, 2013 for the Lord St. CSO Green Infrastructure
Project - Phase 2. At that time the bids will be publicly opened and read at the Purchasing
Depa.,.ment in the City Hall located at 150 Dexter Court, Elgin,Illinois 60120.
Bid Package
• Contract Documents/Specifications
• Final Engineering Plans
• Addendum#1 to be issued
o Meeting Minutes \ Clarifications
Project Background (or Reason for Rebidding Phase I)
The City of Elgin received funding assistance through the IEPA Illinois Green Infrastructure
Grant (IGIG) program to build stormwater BMP structures within the Lord Street CSO Basin,
located on Elgin s west side. Phase 2 of the Lord Street Green Infrastructure Project is installing
nineteen (19) bioinfiltration basins. or rain gardens. in the public right of way at 17 locations
within the Lord Street neighborhood. Since the initial bidding of Phase I of the project in June of
2012, the basins have been redesigned to reduce the amount of excavation. piping and fittings,
and costly backfill materials. The product specifications. primarily those including piping,
engineered soil mix, and sand, have also been changed in effort to reduce the cost of each basin.
Funding
This project is being funded by the City of Elgin and a grant through the IEPA Illinois Green
Infrastructure Grant(IGIG)program.
Bid Security
Each bid shall be accompanied by a bid bond, bank draft, cashier's check or certified check
payable to the order of the City of Elgin, in an amount not less than five (5) percent of the
amount of the bid, as a guaranty that the bidder will execute the contract, if it is awarded, in
conformity with the bid form.
The successful bidder will be required to furnish Performance and Payment Bonds on forms
provided in the Specifications and Contract Documents, each in an amount equal to 100 percent
of the contract price.
Bidder Certification -AId `7„57, !1,-74-
Make sure that all bidder certifications are included within your bid package. Incomplete
bid packages will not be considered for contract.
Contract Time
The undersigned agrees to substantial completion of the work by November 30, 2013 and final
completion of the work by June 15, 2014. Substantial completion is defined as the construction
of all infiltration basins (EXCLUDING PLANTS), and restoration of all BMP sites. Final
completion is defined as completion of all project construction, final restoration of the BMP sites
and installation and acceptance of all plant material included in the executed contract.
Bid Opening
The low bidder will be determined by the Total Price of the Base Bid. All alternates must be
included.
The Alternates include
1. Supply and Install Plants (6 basins)
2. Supply and Install Plants (6 basins)
3. Supply and Install Plants (7 basins)
4. The removal and disposal of contaminated soils
Permits
No permits are needed for this project.
Wage Provisions
The contractor shall pay prevailing wages in accordance with Illinois Department of Labor
prevailing wage rates for Kane County.
Key Points during Construction
The proposed project consists of primarily but is not Iimited to the following:
1. Construction of 19 parkway rain gardens at 17 locations; 9 basins with
underdrain; 10 basins with no underdrain
2. Retrofitting existing combined sewer inlets to feed or provide overflow
capabilities from the rain gardens
3. Restoration of all disturbed areas
Soil Certification
Representative soil samples will be collected and field screened for the presence of volatile
organic vapors using a photo ionization detector(P ID). Visual and olfactory senses will also be
used to screen the soil samples for the presence of petroleum hydrocarbons. If no samples
display an elevated PID reading, then the soil will be assumed to be, to the best of our
knowledge, clean, uncontaminated fill material. This information will be documented on the
IEPA LPC-662 form and provided to the Contractor prior to the start of excavation. Any
additional testing beyond this information shall be the responsibility of the Contractor and
incidental to contract price.
Alternate 4 of the Project Bid requires a value for the removal and disposal of contaminated
material in increments of 12 cubic yards.
Addendum-None to Date
Addendum No. 1 will be issued within the few days and will include, at a minimum, the
following items:
• Copy of Pre-Bid Meeting Minutes
• Copy of Pre-Bid Meeting Sip-in Sheet
• Answers to meeting questions.
Questions/Clarifications from Bidders
Questions and/or clarifications regarding this project should be directed in writing. to Rob Linke.
at the office of the Engineer. by facsimile to 630,1587-0475 or by email to r.IinkeZtaienat.com .
Clarifications requested by Bidders must be in writing not less than 2 days prior to the date set
for receipt of Bids. The reply will be in the form of an Addendum, a copy of which will be
forwarded to all plan holders. Verbal answers are not binding on any party.
Questions/Answers Asked During the Prebid Conference:
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1
City of Elgin
Lord Street CSO Green Infrastructure Project— Phase 2
Non-Mandatory Pre—Bid Conference
Monday July 8,2013 10:00 AM
Agenda
Attendees: Sign In Sheet(see attached)
Introductions
Rob Linke, P.E. Trotter and Associates,Inc. Sr. Project Engineer
Aaron Cosentino City of Elgin Management Analyst
Daina DeNye, CPPO City of Elgin Purchasing Director
tr) ;Mandatory Meeting
Sign in Sheet
Receipt of Bids
Sealed bids will be received by the Purchasing Department of the City of Elgin, Illinois until
11:00 A.M. Local Time, Friday, July 12, 2013 for the Lord St. CSO Green Infrastructure
Project — Phase 2. At that time the bids will be publicly opened and read at the Purchasing
Department in the City Hall located at 150 Dexter Court, Elgin, Illinois 60120.
Bid Package
• Contract Documents/Specifications
• Final Engineering Plans
• Addendum #1 to be issued
o Meeting Minutes \ Clarifications
Project Background (or Reason for Rebidding Phase I)
The City of Elgin received funding assistance through the IEPA Illinois Green Infrastructure
Grant (IGIG) program to build stormwater BMP structures within the Lord Street CSO Basin,
located on Elgin's west side. Phase 2 of the Lord Street Green Infrastructure Project is installing
nineteen (19) bioinfiltration basins, or rain gardens. in the public right of way at 17 locations
within the Lord Street neighborhood. Since the initial bidding of Phase I of the project in June of
2012. the basins have been redesigned to reduce the amount of excavation, piping and fittings,
and costly backfill materials. The product specifications, primarily those including piping,
engineered soil mix. and sand, have also been changed in effort to reduce the cost of each basin.
Wage Provisions
The contractor shall pay prevailing wages in accordance with Illinois Department of Labor
prevailing wage rates for Kane County.
