HomeMy WebLinkAbout23-142 Resolution No. 23-142
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH DAHME MECHANICAL
INDUSTRIES, INC. FOR LIME CONVEYOR PIPING REPLACEMENT AT THE
RIVERSIDE WATER TREATMENT PLANT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Dahme
Mechanical Industries, Inc., for lime conveyor piping replacement at the Riverside Water
Treatment Plant, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: June 28, 2023
Adopted: June 28, 2023
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is dated this 28 day of June , 2023, by and between
the City of Elgin, an Illinois Municipal Corporation (herein called "City") and Dahme Mechanical
Industries, Inc., an Illinois corporation (herein called "Contractor"), a corporation with principal
place of business at 610 Arthur Avenue,Arlington Heights, Illinois.
WHEREAS, the City has requested and Contractor has provided a proposal to provide for
Lime Conveyor Piping Replacement at the Riverside Water Treatment Plant; and
WHEREAS, Contractor submitted a proposal for such Work ("Work") dated March 18,
2023, consisting of one (1) page, attached hereto and made a part hereof as Attachment A
("Contractor's Proposal").
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the
sufficiency of which is hereby mutually acknowledged,the parties hereto hereby agree as follows:
Article 1. Work.
Contractor shall complete the scope of the Work as specified in Attachment A. The Work is
generally described as follows:
This project will generally be comprised of removing and replacing all 4" Lime Conveyor
Piping in situ with XS carbon steel piping with flanged and grooved connections. The scope
of Work is summarized in Contractor's Proposal and includes removing and replacing of
line conveyor piping at the City's Riverside Water Treatment Plant
Article 2. City Representative.
There is no Engineer for the Work. The City's Water Director shall act as City's representative and
shall assume and provide such duties and obligations of the Engineer 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.
Substantial completion shall be within 30 weeks of written Notice to Proceed. Final Completion
shall be within 32 weeks of written Notice to Proceed. 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. The City and Contractor agree that as reasonable liquidated damages
for delay (but not as a penalty) Contractor shall pay City $300.00 for each day beyond the time
specified for Substantial Completion in the Contract Documents. After 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 $300.00 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. Such 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.
3.3. Delays and Damages. In 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 delay.
Article 4. Contract Price.
City shall pay Contractor $548,888 as indicated in Attachment A 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 determined by the City 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 be 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 be 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 City.
Article 6. Contract Documents.
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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. Contractor's Proposal, attached hereto as Attachment A.
c. General Conditions, based upon EJCDC No. 1910-8 (1996 Edition) as modified by the
City of Elgin, Illinois,made a part hereof by reference.
d. Supplementary Conditions Regarding Insurance, attached hereto and made a part hereof
as Attachment B.
e. Attachment D. Intentionally Omitted.
f. City Forms attached hereto and made a part hereof as Attachment E.
g. Certificates of Insurance.
h. Bonds
i. Notice to Proceed.
j. 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 which are not
attached hereto.
This Agreement and the Contract Documents listed above comprise the sole and exclusive
Agreement between the parties hereto. There 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. Prevailing Wage.
This Agreement calls for the construction of a "public work" within the meaning of the Illinois
Prevailing Wage Act, 820 ILCS 130/.01, et seq., as amended. The Prevailing Wage Act requires
contractors and subcontractors to pay laborers, workers, and mechanics performing services on
public works projects no less than the current "prevailing rate of wages" (hourly cash wages plus
amount for fringe benefits) in the county where the work is performed. The Illinois Department of
Labor publishes the prevailing wage rates on its website at littp:Hlabor.illinois.gov/. The Illinois
Department of Labor revises the prevailing wage rates and the contractor/subcontractor has an
obligation to check the Illinois Department of Labor's website for revisions to prevailing wage rates.
For information regarding current prevailing wage rates,please refer to the Illinois Department of
Labor's website. All contractors and subcontractors rendering services under this Agreement must
comply with all requirements of the Prevailing Wage Act, including but not limited to, all wage
requirements and notice and record keeping duties.
Article 8. Nondiscrimination/Affirmative Action.
The Contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status,
marital status, physical or mental disability, military status, sexual orientation, or unfavorable
discharge from military service which would not interfere with the efficient performance of the job
in question. Contractor shall take affirmative action to comply with the provisions of Elgin
Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written
commitment to comply with those provisions. Contractor shall distribute copies of this commitment
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to all persons who participate in recruitment,screening, referral and selection of job applicants and
prospective subcontractors. Contractor agrees that the provisions of Section 5.02.040 of the Elgin
Municipal Code, 1976, as amended, is hereby incorporated by reference,as if set out verbatim.
Article 9. Miscellaneous.
a. Terms used in this Agreement shall have the meanings indicated in the General
Conditions.
b. 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 bound; and specifically but without limitation moneys
that may become due and moneys that are due may 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 binds 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, attention Nora Bertram, Water Director, is hereby designated as the place to
which all notices, letters, and other communication to the City shall be mailed or
delivered. Such notices, letters and other communications shall be directed to the City's
Public Works Director. Either party may change its address at any time by a notice in
writing.
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. Contractor hereby irrevocably consents to the jurisdiction of the Circuit Court
of Kane County,Illinois for the enforcement of any rights,the resolution of any disputes
and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject
matter hereof; and Contractor agrees that service by first class U.S, mail to 610 Arthur
Avenue,Arlington Heights,Illinois shall constitute effective service. Both parties hereto
waive any rights to a jury.
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.
