HomeMy WebLinkAbout85-0513 Zimmerman Construction PROPOSAL SUBMITTED BY:
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CONTRACT DOCUMENTS AND SPECIFICATIONS
NATIONAL STREET BRIDGE PYLON REPAIR
KANE COUNTY, ILLINOIS
PROJECT NO. 2994
CITY OF ELGIN
DEPARTMENT OF PUBLIC WORKS
MELFORD DAHL , DIRECTOR
. 4
ENGINEERING DIVISION
GARY W. MILLER, ENGINEERING SUPERVISOR
MARCH, 1985
I
Melford A. Dahl , P.E. , Director of Public Works
Engineering No. 24475
• • NOTICE TO BIDDERS
r Sealed bids for "The National Street Bridge Pylon Repair" will be
received by the Purchasing Agent of the City of Elgin, Illinois, 150
• Dexter Court 60120, until 11 :00 A.M. April 16, 1985 and at that time they
will publicly be opened and read. All bidders will receive a copy of the
bid tabulation sheet after the contractor has been selected.
The repair and reconstruction of the pylon will not be measured for
payment, all work will be paid for on a Lump Sum basis .
Copies of the plans, specifications, proposal and contract forms may
be obtained from the Purchasing Agent, City of Elgin, 150 Dexter Court,
Elgin, IL 60120 upon Receipt of $20.00 per set which is not refundable.
All proposals must be accompanied by a Certified or Cashier's Check,
Bank Draft or a properly executed Proposal Bid Bond for an amount equal to
at least ten (10%) 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 properly executed
contract surety bond within fifteen (15) days after the date the contract
has been awarded to him.
• The successful bidder shall be required to furnish a contract bond
satisfactory to the City of Elgin by a surety company authorized to do
business in the State of Illinois covering the full amount of his contract.
Proposals may be withdrawn at any time prior to the hour of opening of
bids, when requested in writing, but no proposal may be withdrawn after the
time of opening of bids is past. Any proposal so withdrawn may not be re-
I submitted at the same letting.
Each bidder shall satisfy the City as to his ability, financial and
otherwise, to carry out the work.
The City of Elgin reserves the right to reject any and all bids and to
reject the bid of any person or firms who, in its opinion, have not had
sufficient experience in the type of construction on which they are bidding,
or who is not provided with the necessary capital , materials, machinery and
supervisory personnel to execute the work to be contracted.
City of Elgin
Michael Sarro
Purchasing Agent
-2-
• Municipality
• STATE OF ILLINOIS El •in
Township
Elgin
PROPOSAL County
Kane
Section
National Street Bride P ion Re•air
1. Proposal of
for the improvement of the above section by the construction of repairs to the
National Street bridge pylon located near the southwest corner of the structure.
a total distance of feet,
of which _ feet, ( - miles ) are to be improved.
2. The plans for the proposed work are those prepared by Walker Parking
Consultants Restoration Engineers
and approved by XNWRXXXXMIOWNXXIKANURXIAIWIN
Melford A. Dahl
on March 21 , 19 85 •
3. The specifications referred to herein are those prepared by the Department of
Transportation and designated as "Standard Specifications for Road and Bridge
Construction" and the Supplemental Specifications" there to, adopted and in effect
on the date of invitation for bids.
4. The undersigned agrees to accept, as part of the contract, the applicable
agtddXRCOfti41450(iKOMMOONNXXIMUNRXXXANKRXXWMINPIXMOMAXXPRgifigniRMX
CO Special Provisions contained in this proposal .
5. The undersigned agrees to complete the work within — days or by 12-15-85,
unless additional time is granted in accordance with the specifications.
6.
6. Accompanying this proposal is either a bid bond on Department form BLR 5708 or
. • a proposal guaranty check , complying with the specifications, made payable to the
city Treasurer of Flgiv . The amount of the check is
O4f1114 ft cc(
44kl. ($ 441) CC) )•
rit;c7
• BLR 5705
(4-84)
-3-
.• • ff this proposal is accepted and the undersigned shall fail to execute a contract and contract bond as required, it is
• hereby agreed that the amount of the check or draft or bidder's bond substituted in lieu thereof, shall become the
property of the awarding authority and shall be considered as payment of damages due to delay and other causes
puttered by the awarding authority because of the failure to execute said contract and contract bond;otherwise said
check or draft,or bidder s bond substituted in lieu thereof shall be returned to the undersigned.
ATTACH BANK DRAFT, BANK CASHIER'S CHECK, OR CERTIFIED CHECK HERE
In the event that one check or draft is intended to cover two or more proposals, the
' amount must be equal to the sum of the proposal guarantees of the individual sections cov •
ered.
If the check or draft is placed in another proposal, state below where it may be found, as
.follows: The check or draft will be.found in the proposal for Section No ...........
7. The undersigned submits herewith his schedule of prices covering the work to be performed under this con-
tract:
SCHEDULE OF PRICES
(For complete information covering these items, see plans and specifications)
how App.000rte UNIT PRICES MOUNTS
Net. Ri1dS QasStitiel Dollars cenu Dollars Clan
•
•
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a cO
1. National Street Bridge Pylon Repair L.S. 1400 — I-1400
•
X i•Yd&Yi'kffilin Bidder's Proposal for making entire improvements 1 � ��, .00
(U an individual)
• Signature of Bidder (SEAL)
Business Address
(If a co-partnership)
Firm Name (SEAL)
Signed by (SEAL)
Business Address
Insert
Names and
Addresses of
All Members
of the Firm
(If a corporation)
Corporate N22jt,tT-/(LJ
71 01); Y\,NO l UN •k•,. (
;l ��r: o(rnPIN r+
Signed By.,. .....721
_�-
'1 1 President.
• - Business Address 1\ Ct C'?C? l�' :�'.-r1L 1 `\i '1 l(4. L‘ ,S `n C)
(Corporate Seal)
Insert President. \.H C\\\\-`_1 1.
Names of vv 1�1/
Officers
Secretary L�: ,�.. . ��.;L.c t,. , a.
Treasurer
Attest: `
Secretary
•
-5-
Ulinois Department Proposal Bid Bond
• . of Transportation
Local Agency
Municipality
Township
County
Section •
WE
as PRINCIPAL, and
as SURETY,
are held and firmly bound unto the above Local Agency (hereafter referred to as "LA") in the penal
sum of 5% of the total bid price, or for the amount specified in Article 102.09 of the "Standard
Specifications for Road and Bridge Construction" in effect on the date of invitation for bids.We bind
ourselves,our heirs, executors,administrators, successors, and assigns, jointly to pay to the LA this
sum under the conditions of this instrument.
WHEREAS THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that, the said PRIN-
CIPAL is submitting a written proposal to the LA acting through its awarding authority for the con-
struction of the work designated as the above section.
THEREFORE,if the proposal is accepted and a contract awarded to the PRINCIPAL by the LA for
the above-designated section,and the PRINCIPAL shall within fifteen (1 5)days after award enter into
a formal contract, furnish surety guaranteeing the faithful performance of the work, and furnish evi-
dence of the required insurance coverage, all as provided in the "Standard Specifications for Road
and Bridge Construction" and applicable Supplemental Specifications, then this obligation shall
become void; otherwise it shall remain in full force and effect.
IN THE EVENT the LA determines the PRINCIPAL has failed to enter into a formal contract in
compliance with any requirements set forth in the preceding paragraph, then the LA acting through
Its awarding authority shall immediately be entitled to recover the full penal sum set out above,
together with all court costs, all attorney fees, and any other expense of recovery.
• IN TESTIMONY WHEREOF, the said PRINCIPAL and the said SURETY have caused this instru-
ment to be signed by their respective officers and their corporate seals to be hereunto affixed this
. • day of A.D. 19_
PRINCIPAL
•
(Company Name) (Seal) (Company Name) (Seal)
By: By:
(Signature&Title) (Signature&Title)
(If PRINCIPAL is a joint venture of two or more contractors, the company names, seals and
authorized signatures of each contractor must be affixed.)
SURETY
(Name of Surety) (Seal) By: (Signature of Attorney-in-Fact)
STATE OF ILLINOIS,
COUNTY OF
I, , a Notary Public in and for said county,
do hereby certify that
(Insert names ol individuals signing on behalf ol PRINCIPAL& SURETY.)
who are each personally known to me to be the same persons whose names are subscribed to the
foregoing instrument on behalf of PRINCIPAL and SURETY, appeared before me this day in person
and acknowledged respectively, that they signed, sealed, and delivered said instrument as their free
and voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of A.D. 1 9_
My commission expires
Notary Public
• NOTICE
• 1. IMPROPER EXECUTION OF THIS FORM (i.e. MISSING SIGNATURES OR SEALS OR
• INCOMPLETE CERTIFICATION) WILL RESULT IN BID BEING DECLARED IRREGULAR.