Key Points during Construction •
The proposed project consists of primarily but is not limited to the following:
1. Construction of 19 parkway rain gardens at 17 locations; 9 basins with
underdrain; 10 basins with no underdrain
2. Retrofitting existing combined sewer inlets to feed or provide overflow
capabilities from the rain gardens
3. Restoration of all disturbed areas
Soil Certification
Representative soil samples will be collected and field screened for the presence of volatile
organic vapors using a photo ionization detector(PID). Visual and olfactory senses will also be
used to screen the soil samples for the presence of petroleum hydrocarbons. If no samples
display an elevated PID reading, then the soil will be assumed to be, to the best of our
knowledge, clean, uncontaminated fill material. This information will be documented on the
TEPA LPC-662 form and provided to the Contractor prior to the start of excavation. Any
additional testing beyond this information shall be the responsibility of the Contractor and
incidental tocontract price.
Alternate 4 of the Project Bid requires a value for the removal and disposal of contaminated
material in increments of 12 cubic yards.
Addendum-None to Date
Addendum No. 1 will be issued within the few days and will include, at a minimum, the
following items:
+ Copy of Pre-Bid Meeting Minutes
• Copy of Pre-Bid Meeting Sign-in Sheet
• Answers to meeting questions.
Questions/Clarifications from Bidders
Questions and/or clarifications regarding this project should be directed in writing to Rob Linke,
at the office of the Engineer, by facsimile to 630/587-0475 or by email to r.linkeZtaienQr.com .
Clarifications requested by Bidders must be in writing not less than 2 days prior to the date set
for receipt of Bids. The reply will be in the form of an Addendum, a copy of which will be
forwarded to all plan holders. Verbal answers are not binding on any party.
TO: Interested Bidders
FROM: City of Elgin
RE: Addendum# 2 to City of Elgin Bid #13-044, Lord St. CSO Green Infrastructure
Project—Phase 2
DATE: July 11. 2013
The following amends the above referenced Bid.
I. This project is tax exempt (as it is a project for the City of Elgin as Project Owner).
2. The base bid includes installation of the mulch in each basin (Alternates 1, 2 and 3
include installation of plants into the mulched basins previously constructed in the Base
Bid).
3. For Bidding purposes. the Planting TABLES in the construction drawings shall be used
to quantify plants, as there are typographic errors in the quantities shown on the planting
plans. Planting plans will be updated to match the quantities shown in the planting tables
in the final plans issued for construction.
END OF ADDENDUM #2
leA/441/iir
BIDDING REQUIREMENTS, CONTRACT FORMS,
CONTRACT CONDITIONS AND SPECIFICATIONS
for
•
CITY OF ELGIN
LORD STREET CSO GREEN INFRASTRUCTURE PROJECT-PHASE II
2013 '
City Officials
David Kaptain
Mayor
City Council
Richard Dunne Tish S.Powell
Terry Gann John Prigge
Anna C.Moeller F.John Steffen
Terry Rauschenberger Terry Shaw
City Staff
City Manager—Sean R.Stegall
Assistant City Manager—Richard G.Kozal
City Clerk—Kimberly Dewis
Chief Financial Officer—Colleen Lavery
TROTTER AND ASSOCIATES,INC. ° TROTTER AND ASSOCIATES,INC.
40W201 WASCO ROAD SUITE D °° 5415 BUSINESS PARKWAY
ST.CHARLES,ILLINOIS 60175 \ JR RINGWOOD,PHONE 815.7L8 00 60072
PHONE 630.587.0470 A �\ \�� and �� FAX 8815.728 008
FAX 630.587.0475 ASSOCIATES.INC.
ENGINEERS AND SURVEYORS
I hereby certify that these documents were prepared under my direct supervision.
7,11
••t P1 E. OA, 3dNE a017
Robert E.Linke,P.E. •' F . Date
Illinois Registered Professional Engineer t- .*062-053753 •+
No.062-053753 ' E6ISTERNA
Expires: November 30,2013 : 17:1NEERI ; Project No. COE-010
r
. ' Issued for Bids:06/28/13
�l.LINO
DIVISION 0
CONTRACT DOCUMENTS
This Page Intentionally Left Blank
NOTICE TO BIDDERS
Bid 13-044
Sealed bids will be received by the Purchasing Department of the City of Elgin. Illinois until
11:00 A.M. Local Time, July 12, 2013 for the Lord St. CSO Green Infrastructure Project —
Phase 2. At that time the bids will be publicly opened and read at the Purchasing Department in
the City Hall located at 150 Dexter Court, Elgin, Illinois 60120.
The proposed improvement includes construction of 19 parkway rain gardens at 17 locations,
retrofitting existing combined sewer inlets to feed or provide overflow capabilities to the rain
gardens, and restoration of all disturbed areas.
All proposals must be accompanied by a Bid Bond, Certified or Cashier's Check or a Bank Draft
in an amount equal to at least 5 percent of the bid,payable without condition to the City of Elgin,
Illinois, which sum shall be forfeited in case the successful bidder fails to enter into a binding
contract and provide a properly executed contract surety bond within 15 days after the date the
contract is awarded by the city council.
The successful bidder shall be required to furnish a satisfactory contract bond to the City of Elgin
by a surety company authorized to do business in the state of Illinois covering the full amount of
the contract. The successful bidder shall pay prevailing wage and shall provide certified payrolls
to the City for the duration of the Project. The successful bidder must also comply with all of the
provisions of the Prevailing Wage Act of the State of Illinois and the City's Responsible
Bidder's Ordinance.
The bidder shall submit, if requested, a list of qualified references for projects of similar size and
scope of this project. Bids withdrawn may not be resubmitted at the same letting.
Each bidder shall satisfy the City of Elgin as to their ability, financially, or otherwise to carry out
the work. The right is reserved to reject any and all bids or to waive technicalities and any
informality in any bid.
A non-mandatory pre-bid meeting will be held on July 8. 2013 at 10:00 am at City Hall, 150
Dexter Court. Elgin, IL 60120 in the 1St Floor Conference Room.
Copies of the specifications, proposal and contract may be obtained for a non-refundable fee of
$35 from the Purchasing Department located at, 150 Dexter Court. Elgin, Illinois 60120.
Documents can be sent 1St class mail for a fee of$15 - or using the bidder's Federal Exp account.
Questions regarding this bid package can be directed to Rob Linke, P.E., CFM of Trotter &
Associates, Inc. at r.linke(a7taienar.com.
July 2, 2013
Daina DeNye
Purchasing Director
City of Elgin
This Page Left Blank Intentionally.
SECTION 00050
BIDDER CERTIFICATION
The following affidavit must be completed, notarized and submitted with the bid package in
compliance with Article 33 E of the"Criminal Code of 1961".