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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
supersede and 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 application requirements
regarding prevailing wages, minimum wage, workplace safety and legal status of
employees. 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. In 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. 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 legally authorized to work in the United States.
k. No Interest. Contractor hereby waives any and all claims to interest on money claimed
to be due pursuant to this Agreement, 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 (50 ILCS 505/1, et seq.), as amended, or the Illinois
Interest Act(815 ILCS 205/1,et seq.),as amended. f
1. Limitation of Actions. Contractor agrees that any cause of action, lawsuit or other
legal claim by the Contractor arising out of this Agreement must be filed within one year
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of the date the alleged cause of action, lawsuit or other legal claim arose or the same will
be time barred and waived and released by the Contractor.
m. Registration. Contractor hereby warrants and represents that it is registered with the
Illinois Secretary of State's Office or has been incorporated in the State of Illinois; and
such entity further hereby warrants and represents that it is in good standing in the state
of its incorporation or organization.
n. Counterparts and Execution. This agreement may be executed in counterparts, each of
which shall be an original and all of which shall constitute one and the same agreement.
For the purposes of executing this agreement, any signed copy of this agreement
transmitted by fax, e-mail or other electronic means shall be treated in all manner and
respects as an original document. The signature of any party on a copy of this agreement
transmitted by fax machine,or e-mail, or other electronic means shall be considered for
these purposes as an original signature and shall have the same legal effect as an original
signature. Any such faxed, e-mailed or other electronically transmitted copy of this
agreement shall be considered to have the same binding legal effect as an original
document. At the request of either party any electronically transmitted correct copy of
this agreement shall be re-executed by the parties in an original form. No party to this
agreement shall raise the use of fax machine or e-mail as a defense to this agreement and
shall forever waive such defense.
o. Warranty. All applicable warranties, including but limited to any and all applicable
manufacturer's warranties are included as part of this purchase agreement, and shall
apply to all goods,accessories and components to the benefit of the City.
IN WITNESS WHEREOF,City and Contractor have signed this Agreement.
This Agreement shall be effective on June 28 , 2023.
CONTRACTOR: C ty of Elgin
Dahme Mechanical Industries, Inc.
By: Kris Komorn By: Richard G. Kozal
Title: President Title: City Manager
Address for giving notices: Address for giving notices:
Dahme Mechanical Industries, Inc. City of Elgin T:
610 S.Arthur Ave. 150 Dexter Court
Arlington Heights, IL 60005 Elgin, Illinois 60120
Attn: Kris Komorn Attn: Richard Hoke City Clerk
FEIN #36-398816
Legal DepAAgreementTurchase Agr-Dahme Mechanical-Riverside Lime Conveyor Piping-5-10-23.doca
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ATTACI IMENI'A
I)Albir: 0 FC.IirV:1CAL INDUSTRIES. RiC.
610 S.A1rrHuR Av€.
ARLINGTON HEIGHTS,IL 60003
847.253-0341 PAR 847-253-9501
March 18,2023
City of Elgin Water Utilities
150 Dexter Ct.
Elgin,II.G0120
Attn: Nora Bertram,Water Operations Engineer
RE: Riverside WTP Lime Conveyor Piping Replacement
Nora:
Pursuant to your inquiry regarding the above subject,we are pleased to offer our proposal for your consideration.
Dahme Mechanical Industries,Inc.will provide the following scope of work:
• Coordinate all construction activities and outages with CoE Operations personnel prior to commencement of
work
• DMI to remove and replace all 4"Lime Conveyor Piping in situ with XS carbon steel piping with flanged and
grooved connections;piping will be.replaced from the truck fill station to the storage vessel connections
• All pipe supports needing replacement are included
• All fasteners and anchorage will be stainless steel
• All architectural restoration and new finishes on new piping system and appurtenances is included
• Necessary engineering and administration is included
• One-year labor and material warranty is included for DMI-provided items
EXCLUSIONS:
1. Dahme Mechanical Industries,Inc.shall not be held liable for any job site safety or job site maintenance
of any type upon completion of our work.
2. All agreements contingent upon strikes,accidents or delays beyond our control.
3. All work not included or specifically described above.
All material is guaranteed as listed above and specified above.Any additional items not included in our trade
agreements or clearly stated above are expressly excluded.
otal price as described above:$548 888.0
Any alteration or deviation from above specifications involving extra costs,will be executed only upon written
orders,and will become an extra charge over and above the estimate.
Thank you-
Kris Komorn
Dahmc Mechanical hidustries,Inc.
kkomorn(daluilelueclianicaLcom
ATIACHMENT B
INSURANCE REQUIREMENTS
Each,policy must list the City as an additional insured, The Contractor and all Subcontractors waive subrogation rights
against the City for all losses. Such insurance shall apply as primary insurance with respect to any other insurance or
self-insurance program afforded to the City of Elgin. There shall be no endorsementormodification ofsuclr insurance to
make it excess over other available insurance,and alternatively,if the insurance states that it is excess or pro rata,it shall
be endorsed to be primary with respect to the City of Elgin.
The insurance required shall include all major division of coverage and shall be on a comprehensive general basis
including Premise and Operations(including X-C-U),Products and Completed Operations, and Owned,Non-owned,
Leased,and Hired Motor Vehicles.Such insurance shall be written for not less than any limits of liability required by law
or the following limits,whichever are greater:
Commercial Liability
General Aggregate $2 Million
Products Completed Operations Aggregate $2 Million
Personal Injury and Advertising Limit $1 Million
Each Occurrence $1 Million
Automotive•for•all owned,non-owned,hired and leased vehicles
Combined single limit $1 Million
or
Bodily injury- each person $500,000
each accident $1 Million
Property darnage-each occurrence $1 Million
Umbrella
Each Occurrence $2 Million
General aggregate $2 Million
Worker's Compensation
Statutory As required by state law
Employer's Liability $100,000 Each Accident
$100,000 Each Emp for Disease
$500,000 Policy Limit for Disease
The Contractor may purchase and maintain excess liability insurance in the umbrella form in order to satisfy the limits of
liability required for the insurance to be purchased and maintained in accordance with the requirements set forth above.