2. IF BID BOND IS USED IN LIEU OF PROPOSAL GUARANTY CHECK, IT MUST BE ON THIS FORM
AND MUST BE SUBMITTED WITH BID.
-6- BLR 5708(Rev.4-84)
STATE OF ILLINOIS
CONTRACT
. - 1. THIS AGREEMENT, made and concluded the 13+t day of Mat
19 85,between the (2I TY _ of t-L4./^)
acting by and through its a ill °--c-/k)NC IL— • known as the party of the first part,and
Z rn►rrteNonAtit+A COA54rJC.. 1olk C Diel fa 4his/their executors, administrators,successors
or assigns,known as the party of the second part. J
2. WITNESSETH: That fur and in consideration of the payments and agreements mentioned in the Proposal hereto
attached, to be made and performed by the party of the first part, and according to the terms expressed in the Bond referring to
these presents, the party of the second part agrees with said party of the first part at his/their own proper cost and expense to do
all the work, furnish.all materials and all labor necessary to complete the work in accordance with the plans and specifications
hereinafter described,and in full compliance with all of the terms of this agreement and the requirements of the Engineer under it.
3. And it is also understood and agreed that the Notice to Contractors, Special Provisions,� Proposal and Contract Bond
hereto attached, and the Plans fur Section 0 /4 , in 1v /A ,
approved by the Department of Transportation of the State of Illinois IV 14 ,
19 ,are all essential documents of this contract and are a part hereof.
. 4. IN WITNESS WHEREOF,The said parties have executed these presents un the date above mentioned.
. ' . Attestk'
1:l The e t+TY ofre....4.A..)
X lf��,G„ ,L (0
J ..L2L5K(dl�lal�Clerk By J —6)...44...--4'
• I Party of the First Part
• (Seal) (If a Corporation)
Attest: Corporate Name 2 , mmermaIt. COn,)+rtte,+:oVi- o
. ' L'`- 1031. - - \
i....,, \f\, By 9fle..../dle--) 'Z. 2/-4,1„
1 S crstarYY' President
\ Party or the Second Put
(If a Co-Partnership)
(Seal)
(Corporate Seal) (Seal)
(Seal)
Partners doing Business under the firm name of
Party of the Second Part
(If an Individual)
(Seal)
Party of the Second Part
BAR 5710
(4-641
-7-
CITY OF ELGIN
GENERAL PROVISIONS
SECTION 1. Definition of Terms
1.1 Department. The City of Elgin Department of Public Works.
1.2 Engineer. City Engineer of the City of Elgin.
1.3 Inspector. The authorized representative of the Engineer assigned to
make detailed inspection of any or all portions of the work or materials
therefore.
1.4 Bidder. Any individual, firm or corporation submitting a proposal for
the work contemplated.
1.5 Contractor. The bidder awarded the contract for the work.
1.6 Surety. The corporate body, individual or individuals, which are to be
responsible forthe bidders acts during execution of the contract in
the event of its being awarded to him, or which are bound with and for
the contractor to insure his acceptable performance of the contract,
his payment of all obligations pertaining to the work, and his fulfill-
ment of such other conditions as may be specified or otherwise required
by law.
1.7 Plans. All official drawings or reproductions of drawings pertaining
to the work provided in the contract.
1.8 Specifications. The general and specialprovisions, special conditions
and detailed specifications contained therein together with written
agreements and all other executed documents which describe the method
or manner of performing the 'work, the quantities, or the quality of
material to be furnished under the contract.
1.9 Special Provisions. Any and all special directions, provisions, and re-
quirements prepared to cover the method or manner of performing work on
a particular project, or cover the quantities or quality of the materials
to be furnished under the contract, which are not covered herein. The
special provisions included in the contract shall govern the work and take
precedence over the plans and general provisions wherever they conflict
therewith, but they shall not operate to annul those portions of the general
provisions with which they are not in conflict.
1.10 Notice of Letting. The official notice inviting proposals for proposed
improvements.
1.11 Notice to Bidders. The official notice, included in the proposal, in-
viting bids for proposed improvements.
1.12 Proposal. The written offer of the bidder to perform the proposed work.
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1.13 Proposal Guaranty. The security designated in the proposal to be
furnished by the bidder as a guaranty that said bidder will enter into
a contract with the Department for the acceptable performance of the
work and will furnish the required contract bond, if the work is
awarded to him.
1.14 Award. The decision of the Department to accept the proposal of the
lowest responsible bidder for the work, subject to the execution and
approval of a satisfactory contract therefore, and bond to secure the
performance thereof, and to such other conditions as may be specified
or otherwise required by law.
1.15 Contract. The written agreement covering the performance of the work
and the furnishing of labor and material for the construction of the
work. The contract includes the notice to contractors, proposal, con-
tract bond, specifications and plans.
1.16 Contract Bond. The approved form of security furnished by the Contractor
and his surety as a guaranty that he will execute the work in accordance
with the terms of the contract.
1.17 The Work. The improvement advertised for letting, described in the pro-
posal form indicated on the plans, and covered in the specifications and
contract, and authorized alterations, extensions and deductions, includ-
ing labor, tools, equipment, materials , and incidentals necessary for
the satisfactory completion of the project.
SECTION 2. Proposal Requirements and Conditions
2.1 Contents of the Proposal Form. Bidders will be furnished with proposal
forms stating the location and description of the work contemplated,
the approximate quantities of work to be performed or materials to be
furnished, the amount of the proposal guaranty, and the date, time, and
place of filing and opening proposals . All documents bound with or at-
tached to the proposal shall be considered a part thereof, and shall not
be detached or altered.
2.2 Interpretation of Estimate of Quantities. An estimate of quantities of
work to be done and materials to be furnished under the specifications
is given in the proposal. It is the result of careful calculations and
is believed to be correct, but is given only as a basis for comparison
of proposals and the award of the contract. The Department does not
agree that the actual quantities involved will correspond exactly there-
with; nor shall the bidder plead misunderstanding or deception because
of such estimate of quantities, or of the character, location or other
conditions pertaining to the work.
2.3 Examination of Plans, Specifications, and Site of Work. The bidder
shall, before submitting his bid carefully examine the proposal, plans ,
specifications and form of contract and bond. He shall inspect in detail
the site of the proposed work and familiarize himself with all local con-
ditions affecting it. If his bid is accepted, he will be responsible for
all errors in his proposal resulting from his failure or neglect to comply
with these instructions.
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2.4 Preparation of the Proposal. The bidder shall submit his proposal on
the forms furnished by the Department. The proposal shall be executed
properly, and bids shall be made for all items indicated in the pro-
posal form. The bidder shall indicate, in figures, a unit price for
each of the separate items called for in the proposal; he shall show
the products of the respective quantities and unit prices in the column
provided for that purpose, and the gross sum shown in the place indicated
in the proposal shall be the summation of said products. All unit prices
shall be conditioned on furnishing a bond executed by a corporate surety
company satisfactory to the Department. All writing shall be with ink
or typewriter, except the signature of the bidder which shall be written
with ink.
If the proposal is made by an individual, his name and post office
address shall be shown. If made by a firm or partnership, the name and
post office address of each member of the firm or partnership shall be
shown. If made by a corporation, the proposal shall show the name of
the State in which the Corporation was chartered, the names, titles
and business addresses of the president, secretary, and treasurer and
seal of the corporation shall be affixed and attested by the secretary.
2.5 Rejection of Proposals. Proposals that contain omissions, erasures, .
alterations, additions not called for, conditional or alternate bids
unless called for, irregularities of any kind, or proposals otherwise
regular which are not accompanied by a bank cashier's check, or a bank
draft may be rejected as informal or insufficient.
2.6 Proposal Guaranty. Each proposal shall be accompanied by a bank draft
drawn on the New York, Chicago,.. or St. Louis Exchange, a bank cashier's
check or a properly certified check for not less than ten (10) percent
of the amount of the bid made payable to the awarding authority. In no
case will a proposal guaranty for less than three hundred dollars ($300.00)
be accepted.
2.7 Delivery of Proposals. Proposals shall be delivered prior to the time and
at the place indicated in the notice to bidders. Each proposal shall be
placed in a sealed envelope clearly marked to indicate its contents. If
forwarded by mail the proposal shall first be placed in the aforesaid en-
velope and then placed in an outer envelope addressed to the Department.
Only sealed proposals will be accepted.