I(Name) 1Ae r k . do hereby certify that:
1. 1 iap (Position) PPS; ik- of(FirnOTame and Address) +0' A \her'
and have authority to execute this cere'iif cati" on on behalf of the firm;
2. The above referenced firm is not barred from bidding on this contract as a result of a
violation of either Section 33E-3, Bid-Rigging, or Section 33E-4. Bid Rotating, as set forth in
Article 33E of the "Criminal Code of 1961".
Signature
Date
Corporate Seal
(where appropriate)
REQUIRED NOTARIZATION
On I day(of : (j3, before me appeared (Name) �Q 1
Lbp.�l ,v� to me personally
known ho, being duly sworn. did execute t e foregoing affidavit. an4 did state thateor she
was properly authorized by(Name of Firm) klai4P_T" (- rASt 12X.:
to execute the affi vit and did so at his or her free act and deed.
Signature of Notary Public CL %,-' ((i �`
Commission Expires + �- I - I Co
ot. e.1
OFFICIAL SEAL
END 00050 L OWL
Notary Plec-State°Mimes
00050-1 ! My Commission Eros Dec 17,2036
May 2012 T G��wivelipc.
COE-010
This Page Left Blank Intentionally.
•
May 2012 00050-2 Trotter and Associates, Inc.
COE-010
INFORMATION FOR AND INSTRUCTIONS TO BIDDERS
1. DEFINITIONS AND TERMINOLOGY
Definitions, of the General Terms and Conditions of the Contract ("General
Terms and Conditions") included in the Project Manual are incorporated by reference as
if fully rewritten herein. In the event of a conflict between the definitions herein and those
found in the General Terms and Conditions, the former shall govern for the purpose of
this section only. All other terms which are not herein defined have their ordinary
dictionary meaning.
ADDENDUM(ADDENDA, PLURAL)-An Addendum is a document issued by the
City prior to the opening of the General Bids which clarifies, amends, or modifies the
Bidding Documents or the Contract Documents.
ALTERNATE BID-An Alternate Bid (or An Alternate) is a proposal for work which
is bid alternatively to the original bid proposal pursuant to instructions contained in the
Bid Form. Such alternative bids may include proposals for work that is different in scope
from that contained in the Base Bid.
BASE BID-A Base Bid is the sum proposed by a Bidder to perform the Work and
does not include any Alternate Bids.
BID-A Bid is a proposal to do the Work for a specified sum and includes
accompanying forms which are required to be submitted.
BIDDER-A Bidder is an entity that submits a Bid.
BIDDING DOCUMENTS-The Bidding Documents are comprised of the entire
Project Manual, which includes, but is not limited to, the Invitation to Bid (advertisement),
the Instructions to Bidders, all of the forms (e.g., Bid forms, sample Agreement form,
bond forms), the wage rates, the General Terms and Conditions of the Contract, any
supplementary terms and conditions thereto, the Drawings, the Specifications, and all
addenda.
BUSINESS DAYS-Business days are defined as all days of the week excluding
Saturdays, Sundays, and those holidays for which the City offices are closed for
observance.
CONTRACT DOCUMENTS-The Contract Documents consist of the Agreement,
the Certificates of Insurance, Bonds, Notice of Award, Notice to Proceed, General
Conditions, Supplementary Conditions, Specifications, Drawings, Addenda, Contractor's
Bid, City Forms, and any subsequent written amendments to the documents listed herein.
PROJECT-The Project is the total Construction to be provided under the
Contract Documents and the Work may be the whole or a part of the Project as indicated
elsewhere in the Contract Documents and may include construction by the City or by
separate contractors. The Project is the Work described in the Bidding Documents.
PURCHASING DEPARTMENT-The Purchasing Department refers to the City of
Elgin Purchasing Department located at 150 Dexter Court, Elgin IL.
Instructions to Bidders Page 1
WORK-Work refers to the services and the entire completed construction or the
various separately identifiable parts thereof required by the Contract Documents,
including all labor, materials, and equipment furnished, furnished and incorporated into
the Project, or to be provided by the Contractor to fulfill the Contractor's obligations. The
Work may constitute the whole or a part of the Project.
2. COPIES OF BIDDING DOCUMENTS
A Bidder may obtain complete sets of Bidding Documents upon payment of a
nonrefundable fee,the amount of which is set forth in the Invitation to Bid.
No partial sets of Bidding Documents shall be issued.
It is the responsibility of the Bidder to insure that it has obtained a complete set of
Bidding Documents. Complete sets of Bidding Documents shall be used in preparing
Bids. The City shall not be liable for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents, or any other reason, in preparing the Bids.
Distribution of the Bidding Documents is for the sole purpose of obtaining Bids
and does not confer a license or grant permission for any other use of the Bidding
Documents.
3. STATE WAGE RATE REQUIREMENTS
The minimum prevailing wage rates are included with the Bidding Documents
and apply to this Project. Bidder shall comply with all statutory requirements regarding
prevailing wage rates.
Bidder, if awarded the contract, will keep accurate records showing the name,
address, telephone number, social security number, occupation, hourly wages (including
itemized hourly cash and fringe rates), hours worked each day, gross and net weekly
wages for each laborer, worker and mechanic employed on the Work. The records shall
be provided on a weekly basis to the City. The bidder shall collect and forward to the
City the certified payrolls of all its subcontractors. The prevailing wage for any trade may
change during the life of the Project. The selected Bidder and all its subcontractors shall
be responsible for checking the Illinois Department of Labor web page
(http://www.state.il.us/agency/idol/)to ensure that they are paying the current rate. If the
City discovers any discrepancies between the prevailing wage rates as apply to the Work
and the Bidder's payrolls, or if the Bidder or a subcontractor fails to submit payrolls, no
further payments shall be made to the Bidder until the discrepancy is corrected.
4. QUESTIONS AND INTERPRETATIONS
All questions about the meaning or intent of the Bidding Documents shall be
submitted in writing to the City's Purchasing Director or applicable department contact
specified in the Invitation no later than five calendar days prior to the date set for the
opening of Bids. Any questions received after such time shall be answered at the
discretion of the City.
Instructions to Bidders Page 2
Written clarifications or interpretations shall be issued by the Purchasing
Department in the form of an Addendum. Only questions answered by an Addendum
shall be binding. Oral clarifications or interpretations shall be without legal effect.
Addenda shall either be faxed or mailed to all persons having received Bidding
Documents from the Purchasing Department.
Each Bidder shall be responsible for determining that it has received all Addenda
issued.
5. THE BID
BIDDER'S REPRESENTATIONS.