Any such amounts must be in addition to the umbrella limits required,must list all underlying policies,and must list the
City as an additional insured. Evidence of such excess liability shall be delivered to the City in the same form and
manner as the required insurance policies.
'The City reserves the right,at its sole discretion,to amend the insurance requirements contained herein.
All insurance shall be written on an occurrence basis, unless the City approves in writing coverage on a claims-rnade
basis. Coverages whether written on an occurrence or a claims-made basis shall be maintained without interruption from
the date of commencement of the Work until the date of final payment and termination of any coverage required to be
maintained after final payment.
Certificates of Insurance acceptable to the City and confirm ingthe insurance coverage required herein areattached to the
Contract. 'Ilie City shall have no obligation to execute the Contract and may award the Contract to the next lowest
responsible and responsive bidder, if such insurance certificates have not been provided to the City within five(5)
business days after presentation of the Contract to the Contractor for execution.
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"Ilse Contractor shall furnish to the City copies of any endorsements that are subsequently issued amending limits of
coverage.
Lundstrom Insurance Revised April 14,2009
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ATTACHMENT E
CITY OF ELGIN, ILLINOIS, CERTIFICATION REQUIREMENTS
Please submit all required forms and documentation, fully completed and signed, with your proposal.
No proposal will be accented 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:
1. Work force analysis using the enclosed Bidder's Employee Utilization form.
2. Provide the information required in Item #3 on the Employee Utilization Form if the
answer to Question #2 on the form is"Yes."
3. 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 y the city.
Signature/Title Kris Komorn, President
Company Dahme Mechanical Industries, Inc.
Address 610 S. Arthur Ave.
Arlington Heights, IL 60005
Phone 847-212-1147
Fax
Email kkomorn@dmi-inc.net
FEIN 36-398816
CITY OF ELGIN, ILLINOIS, BIDDER'S EMPLOYEE UTILIZATION FORM
This report is required by the City of Elgin and must be submitted before the contract can be awarded.
Chapter 3.12.1000 Affirmative Action - City Contracts
1. Name and Address of Bidder Description of Project
Dahme Mechanical Industries, Inc. Riverside Lime Conveyor Piping
610 S.Arthur Ave.
Arlington Heights, IL 60005
JOB Total Whites Blacks Hispanics Asians or American Minority Female
CATEGORIES Employees Pacific Indians (M&F) (All
Islanders Categories)
M / F M / F M / F M / F M / F
Example: 18 3 5 3 2 4 1 55.6% 44.4%
Managers (10/I8) (8/18)
managers 12 7 4 1 8% 33%
bargained 30 24 1 5 20% 0%
bargained apprentices 5 2 3 60% 0%
TOTALS 47 33 4 1 g
Sig Company Official Title Telephone Number Date Signed Page 1
President 847-212-1147 7-3-23 of 1
2. Have you ever been awarded a bid by the City of Elgin?
Yes No
3. If the answer to question #2 is Yes, please submit a copy of the Employee Utilization Form that
was submitted with your last successful bid along with a fully completed copy of this form.
4. If the statistical data provided above shows underutilization of minorities and/or females,
please submit, according to the guideline provided in the attached document, a written
commitment to provide equal employment opportunity.
NOTE: In the event that a contractor or vendor, etc., fails to comply with the fair employment and
affirmative action provisions of the City of Elgin, the City, amongst other actions, may cancel,
terminate, or suspend the contract in whole or in part.
CITY OF ELGIN, ILLINOIS,EQUAL EMPLOYMENT WRITTEN
COMMITMENT GUIDELINE
The written commitment required in Item#4 of the Bidder's Employee Utilization Fortn 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
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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
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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 Indians: all persons having origins in any of the original peoples of North America who maintain
cultural identification through tribal affiliation or community recognition
JCS FLUM1H1S
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 patties 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 contract 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 fourth above, and I hereby agree to
furnish the City of Elgin - Human Resources Department with a copy of these policies if
they so request.
ax-
Signature/Title President
Company Dah1he Mechanical Industries, Inc.
Date 7-3-23
Sexual harassment is defined as follows:
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"Sexual harassment"means any unwelcome sexual advances or requests for sexual favors or any
conduct of a sexual nature when (1) submission to such conduct is made either explicitly or
implicitly a term or condition of an individual's employment, (2) submission to or rejection of
such conduct by an individual is used as a basis for employment decisions affecting such
individual, or (3) such conduct has the purpose or effect of substantially interfering with an
individual's work performance or creating an intimidating, hostile, or offensive working
environment.
Any questions by contracting parties or eligible bidders concerning compliance with these
requirements should be directed to the City of Elgin - Human Resources Department at (847)
931-5618.
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 _ President
Company Dahme Mechanical Industries, Inc.
Date 7-3-23
CITY OF ELGIN, ILLINOIS
TAX/COLLUSION/DEBARMENT/PREVAILING WAGE AFFIDAVIT
State of Illinois ss.