Proposals sent by mail will not be opened unless received at the place of
letting prior to the time of opening proposals. Envelopes postmarked
prior to the time of opening proposals will not be accepted. •
2.8 Withdrawal of Proposals. Permission will be given a bidder to withdraw
a proposal if` he makes such a request in writing prior to the time of
• opening proposals. If a proposal is withdrawn, the bidder will not be
permitted to submit another proposal for the same work at the same letting..
• 2.9 Disqualification of Bidders. Any one or more of the following causes may
be considered as sufficient for the disqualification of a bidder and the
rejection of his proposal:
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(a) More than one proposal for the same work from an individual,
firm, or corporation under the same or different names .
(b) Evidence of collusion among the bidders.
(c) Unbalanced proposals in which the prices for some items are
not of proportion to the prices for other items.
(d) Failure to submit a unit price for each item of work listed
in the proposal.
(e) Lack of competency as revealed by the financial statement or
experience questionnaire required under Article 2.10.
(f) Unsatisfactory performance record as shown by past work for
the Department, judged from the standpoint of workmanship and progress.
(g) Uncompleted work -which in the judgment of the Department,
might hinder or prevent the prompt completion of additional work.
2.10 Competency of Bidders. Each bidder shall furnish the awarding authority,
upon request, with satisfactory evidence of his competency to perform
the work contemplated. When requested, he shall submit a statement show- .
ing his financial condition, also, if requested a financial statement
shall be prepared by a certified public accountant and submitted on forms
furnished by the awarding authority. The bidder, if requested, shall
also answer and submit questionnaires relating to his experience in per-
forming construction work similar to that for which he is offering a
proposal.
Before an award is made, the bidder may, at the option of the awarding
authority, be required to file a statement showing the type, amount and
condition of equipment which will be available, and an outline of his
plans for conducting the work, using forms provided by the awarding
authority.
Before an award is made, the bidder may, at the option of the awarding
authority,, be required to furnish a statement showing the value of all
uncompleted work for which he has entered into contracts.
SECTION 3. Award and Execution of Contract
3.1 Consideration of Proposals. The proposals received will be compared on
the basis of the summation of the products of the items of work and the
unit prices offered. In case of discrepancies between the gross sum
shown in the proposal and that obtained by adding the quantities of work
and unit prices, the unit prices shall govern, and any errors found in
said products shall be corrected. In awarding contracts, the Department
will, in addition to considering the -amounts stated in the proposals, take _
into, consideration the responsibility of the various bidders as determined
from a study.of the data required: under Section 2.10, and from other in-
vestigations which it may elect to make.
1. GP
The right reserved to reject any or all proposals, to waive technical-
ities, and to advertise for new proposals, or to proceed to do the work
• otherwise if, in its opinion, the best interest of the Department will
be protected thereby.
3.2 Award of Contract. Except in cases where the Department exercises the
right reserved under Article 3.1 to reject any or all proposals, the
contract will be awarded by the Department, as soon as practicable after
the opening of proposals, to the bidder who has submitted the lowest pro-
posal with all requirements of the specifications as to the responsi-
bility of bidders.
If a contract is not awarded within sixty (60) days after the opening
of proposals, a bidder may file a written request with the Department
for the withdrawal of his bid and the Department at its discretion, may
permit such a withdrawal.
3.3 Return of Proposal Quaranty. The proposal guaranties of all except the
two lowest bidders will be returned promptly after proposals have been
checked, tabulated and the relation of the proposals established. Pro-
-posal:'guaranties' of the too' loc est bidde"rs will be=returned as soon as
the contract and bond of the successful bidder have been executed and
approved.
-3.4 Requirement of Contract Bond. The successful bidder, at the time of the
execution of the contract, shall deposit with the Department a surety
bond for the full amount of the contract. The form of the bond shall be
that furnished by the Department, and the surety shall be acceptable to
the Department.
3.5 Execution of the Contract. The contract shall be executed by the bidder,
the bond shall be executed by the principal and sureties, and both shall
be presented to the Department within fifteen (15) days after the date
of notice of the award of the contract.
3.6 Failure to Execute Contract. Failure on the part of the successful
bidder to execute a contract and an acceptable bond, as provided herein,
within fifteen (15) days from the date of notice of the award of the
contract, will be considered as just cause for the annulment of the
award and the forfeiture of the proposal guaranty.
SECTION 4. Scope of the Work
4.1 Intent of the Plans and Specifications. The intent of the plans and
the specifications is to prescribe a complete outline of work which the
Contractor undertakes to do in full compliance with the contract. The
Contractor shall perform all work as may be necessary to complete the
work to the finished lines, grades and cross sections in a substantial
and acceptable manner. He shall furnish all required materials, equip-
ment, tools, labor and incidentials, unless otherwise provided in the con-
tract, and shall include the cost of these items in the contract unit
prices for the several units of work.
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4.2 Alterations, Cancellations, Extensions, and Deductions. The
Department reserves the right to alter the plans, extend or shorten
the improvement, and such incidental work as necessary, and increase "C
or decrease the quantities of work to be performed to accord with
such changes, including the deduction or cancellation of any one
or more of the unit price items. Such changes shall not be con-
sidered as a waiver of any condition of the contract nor to invali-
date any of the provisions thereof. A supplemental agreement be-
tween the Contractor and the Department will be required where such
changes result in net increase or a net decrease in the amount of
the contract by twenty-five (25) percent of the original contract
price.
4.3 Final Cleaning Up. Upon completion and before final acceptance of
the work, the Contractor shall remove from within the limits of the
right-of-way, easement, or limits of the improvement all machinery,
equipment, surplus material, falsework, excavated and useless mate-
rials, rubbish, temporary buildings, barricades and signs, and
shall clean up camp sites , plant sites, and storage and siding
grounds.
The Contractor shall clean off all cement streaks or drippings ,
paint smears or drippings, rust stains, oil, grease, bituminous
materials, dirt and other foreign materials deposited or accumulated
on any structure or curb and gutter due to his operations.
SECTION 5. Control of the Work
5.1 Authority of Engineer. All work shall be done under the supervision
of the Engineer, and to his satisfaction. He shall decide all ques-
tions which arise as to the quality and acceptability of materials
furnished, work performed, manner of performance, rate of progress
of the work, interpretation of the plans and specifications, accep-
table fulfillment of the contract, compensation and disputes and
mutual rights between Contractors under the Specifications. He
shall determine the amount and quality of work performed and mate-
rials furnished, and his decision and estimate shall be final. His
estimate shall be a condition precedent to the right of the Contrac-
tor to receive money due him under the contract.
In case of failure on the part of the contractor to execute work
ordered by the Engineer, the Engineer may, at the expiration of a
period of forty-eight (48) hours after giving notice in writing to
the Contractor, proceed to execute such work as may be deemed neces-
sary, and the cost thereof shall be deducted from compensation due
or which may become due the contractor under the contract.
5.2 Plans and Working Drawings. Plans showing such details as are
necessary to give a comprehensive idea of the construction contem-
plated will be furnished by the Department. The contractor shall
submit to the Engineer for approval such additional shop working,
(Continued)
6 GP
or layout drawings pertaining to the construction of the work, as may be
required, and the finished work shall conform with such plans and approved
• working drawings with the exception of such deviations as may be author-
ized by the Engineer in writing: Prior to the approval of Contractor pre-
pared working drawings, any work done or materials ordered shall be at the
Contractor's risk. The contract price shall include the cost of furnishing
such working drawings.
5.3 Coordination of S.ecif ications Plans Pro.osal, and Special Provisions.
The specifications, the accompanying plans, the proposal, and a 1 supple-
mentary documents are intended to describe a complete work and are essen-
tial parts of the contract. A requirement occurring in any of them is
binding. In case of discrepancy, figured dimensions shall govern over
scaled dimensions, special provisions shall govern over both general pro-
visions and plans, and the quantities shown on the plan shall govern over
those shown in the proposal. The contractor shall take no advantage of
any apparent error or omission in the plans or specifications, and the
Engineer shall be permitted to make such corrections and interpretations
as may be deemed necessary for the fulfillment of the intent of the plans
and specifications.
5.4 Cooperation with Utilities. All utility appurtenances which are within
the limits of the proposed construction are to be moved by the owners at
their expense, except as otherwise provided for in the special provisions
or as noted on the plans.
It is understood and agreed that the Contractor has considered in his bid
all of the permanent and temporary utility appurtenances in their present
or relocated positions that may be encountered during construction and no
additional compensation will be allowed for any delays, inconvenience, or
damage sustained by him due to any interferences from the said utility
appurtenances either by the utility company or by him, or on account of
any special construction methods required in prosecuting his work due to
the existence of said appurtenances either in their present or relocated
positions. The contractor shall insure that prompt repairs are to the
approval of the Engineer's effected on any utility appurtenances damaged
by him without compensation from the Department.