In submitting a Bid,the Bidder represents that:
- it has read and examined the Bidding Documents
thoroughly;
- it understands the Bidding Documents;
- the Bid is made in accordance with the Bidding Documents;
- it has visited the site, has become familiar with the
conditions of the site and the surrounding area, and has
familiarized itself with local conditions that may in any
manner affect cost, progress, or performance of the Work;
- it has correlated its own observations with the Bidding
Documents;
- it has found no errors, conflicts, ambiguities, or omissions in
the Bidding Documents, except for those that it has brought
to the City's attention either orally at a pre-bid conference or
in writing at least five (5) calendar days prior to submitting its
Bid;
- it is familiar with all of the applicable Federal, State, and City
laws, rules, regulations, and procedures affecting its Bid and
its Bid is in conformity with those laws, rules, regulations,
and procedures;
- the Bidder has complied with every requirement of these
Instructions and that the Bidding Documents are sufficient in
scope and detail to indicate and convey an understanding of
all terms and conditions for the performance of the Work;
and
- Bidder hereby waives and releases any and all rights it may
have pursuant to the Public Construction Contract Act, 30
ILCS 557/1 et.seq.
BID CONTENTS.
The checklists below are included for the bidders' convenience only and shall not
be construed to constitute a waive or abridgement of the City's right to reject any
or all bids.
A Bid shall include:
- a completed Bid form
- a Bid deposit;
- EEO/Sexual Harassment Forms
Instructions to Bidders Page 3
- a Tax/Collusion/Debarment/Prevailing Wage Affidavit/Legal Status
RIGHT TO WAIVE INFORMALITIES AND PERMIT CURATIVE MEASURES.
The City reserves the right to waive any Bid informalities. The City may permit
bidders who fail to include forms not otherwise required by law to cure such omission(s)
within five days of bid opening, in the City's sole discretion.
Bid Deposits: Unless otherwise stated, every Bid shall be accompanied by a
Bid deposit in the form of a Bid bond, certified check or a treasurer's, or cashier's check
issued by a responsible bank or trust company, payable to the City of Elgin. The Bid
bond shall be (a) in a form satisfactory to the City; (b) with a surety company qualified to
do business in the state of Illinois and satisfactory to the City; and (c) conditioned upon
the faithful performance by the bidder of the terms contained in the Bid. The Bid deposit
shall be not less than five percent(5%)of the value of the Bid.
Bids Forms. Each Bid shall be submitted on the Bid form included in the Project
Manual. In the case of a conflict between dollar figures and words, written amounts shall
control over dollar figures. All blank spaces shall be filled. Any and all blank spaces
shall constitute sufficient cause to reject any bid. The Bid form shall be completed in ink
or by typewriter.
Acknowledgment of Addenda. Each Bidder shall acknowledge the receipt of
all Addenda (the numbers of which are to be filled in on the Bid form by the Bidder). A
Bidder's failure to acknowledge any Addendum shall constitute sufficient cause for
rejection of a bid at the City's sole discretion.
SUBMISSION OF A BID.
Prior to the deadline for receipt of Bids, each Bid shall be submitted to the
Purchasing Department in a sealed envelope which is plainly marked on the outside with
the name and address of the Bidder, the title of the Project, and the date and time of the
Bid opening. Any Bid received after the deadline shall not be accepted. Any Bid
submitted to any other office or department of the City and received by the Purchasing
Department after the deadline for receipt of Bids shall not be accepted. It is the
responsibility of the Bidder to ensure that its Bid is received by the Purchasing
Department in a timely fashion. The deadline for receipt of Bids can be extended by
Addendum only.
Bids may not be submitted orally, by facsimile, by telephone, or by any other
method except for the method described above.
MODIFICATION OF A BID.
A Bid may be modified only by submitting any such modification in the form of a
document executed in the same manner as a Bid, delivered in a sealed envelope in the
same manner as a Bid, designated as a modification to the original Bid and submitted to
the Purchasing Department prior to the time designated for the opening of Bids.
WITHDRAWAL OF A BID.
Prior to Bid opening. A Bid may be withdrawn before the time designated for
opening Bids. All requests for withdrawal of a bid shall be in writing. Withdrawal of a Bid
Instructions to Bidders Page 4
prior to the Bid opening time shall not prejudice the right of a Bidder to resubmit a Bid. A
Bid cannot be withdrawn after the Bid opening time except as provided in the Bidding
Documents.
After Bid opening. In the case of death, disability, clearly apparent clerical
error, a Bidder may withdraw its Bid after the time designated for Bid opening, if within
five (5) days of the date designated for opening its Bid, such Bidder submits a statement
under the penalties of perjury to the Purchasing Department detailing the basis for
withdrawal. The City shall then make a determination as to whether such Bidder shall be
permitted to withdraw such bid. Such a determination shall be in the City's sole
discretion. In such case, the Bid Deposit shall be returned to the Bidder.
BID OPENING.
All Bids received prior to the date and time designated for the Bid opening shall
be opened publicly and read aloud at a location designated by the Purchasing
Department.
PUBLIC BID REVIEW AND INSPECTION.
Upon opening, all Bids become public records except for any portions thereof
that are not subject to public disclosure as a matter of law.
Bids may be reviewed by the public in a manner set forth by the Purchasing
Department.
Any Bidder who objects to a Bid may protest the Bid. Bid protests shall be
governed by Elgin Municipal Code Chapter 5.26.
LOCAL PURCHASING PREFERENCE: Bids from responsible and responsive local
businesses that do not exceed the lowest bid price from a responsive and responsible
nonlocal business by more than two percent (2%) but no more than $500 for contracts of
$25,000 or less or by more than one percent (1%) but no more than $2,500 for contracts
in excess of $25,000 shall be awarded to the local businesses. A local business is a
business authorized to do business under the laws of the City of Elgin, a business with its
principal place of business located within the corporate limits of the City of Elgin, which
has the majority of its regular, full-time workforce located within the City of Elgin and is
subject to City of Elgin taxes including, but not limited to, sales taxes.
6. RESERVATION OF RIGHTS TO REJECT BIDS
The City reserves the right to reject any or all Bids, if it is in the public interest to do so.
The City reserves the right to reject the Bid of any Bidder who, either in its own right or
through an affiliation with another entity which the City has determined has not completed
a prior project, whether with the City or elsewhere, because of the fault of the Bidder, its
Subcontractors or employees; has been declared in default on a prior contract whether
with the City or elsewhere; has failed to complete a prior project in a timely fashion
whether with the City or elsewhere; based on its work record, is not capable of
performing the within Contract whether due to lack of sufficient prior experience, as
determined by the City, or any other reason; has a work record of its Subcontractors
demanding direct payment from the owner; has a work record of its Subcontractors,
Instructions to Bidders Page 5
employees or material suppliers complaining to the City or other awarding authority
regarding the Bidder's failure to pay them; has a record of complaints made to the City or
other awarding authority by persons offended by the behavior of the Bidder, its
Subcontractors or employees; or has a record of its failure to comply with State of Illinois
and/or City laws or requirements. "Work record" or"record" constitutes a minimum of one
event in the work history of the Bidder.