County of Cook
Kris Komorn , being first duly sworn, deposes and
says:
That s/he is President of the firm of the
party making the foregoing bid and that the bidder is not barred from contracting with any unit or
local government as a result of a violation of 720 Illinois Compiled Statutes, Section 5/33E-3 or
5/33E-4, as amended; and, no collusion or agreement among other bidders or prospective bidders
to bid a fixed price or otherwise restrain freedom of competition by agreement has taken place;
and, bidder is not delinquent in the payment of any tax administered by the Illinois Department
of Revenue unless there is a pending proceeding contesting the tax. The bidder also certifies that
it shall comply,where applicable,with the Prevailing Wage Act 820 ILCS 130/0.01 et seq.
Signature of Bidder, if an individual:
Signature of Bidder, if a partnership:
Subscribed and sworn to
before me this day of
20
Signa of Bidder, if a corporation: My commissi n expires:
President "`'"`'
01 =State
L
SCCI'Ctafy of Illinois[Notary
Aug 6, 2025
CITY OF ELGIN, ILLINOIS
RESPONSIBLE BIDDER AFFIDAVIT
State of Illinois ss.
County of Cook
Kris Komorn , being first duly sworn, hereby deposes and states:
(1) That s/he is the President 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: 36-398816
(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]
■ X bidder has not received any notices of violations of the Illinois
Prevailing Wage Act(820 ILCS 130/0.01 e1 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 1LCS 265/1 el 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:
Various improvements and repairs at both Airlite and Riverside WTPs
Various improvements nad repairs at multiple pump stations,WTPs and WWTPs for the City of Joliet
Various improvements and repairs at water/wastewater delivery/pumping sites for the City of Naperville
Various improvements and repairs at Fox Metro Water Reclamation District
Bidder's references verifying the quality of the work performed on such projects are as follows:
reference sheet attached to bid separately
(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 employment opportunities:
When seeking non-bargained employees for available positions,gender, race,creed or religion
are not utilized as hiring criteria and we hire personnel strictly based on suitability for the position
available with hiring of female or minority persons given priority if all other criteria are met equally.
Bargained employees are hired based on hiring hall availability only and we make every attempt
to employ female or minority tradespeople as the are available to fill open positions.
Signature of bidder, if an individual:
Signatu of bidder, if a corporation:
+Pr5i ent
Secretary
Signature of bidder, if a partnership:
Partner(indicate General or Limited)
Signature of bidder, if a limited liability company:
Member or Manager
Subscribed and sworn to before me this 3'°t'day
of U , 20_�,
My Commission expires:
K-(
F
ORRAINE KULL
Official Seal
blic-State of Illinoision Expires Aug 6, 2025
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:
-Page 4
Bond No. 9200363
Document A312TM - 2010
Conforms with The American Institute of Architects AIA Document 312
Performance Bond
CONTRACTOR: SURETY:
(Nome,legal slants and ad(hess) /A'mne le al slalus ondj incipal pplace ojbtts•lnecs)
Swiss F'e�orporate Solutions PremiSr Insurance
Dahme Mechanical Industries, Inc. Corporation
610 S Arthur Avenue 1200 Main Street, Suite 800 This document has Important legal
Kansas City, MO 64105 consequences.Consultation will)
Arlington Heights, IL 60005 Mailing Address for Notices an attorney Is encouraged wits)
rospocl to Its completion or
modification,
OWNER: Any singular reference to
(Nnrne,legal status and address) Contractor,Surety,Owner or
City of Elgin Water Department other party shall be considered
y g p plural where applicable,
375 West River Road
Elgin, IL 60120
CONSTRUCTION CONTRACT
Date: July 3, 2023
Amount:$ 548,888.00 Five Hundred Forty Eight Thousand Eight Hundred Eighty Eight Dollars and 00/100
Description:
(Nnrne and location)
Riverside Lime Conveyor Piping.
BOND
Date: July 3, 2023
(Nor earlier than Constraretior Conti-act Date)
Amount:$548,888.00 Five Hundred Forty Eight Thousand Eight Hundred Eighty Eight Dollars and 00/100
Nfodifications to ails Bond: ® None Sec Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Co l geal) Company: (Col orale aasw "" ",,
t�l�����1 Swiss Re Corporate Solutions Pre ier Insurance Corpor s PMiFR',,.,
Dahme Mechanical Industries, I* "43-�6PdRq� a
00
'�: ��►. / S EAL 'R
Signature: �&L 10 Signature:
_ f'
Name 4fV4, MvR.-� ��: SEAT- Name Carl Dohn, Jr. °'�fjy rsso��`o�tidao'
W ILLINOIS : s
and'1'itle: - . and Title: Attorney-in-Fact
......... . ' `� Surety Phone No. 847-273-1300
(Any additional signatm•es appear on the las���ln�i4�(�a}�ti 7o,nance Bond.)
(F0R LVF02YG1�JT110N ONL)'•--Name,address and lelephone)
AGENTrtCnerBs of ,K-RE OWNER'S
dba Dohn&Maher OWNER'S REPRESENTATIVE:
Associates (Architect,Engineer ot•other parly.)
4811 Emerson Avenue, Suite 102
Palatine, IL 60067
847-303-6800
S-1852/AS 8110
§1 The Contractor and Surety,jointly and severally,bind dicroselves,their heirs,executors,administrators,successors and assigns to the Owner for
the performance of die Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when
applicable to participate in a conference as provided in Section 3.
§3 if there is no Owner i)el'ault under the Construction Contract,the Surely's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor mid the Surety that the Owner is considering declaring a Contractor Default.Such
notice shall indicate whether the Owner is requesting a conference among the Omm icr,Contractor and Surely to discuss the
Contractor's performance.If the Ovaier does not request a conference,the Surely may,within rive(5)business days after receipt of
the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner
agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt
of the Owner's notice.If time Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable lime to
perfomm the Construction Contract,but such an agreement shall not waive the Owner's right,if tiny,subsequently to declare a
Contractor Default;
.2 the Owner declares a Contractor Default,lemminnles the Construction Contract and notifies die Surety;and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the
Surety or to a contractor selected to perform the Construction Contract.