5.5 Construction Stakes. Construction stakes will be set to mark the general
location, alignment, elevation, and grade of the work. The Contractor
shall assume full responsibility for dimensions and elevations measured
from such stakes. He shall exercise proper care in the preservation of
stakes set for his use or the use of the Engineer, and if he displaces,
loses, or removes them during his operation, they may be reset at his
expense.
The Contractor shall furnish at his expense the size, quality, and quantity
of stakes required by the Engineer. If he fails to furnish such stakes at
the time and place specified, the Engineer may purchase the same and deduct
_ the entire cost from the compensation due the contractor. The Contractor
shall, at the request of the Engineer, furnish the necessary labor to set
the stakes and make the necessary measurements. He shall be reimbursed
for the actual cost of such labor, actual cost to include the time actually
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engaged on such work, but not to include profit, overhead, or rental
charge for tools or other equipment. The Contractor shall also be re-
imbursed for the actual cost of contractor's bond, public liability and
property damage insurance, workmen's compensation insurance and social
security tax required for labor in setting stakes and making measure-
ments, to which no percent shall be added.
5.6 Inspection. All materials and each part or detail of the work shall be
subject at all times to inspection by the Engineer or his Inspectors, and
the Contractor will be held strictly to the true intent of the specifi-
cations in regard to quality of materials, workmanship, and diligent execu-
tion of the contract. The Engineer or his Inspectors shall be allowed
access to all parts of the work, and shall be furnished with such informa-
tion and assistance by the Contractor as is required to make a complete
and detailed inspection.
The Contractor shall, if the Engineer requests, remove or uncover such
portions of the finished work as the Engineer may direct before final
acceptance of the same. After the examination, the Contractor shall re-
store said portion of the work to the standard required by the specifica-
tions. If the work thus exposed or examined proves acceptable, the ex-
pense of uncovering or removing and the replacing of the parts removed
shall be paid for as extra work, but if the work so exposed or examined
is unacceptable, the expense of uncovering or removing and replacing of
the same shall be borne by the Contractor.
5.7 Removal of Defective and Unauthorized Work. Work done without lines and
grades being given, or beyond the lines shown on the plans or as given,
except as herein provided, or any extra work done without authority will
be considered as unauthorized and at the expense of the Contractor, and
will not be measured or paid for. Work so done may be ordered removed or
replaced at the Contractor's expense.
All work which has been rejected or condemned shall be remedied or removed
and replaced, in a manner approved by the Engineer, by the Contractor at
his awn expense. Upon failure on the part of the Contractor to comply
promptly with any order of the Engineer made under the provisions of this
article, the Engineer shall, after giving written notice to the Contractor,
have the authority to cause defective work to be remedied, or removed and
replaced, or to cause unauthorized work to be removed, and deduct the cost
thereof from any compensation due or to become due to the Contractor.
5.8 Final Inspection, The Engineer shall make final inspection of all work
included in the contract,. or any portion thereof one mile or more in length,
as soon as practicable after notification in writing by the Contractor that
the work is completed and ready for acceptance... If the work is not accept-
able to the Engineer at the time of such inspection, he shall inform the
Contractor as to the particular defects to be remedied before final accept-
ance can be made.
SGP
SECTION 6. Control of Materials
6.1 Quality of Materials. It is the intent of the specifications that first
class materials shall be used throughout the work, and which shall be
capable of being incorporated in such a manner as to produce completed
construction which is workmanlike and acceptable in every detail. Only
materials which conform to the plans and specifications shall be incor-
porated in the work.
When requested by the Engineer, the Contractor shall furnish a notarized
statement of the origin, composition, quality, and manufacture of any or
• all materials that are used in the work.
The source of supply of each material used shall be approved by the
Engineer before delivery is started. If sources previously approved are
found to be unacceptable at any time and fail to produce materials satis-
factory to the Department, the Contractor shall at his own expense furnish
materials from other approved sources.
6.2 Inspection and Storage of Materials. All materials will be inspected by
the .Engineer. The Contractor shall give sufficient advance notice of
placing orders to permit tests to be completed before the materials are
incorporated in the work, and shall afford such facilities as the Engineer
may require for collecting and forwarding samples and making inspections.
All samples shall be furnished without charge to the Department.
The Contractor shall not make use of or incorporate in the work the
materials represented by the samples until tests have been made and
materials found to be in accordance with the specifications. If it is
necessary to store materials, they shall be protected in such a manner as
to insure the preservation of their quality and fitness for the work. All
stored material shall be inspected at the time of use in the work, even
though they may have been inspected and approved before being placed in
storage. Materials stored at the project site shall be placed so as to
not create a hazard or nuisance or to in anyway damage private or public
property. Storage of materials is at all times subject to the approval of
the Engineer.
SECTION 7. Legal Relations and Responsibility to Public
7.1 Law to be Observed. The Contractor shall at all times observe and comply
with all Federal and State Laws, local laws, ordinances and regulations
which in any manner affect the conduct of the work, and all such orders or
decrees as exist at the present and which may be enacted later, of legislative
bodies or tribunals having legal jurisdiction or authority over the work and
no plea of misunderstanding or ignorance thereof will be considered. He
shall indemnify and save harmless the Department and all of its officers,
agents, employees, and servants against any claim or liability arising from
or based on the violation of such law, ordinance, regulation, order, or
decree, whether by himself or his employees.
9 GP
7.2 Workmen's Compensation Insurance. The Contractor shall maintain •
insurance coveringWorkmen's Compensation, or provide satisfactory
evidence that this liability is otherwise taken care of -in accordance
with Section 26 of the "Workmen's Compensation Act of the State of
Illinois."
Such insurance, or other means of protection as herein provided shall
be kept in full force until all work to be performed under the terms
of the contract has been completed and accepted in accordance with the
specifications. Failureto maintain such insurance, cancellation by
the Industrial Commission of its approval of such other means of pro-
tection as might have been elected, or any other act which results in
lack of protection under said "Workmen's Compensation Act" may be con-
sidered as a breach of Contract.
7.3 Permits and Licenses. The Contractor shall procure all permits and
licenses, pay all charges and fees, and give all notices necessary and
incident to the due and lawful prosecution.
7.4 Patented Devices Material and Processes. If any design, device,
materia or process covere. e ers patent or copyright is used by
the contractor, whether required or not, he shall provide for such use
by suitable legal agreement with the patentee or owner, guaranteeing
the Department indemnity from all claims for infringement, and shall
include the cost of such agreement in the price bid for the work.
7.5 Restoration of Surfaces qpened "by Permit. Any individual, firm or
corporation wishing to make an opening in the surface of any public
street, road, or highway or other public propertymust first secure a
permit from the Department, and the Contractor shall not allow any
person to make an opening unless a duly authorized permit from the
Department is presented. The Contractor shall insure that the surface
so disrupted by such openings will be replaced as indicated in the
"Special Provisions" to the satisfaction of the Engineer.
7.6 Sanitary Provisions. The Contractor shall observe all rules and regula-
ions of the State or local health departments, and shall take precau-
tions to avoid unsanitary conditions.
7.7 Public Convenience and Safety. The Contractor shall notify the Engineer
at least three (3) days in advance of the starting of any construction
work which might in any way inconvenience traffic, and the Contractor shall
at all times conduct the work in such a manner as to insure the least ob-
struction to vehicular and pedestrian traffic. Whenever possible, the Con-
tractor shall provide and maintain at his awn expense such temporary roads
and approaches as maybe necessary to provide access to driveways, houses,
buildings or other property abutting the improvements.
7.8 Barricades and Warning Signs. The Contractor shall provide, erect, and
maintain such barricades, signs, flags, and lights and the erection and
maintenance of same area at all times subject to the approval of the
Engineer.
(Continued)
10 GP
• The Contractor will be held responsible for all damage to the work,
• even though barricades, signs, flags and lights are installed as re-
quired above. Whenever evidence of such damage is found prior to
acceptance, the Engineer may order the damaged portion immediately
removed and replaced by the Contractor at his own expense. The Con-
tractor's responsibility for the maintenance of barricades, signs,
flags and lights shall not cease until the work has been accepted.
The cost of maintaining barricades, warning signs, red flags and red
•
lights as required herein shall be incidental to the contract and no
extra compensation will be allowed.
7.9 Equipment on Pavement and Structure. The pavement and structures on
or adjacent to the work shall be protected, in a manner satisfactory
to the Engineer, to damage by lugs or cleats on treads or wheels of
the equipment. Any damage to adjacent pavement or structures by lugs
or cleats or excessive loads from Contractor equipment shall be repaired
by the Contractor at his expense as directed by the Engineer.