The City shall reject every Bid that is not accompanied by a Bid deposit.
7. AWARD OF CONTRACT
The City shall award the contract to the lowest responsible (as defined in Elgin
Municipal Code Chapter 5.04) and responsive (as defined in Elgin Municipal Code
Chapter 5.04) Bidder within 60 days after the date of the opening of the Bids. If the
successful Bidder fails to execute a contract in accordance with the terms of its Bid and
to furnish all applicable bonds, an award shall be made to the next lowest responsible
and responsive Bidder. The time limit provided above shall not be applicable to a second
or subsequent award.
Any Bidder who fails to execute a contract and furnish applicable bonds shall
forfeit its Bid deposit which shall become the property of the City. The amount retained
by the City shall not exceed the difference between the lowest Bid price and the Bid price
of the next lowest responsible and eligible bidder.
The City shall notify the selected Bidder and all other Bidders of the award.
The City shall submit to the selected Bidder a Notice of Award and at least four
(4) unsigned copies of the Agreement between the City and the Contractor. The Bidder
shall return all executed copies of the Agreement, all bonds and insurance certificates to
the City's Purchasing Director within 10 Business Days of the notice of the notice of
award.
The selected Bidder shall also provide a written substance abuse program that
conforms with the requirements of Public Act 095-0635, or a copy of its union contract
that establishes a drug/alcohol testing program, prior to the performance of the Work.
Failure of the selected Bidder to submit such documents in a timely fashion as
provided above may result in the withdrawal of the award, at the City's discretion. The
City shall return one executed copy of the Agreement to the Contractor. Time is of the
essence in the performance of the Agreement.
8. COMPLETION TIME
The selected Bidder shall commence work not less than 7 days following receipt
of a written "Notice to Proceed" and shall fully complete the project within or by 90 days
from the date of the Notice to Proceed. If any conflict exists between the date provided in
the Agreement and these Instructions, the Agreement shall prevail. Selected Bidder shall
also pay as liquidated damages the sum of 100.00 dollars for each calendar day
thereafter that the work remains unfinished. Selected Bidder agrees that such liquidated
damages constitute a reasonable, good faith estimate of damages actually incurred by •
the City and do not constitute a penalty. Such aforementioned liquidated damages shall
constitute the sole recourse for the City for violation of this paragraph.
Instructions to Bidders Page 6
DAINA L. DENYE
PURCHASING DIRECTOR
END OF INFORMATION FOR AND INSTRUCTIONS TO BIDDERS
Instructions to Bidders Page 7
This Page Intentionally Left Blank
Instructions to Bidders Page 8
SECTION 00300
PROPOSAL
To the Director of City of Elgin, Illinois: j�
1. Proposal of(Name and Address of Bidder) \ivk.r,i,,v
Y �./C51� C"f�CJY
14(rfi Cpr- soraH
1 L Lec t3Ln
for the improvement designated below.
A The proposed project consists primarily but is not limited to the following:
1. Construction of 19 parkway rain gardens at 17 locations: 9 basins with
underdrain; 10 basins with no underdrain.
2. Retrofitting existing combined sewer inlets to provide underdrain capabilities
from the rain gardens.
3. Restoration of all disturbed areas.
2. The plans for the proposed improvement are those prepared by Trotter and Associates, Inc.,
40W201 Wasco Road, Suite D, St. Charles, Illinois 60175. Said plans are designated as
Engineering Plans for"Lord St. CSO Green Infrastructure Project—Phase 2" , dated June 14,
2013 and which cover the work described in Paragraph 1 above for the price of:
Sum (in word's) . OC s / G,Kl 1, /,11 . ars and
Cents
Sum (in figures) S 112 e
The low bidder will be determined by the Total for the Base Bid for all BMP Sites.
June 2013 00300-1 Trotter and Associates. Inc
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City of Elgin
Parkway Rain Garden Program - Phase 2
Description Quantity Unit Price Total Price
BMP Site No. 1 —853 South Street(with underdrain) LS 61:300 13; 300
BMP Site No.2—836 Walnut Avenue(with underdrain) LS ,235 IS; 23 7
BMP Site No.3 —602 Walnut Avenue(no underdrain) LS i5,7as I37;J
BMP Site No.4—341 Jewett Street(with underdrain) LS i'i L400 1 ',LIDO)
BMP Site No. 5—375 Jewett Street(with underdrain) LS o2 11 , OLff Lc )
BMP Site No. 6—251 Moseley Street (with underdrain) LS 113qO 19/ 39 D
BMP Site No. 7—202 Perry Street(no underdrain) LS , I O 3() I f, (.)3j0
BMP Site No. 8—451 Washburn Street(no underdrain) LS 1(), D
BMP Site No. 9—335 Oak Street(no underdrain) LS 111700 ` �i 700
BMP Site No. 10 —326 Oak Street (no underdrain) LS I; 7 13i 7 35—
BMP
5BMP Site No. 11 —400 Billings Street(no underdrain) LS 9'700 970 0
8
BMP Site No. 12—428 Billings Street(no underdrain) LS • `{s c313-30
BMP Site No. 13 —264 Oak Street (3 basins; each with
underdrain) LS 39, 3� 0
BMP Site No. 14— 173 Orchard Street(no underdrain) LS I,1 Slap n(51.00
BMP Site No. 15 —331 Griswold Street(no underdrain) LS , �a� }62.5 13/4 EP 3
BMP Site No. 16 —854 Orange Street (with underdrain) LS ,go,lint) p.O, (D C
BMP Site No. 17—431 Griswold Street(no underdrain) LS 13,32'5 13c 3 5'
a7Base Bid Total Price= , Li,�
NOTE: BASE BID DOES NOT INCLUDE SUPPLY & INSTALLATION OF PLANT s
PLUGS (SEE BID ALTERNATES 1-3).