§4 Failure on die part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition
precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surely demonstrates actual prejudice.
§6 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at die Surety's expense take one of the following actions:
§6.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Constwclion Contract itself,through its agents or independent contractors;
§5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the
Construction Contract,arrange for a contract to be prepared for execution by the Owncr and a contractor selected with the Owner's concurrence,to be
Secured with performance and payment bonds executed by a qualified surety equivalent to die bonds issued on the Construction Contract,and pay to
the Owner the amount of damages as described in Section 7 in excess of(lie Balance of the Contract Price incun•ed by the Ohvncr as a result of the
Contractor Default;or
§6.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable atter the amount is
determined,make payment to die Owner;or
.2 Deny liability In whole or in part and notify the Owner,citing die reasons for denial.
§6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond
seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this
Bond,and the Owner shall be entitled to enforce any remedy available to file Owner.If die"S&rcty proccelds ps provided in Section 5.4,and the
Owncr refuses the payment or the Surety has denied liability,in whole or in pari,without further notice die Owner shall be entitled to enforce any
remedy available to the Owner.
S-1852lAS 8110
§71f the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities orthe Surety to the Owner shall not be greater thin those of the
Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owacr undo•the
Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surely is obligated,without
duplication,for
.1 the responsibilities of the Contractor for correction of defective.voil<and completion of the Construction Contract,
.2 ndditionnl legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or
fnilure to act of the Surety under Section 5,and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed
performance or non-performance of the Contractor.
§8 if the Surety elects to act under Section 5.1,5.3 or 5A,the Surety's liability is limited to the amount of this Bond.
§9 The Surety shall not be liable to(lie Owner or others for obligations of the Contractor that are umclatcd to the Constntction Contact,and the
Balance of the Contract Price shull not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this
Bond to any person or entity other than the Owner or its heirs,executos,administrators,successors and assigns.
§10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase
orders and other obligations.
§11 Any proceeding,legal or equitable,under thus Bond may be instituted in any court of competent jurisdiction in the location un which the work or
part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor
ceased working or within two years afler the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.if•lhc
provisions of dds Paragraph ire void or prohibited by law,the minimum period of limilation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§12 Notice to the Surety,the Owncr or the Contractor shall be mailed or delivered to the address shown on the page on which theh signature
appears.
§13 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be
performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hercfrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein.Whca so famished,the intent is that this Bond shall be
construed as a statutory bond and not as n common law bond.
§14 Definitions
§14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper
adjustmcn(s have been mode,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of
insurance or other claims for damages to which the Contactor is entitled,reduced by all valid and proper payments mnde to or on behalf'of the
Contractor under the Construction Contract.
§14.2 Construction Contract.The agreement bmween the Owner and Contractor identified on the cover page,including nil Contract Documents
and changes made to the agreement and the Contract Documents.
§14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perfornn or otherwise to comply with a materinl
tern of the Construction Contract.
§14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction
Contact or to perforu and complete or comply with the other material terms of(lie Construction Contract.
§14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§15 if this Bond is issued for an agreement between it Contractor and subcontractor,the terns Contractor in this Bond shall be dccnicd to be
Subcontractor and the term Owner shall be deemed to be Cont actor.
S•1852/AS 8/10
§16 Modifications to this bond are as follows:
(Space is provided below for addilioiral signatures of added parries,other than!!rose appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Coiporale Seal) Company: (Cwporale Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
S-1852/AS 8/10
Bond No. 9200363
Document A312 TM - 2010
Confonns with The American Institute of Architects AIA Document 312
Payment Bond
CONTRACTOR: SURETY:
(Name,legal status and address) (Namte,legal slants and principal place of business)
Swiss Re Corporate Solutions Premier Insurance
Dahme Mechanical Industries, Inc. Corporation
610 S Arthur Avenue
1200 Main Street, Suite 800 This document has Important logal
Kansas City, MO 64105 consequences.CenSUllallen with
Arlington Heights, IL 60005 Mniling Address for Notices an attorney Is encouraged with
respect to Its completion or
modification.
OWNER: Any singular reference to
(Name,legal slalus and address) Contractor,Surely,Ovmer or
City of Elgin Water Department other party shall be consldered
Y g p plural where applicable.
375 West River Road
Elgin, IL 60120
CONSTRUCTION CONTRACT
Date' July 3, 2023
Amount:$548,888.00 Five Hundred Forty Eight Thousand Eight Hundred Eighty Eight Dollars and 00/100
Description:
(Nannc and location)
Riverside Lime Conveyor Piping.
BOND
Date; July 3, 2023
(Not earlier than Construction Contract Da(e)
Amount:$548,888.00 Five Hundred Forty Eight Thousand Eight Hundred Eighty Eight Dollars and 00/100
Modifications to this Bond: ® None See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: Cor orate Seal) Company: Cor orole Seal
p y t1t11111111� Swiss Re Corporate Solutions Premier(Insurance )-'d°���
Dahme Mechanical Industrie SAL ��i�i Corporation
,,,•��.,..... N S E A L •��'Signature: Signature: �''• �� off:
Name � �a"^bF`-1 =_�' SEAL :m = Nnmc Carl Dohn, Jr.
and Title; ILLINOIS r.y and Title: Attorney-in-Fact
'��y6; •. .��`��� Surety Phone No. 847-273-1300
,Ile O ��
(4ny additional signatures appear on tf�A�t�q�ei4(tshl��aysnent Boni.)