7.10 Use of Fire Hydrants. If the Contractor desires to use water from
hydrants, he shall make application to the proper authorities and
shall conform to the municipal ordinances, rules or regulations con-
cerning their use.
Fire hydrants shall be accessible at all times to the Fire Department.
• No material or other obstructions shall be placed closer to a fire
• hydrant than is permitted by municipal ordinances, rules or regulations,
• or within five (5) feet of a fire hydrant, in the absence of such ordin-
ances, rules or regulations.
7.11 Protection and Restoration of Property. If corporate or private prop-
erty interferes with the work, the Contractor shall notify, in writing,
the owners of such property, advising them of the nature of the inter-
ferences and shall arrange to cooperate with them for the protection or
disposition of such property. The Contractor shall furnish the Engineer
with copies of such notifications and with copies of any agreements be-
tween him and the property owners concerning such protection or disposi-
tion.
The Contractor shall take all necessary precautions for the protection
of corporate or private property such as walls, foundations of buildings,
vaults, underground structures of public utilities, underground drainage
facilities, overhead structures of public utilities, trees, shrubbery,
crops and fences contiguous to the work, of which the contract does not
provide for removal. The Contractor shall protect and carefully preserve
• all official survey monuments, property marks, section markers and Geo-
logical Survey Monuments or other similar monuments, until the owner or
authorized surveyor or agent has witnessed or otherwise referenced their
- • location or relocation. The Contractor shall notify the Engineer of the
presence of any such survey or property monuments as soon as they are
discovered.
11 GP
The Contractor is responsible for the damage or destruction of
property of any character resulting from neglect, misconduct or
omission in his manner or method of execution or non-execution of
the work, or caused by defective work or the use of unsatisfactory
materials, and such responsibility shall be released until the work
shall have been completed and accepted and the requirements of the
specifications complied with..
Whenever public or private property is so damaged or destroyed, the
Contractor shall, at his own expense, restore such property to a con-
dition equal to that existing before such damage or injury was done
by repairing, rebuilding or replacing it as may be directed, or he
shall otherwise make good such damage or destruction in an acceptable
manner. If he fails to do so, the Engineer may, after the expiration
of a period of ).8 hours after giving him notice in-writing, proceed to
repair, rebuild or otherwise restore such property as may be deemed
necessary, and the cost thereof shall be deducted from any compensation
due, or which may become due, the Contractor under his contract.
The cost of all materials required and all labor necessary to comply
with the above provisions will not be paid for separately, but shall
be considered as incidental to the contract.
7.12 Responsibility for Damage Claims. The Contractor shall indemnify and
save harmless the Department, its officers and employees and the Engineer,
from all suits, actions, or claims of any character brought because of
any injuries or damages received or sustained by any person, persons, or
property on account of the operations of said Contractor, or on account
of, or in consequence of, any neglect in safeguarding the work; or
through use of defective or unacceptable materials in constructing the
work; or because of any act or omission, neglect, or misconduct of said
Contractor; or because of any claims or amounts arising or recovered
under the "Workmen's Compensation Act" or any other law, ordinance,
order, or decree; and so much of the money due the said Contractor
under and by virtue of his contract as shall be considered necessary to
the Department or in case no money is due, his purety shall be held
until such suit or suits, action or actions, claim or claims for in-
juries or damages as aforesaid shall have been settled and suitable
evidence to that effect furnished the Department.
7.13 Osenin: of Section of Roadwa to Traffic. The work under construction
sha not •e opene• to traf ic unti authorized by the Engineer in writing.
Any such opening shall not be construed as an acceptance of the roadway,
or any part of it, or as a waiver of any of the provisions of the contract.
At any time prior to final acceptance that work proceeds on a portion of
roadway open to traffic the Contractor shall conduct his construction
operations, only such materials and equipment shall be placed or stored
on the pavement as will be used in any one day's construction operations,
and the pavement shall be entirely cleared of all obstructions at night.
12 GP
4
7.14 Contractors Responsibility for Work. The work shall be under the
• " charge and care of the ontractor until acceptance by the Engineer.
The Contractor shall assume all responsibility for injury or damage
to the work by the action of the elements or from any other cause
whatsoever, whether arising from the execution or non-execution, of
the work. The Contractor shall rebuild, repair, restore, and make
good, at his expense, all injuries or damages to any portion of the
- work occasioned by any of the above causes before its completion and
acceptance.
When materials are furnished to the Contractor by the Department, for
inclusion in the work, the Contractor's responsibility for all such
material shall be the same as for materials furnished by him.
7.15 Personal Liability of Public Officials. In carrying out any pro-
visions of this contract or in exercising any power or authority
granted to him thereby, there shall be no personal liability upon
the Engineer or his representatives, it being understood that in such
matters he and they act as agents and representatives of the Department.
7.16 Insurance: The Contractor shall furnish a certificate of insurance
indemnifying and saving harmless the City of Elgin. The insurance
coverages shall not be less than the amounts stipulated below:
Workmen's Compensation Statuatory
- • Public Liability $500,000
• Property Damage $100,000
SECTION 8. Prosecution and Progress
8.1 Subletting or Assignment of Contract. If the Contractor sublets the
whole or any part of the work to be done under the contract, he shall
not under any circumstances be relieved of his liabilities and obliga-
tions. All transactions of the Engineer shall be with the Contractor;
subcontractors shall be recognized only in the capacity of employees
or workmen and shall be subject to the same requirements as to character
and competence. The Contractor shall not assign, transfer, convey, sell,
or otherwise dispose of the whole or any part of his contract, his right,
title, or interest therein, or his power to execute such contract, to
any person, firm, or corporation without written consent of the Engineer.
8.2 Progress Schedule. Promptly after the award of the contract, the Con-
tractor shall submit to the Engineer a satisfactory progress schedule
which shall show the proposed sequence of work, and how the Contractor
proposes to complete various items of work.
8.3 Prosecution of the Work. The Contractor shall begin the work to be per-
formed under the contract not later than ten (10) days after execution
and acceptance of the contract unless a delay be granted by the Engineer
in writing. The work shall be prosecuted in such a manner and with such
a supply of materials, and equipment and labor as is considered necessary
• to insure limits specified in the contract.
13 GP
8.14 Limitations of Operations. The Contractor shall conduct his work so' ...
as to create a minimum amount of inconvenience to vehicular and pedes-
trian traffic. At any time when in the judgment of the Engineer, the
Contractor has obstructed or closed the road without sufficient cause
or is carrying on operations on a greater portion of the road than is
necessary for the proper prosecution of the work, the Engineer may re-
quire the Contractor to open the section so closed and to finish the
section on which work is in progress before work is started on any
additional section.
8.5 Character of Workmen and Equipment. The Contractor shall employ only
competent and efficient laborers, mechanics, and artisans, and whenever,
in the opinion of the Engineer, any employee is careless, incompetent,
obstructs the progress of the work, acts contrary to instructions or
conducts himself improperly, the Contractor shall, upon request of the
Engineer, discharge or otherwise remove him from the work and shall not
employ him again, except with the written consent of the Engineer.
The equipment used on the work shall be of sufficient size and in such
mechanical condition as to meet with the requirements of the work and
produce a satisfactory quality of work. All equipment shall be ready
for use when reqUred by the Engineer. The Engineer may order the
removal of any unsatisfactory equipment and require its replacement •
with equipment meting his approval at the Contractor's expense. The
measure of capacity and efficiency of equipment shall be its actua-1
performance on tle work.
8.6 Suspension of Work. The Engineer shall have authority to suspend the
work wholly or in part, for such period of time as he may deem neces-
sary, due to conditions unfavorable for the satisfactory prosecution
of the work, or to conditions which in his opinion warrant such action;
or for such time as is necessary by reason of failure on the part of
the Contractor to carry out orders given; or to perform any or all
provisions of the contract. No additional compensation will be paid
the Contractor because of any costs caused by such suspension, except
when the suspension is ordered for reasons not resulting from any act
or omission on the part of the Contractor and not related to weather
conditions. The Contractor shall not suspend work without written
authority from the Engineer.
8.7 Determination and Extension of Contract Time for Completion. The time
for completion of contemplated work may be specified in the contract,
and it is understood that completion of the work within the time speci-
fied is an essential part of the contract. If the Contractor finds it
impossible to complete the work within the time specified in the con-
tract, he may, at any time prior to the last ten (10) working days of
the time specified, make written request to the Department for an ex-
tension of time. He shall set forth in full in his request the reason .
which he believes justify the granting of his request. If his request
is granted the extended time for completion shall then be considered
as in effect the same as if it were the original time for completion. .