June 2013 00300-2 Trotter and Associates, Inc
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Bid Alternate 1: Supply &Install Plants
BMP Site Total Price
BMP Site No. 1 —853 South Street / S 0 0
BMP Site No. 2—836 Walnut Avenue /5-57-)
ff_
BMP Site No. 3 —602 Walnut Avenue c (aqD
BMP Site No. 4—341 Jewett Street /(762
Q
BMP Site No. 5 —375 Jewett Street 130
BMP Site No. 16— 854 Orange Street /SDO
TOTAL— BID ALTERNATE #1 (6 Basins): 1 i (2Z)
Bid Alternate 2: Supply &Install Plants
BMP Site Total Price
BMP Site No. 6—251 Moseley Street �,G.� D
BMP Site No. 7—202 Perry Street 00 0
BMP Site No. 8—451 Washburn Street 1, 00 CD
BMP Site No. 9—335 Oak Street I OO
BMP Site No. 10—326 Oak Street i CDC)
BMP Site No. 14— 173 Orchard Street I L O D
TOTAL—BID ALTERNATE #2 (6 Basins): ;Pi gt LID
Bid Alternate 3: Supply & Install Plants
BMP Site No. 11 —400 Billings Street C)0 0
BMP Site No. 12—428 Billings Street Ci DC)
BMP Site No. 13 —264 Oak Street(3 basins) k(JUL)
BMP Site No. 15 —331 Griswold Street
BMP Site No. 17—431 Griswold Street 12DO
TOTAL— BID ALTERNATE #3 (7 Basins): ;fir G I��p
June 2013 00300-3 Trotter and Associates. Inc
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Bid Alternate 4:
Total Price per
Description Unit Quantity Quantity
Removal and Disposal of Contaminated Soils CY 12 CY I SD
June 2013 00300-4 Trotter and Associates, Inc
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SSRBC Standard Specifications for Road and Bridge Construction in Illinois—Illinois
Department of Transportation, Current Edition.
SSWSMC Standard Specifications for Water and Sewer Main Construction in Illinois, Illinois
Society of Professional Engineers, etal., Current Edition.
3 In submitting this Proposal, the undersigned acknowledges receipt of the following addenda:
4 In submitting this Proposal, the undersigned declares that the only persons or parties
interested in the Proposal as principals are those named herein and that the Proposal is made
without collusion with any person, firm or corporation.
5 The undersigned further declares that he has carefully examined the Proposal, Plans.
Specifications, Agreement and Contract Bond included in the Specifications and Special
Provisions, and that he has inspected in detail the site of the proposed work, and that he has
familiarized himself with all of the local conditions affecting the Contract and the detailed
requirements of construction, and understands that in making this proposal, he waives all
right to plead any misunderstanding regarding the same.
6 The undersigned further understands and agrees that, if this proposal is accepted, he is to
furnish and provide all necessary machinery, tools, apparatus and other means of
construction, and to do all of the work, and to furnish all of the materials specified in the
contract, except such materials as are to be furnished by the Owner in the manner and at the
time therein prescribed, and in accordance with the requirements therein set forth.
7 The undersigned further agrees to execute a contract for this work and present the same to the
Owner within fifteen (15) days after the date of notice of the award of the contract to him.
8 The undersigned further agrees that he and his surety will execute and present within fifteen
(15) days after the date of notice of the award of contract. a contract bond satisfactory to and
in the form prescribed by the Owner, in the penal sum of the full amount of the contract.
guaranteeing the faithful performance of the work in accordance with the terms of the
contract.
9 The undersigned further agrees to begin work not later than ten (10) days after the execution
and approval of the Contract and Contract Bond. and receipt of"Notice to Proceed" unless
otherwise authorized or directed by the Owner and to prosecute the work in such manner and
with sufficient materials. equipment, and labor as will insure its completion within the time
limit specified herein, it being understood and agreed that the completion within the time
limit is an essential part of the contract. The undersigned agrees substantial completion of
the work shall be attained by November 30,2013 and final completion by June 15,2014.
Substantial completion is defined as the construction of all infiltration basins (EXCLUDING
PLANTS). and restoration of all BMP sites. Final completion is defined as completion of all
project construction, final restoration of the BMP sites and installation and acceptance of all
plant material included in the executed contract. In case of failure to complete the work
June 2013 00300-5 Trotter and Associates. Inc
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within the time named herein or within such extra time as may have been allowed by
extensions, the undersigned agrees that the Owner shall withhold, from such sums as may be
due him under the terms of this contract, the costs set forth in the specifications, which costs
shall be considered and treated not as a penalty, but as damages due the Owner from the
undersigned by reason of inconvenience to the Owner. The added cost of Engineering and
supervision, additional finance charges, and other items which have caused an expenditure of
Owner's funds resulting from the failure of the undersigned to complete the work within the
time specified in the contract can constitute such damages.
10 Provisions for Liquidated Damages are set forth in the Agreement.
11 If this proposal is accepted and the undersigned shall fail to execute a Contract and Contract
Bond as required herein, it is hereby agreed that the amount of the bond. check or draft shall
become the property of the Owner and shall be considered as payment of damages due to
delay and other causes suffered by Owner because of the failure to execute said Contract and
Contract Bond; otherwise said bond, check or draft shall be returned to the undersigned.
12 By submission of the Bid, each bidder certifies, and in the case of a joint bid each party
thereto certifies as to his own organization, that in connection with the bid.
A The prices in the bid have been arrived at independently, without consultation,
communication, or agreement, for the purpose of restricting competition. as to any matter
relating to such prices with any other bidder or with any competitor.
B Unless otherwise required by law, the prices which have been quoted in the bid have not
knowingly been disclosed by the bidder, prior to opening, directly or indirectly to any
other bidder or to any competitor; and
C No attempt has been made or will be made by the bidder to induce any other person or
firm to submit or not to submit a bid for the purpose of restricting competition.
13. Each person signing the bid shall certify that:
A He is the person in the bidder's organization responsible for the decision as to the prices
being bid and that he has not participated, and will not participate, in any action contrary
to subsection (12) above; or
B He is not the person in the bidder's organization responsible for the decision as to the
prices being bid, but that he has been authorized to act as agent for the persons
responsible for such decision in certifying that such persons have not participated, and
will not participate, in any action contrary to subsection (12) above, and as their agent
shall so certify. He shall also certify that he has not participated, and will not participate.
in any action contrary to subsection (12)above.
June 2013 00300-6 Trotter and Associates. Inc
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(If an Individual) Signature of Bidder: (SEAL)
Business Address:
(If a Co-partnership) Firm Name (SEAL)
Signature of Bidder
Business Address:
(Insert Names and addresses
of all members of the Firm)
(If a Corporation) Corporate Name ,r I_ 112/ Af *Ail (SEAL)
API
Signature
'resident
Attested by:
Business Address � -> ems, DIT
toot60
(Insert Names of Officers) President CLy0hfikkikVer
Secretary
Treasurer
June 2013 00300-7 Trotter and Associates, Inc
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CERTIFICATE OF NON-DISQUALIFICATION
UNDER IL. COMPILED STATUTES, CII.720,SEC.33E-11
The undersigned, on being first duly sworn, hereby certifies to the City of Elgin, Kane County,
Illinois, that r
(Contractor)
is not barred from contracting with any unit of State or local government, as a result of a
violation of Ch. 720, Sec.33E-4 of the Illinois Revised Statutes.