(FOR 1NFOR,1MT1ON ONL)'—Name,address and lelcphore)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
AssuredPartners of Illinois LLC dba Dohn&Maher (drehlrect,Enghreerorotherparry.)
Associates
4811 Emerson Avenue, Suite 102
Palatine, IL 60067
847-303-6800
S-21491AS 8/10
§1 The Contractor and Surety,jointly and severally,bind(hemseives,(heir heirs,executors,admutislralors,successors and assigns to lie Owner to
pay for labor,materials and equipment furnished for use in the performunce of the Construction Contract,which is incorporated herein by reference,
subject to the following terms,
§2 if the Contractor promptly mikes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,
demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the
Construction Contract,then the Surety and file Contractor shall have no oblignlion under this Mond.
§3 if there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner
has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or
the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the
Construction Contract and tendered defense of such claims,demands,liens or suits to(Ire Contractor and the Surety.
§4 When lire Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indcrutify and hold
harmless the Owner against u duly tendered claim,demand,lien or suit.
§6 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§6.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Conlraelor,stating with substantial accuracy the amount claimed and the
name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or
performed,within ninety(90)days after having lust performed labor or last furnished materials or equipment included in the Claim;
and
.2 have sent a Clalnr to the Surety(at the address described in Section 13).
§6,2 Claimunts,who arc employed by or have a direct contract with the Contractor,have sent a Claim to lire Surety(at lie address described in
Section 13).
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Cluimunt's obligation
to furnish a written notice of non-payment under Section 5.1.1.
§7 Whca a Claimant has satisfied lire conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's
expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to(he Owner,within sixty(60)days Our receipt of the Claim,stating the amounts that are
undisputed and the basis for challenging any amounts that are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure(o discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the
Surety or Contractor may have or acquire as to a Claim,except as to undisputed mmounls for which the Surety and Claimant have reached agreement,
if,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2.the Surety shall indemnify tie Claimant for the reasonable
atlonley's fees tic Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§4 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reusonuble uttorney's fees provided under Section 7.3,
and the amount of illis Bond shall be credited for any payments made in good faith by the Surety.
§9 Amounts owed by file Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract
and to satisfy claims,if tiny,under any construction performance bond.By the Con(ractor.furnishing and the Owner accepting this Bond,they agree
that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and
Surety under this Bond,subject to the Owner's priority to use the funds for the completion of lice work. ,
S-2149/AS 8/10
§10 The Surety shall not be liable to the Owner,Claimants or others fo•obligations of the Contractor(lint are unrelated to the Construction Contract.
The Owner shall not be liable for lie payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no
obligation to make payments to,or give notice on behalf of,Claimants or otherwise have wry obligations to Claimants under this Bond.
§11 The Surely hereby waives notice of oily change,including changes of tune,to the Construction Contract or to related subcontracts,purchase
orders and other obligations.
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the
project that is the subject of the Construction Contract-is located or after[lie expiration orone year front the date(1)on wlucli the Claimant sent it
Claim to fire Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was perforated by anyone or the last materials or
equipment were furnished by anyone under tie Construction Contract,whichever of(1)or(2)first occurs.If tie provisions of this Paragraph are void
or prohibited by law,the miniuunh period of limitation available to sureties as a defense it thejurisdiction of the suit shall be applicable.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be nhnilcd or delivered to the address shown on the page on which their
signature appears.Actual receipt ornotice or Clauns,however accomplished,shall be sufficient compliance as of the date received.
§14 When this Bond has been firrnishcd to comply with a statutory or other legal requirement In the location where the construction was to be
perfomtcd,tiny provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hcrefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond,
§16 Upon request by any person or entity appearing to be it potential beneficiary of.this Bond,the Contractor and Owner shall promptly furnish a
copy of this Bond or shall permit a copy to be made.
§16 Definitions
§16.1 Clahn.A written statement by die Claimant including at a minhnum:
.1 the name of the Claimant;
.2 the name of tic person for whom lie labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the
performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.6 the dnte on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the
Construction Conlrnct;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of tie dale of the Clninm;
.7 the total amount ofprevious payments received by the Claimant;and
.0 the total amount due and unpaid to the Ciahuant for labor,materials or equipment furnished as of the date of the Claim.
§16.2 Claimant.An individual or entity having a direct contract with(lie Contractor or with a subcontractor of the Contractor to furhmish labor,
materials or equipment for use in the perrorrnance of the Construction Contract.The term Claimant also includes any individual or entity that has
rightfully asserted a claim under an applicable mechanic's lien or similar statute agninst die real property upon which tile Project is located.The intent
of this Bond shall be to include without lunitntion in the lams"labor,materials or cquipmcat"that part of water,gns,power,light,heat,oil,gasoline,
telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work
of the Contractor and the Contractor's subcontractors,and nil other items for which a mechanic's lien may be asserted in the jurisdiction where the
labor,materials or equipment were furnished.
§16.3 Construction Contract.71re agreement between the Owner and Contractor identified on the cover page,including all Contract Documents
and all changes made to the agreement and the Contract Documents.
S•2149/AS 8/10
§16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contactor as required under the Construction
Contract or to perform and complete or comply with the other material terms of the Construction Contract.
§16.6 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§17 If this Bond is issued for an agreement between a Contractor and subcontractor,tho term Contractor in this Bond shall be deemed to be
Subcontractor mtd the term Owner shall be deemed to be Contractor.