111 GP
8.8 Failure to Complete Work on Time. Should the Contractor fail to
• r complete the work within the time specified in the contract or within
such extended time as may have been allowed, the Contractor shall be
liable to the Department for costs incurred for engineering and in-
spection, temporary surfacing, temporary structures, maintenance of
that portion of the road uncompleted, maintenance of detours by the
Department or Engineer, and all other expenses incurred by the Depart-
ment by reason of the Contractor's failure to complete the work within
the specified time, and such amount shall be deducted from the monies
due the Contractor, not as a penalty but as damages sustained.
8.9 Default on Contract. If the Contractor fails to begin the work under
contract within the time specified, or fails to perform the work with
sufficient workmen and equipment or with sufficient materials to insure
the completion of said work within the specified time, or shall perform
the work unsuitable, as determined by the Engineer, or shall neglect or
refuse to remove materials or perform anew such work as shall be re-
jected as defective and unsuitable, or shall discontinue the prosecu-
tion of the work, or if the Contractor shall become insolvent or be de-
clared bankrupt, or shall commit any act of bankruptcy or insolvency,
or shall make an assignment for the benefit of creditors, or from any
other cause whatsoever shall not carry on the work in a manner approved
by the Engineer, the Engineer shall give notice in writing to the Con-
tractor and his Surety of such delinquency, and said notice to specify
the correction measures required. If the Contractor after a period of
ten (10) days after said notice shall not proceed in accordance there-
• with, the Department shall, upon written certificate from the Engineer
of the fact of such delinquency and the Contractor's failure to comply
with said notice, have full power and authority to forfeit the right of
the Contractor and at its option to call upon the Surety to complete the
work in accordance with the terms of the contract, or it may take over
the work, including any or all materials and equipment on the grounds as
may be suitable and acceptable, and may complete the work by or on its
own force account, or may enter into a new agreement for the completion
of said contract according to the terms and provisions thereof, or use
such other methods as, in its opinion, shall be required for the com-
pletion of said contract in an acceptable manner. All costs and
charges under contract, shall be deducted from any monies due or which
may become due on such contract. In case the expense so incurred by
the Department shall be less than the sum which would have been payable
under the contract had it been completed by the Contractor, the Con-
tractor shall be entitled to receive the difference subject to any
claims for liens thereon which may be filed with the Department, or
any prior assignment filed with it, and in case such expense should
exceed the sum which would have been payable under the contract, the
Contractor and the Surety shall be liable and shall pay to the Depart-
ment the amount of such excess.
SECTION 9. Measurement and Payment
9.1 Measurement of Quantities. All work completed under the contract will
be measured by the Engineer according to United States standard measures.
15 GP
No deductions will be made for fixtures in the roadway having an
area of nine (9) square feet or less. All longitudinal measurements
for areas for base course, surface course, pavement, and shoulder
will be along the actual .surface of the roadway and not horizontally.
Storm sewer, sanitary sewer, water main, and underground electric con-
duit shall be measured parallel to the center line of such item as
constructed. For all transverse measurements for areas of base course,
surface course, and pavements, the dimensions used in calculating pay
areas shall be the exact dimensions shown on the plan or the dimension
ordered by the Engineer in writing.
9.2 Scope of Payment. The Contractor shall receive and accept the compen-
sation as herein provided, in full payment for furnishing all materials,
labor, tools and for all loss or damage arising out of the nature of
the work or from action of the elements; for any unforseen difficulties
or obstructions which may arise or be encountered during the prosecution
of the work until its final acceptance by the Engineer; for all risks
of every description connected with the prosecution of the work; also
all expenses incurred by or in consequence of suspension or discon-
tinuance of such prosecution of the work as herein specified, or for any
infringement of patents, trademarks, or copyrights, and for completing
the work in an acceptable manner according to the plans and specifications:
9.3 Increased or Decreased Quantities. Whenever the quantity of any item of
work as given in the proposal shall be increased or decreased or any
new item of work is authorized in writing by the Engineer the Contractor
shall accept payment as follows:
(a) All such work and materials as appear in the proposal as a
specific item accompanied by unit prices shall be paid for at the con-
tract unit price or prices for the work actually done. No allowance
will be made for delays or anticipated profits.
(b) All such work and materials as do not appear in the proposal or
contract as specified items accompanied by unit prices and which are not
included under the prices bid for other items in the contract shall be
designated as extra work and payment shall be accepted as herein described
for extra work.
All alterations, cancellations, extensions and deductions shall be
authorized in writing by the Engineer before work is started. Such
authorizations shall set up items of work involved and the method of
payment for each item.
Claims for extra work which have not been authorized in writing by the
Engineer will be rejected.
9.4 Payment for Extra Work. Extra work will be paid for as follows:
(1) Either at a lump sum price or at a unit price agreed upon by
the Contractor and Engineer.
(2) On the following force account basis :
16 GP
(a) Labor. The Contractor will be paid for the actual amount
of wages for all labor and foremen in direct charge of the specific
work for each hour that said labor and foremen are actually engaged
in such work, to which shall be added fifteen (15) percent of the
sum thereof. A foreman shall not be used when there are less than two
(2) laborers employed, except with written consent of the Engineer.
(b) Bond, Insurance, and Tax. The Contractor will receive the
actual cost of Contractor's bond, public liability and property damage
insurance, Workmen's Compensation insurance, occupational tax and
social security tax required for- force account work, to which no per-
cent shall be added. The Contractor shall furnish satisfactory evidence
of the rate or rates paid for such bond, insurance and tax.
(c) Materials. The Contractor will receive the actual cost for
all materials., including,freight shown by original receipted invoices
and freight bills, which are an integral partof the finished work, to
which shall be added fifteen (15) percent of the sum thereof.
The Contractor will be .reinihursed for any materials used in connection
with the work, such as sheeting, falsework., form lumber, burlap paper
or straw for curing, trench sheeting, etc., which. are not an integral
part of the finished work... . Theamount of reimbursement shall be agreed
upon in writing before .such work is begun, ,and .no percent shall be added.
The salvage value of such materials shall be taken into consideration in
• the reimbursement agreed upon.
(d) Equipment. Machinery and equipment which the Contractor has
on the job for use on contract., shall be used on extra work as deemed
necessary or desirable.. The Contractor will be paid for all machinery
and equipment used on extra work.. The amount of reimbursement shall be
agreed upon in writing before such work is begun.
9.5 Payment for Incidental Bills. Upon written order of the Engineer, the
Contractor shall pay the bills for incidental expenses, incurred during
the performance of extrawork on a force account basis, and for this he
will be reimbursed for, the actual amount so paid out, to which shall be
added five (5) percent of the sum thereof.
9.6 Payment for Items Omitted When Partially Completed. Should the Depart-
ment cancel or alter any portion of the contract which results in the
elimination or non-completion of any portions of the work partially com-
pleted the Contractor will be allowed a fair and equitable amountcover-
ing all items of work incurred prior tothe date of cancellation, altera-
tion, or suspension of such work. When such elimination or non-comple-
tion involves a net decrease in the amount of the contract of more than
twenty-five (25') percent of.the original contract price, a supplemental
agreement between the Contractor and the Department will berequired.
9.7 Partial Payment. At least once each month, when requested by the Con-
tractor, in writing, the Engineer will make an approximate estimate, in
writing, of the materials in place completed, the amount of work per-
formed, and the value thereof, at the contract unit prices. From the
17 GP
amount so determined there shall be deducted fifteen (15) percent
to be retained until after completion of the entire work, except
that no amount less than $500.00 will be so certified unless the
total amount of the contract is less than $500.00
In addition, an estimate may, at the discretion of the Department and
upon presentation of receipted invoices and freight bills be made for
payment of the value of acceptable non-perishable materials delivered
on the work or in acceptable storage places and not used at the time
of such estimate. Ten (10) percent shall be retained from the value
of such materials until final payment. Such materials, when so paid
for by the Department, shall become the property of the Eepartment,
and in the event of default by the Contractor, the Department, may use
or cause to be used such materials in the construction of the work pro-
vided for in the contract. The amount thus paid by the Department shall
be deducted from estimates due the Contractor as the material is used in
the work.
Partial payment for work or materials shall not be construed as an
acceptance of the work or any part of it, or as a waiver of any provi-
sions of the contract.
9.8 Semi-Final Payments. At the discretion of the. Department and with the
consent of the Surety, a semi-final estimate may be made when the prin-
cipal items of work have been substantially completed. Payment to the
Contractor under such an estimate shall not exceed eighty-five (85)
percent of the amount retained by the Department after making partial
payments, but in no event shall the amount retained by the Department
be less than $500.00.