Name .fCo. tra. �r
ignature
`- •Y1\e\a11fer-
Print/Type Name \
Pcknk
Title
I
Subscribed and sworn to before me this I [ ay of � l�- , 2013.
C j/(/- /
Notary Pu is
Commission Expires
o arySeai
OFFICIAL SEAL
ISICHELLE EOMI
Notary POW State of Illinois
My Commission Expires Dec 17,2016
NOTE TO BIDDER: Anyone who makes a fal cation,
commits a Class 3 Felony under Ch. 720. Sec. 33E-11(b) of the Illinois Compiled Statutes.
June 2013 00300-8 Trotter and Associates, Inc
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CERTIFICATE OF COMPLIANCE OF
ILLINOIS COMPILED STATUTES CII.65,SEC 11-42.1
The undersigned. upon being first duly sworn, hereby certifies to the City of Elgin. Kane County,
Illinois,that
,--1g0Q-50 V-100%,(2--r COri.S. C5T)
(Contractor)
is not currently delinquent in the payment of any tax administered by or owed to the Illinois
Department of Revenue, or otherwise in default upon any such tax as defined under Chapter 65,
Section 11-42.1, Illinois Compiled Statutes.
C)+1\na,U '
Name of C. trac s
ignat re
Print/Type Name
Title
Subscribed and sworn to before me this I day ofrDtj._� , 2013.
I
Notary Publics l o
V
Commission Expires
_ • 'a
OFFICIAL SEAL
• MICHELLE COM
Notary Public-State of Illinois
My Commission Expires Dec 17,2016
June 2013 00300-9 Trotter and Associates, Inc
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CERTIFICATE OF COMPLIANCE WITH SAFETY STANDARDS
The undersigned, upon being first duly sworn, hereby certifies to the City of Elgin, Kane County.
Illinois,that
Ct3t. 1/41,1)e.
e9Def) '101•VW—
(Contractor)
shall comply with all local, state and federal safety standards.
Cen\r \Qr
Name f Co tract,
00 ,
:gnature '
I" �4 *;A it ' 1
Print/Type Name
er,--, ( 7 ♦
Titl e
Subscribed and sworn to before me this i I J day of , ^ \ , 2013.
c`/61 -LrZfe'4 ---P
Notary Public
Commission Expires
o 'S
OFFICIAL SEAL
MICHELLE GOHL
Notary Public-State of Illinois
My Commission Expires Dec 17,2016
June 2013 00300-10 Trotter and Associates, Inc
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CERTIFICATE OF COMPLIANCE WITH PUBLIC ACT 87-1257
OF THE ILLINOIS HUMAN RIGHTS ACT
The undersigned, upon being first duly sworn, hereby certifies to the City of Elgin, Kane County,
Illinois,that 0,,g
CnirGA1' 1)C.,- 01,(\
(Contractor)
complies with the Illinois Human Rights Act as amended by Section 2 - 105, Public Act 87 -
1257 in relation to employment and human rights.
enPe-n\rek iGrISTRY .41
Name oil Con racto
- : ature
Yu eo f ri h C
Print/Type Name
fteS46-erie
Title
Subscribed and sworn to before me this 1 I day of ( A,,i , , 2013.
I ' r i
Notary Public
Commission Expires
— — — -Natam,ae91 — —
OFFICIAL SEAL
MICHELLE GOHL
Notary Public-State of Illinois
My Commission Expires Dec 17,2016
June 2013 00300-11 Trotter and Associates, Inc
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CITY OF ELGIN,ILLINOIS
FAIR EMPLOYMENT PRACTICES AFFIDAVIT OF COMPLIANCE
NOTE:THIS AFFIDAVIT MUST BE EXECUTED AND SUBMITTED WITH THE SIGNED
BID FORM.NO BIDS WILL BE ACCEPTED BY THE BOARD OF TRUSTEES OF
CITY OF ELGIN UNLESS SAM AFFIDAVIT IS SUBMITTED CONCURRENTLY
rWITH THE BID.
Veen £ xcxr
being first duly sworn, deposes and says that he is the PieS0 ;-tk
of ikwrCur&
(Title or Officer)
and that he has authority to make the following affidavit;that he has knowledge of the City of
Elgin's standards relating to Fair Employment Practices and knows and understands the contents
thereof;
that he certifies hereby that it is the policy of ` ���Y�, vi1
' (Name of Company)
to recruit, hire,train, upgrade,promote and discipline its employees without regard to race,
creed, color, religion, age, sex or physical or metal handicap; and that the company has and
enforces policies which prohibit sexual harassment in the workplace.
!fir( = * -tc.-- Pre-S G
b ature)
► t )
SUBSCRIBED and sworn to before me this I day of � � 2013.
•
rotary Public)
END 00300
June 2013 00300-12 Trotter and Associates, Inc
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This Page Intentionally Left Blank.
June 2013 00300-13 Trotter and Associates. Inc
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OC eLC
;% i~
yI •
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
Company Name -,s s II 4-
Address
Phone Number —1—(4 =jg $ Cidf
r
Email Address '.it .1,1i . : I >h'. t+ :I ..(x,(11
FEIN No. C)-01 L . a r`?'
.4 OF ESC,
r
4. -t
111
City of Elgin, Illinois
Equal Employment Written Commitment Guideline
The written commitment required in Item#4 of the Bidder's Employee Utilization Form shall:
1. Set out the name and phone number of the bidder's Equal Employment Officer.
2. Clearly identify the bidder's recruitment area and the percentage of minorities and females in the
area's population and labor force.
3. Set out what the bidder has done and has set as a goal to ensure the recruitment of minority and
female employees.
4. Set out the bidder's specific goals to recruit minorities and females for training programs or other
similar opportunities available through the bidder's organization.
5. Indicate bidder's consent to submit to the City of Elgin, upon request. statistical data concerning
its employee composition and recruitment efforts anytime during the term of the contract.
6. Show bidder's consent to distribute copies of the written commitment to all persons who
participate in recruitment, screening, referral, and selection and hiring of job applicants for the
bidder.
7. Clearly show that the bidder shall require all subcontractors, if any, to submit a written
commitment complying with the above requirements of their affirmative action plan to the City of
Elgin.
8. Clearly state the bidder agrees that:
"Bidder(company name) shall not discriminate against any employee or applicant on the basis of
race, color, religion, sex, national origin. age, place of birth. ancestry, martial status. or disability
(physical or mental)which will not interfere with the performance of the job in question."