§U Modifications to this bond are as follows:
(Space is provided below for addifiaral signalures of added parlies,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Cornorale Sea!) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
S-2149/AS 8/10
SWISS RE CORPORATE.SOLUTIONS
SWISS RE CORPORATE.SOLUTIONS AMERICA INSURANCE.CORPORATION("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION("SRCSPIC")
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT SRCSAIC,a corporation duly organized and existing under laws of the State of Missouri,and
having its principal office in the City of Kansas City,Missouri,and SRCSPIC,a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City,Missouri,each does hereby make,constitute,and appoint: Carl Dohn,Jr.
Principal: Dahme Mechanical Industries,Inc.
Obligee: City of Elgin Water Department
Bond Description: Riverside Lime Conveyor Piping.
Bond Number: 9200363
Bond Amount:See Bond Form
Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for mid on its behalf and as its act and deed,bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by
law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount ol.
FIFTY MILLION($30,000,000.00)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 911 of May 2012:
"RESOLVED,that any two of the President,any Managing Director,any Senior Vice President,any Vice President,the Secretary or any Assistant
Secretary be,and each or any of them hereby is,authorized to execute a Power of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is
FURTHER RESOLVED,that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Corporation when so affixed and in the future with�regard to any bond,undertaking or contract of surety to which it is attached."
J. 0 % �Jt . FQ' II,.
pPP Off ll.411tl,; Erik Jenerm,Senior Vice Prrddtoi orsur'SAW R Senior Vice Preddenl of SRCSPIC
SEAL SEALS
,�' •••M�SSOVa`•.j By
d••••41S SOV�`•.ja�,`` Gerald Jo roH•kl,Vln Prrddrvn ar SR(ti,11('dE Vler PrnlUrnl o(SI(CSI'IC
IN WITNESS WI IEREOF.SRCSAIC and SRCSI'IC have caused their official seals to he hereunto affixed,and these presents to be signed by their authorized
officers this 10TH day of NOVEMBER ,20 22
Swiss Ile Corporate Solutions America Insurance Corporation
State of Illinois Silks Ile Corporate Solutions Premier Insurance Corporation
County of Cook s
On this 10TH day of NOVEMBER ,20 22 ,before me,a Notary Public personally appeared Erik Janssens,Senior Vice President of SRCSAIC
and Senior Vice President of SRCSPIC and Gerald Jagrowski,Vice President of SRCSAIC and Vice President of SPCSPIC,personally known to me,who
being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act
and deed of their respective companies.
OFFICIAL SEAL
CHRISTINA MANISCO
NOTARY Punuc STATE OF tiltNolB
Comrtlhskxi t:xdra MI'rdl l070 \'�lYn'fl".1,I�4'r?o���I,Jeffrey Goldberg.the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC,do hereby certify that the above and foregoing
is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC,which is still in full force and effect.
IN WITNESS WHEREOF,1 have set my hand and affixed the seals of the Companies this 3rd day of July ,2023
Jeffrey Goldberg,Senior Vice President&
Assistant Secretary of SRCSAIC and
SRCSPIC
REFERENCES
1. Company& Contact Name City of Elgin Department of Water- Nora Bertram
Phone& E mail 847-931-6744 bertram_n@cityofelgin.org
Description of Work Performed Various improvements and repairs at both Airlite and
Riverside WTPs, as well as remote pumping and well sites
2. Company& Contact Name City of Joliet Public Utilities-Nick Gornick
Phone& Email 815-405-3666 ngornick@joliet.gov
Description of Work Performed Various improvements and repairs at multiple pump
stations, WTPs and WWTPs for the City of Joliet
3. Company& Contact Name City of Naperville Public Utilities-Tony Conn
Phone& Email630-774-5324 conn.t@naperville.il.us
Description of Work Performed Various improvements and repairs at water/wastewater
delivery/pumping sites for the City of Naperville
4. Company & Contact Name Fox Metro WRD - Chris Morphey
Phone& Email630-327-8934 cmorphey@foxmetro.dst.il.us
Description of Work Performed Various improvements and repairs at Fox Metro Water
Reclamation District
5. Company& Contact Name DGSD - Jeff Barta
Phone& En►ail630-675-6841 jbarta@dgsd.org
Description of Work Performed Various improvements and repairs at DGSD
DAHMMC1
,d►�R� CERTIFICATE OF LIABILITY INSURANCE D06/08/2023Y)
06lOSl2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY 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(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsements.
PRODUCER 847-303-6800 CNFAJ ACT
AssuredPartners- Palatine IL PHONE 847-303-6800 FAX 847-303-6963
dba Dohn&Maher Associates AIC No Ext: AIc No
4811 Emerson Avenue,Suite 102 I certificates.dohn@assuredpartners.com
Palatine, IL 60067-7416 --
Carl E.Dohn Jr. INS-VREALS1 AFFORDING COVERAGE NAIC N
INSURER Nat'l Fire Ins of Hartford 20478
INSURED Dahme Mechanical Industries, INSURER B,Continental Insurance Co AXV 35289
Inc 610 S.Arthur Ave INSURER C,Homeland Ins Co of NY A+XV 34452
----
Arlington Heights,IL 60006 INSURER D,
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPEOFINSURANCE ADDL SUER pOLICYNUMBER POLICYEFF POLICYEXP LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2,000,000
CLAIMS-MADE a OCCUR 6079854762 12/22/2022 12/22/2023 DAMAGE TO RENTED 500,000
MEDEXP(Any oneperson) 15,000
PERSONAL&ADV INJURY 2,000,000
_iQENTAGGRE ATELIMITAP�SPER: GENERAL AGGREGATE 4,000,000
POLICY X J PEERCCp T LOC PRODUCTS-COMP/OP AGG $ 4,000,000
OTHER- S
A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
1,000,000
Ix
ANY AUTO 6079864766 12/22/2022 12/22/2023 BODILY INJURY Per ersonOWNED SCHEDULED
AIUTEEO��S ONLY AUTOSS BOODILY INJURY Per accidentAURTOS ONLY X AUTOS ONLD rIlr acEci anTY AMAGE S
B X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10,000,000
EXCESS LIAB I I CLAIMS-MADE 6079854797 12/22/2022 12/22/2023 AGGREGATE $ 10,000,000
DEC) I X I RETENTION$ 10000
A WORKERS COMPENSATION X PER OTH-
AND EMPLOYERS'LIABILITY 6079864783 12/2212022 1212212023 STATUIE ER 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE �Y/ E.L.EACH ACCIDENT S
OFFICER/MEMBER EXCLUDED? 1 N i N I A
(Mandatory In NH) E.L.DISEASE- A EMPLOYEE1,000,000
If yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S
A Installation Floa 6079854762 12/22/2022 12/22/2023 Limit 200,000
C 112ollutlon Llab 793-00-28-88-0008 12/22/2022 12/22/2023 Limit $5MM/$5MM
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required)
Re: Riverside WTP Lime Conveyyor Piping Replacement.The following are
included as Additional Insured to General Liability(coverage form
attached),Automobile and Excess/Umbrella coverage as required by written
contract with respects to work performed by the Named Insured: City of
Elgin.See attached.
CERTIFICATE HOLDER CANCELLATION
CITELGI
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Elgin THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
tY 9 ACCORDANCE WITH THE POLICY PROVISIONS.
150 Dexter Ct
Elgin,IL 60120
AUTHORIZED REPRESENTATIVE
41 A ,
ACORD 25(2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
NOTEPAD. HOLDER CODE CITELGI DAHMMC1 PAGE 2
INSURED'SNAME Da time Mechanical Industries, OP ID: SM Date 06/08/2023
The General Liability and Automobile Additional Insured is on a Primary
and Non-Contributory basis.
Excess/Umbrella Liability coverage is following form.
A Waiver of Subrogation in favor of the Additional Insureds is included
under the General Liability, Automobile and Workers Compensation coverage
as required by written contract.
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily
injury,property damage or personal and advertising Injury caused in whole or in part by your acts or omissions,or
the acts or omissions of those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract;or
B. in the performance of your work subject to such written contract,but only with respect to bodily injury or
property damage Included in the products-completed operations hazard,and only if:
1. the written contract requires you to provide the additional insured such coverage;and
2. this coverage part provides such coverage.
II. But if the written contract requires:
A. additional insured coverage under the 11.85 edition, 10-93 edition,or 10-01 edition of CG2010, or under the 10-
01 edition of CG2037;or
B. additional insured coverage with"arising out of language;or
C. additional insured coverage to the greatest extent permissible by law;
then paragraph I.above is deleted in its entirely and replaced by the following:
WHO IS AN INSURED is amended to Include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily
Injury,property damage or personal and advertising injury arising out of your work that is subject to such written
contract.
III. Subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide
such additional insured with:
A. coverage broader than required by the written contract;or
B. a higher limit of insurance than required by the written contract.
IV. The insurance granted by this endorsement to the additional insured does not apply to bodily Injury,property
damage,or personal and advertising injury arising out of:
A. the rendering of,or the failure to render,any professional architectural,engineering,or surveying services,
Including:
1, the preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys,
field orders,change orders or drawings and specifications;and
2. supervisory,inspection,architectural or engineering activities;or
B. any premises or work for which the additional insured is specifically listed as an additional insured on another
endorsement attached to this coverage part.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to
add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage
part:
CNA75079XX(10-16) Policy No: 6079854752
Pace 1 of 2 Endorsement No:
National Fire Insurance of Hartford Effective Date: 12/2 2/2 0 2 2
Insured Name: Dahme Mechanical Industries,Inc.
copyright C`IA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CAM CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named
insured,this insurance is primary to and will not seek contribution from such other insurance,provided that a written
contract requires the insurance provided by this policy to be:
1, primary and non-contributing with other insurance available to the additional insured;or
2. primary and to not seek contribution from any other insurance available to the additional Insured.
But except as specified above, this insurance will be excess of all other insurance available to the additional insured.
VI. Solely with respect to the insurance granted by this endorsement, lice section entitled COMMERCIAL GENERAL
LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence,Offense, Claim or Suit is amended with the addition of
the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim;
2. send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the investigation,
defense,or settlement of the claim;and
3. make available any other insurance,and tender the defense and indemnity of any claim to any other insurer or
self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part.However,
if the written contract requires this insurance to be primary and non-contributory,this paragraph 3,does not
apply to insurance on which the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives
written notice of a claim from the additional insured.
VI I. Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS Is amended to
add the following definition:
Written contract means a written contract or written agreement Ulat requires you to make a person or organization an
additional insured on this coverage part,provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy;and
B. was executed prior to:
1. the bodily injury or property damage;or
2. the offense that caused the personal and advertising injury;
for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
CNA75079XX(10-16) Policy No: 6079854752
Paoe 2 of 2 Endorsement No:
National Fire Insurance of Hartford Effective Date: 12/2 2/2 0 2 2
Insured Name: Dahme Mechanical Industries,Inc.
Copyright CNA All Rights Reserved. Includes copyrighted malerlal of Insurance Services offico,Inc.,whh its pennisslon.