9.9 Acceptance and Final Payment, Upon the satisfactory completion of any
portion of the work one (1) mile, or more in length, and upon written
approval of same by the Engineer, the Contractor shall be relieved of
any requirement for further work on such portions and from all liability
and responsibility, except that he shall remove any obstructions and
repair any damage caused by him subsequent to such approval and prior to
final acceptance of the entire section.
Whenever the improvement provided for by the contract shall have been
completely performed on the part of the Contractor, and all parts of the
work have been approved by the Engineer and accepted by the Department,
a final estimate showing the value of the work will be prepared by the
Engineer as soon as the necessary measurements and computation can be
made, all prior estimates upon which payments have been made being
approximate only and subject to correction in the final payment. The
amount of this estimate, less any partial or semi-final payments pre-
viously made and less any sums that have been deducted or retained under
the provisions of the contract, will be paid to the Contractor as soon
as practicable after the final acceptance, provided the Contractor
has furnished to the Department satisfactory evidence that all sums of
money due for any labor, materials, apparatus, fixtures or machinery
furnished for the purpose of such improvements have been paid or that
18 GP
the person or persons to whom the same may be due have consented to
such final payment.
The acceptance by the Contractor of the final 'payment shall constitute
a release and waiver of any and all rights and privileges under the
terms of the contract; further, the acceptance by the Contractor of
• final payment shall relieve the Department from any and all claims or
liabilities for anything done or furnished relative to the work or for
• any act or neglect on the part of the Department relating to or con-
, nected with the work.
9.10 Prevailing Wage Rate. It shall be mandatory upon the contractor to whom
the contract is awarded, and upon any subcontractor under him, that the
general prevailing rate of wages in said municipality for each craft or
type of workman or mechanic needed to execute the contract or perform
such work, and also the general prevailing rate for legal holiday and
overtime work as ascertained by the City of Elgin or by the Department of
Labor, shall be paid for each craft or type of workman needed to execute
the contract or to perform such work.
Special Notice. Pursuant to the "Affirmative Action ••- City Contracts"
provisions (copy attached) , the following information is required:
1 . Number of employees 12
• 2. Written committment to provide equal employment opportunity or copy
. of your company's current Affirmative Action Program is attached
with this bid.
.
19 GP
•
City of Elgin
' • "Affirmative Action—City Controcts"
•
•
A. The City shall not contract In an amount exceeding ten
thousand dollars with any contractor or vendor, maintain any financial
relation with any financial Institution, or use the services of any labor
organization or member thereof, which employs fifteen or more persons,
which does not first submit to the City a written commitment to provide
equal employment opportunity, ,
The written commitment required by this section shall:
I. Set out and agree to maintain specific employment or
membership practices and policies sufficient to achieve equal oppor-
tunity.
2. Set out specific gaols for participation by minority
groups and female persons qualified by or (or training or through
previous work experience. This provision will not infringe upon the
right of the employer to determine the need for or qualifications of
employees.
3. Agree to submit to the City upon request written
evidence of the effectiveness of the above required practices,
policies and goals.
4. Agree to submit to the City upon request statistical data
concerning employee composition or membership composition on
race,color, sex and job description.
ti S. Agree to distribute copies of the above commitment to
all persons who participate in recruitment, screening, referral and
selection of job applicants,prospective job applicants or members.
6. Agree to require any subcontractor to submit to the City
o written comilment which contains the provisions required by
paragraphs(I) through(5) above.
7. The written commitment required by this section may
also be satisfied by filing a copy of an offirmative action program of
the contractor/vendor which is In effect and which has been
approved by any local, state or federal agency with jurisdiction to
approve such programs.
B. All such controcts by and between the City of Elgin and
controctors and vendors for the purchase by the City of Elgin of goods
and/or services shall contain the following clauses:
"The controclor/vendor will not discriminate against any
employee or applicant for employment because of race, color,
religion, sex, ancestry, notional origin, place of birth, age, or
physical handicap which would not interfere with the efficient
performance of the job in question. The contractor/vendor will take
affirmative action to comply with the provisions of this ordinance
and will require any subcontractor to submit to the City of Elgin o
written commitment to comply with those provisions. The
contractor/vendor will distribute copies of this commitment to all
persons who participate in recruitment, screening, referral and
selection of job applicants, prospective job applicants, members or
prospective subcontractors."
' "The contractor/vendor agrees that the provisions of
Chapter 3.12 of the Elgin Municipal Code, 1976, is hereby Incor-
porated by reference,as If set out verbatim."
20 GP
ZIMMERMAN CONSTRUCTION COMPANY
11908 W. CORAL
P.O. BOX 245
HUNTLEY, ILLINOIS 60142
April 16, 1985
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
To Whom It May Concern:
Zimmerman Construction Company, 11908 W. Coral, Huntley, Illinois
hereby certify that we will provide equal opportunity employment
- per special provisions on Page 19-GP of the contract document
• .
for the National. Street Pylon Repair Bid.
Sincerely,
Matthew L. Moran
President
g@IIVE
Our present number of employees is 12.
Phone 312-669-5663 APR 17 1985
CITY OF ELGIN
ENGINEERING
Municipality
STATE OF ILLINOIS F1gin
Township
.t Elgin
•
CONTRACT BOND County
Section
National Street Bridge r
Pylon Repair
We ZIMMERMAN CONSTRUCTION COMPANY
as PRINCIPAL , and UNITED STATES FIDELITY AND
GUARANTY COMPANY
as SURETY,
are held and firmly bound unto the above Local Agency (hereafter referred to as
"LA") In the penal sum of EMIR TTTf1TTSANT1 F TJR TiTTNT1RFT) ANTi on- - —
Dollars ($ 11 ,400— — ) , lawful money of
the United States, well and truly to be paid unto said LA, for the payment of
which we bind ourselves, our heirs, executors, administrators, successors , jointly
to pay to the LA this sum under the conditions of this instrument.
WHEREAS THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that, the said Principal
has entered into a written contract with the LA acting through its awarding
authority for the construction of work on the above section, which contract is
. hereby referred to and made a part hereof, as if written herein at length, and
• whereby the said Principal has promised and agreed to perform said work in
• accordance with the terms of said contract, and has promised to pay all sums
of money due for any labor, materials, apparatus, fixtures or machinery furnished
to such Principal for the purpose of performing such work and has further agreed
to pay all direct and indirect damages to any person, firm, company, or
corporation suffered or sustained on account of the performance of such work
during the time thereof and until such work is completed and accepted; and has
further agreed that this bond shall inure to the benefit of any person, firm,
company, or corporation, to whom any money may be due from the Principal ,
subcontractor or otherwise, for any such labor, materials, apparatus, fixtures or
machinery so furnished and that suit may be maintained on such bond by any such
person, firm, company, or corporation, for the recovery of any such money.
NOW THEREFORE, if the said Principal shall well and truly perform said work in
accordance with the terms of said contract, and shall pay all sums of money due or
to become due for any labor, materials, apparatus, fixtures or machinery furnished
to him for the purpose of constructing such work, and shall commence and complete
the work within the time prescribed in said contract, and shall pay and discharge
all damages, direct and indirect, that may be suffered or sustained on account of
such work during the time of the performance thereof and until the said work shall
have been accepted, and shall hold the LA and its awarding authority harmless on
account of any such damages and shall in all respects fully and faithfully comply
with all the provisions, conditions, and requirements of said contract, then this
• obligation to be void; otherwise to remain in full force and effect.
•
BLR 5711
• (9-84)
-8-
IN TESTIMONY WHEREOF, the said PRINCIPAL and the said SURETY have caused this •
instrument to be signed by their respective officers and their corporate seals to
be hereunto affixed this 22nd day of April A.D. 19 85
• i• PRINCIPAL
ZIMMERMAN CONSTRUCTION COMPANY
(Company Name) (seal ) (Company Name) (seal)
•
By: , By:
(Signature & Title) (Signature & Title)
(If PRINCIPAL is a joint venture of two or more contractors, the company
names, seals and authorized signatures of each contractor must be affixed. )
UNITED STATES FIDELITY AND SURETY
GUARANTY COMPANY
(Name of Surety) (seal ) / s •ture Attorney-in-Fact)
14)
COUNT" "SIGNED
STATE OF ILLINOIS, Ii inois resident ag t
COUNTY OF McHenry
I , `73e7-7-T1 0- /44iZ , a Notary Public in and for said county, do
hereby certify that Matthew L. Moran and W. J. Heidkamp
(Insert names of individuals signing on behalf of PRINCIPAL & SURETY)
who are each personally known to me to be the same persons whose names are
subscribed to the foregoing instrument on behalf of PRINCIPAL and SURETY, appeared
before me this day in person and acknowledged respectively, that they signed,
sealed, and delivered said instrument as their free and voluntary act for the uses
and purposes therein set forth.
Given under my hand and notarial seal this :2 -,w1 day of ( A.D.
19Fc .
My commission expires
Nota'y Public
Approved this I - day of kaki , A.D. 19 8S'-
Attest:_ • .. _ • IA\
. .
(Awarding Authority)
• C t rY Clerk
Chairman/tlayor/President)
(Seal )
-9-
ATTORNEY-IN-FACT AFFIDAVIT
STATE OF__
COUNTY OR CITY. OF L`(JI( ss
Before me, a Notary Public, personally came_ W•J •He i d Damn
known to me, and known to be the Attorney-in-Fact of United States Fidelity and Guaranty Company, a
Maryland Corporation, which executed the attached bond as surety, who deposed and said that his signa-
ture and the corporate seal of said United States Fidelity and Guaranty Company were affixed by order
an authority of said Company's Board of Directors, and that the execution of the attached bond is the
ffge act°and deed of United States Fidelity and Guaranty Company.
Given under my hand and seal this ?2nday of A n r i 1 , 199 5 .
Notary Public.
My Commission expires � C- a i' C; _ 1:;
Jud.876 (9-57)
CERTIFIED COPY
• GENERAL POWER OF ATTORNEY
No.._., 96263
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore,in the State of Maryland, does hereby constitute and appoint
Richard Atwood, William C. Brummett, Nancy Gentile, James R. Gordon, W.J. Heidkamp, John Jackson, Paul H. Jacob, Violet F. Kilts,
John R. Marshall, Edward Matichek, Walter H. Osterkamp, Jr., Milton F.Persin,Frank Pinn, Donald J.Provenzano, Eugene A. Vilimek,
Jeanne M. Brookie, James T. Burke, Patricia L. Dullard, Robert J. Feehery, Sharon M. Pringle, Barbara A. Foy, Fredrick W. Sood,
Jr.and Diane M.Slouka
of the City of Chicago ,State of Illinois
its true and lawful attorneys
for the following purposes,to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds,and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever anyone
of the said Richard Atwood and the said William C. Brummett and the said Nancy Gentile and the said James R. Gordon and the said
W.J. Heidkamp and the said John Jackson and the said Paul H. Jacob and the said Violet F. Kilts and the said John R. Marshall
and the said Edward Matichek and the said Walter H. Osterkamp, Jr. and the said Milton F.Persin and the said Frank Pinn and the
said Donald J. Provenzano and the said Eugene A. Vilimek and the said Jeanne M. Brookie and the said James T. Burke and the said
Patricia L. Dullard and the said Robert J. Feehery and the said Sharon M.Pringle and the said Barbara A.Foy and the said Fredrick
W.Sood,Jr.and the said Diane M. Slouka
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate seal, duty attested by the signatures of its Vice President and Assistant Secretary, this 17th day of
August ,A. D. 1984
• UNITED STATES FIDELITY AND GUARANTY COMPANY.
•
(Signed) By__ John A. Huss
Vice-President.
' (SEAL)
(Signed) ^F. J. Willey
STATE OF MARYLAND, l Assistant Secretary.
f ss:
BALTIMORE CITY,
On this 17th day of August ,A.D. 19 84,before me personally came
John A. Huss , Vice-President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and F. J. Willey , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they, the said John A. Huss
and F. J. Willey were respectively the Vice-President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney;
that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was
so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President
and Assistant Secretary,respectively,of the Company.
My commission expires the first day in July,A.D. 19_8L,..
(SEAL) (Signed) Margaret M. Hurst
Notary Public.
STATE OF MARYLAND fit.
BALTIMORE CITY,•
J
I, Saundra E. Banks , Clerk of the Circuit Court for Baltimore City, which Court is a
• Court of Record, and has a seal, do hereby certify that Margaret M. Hurst , Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
✓ acknowledgment, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary,and verily believe the signature to be his genuine signature.
In Testimony Whereof, I hereto set my hand and affix the seal of the Circuit Court for Baltimore City, the same being a Court
of Record,this 17th day of August , A. D. 1984
(SEAL) (Signed) Saundra E. Banks
Clerk of the Circuit Court of Baltimore City.
FS 3 (1.53) •"'"'v
lit..
COPY OF RESOLUTION
That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it and in its name in States other than Maryland,and in the Territories of the United States and in the Provinces
and territories of Canada;
Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice-
Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons
as attorney or attorneys-in-fact,or agent or agents of said Company, in its name and as its act,to execute and deliver any and all contracts
guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than
insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law
allowed,and
Also, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all
bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or
territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board,body,organization,office or officer,
local, municipal or otherwise, be allowed, required or permitted to be executed,made,taken, given, tendered, accepted, filed or recorded
for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or
organization whatsoever, in any and all capacities whatsoever,conditioned for the doing or not doing of anything or any conditions which
may be provided for in any such bond,recognizance,obligation, stipulation, or undertaking,or anything in the nature of either of the same.
I, Michael P. Hammond , an Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given
by said Company to
Richard Atwood,William C.Brummett,Nancy Gentile,James R. Gordon,W.J.Heidkamp, John Jackson, Paul H. Jacob, Violet F. Kilts,
John R. Marshall, Edward Matichek, Walter H. Osterkamp, Jr., Milton F.Persin,Frank Pinn, Donald J. Provenzano,Eugene A.Vilimek,
Jeanne M. Brookie, James T. Burke, Patricia L. Dullard, Robert J. Feehery, Sharon M. Pringle, Barbara A. Foy, Fredrick W. Sood,
Jr. and Diane M.Slouka
of Chicago, Illinois , authorizing and empowering them to sign bonds as therein set
forth, which power of attorney has never been revoked and is still in full force and effect.
' And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the
a Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of
November, 1981, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of
said resolution,and the whole thereof as recorded in the minutes of said meeting.
In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY
COMPANY on April 22 ,1985
(Date)
Ae ej
Assistant Secretary.
v , , v r
Certificate of Insurance
- crO(o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
NAME AND ADDRESS OF AGENCY
W McManus & Pellouchoud, Inc. COMPANIES AFFORDING COVERAGES
y-i 41 West Jackson Blvd. COMPANY A
Chicago, Illinois 60604 LETTER Bituminous Casualt Cor•oration
I
" COMPANY B
LETTER v
r k NAME AND ADDRESS OF INSURED /�
COMPANY i _
Zimmerman Construction Company LITTER V
.. 11908 West Corel Street COMPANY D
"" Huntley, IL. 60142 LETTER
COMPANY E
LETTER
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. 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 of Liabili in Thousands 000)
COMPANY TYPE OF INSURANCE POLICY NUMBER POLICY EACH
LETTER EXPIRATION DATE OCCURRENCE AGGREGATE
GENERAL LIABILITY BODILY INJURY $ 500, $ 500,
",,,I,,.; A ®COMPREHENSIVE FORM
®PREMISES—OPERATIONS MP 1 919 072 6/10/84-85 PROPERTY DAMAGE $ 500, $ 500,
®EXPLOSION AND COLLAPSE
HAZARD
®UNDERGROUND HAZARD
Q PRODUCTS/COMPLETED
OPERATIONS HAZARD BODILY INJURY AND
®CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $
11BROAD FORM PROPERTY COMBINED
DAMAGE
® INDEPENDENT CONTRACTORS
® PERSONAL INJURY
��` PERSONAL INJURY $
T AUTOMOBILE LIABILITY BAD LCH PERSON)4. $
A I ® COMPREHENSIVE FORM BA 1 348 892 6/10/84-85 BODILY INJURY S
I- ®OWNED (EACH ACCIDENT)
„+ K` ® HIED R
PROPERTY DAMAGE $
E, BODILY INJURY AND0
® NON-OWNED PROPERTY DAMAGE E SO,
"':, COMBINED
EXCESS LIABILITY
*Fn r
BODILY INJURY AND
E1 UMBRELLA f UMBRELLA FORM UL 1 479 879 6/10/84-85 2,000
W,':"`': PROPERTY DAMAGE f
,�r,:. ❑ OTHER THAN UMBRELLA COMBINED
FORM
A WORKERS'COMPENSATION STATUTORY
+ : and WC 1 052459 6/10/84-85 $ 500
', EMPLOYERS'LIABILITY
_iy.,.. ___ (EACH ACCIDENT)
OTHER
111111 f
',41( DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES
" Job: National Street Bridge Pylon Repair
:4„,,,.tt''' Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail 1 fl days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
-Zit.
NAME AND ADDRESS OF CERTIFICATE HOLDER
DATE ISSUED: 5 1 85
4 City of Elgin, Illinois
::is"A / 41P
:"'.ii5 i 1 i
AUTHORIZED REPRESENT•TIVE
', ACORD 25(1-79)