Description of Groups for Classification Purposes
White: all persons having origins in Europe,North America,or the Middle East
Black: all persons having origins in any of the Black racial groups of Africa
Hispanic: all persons of Mexican, Puerto Rican, Cuban. Central South American. or other
Spanish culture or origin,regardless of race
Asian American: all persons having origins in the Far East. Southeast Asia, the Indian
subcontinent, or the Pacific Islands
American Indian: all persons having origins in any of the original peoples of North America and
who maintain cultural identification through tribal affiliation or community
recognition
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 and a description of the means by
which complaining parties may complain directly to management personnel other than the
alleged harassing individual
• the legal recourse, investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission
• directions on how to contact the department and commission
• protection against retaliation as provided by Section 6-101 of the Human Rights Act
I hereby affirm that the organization which I represent has in place sexual harassment
policies which include the required information set forth 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 —/....�1�--s-6e_f/
Company .• � ,� _air 41
Date FM
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)
931-5607.
The undersigned, on behalf of the undersigned company, hereby agrees 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 complaint
based on unlawful harassment and/or employment action, including, but not limited to
termination, based on any protected category as provided by law,including, but not limited
to, sexual harassment resulting from the act of any member of my organization in the
performance of this contract.
Signature/Title
Company nn _ �� ►' AJC
Date WAIF
`,{ OFC',
L ,> iii,„,h. \ 2
,
Ui{ii L.D V-V'
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
I Name and Add s of Bidder Description of Project
li- --. _ '----`g=.- CSC)
.lok,y' - sr.
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)
1 /A
ACC3a— 1 14
Lxicerrets
LP %•
i3/es) VLSI `44am
TOTALSLi
16
j
.51
Signa r Co y Officia Title ` Telephone Number Date ign Page
1`'fP.sY� � \ -I�-4 '—��Q� _7 /l j of
2. 'aye you ever been awarded a bid by the Ci , lgin?
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 Cit.
of Elgin,the City amongst other actions may cancel.terminate,or suspend the contract in whole or in part.
CITY OF ELGIN,ILLINOIS
RESPONSIBLE BIDDER AFFIDAVIT
State of \\knoks ss.
County ot\\\ 1
\h Q�� C �(Q� being first duly sworn, hereby deposes and states:
(1) That
''s/he is the ent of the party making
the bid(the"bidder") of which this affidavit is a part thereof.
(2) That the bidder has a valid federal employer tax identification number, or if an
individual, a valid social security number, such number being as follows: _ - C?(cL_g 3
(3) That the bidder agrees to and shall comply with the Equal Opportunity Employer
provisions of Section 2000e of Chapter 21, Title 42 of the United States Code and Federal
Executive Order Number 11246, as amended, by Executive Order 11375, and has and shall
comply with the Equal Opportunity Employer provisions of the Elgin Municipal Code, Section
3.12.100, as amended.
(4) That bidder has the insurance coverage as set forth in the bid specifications
including general liability, workers' compensation, completed operations, automobile, hazardous
occupations and products liability. Copies of certificates of insurance indicating such insurance
coverages are attached.
(5) That bidder has a written sexual harassment policy in compliance with the
provisions of the Illinois Human Rights Act (775 ILCS 5/2-105(A)(4), as amended). A copy of
bidder's written sexual harassment policy is attached.
(6) That bidder hereby certifies that it shall comply with the provisions of the Illinois
Prevailing Wage Act (820 ILCS 130/0.01 et seq., as amended).
(7) That the bidder hereby certifies: [check all that apply]
• bidder has not received any notices of violations of the Illinois
Prevailing Wage Act (820 ILCS 130/0.01 et seq.)
• in the event any such notice has been received by bidder, a copy of
any such notice is attached hereto
• in the event that bidder has received such a notice. any
documentation demonstrating the resolution of any such notice is
attached hereto
• for each such notice received by bidder, the matter has been
resolved as follows:
(8) As a condition of the agreement for the project, bidder shall have in place a
written substance abuse prevention program which meets or exceeds the program requirements
of the Substance Abuse Prevention on Public Works Act (820 ILCS 265/1 et seq., as amended).
A copy of such policy shall be provided to the city's purchasing director prior to the entry into
and execution of the agreement for the project.
(9) Bidder represents and warrants that it has relevant experience that indicates the
necessary capacity to perform the project and adequate references verifying the quality of work
performed. Relevant experience of the bidder includes the following projects:
see_ CX7HCVQLD__ac
Bidder's references verifying the quality of the work performed on such projects are as follows:
e asi s, cam - -A0 Q�
(10) For city construction projects (construction of new city facilities, renovation of an
existing facility, or city road construction projects) over fifty thousand dollars ($50.000) bidder
hereby certifies, represents and warrants that it participates in an apprentice and training
programs applicable to the work to be performed on the project which are approved by and
registered with the United States Department of Labor Office of Apprenticeship and Training or
are a reasonable equivalent to such programs. Evidence of such participation is hereby attached:
Yes No Not applicable to this project
(check response which applies)
(11) For city construction projects (construction of new city facilities, renovation of
existing facilities or city road construction projects) bidder must demonstrate a good faith effort
toward providing equal employment opportunities for persons to work as craftspersons. laborers,
workers or mechanics consistent with the racial, ethnic and gender demographics of the labor
force available in the Illinois Department of Employment Security Chicago-Naperville-Joliet
Metropolitan Division which consists of Cook DeKalb, DuPage, Grundy, Kane, Kendall,
McHenry and Will counties. The following is bidder's description of bidder's good-faith efforts
toward providing such equal employmentam-11,C)-ion opportunities:
a s tCoi'►a>S
a! AkiaMINIMMIORMIIMMENAMBIL Ayr,-
re _ ht � c�n ti 4• T ;•
h iS( C)Linr� G�JC�I L I • r' iki
Signature of bidder, if an individual:
Signature o bio -r, if a corporation:
I
�resid- t
Secretary
Signature of bidder, if a partnership:
Partner(indicate General or Limited)
Signature of bidder, if a limited liability company:
Member or Manager
OFFICIAL SEAL
Subscribed and sworn to before me this day 1 MICHELLE GoHL
of \ 20 l +I Cotarymm sionc - rof 17, s2
My Commission Expires Dec 17,2016
My Commission expires: ��
FOR CITY PURCHASING DEPARTMENT ONLY:
Attachments- Insurance certificates:
Bidder's sexual harassment policy:
Bidder's substance abuse prevention program:
If applicable, Illinois Prevailing Wage Act violation notice(s):
If applicable, documentation resolving IPWA violation notice(s):
If applicable, apprenticeship and training program documentation: