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86-0922 Parkway Tree Planting Program r CITY OF ELGIil CONTRACT ir1911. THIS AGREEMENT,made and concluded theaday of C'� �ir»ti-el--- 1913k, ,between the City of F.1 gi n acting by and through its City Council known as the party of the first part,and his/their executors,administrators,successors or assigns,known as the party of the second part. 2. WITNESSETH: That fur and in consideration of the payments and agreements mentioned in the Proposal hereto attached, to 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,Specification,Proposal and Contract Bond hereto attached, and the Plans for the Parkway Tree Planting Program approved by the City Engineer , 191L,are all essential documents of this contract and are a part hereof. 4. IN WITNESS WHEREOF,The said parties have executed these presents on the date above mentioned. Attest: XThe _ i 1 .y LL 'fA ei 7'/ Clerk By 4 . i .:/1M / *y • he First Part (Seal) (If a Corporation) Attest: ��nn ^ pp Corporate/Name �Klehm Brothers Company gA.\--W)3 - I( Wt�/ By `-u�X Alin _ Secretary President Party of the Second Part (if a Co-Partnership) (Seal) (Corporate Seal) (Seal) (Seal) Partners doing Business under the firm name of Party of the Second Part (If an Individual) (Seal) Party of the Second Part „EXECUTED IN FIVE COUNTERPARTS Bond #99339$2 Municipality STATE OF ILLINOIS City of Elgin Township CONTRACT BOND °unty Cook & Kane Section We City of Elgin KLEHM BROTHERS COMPANY • as PRINCIPAL, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND q�enc� (� as SURETY, are held and firmly bound SEVENTY S b e Local S1 x tiuNliRere fED lterE fe �e / O __ "LA") in the penal sum of VE Dollars EN 7b,b1b.UO r, 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) ` A 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 10th day of September A.D. 19 86 PRINCIPAL KLEHM BROTHERS COMPANY (Company Name) (seal) (Company Name) (seal) By: `� By: gnature--&-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 FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: �� • (Name of Surety) (seal ) ignature of Attorney"- act Theodore C. Sevier, Jr. STATE OF ILLINOIS, COUNTY OF I , , a Notary Public in and for said county, do hereby certify that (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 day of A.D. 19 . My commission expires Notary Public Approved this 0/02 /jal day of ,ep Ler' , A.D. 19S Attest: )( ` l etry (Awardi uthority) Clerk l; I 4-6Ei2 (Chairman/Mayor/President) (Seal ) ACKNOWLEDGEMENT OF SURETY STATE OF ILLINOIS COUNTY‘OF COOK On this 10th day of September , 1986 , before me personally appeared Theodore C. Sevier, Jr. , known to me to be the Attorney-in Fact of Fidelity and Deposit Company of Maryland , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. PHYLLIS VALT IN WITNESS WHEREO1,iVotia Wlich�� sit • y hand and affixed my official seal, at my , oc �i►My, ffice in the afotesm4c9FARstibtlEtxlimitday and year in this certificate first above written. June 15, 1988 Notary ublic Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland, by C. M. PECOT, JR. ,Vice-President, and C. W. ROBBINS Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which reads as follows: "The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings, recognizances, stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." does hereby nominate constitute and appoint Michael Segal, Theodore C. Sevier, Jr. and Robert K. Miller, all of Chicago, Illinois, EACH I s rue an. aw ul agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings • n. e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. • This power of attorney revokes that issued on behalf of Michael Segal and Robert E. Kappus, dated, January 23, 1984. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 11th day of August , A.D. 198fi..... J .a°os,,. FIDELITY AND DEPOSIT COMPANY OF MARYLAND ci ATTEST: ' SEAL ti Mai ws rBy Assistant Secretary Vice-President STATE OF MARYLAND CITY OF BALTIMORE ` SS: On this 11th day of August ,A.D. 1986 ,before the subscriber,a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed by Official Seal,at the City of Baltimore,the day and year first above written. J.J- ' o; 114;:c4 : -- Notary Public Commission p' July 1 1990 pvsuc ±f `�•• f CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July,1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed.' 10th IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this day of September 1986 L1428.—Cir.-036-0688 • AssistantSecr • FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK CITY OF ELGIN PARKWAY TREE PLANTING PROGRAM NOTICE TO CONTRACTORS TIME AND PLACE OF OPENING BIDS Sealed proposals for the planting of trees as described below and in the Specifications will be received at the office of the Purchasing Agent, 150 Dexter Court, Elgin, Illinois 60120-5555 until 11:00 a.m. O'Clock, August 21, 1986, at which time they will be publicly opened and read. DESCRIPTION OF WORK The work will include the planting of trees along major arterial streets and at various other residential locations in the City in the autumn of each of three years, 1986, 1987 and 1988. BIDDERS INSTRUCTIONS The specifications and proposal forms are available in the office of the Purchasing Agent, 150 Dexter Court, Elgin, Illinois 60120-5555. All proposals must be accompanied by a certified check, a cashier's check or a bid bond in an amount not less than ten percent (10%) of the amount of the bid, payable to the City of Elgin. The City of Elgin reserves the right to waive technicalities and to reject any or all proposals. By The City of Elgin CITY OF ELGIN PARKWAY TREE PLANTING SPECIFICATIONS 1. SCOPE OF WORK It is the intent of the City of Elgin to award a contract for the planting of trees in the public right-of-way at various locations for the following periods: autumn 1986, autumn 1987 and autumn 1988. The purpose of the multi-year program is to provide for the availability and proper planting of trees at a most reasonable cost. This program is persuant to the Illinois Revised Statue. 2. QUANTITY OF TREES The minimum quantity of trees to be purchased by the City for each year is listed in the proposal and total 97 in 1986, 90 in 1987 and 90 in 1988. However, the quantity for each variety and caliper may change depending on the requests received, but the total minimum number for each year will not change. The quantity for each year could be greater then the minimum. At the request of the City, the contractor agrees to plant additional trees beyond the minimum quantity up to 150% of quantity listed for any year. Such additional trees shall be furnished and planted at the prices listed in the proposal. To assist the contractor in managing personnel and equipment resources, the City will indicate the quantity of trees to be purchased in each year by variety and caliper by the 1st of October of each year covered by this agreement, and earlier, if possible. 3. TIME OF COMPLETION The contractor shall prosecute the work in such a manner to ensure completion by November 15 of each year. The contractor will notify the City Engineering Division when the planting operations will begin. Once the operations begin, the contractor will work each successive work day until all the trees included in the contract are planted, weather permitting. 4. GENERAL CONDITIONS a. Job Site: Tree Planting along major arterial streets and at other residential locations in Elgin, Illinois. b. Bid Security: The bidder shall accompany his proposal with a certified check, a cashier's check, or a bid bond in an amount not less than ten percent (10%) of the amount of the bid, payable without condition to the City of Elgin, IL, which shall be forfeited in the event the successful bidder fails to enter into a binding contract within fifteen (15) days after the contract has been awarded to him. c. Performance Bond: The successful bidder, at the time of the execution of the contract, shall deposit with the City a surety bond for the full amount of the contract. The form of the bond and the surety shall be acceptable to the City. The backfill mixture, as previously mentioned, shall be worked around the root ball or roots and lightly tamped to eliminate air pockets. The plant shall be watered when the hole is two-thirds full of soil mix. Watering shall be done at a slow rate. Watering shall continue until all the backfill is in a thoroughly saturated condition. At his point, the plant shall be straightened before continuing backfill operation. Any wire, twine, nails, etc. , around the trunk of the plant shall be removed completely. The burlap on the ball shall be laid back from the top of ball and any excess burlap and ties shall be cut off and removed from the planting hole. After planting, a 6 inch high saucer slightly larger than the hole shall be formed with a ridge of soil to facilitate watering. Staking and wrapping of trees shall be done immediately after they are planted. Plants shall stand plumb after staking has been done as indicated on the drawings. The trunks of all deciduous trees shall be wrapped spirally from bottom to top, and shall be securely tied with cord at top and bottom and at two foot intervals along the trunk. The wrapping shall overlap and entirely cover the trunk from the ground to the height of the second branches and shall be neat and snug. Over lap of wrapping material shall be approximately two inches. Trunks shall be inspected for injury, evidence of insect infestation, improper pruning, and shall be sprayed with lindane before wrapping. The following conditions shall be adhered to by the successful bidder: a. All plants shall: 1. be true to type and name; 2. typical of their species or variety; 3. have a normal well developed branch structure; L . be free from defects, disfiguring knots, sun scald, injuries, abrasions of the bark, plant diseases, insect eggs, borers, and all forms of infestations; and 5. possess a normal balance between height and spread. b. All plants shall be nursery grown and at least twice transplanted and shall have been growing under similar climatic conditions as the location of this project for at least two years prior to the contract date. All plants shall be freshly dug. All plants shall be tagged as to species. c. Plant material shall be guaranteed for one year from date of acceptance by the City. This work will be paid for at the contract unit price per each tree, complete in place. 6. SHREDDED BACK MULCH, 3" This work shall consist of the furnishing and placing of a shredded bark mulch material to a uniform depth of three (3) inches in the planting area after all plant materials are planted. The material shall consist of either a mixed hardwood species or pine. Sixty percent of the shredded bark particles shall range between one and three inches in length and the remaining forty percent shall be less than one inch in length. The maximum width of the particles shall not exceed one and one-half inches. -3- This vork will not be paid for separately, but shall be considered as incidental to the contract. 7. PROTECTION AND RESTORATION OF PROPERTY The contractor shall take all necessary precautions for the protection of public and private property. 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 not 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 condition equal to that existing prior to such damage or injury 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 City may, after the expiration of a period of 72 hours after giving him notice in writing, proceed to repair, rebuild or otherwise restore such property as may be deemed necessary and, in addition to any other remedy, the cost thereof shall be deducted from any compensation due, or which may become due, under the contract. -4- City of Elgin "Affirmative Action—City Contracts" 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 goals for participation by minority groups and female persons qualified by or for 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. 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 comitment which contains the provisions required by paragraphs(I)through(S)above. 7. The written commitment required by this section may also be satisfied by filing a copy of an affirmative 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 contracts by and between the City of Elgin and contractors and vendors for the purchase by the City of Elgin of goods and/or services shall contain the following clauses: 'The contractor/vendor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national 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 a 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." • . 1/2" I.D. REINFORCED RUBBER HOSE NO. 9 WIRE-2 PER TREE TREE WRAP MINIMUM-EQUAL SPACED 2"x 2" STAKES 1 1,/ / C ..>>"1 , 3"SHREDDED BARK MULCH �..A-ii.r- _ -co f .,,�....+nrn' roavuillr �� n..., ���j� —� , A' ���" llllnem�°nm anUlllllll 4 gl\\.... , rr /lr r111plfl us,llq,, 11' ,,,/; 44. 1.-O MIN. �l7UI ` ��?�, ►�+��� ?� 6" MIN. k EXISTING SUBGRADE IIILft P _wa -TOPSOIL ( SPECIAL) TREE PLANTING DETAIL SHRUB PLANTING DETAIL NO SCALE NO SCALE 5 CITY OF ELGIN PARKWAI TREE PLANTING PROGRAM PROPOSAL 1. Proposal of Klehm Brothers Company for the planting of trees along major arterial streets and at various other residential locations in the City in the autumn of each of three years, 1986, 1987 and 1983. 2. The contractor will be provided with a list of the locations and varieties where the trees are to be planted as soon as possible prior to October 1, 1986. 3. The specifications referred to herein are those prepared by the City of Elgin and designated as "Specifications". 4. The undersigned agrees to accept, as part of the contract, the Notice to Contractors and the Specifications and the tree planting detail attached thereto contained in this proposal. 5. Accompanying this proposal is either a bid bond or a proposal guarantee check complying with the specifications, made payable to the City of Elgin. The amount of the Check is Seven Thousand Six Hundred Sixty One Dollar$$ 7.616.60 ) • and 60/100-- If 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 suffered 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 d . Tr fiixdiXiWa } iWiysiMiiaa 6. 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) Imo Amite UNIT PRICES AMOUNTS No. Quonb e, Dollars I Croft Dollars Ces I The following are proposed to be planted during autumn, 1986: 1. "Autum Purple" White Ash 21" 6 Ea. 249 00 1494 00 (Fraxinus americana) 3" 10 Ea. 299 00 2990 00 2. "Skyline" Hon?y Locust 21 " 6 Ea. 249 00 1494 00 (Gleditsia, triancanthos 3" 10 Ea. 299 00 2990 00 inermi s) 3. "Emerald Queen" Norway 212" 6 Ea. 199 00 1194 00 Maple 3" 20 Ea. 269 00 5380 00 (Acer platanoides, var, k. 1Emerald Queen) Scarlet Oak 21" * 6 Ea. 249 00 1494 00 I (Quercus coccinea) 3" * 12 Ea. 299 00 3588 00 5. Bradford Pear 212" 6 Ea. 249 00 1494 00 (Pyrus calleryana) 3" 15 Ea, 299 00 4485 00 The following are proposed to be plarted during autumn, 1987: 6. Little Leaf Lindon 21" 6 Ea. 249 00 1494 00 (Tilla cordata) 3" 10 Ea. 299 00 2990 00 7. "Crimson King" Norway 21 " * 6 Ea. 269 ' 00 1614 00 Maple 3" * 10 Ea. 319 00 3190 00 (Acer platanoides, var. 1 Crimson King) *RECOMMEND SPRING INSTALLATION i - 1 l f Carried Forward 35,891 100 • CITY OF ELGIN SCHEDULE OF PRICES (For complete information covering these items, see plans and specifications) 1 Appsommata UNIT PRICES 1lnllan Cents ANOINTS Item ITEMS QuantitiesDalian Cents No. Brought Forward , 8. Bradford Pear 212" 6 Ea. 249 00 1494 00 (Pyrus calleryana) 3" 10 Ea. 299 00 2990 00 9. "Skyline" Honey Locust 212" 6 Ea. 249 00 1494 00 (Gleditsia triacanthos 3" 15 Ea. 299 00 4485 00 inermis) 10. "Marshall Seedless" Green 212" 6 Ea. 199 00 1194 00 Ash 3" 15 Ea. 269 00 4035 00 (Fraxinus pennsylvanica lanceolata, var. Marshall Seedless) The following are proposed to be planted during autumn, 1988: 11. "Red Sunset" Red Maple 21" * 6 Ea. 269 00 1614 00 (Acer rubrum) 3" * 10 Ea. 319 00 3190 00 12. Ginkgo 212" * 3 Ea. 269 00 807 00 (Ginkgo biloba-Male only) 3" * 10 Ea. 319 00 3190 00 13. Little Leaf Linden 212" 6 Ea. 249 00 1494 00 (Tills cordata) 3" 10 Ea. 299 00 2990 00 11.4. "Emerald Queen" Norway Maple 212" 6 Ea. 229 00 1374 00 (Acer platanoides, var. 3" 15 Ea. 279 00 4185 00 Emerald Queen) 15. "Skyline" Honey Locust 21 " 6 Ea. 259 00 1554 00 (Gleditsia triacanthos 3" 15 Ea. 309 00 4635 00 inermis) * rECOMMEND SPRING I VSTALLATION Bidder's Proposal for making Entire Improvements. 76,616 00 (If an individual) Signature of Bidder........... ..... ..._ ............... ...--(SEAL) Business Address .... ... (If a co-partnership) Firm Name (SEAL) Signed by ... w (SEAL) Business Address .... ... Insert Names and Addresses of All Members of the Firm (If a corporation) Corporate Name KlehmBrothers Company Signed ByI.1�-��----�— President. Business Address R.R. #5, Box 197, Barrington, IL 60010 (Corporate Seal) Insert President Carl H. Klehm Names of Secretary Roy G. Klehm Officers Treasurer Roy G. Klehm Attest f l -l',‘,‘.1`-' Secretary • - Bond No Fidelityand Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we,.. KLEHM BROTHERS COMPANY R.R. #5, Box 197 Barrington, Illinois 60010 , as Principal, (hereinafter called the "Principal"), and the FIDELITY AND Ui:ho:.I'r COMPANY OF l'VIARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Elgin, Illinois as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF AMOUNT BID Dollars ($10% -� for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Parkway Tree Plantings NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 21st day of Auctust A.D. 19 86 KLEHM BROTHERS COMPANY (SEAL) / r Principal IVitncss By: Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety IBy.. (SEAL) Witness Robert K. Mil r, Lille Attorney-In-Fact ('325d—ISOM. Approved by The American Institute of Architects. A.I.A. Document No.A-310 February 1970 Edition. ACKNOWLEDGEMENT OF SURETY STATE OF ILLINOIS COUNTY OF COOK On this 21st day of August 1986 , before me personally appeared Robert K. Miller , known to me to be the Attorney-in Fact of Fidelity and Deposit Company of Maryland , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and in this certificate first above written. PH YL LIS VALT Notary P,. •ok County, III. MY C.n.t ,W EXPIRES Notary Public June 15, 1988 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland, by C. M. PECOT, JR. , Vice-President,and C. W. ROBBINS Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which reads as follows: "The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings,recognizances, stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." does hereby nominate constitute and appoint Michael Segal, Theodore C. Sevier, Jr. and Robert K. Miller, all of Chicago, Illinois, EACH I s rue an. aw u agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings ' - • e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Michael Segal and Robert E. Kappus, dated, January 23, 1984. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 11th day of August , A.D. 19.$6 .�DePost. FIDELITY AND DEPOSIT COMPANY OF MARYLAND '•• ° ATTEST: 'y SEAL� e cs.^ fit, - , (7441.a-e.By Assistant Secretary Vice-President STATE OF MARYLAND CITY OF BALTIMORE ` SS: On this 11th day of August ,A.D. 19 86 ,before the subscriber,a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,tome personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and aaith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed by Official Seal,at the City of Baltimore,the day and year first above written. Notary Public Qommission p' July , 1990 k CERTIFICATE I, the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any Bower of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this 21st day of August , 19 86 L142&—ut.-036-0688 Assistant Seer FOR YOUR PROTI:C'"l'ION 1.00K FOR TI F&I) \VXI'ER\IARK August 22, 1986 MEMORANDUM TO: Mayor and Members of the City Council FROM: City Manager SUBJECT: Multi-Year Tree Planting Program PURPOSE: This memorandum will provide the Mayor and Council with information to discuss the possible award of a contract for the planting of trees over a three year period. BACKGROUND: The City Council authorized the staff at the Committee of the Whole Meeting on March 24, 1986 to develop a multi-year tree planting program. On May 12, 1986, the City Council , by resolution, authorized the participatory tree planting program wherein the property owner and the City share the cost of plant- ing trees in the parkway. We had prepared a proposal and specifications for planting trees over a three year period. We advertised the proposal with bids to be opened at 11 :00 a.m. on Thursday, August 21 , 1986. Three bids were received. Two of the bidders submitted a proposal covering the three years, the other submitted a proposal covering only 1986. FINANCIAL IMPACT: We have budgeted in 1986 $30,000 in the Capital Improvement Fund and $10,000 in the Streets Division for the tree program. A contract in the amount of approximately $4,000 was awarded by the City Council on August 11 , 1986 for stump removal . This leaves a balance of about $26,000 in the Capital Improvement Fund, for a total of $36,000 of City funds available for the tree program. Should we receive requests from Elgin residents matching the $10,000, we would have $46,000 available. Klehm Brothers Company of Barrington is the low bidder. This firm has been in business for many years and have done work for us in the past and our experience has been good. Attached is a copy of the tabulation of bids. We will have in the Elgin Spirit an application for residents to use in request- ing a tree to be planted in their parkway. We gave them an estimated cost to them of $200 per tree. We also stated that we would publish in the Courier News in September the exact amount each variety of tree would cost them, recognizing that the City would pay an equal amount per each tree. RECOMMENDATION: It is recommended that the City Council award Klehm Brothers Company the contract for the planting of trees over a three year period. We have in the specifications a provision which allows the City to increase the number of trees to be planted by 150% of the number listed, if so requested by the City. It is also recommended that the City Council authorize the staff to plant additional trees with Mayor and Members of the City Council August 22, 1986 Page 2 of 2 RECOMMENDATION (Con't) : the amount not to exceed the amount remaining in the budget, plus the amount contributed by Elgin residents. Klehm Brothers have recommended that some varieties of trees be planted in the spring. We would also request City Council authorization to plant those particular trees in the spring, should we r-ceive a request for them. .J I / ty Manager MAD:do Page 1 of 2 Name and Address Klehm Bros. Co. ProficiencyLandscape Contract.,Is Job Parkway Tree PLartng p*ngram of R.R. #5, Box 197 Landscaping of Illinois, Inc. ' nBidders Barrington, IL 253 N. Porter St. 31W060 W. Bartlett d. Seltion - 60010 Flgtn, TI 60120 ' , Specification No. - Engineer's Estimate Date of Opening August 21 1996. 11:00 A_M_ PUBLIC WORKS DEPARTMENT $76,616.00 $26,756.10 $85,450.00 Item Unit Unit Unit Unit Unit No. Items Unit Quantity Price Total Price Total Price Total Price Total Price Total The following are proposed to be planted during autumn, 19861 1. "Autumn Purple" White Ash 21' Ea. 6 249.00 1,494.0( 355.00 2,130.00 240.00 1,440.01 (Fraxinus americana) 3' Ea. 10 299.00 2,990.0( 265.00 2,650.00 350.00 3,500.01 2. "Skyline" Honey Locust 21' Ea. 6 249.00 1,494.0( 209.00 1,254.00 240.00 1,440.0' (Gleditsia, triancanthos 3' Ea. 10 299.00 2,990.0( 312.30 3,123.00 290.00 2,900.01 inermis) 3. "Emerald Queen" Norway 21' Ea. 6 199.00 1,194.0( 209.00 1,254.00 240.00 1,440.01 Maple 3' Ea. 20 269.00 5,380.0( 229.00 4,580.00 310.00 6,200.0 (Acer platanoides, var. Emerald Queen) 4. Scarlet Oak 21' Ea. * 6 249.00 1,494.0( 313.60 1,881.60 350.00 2,100.11 (Quercus coccinea 3' Ea. * 12 299.00 3,588.0( 337.75 4,053.00 410.00 4,920.0' . 5. Bradford Pear ' 21' Ea. 6 249.00 1,494.0( 215.00 1,290.00 240.00 1,440.0' (Pyrus calleryana) 3' Ea. 15 299.00 4,485.0( 302.70 4,540.50 370.00 5,550.00 Total - 26,603.0C 26,756.10 30,930.0' The following are proposed to be planted during autumn 19877 6. Little Leaf Lindon 21' Ea. 6 249.0C 1,494.00 250.00 1,500.01 (Tills cordata) 3' Ea. 10 299.00 2,990.00 NO BID 310.00 3,100.01 7. "Crimson King" Norway 21' Ea. * 6 269.0( 1,614.00 250.00 1,500.01 Maple 3" Ea. * 10 319.0( 3,190.00, 310.00 3,100.0( (Acer platanoides, var. 1 Crimson King) 8. Bradford Pear 21' Ea. 6 249.0C 1,494.00 NO BID 250.00 1,500.01 (Pyrus calleryana) 3' Ea. 10 299.0( 2,990.00 380.00 3,800.01 Page 2 of 2 . Name and Address Klehm Bros. Co. Proficiency Land- Landscape Contractors s Job �D�erkwsy Tree Plnnting Program of scapi Bidders , Seition - , Specification No. - Engineer's Estimate Data of Opening August 21_ 1986; 11:00 A.M. PUBLIC WORKS DEPARTMENT Item Unit Unit Unit Onit Unit No. Items Unit Quantity Price Total Price Total Price Total Price Total Price Total 1 9. "Skyline" Honey Locust 21" Ea. 6 249.0C 1,494.00 250.00 1,500.00 (Gleditsia triacanthos 3" Ea. 15 299.0C 4,485.00 NO BID 310.00 4,650.00 inermis) 10. "Marshall Seedless" Green 2/" Ea. 6 199.0C 1,194.00 NO BID 240.00 1,440.00 Ash 3" Ea. 15 269.0( 4,035.00 300.00 4,500.00 (Fraxinus pennsylvanica lanceolata, var. Marshall Seedless) Total- 24,980.00 26,590.00 The following are proposed to be planted during autumn, 1988 11. "Red Sunset" Red Maple 21" Ea. * 6 269.00 1,614.00 260.00 1,560.00 (Acer rubrum) 3" Ea. * 10 319.00 3,190.00 350.00 3,500.00 12. Ginkgo 21" Ea. * 3 269.00 807.00 330.00 990.01 (Ginkgo biloba-Male only) 3" Ea. * 10 319.00 3,190.00 NO BID 400.00 4,000.00 13. Little leaf Linden 21" Ea. 6 249.00 1,494.00 260.00 1,560.00 (Tills cordata) 3" Ea. 10 299.00 2,990.00 330.00 3,300.00 14. "Emerald Queen" Norway 21" Ea. 6 229.00 1,374.00 260.00 1,560.0( Maple (Acer platanoides) 3' Ea. 15 279.00 4,185.00 330.00 4,950.00 15. "Skyline" Honey Locust 21' Ea. 6 259.00 1,554.00 NO BID 260.00 1,560.00 (Gleditsia triacanthos 3' Ea. 15 309.0e 4,635.00 330.00 4,950.0( inermis) 1 Total - 25,033 27,930.0( * RECOMMEND SPRING INS7*LLATION y TREE PROGRAM VARIETIES AVAILABLE: "Autumn Purple" White Ash (60-80' maturity) Seedless variety, tolerant of most soil conditions, and well liked for deep Mahogany color in fall . "Skyline" Honeylocust (40-50' maturity) Offers light shade, tolerant of most soil and drainage conditions. Has small dark green leaves that turn yellow in fall. "Emerald Queen" Norway Maple (40-60' maturity) Fast, upright growth, well branched. Glossy leaves turn yellow in fall . Scarlet Oak (75' maturity) Relatively fast grower. Best known for its very brilliant red autumn color. Widely planted as a park and street tree. Bradford Pear (35-40' maturity) Highly recommended. White spring flowers. Dark, lustrous summer foliage turns yellow to dark purple in fall . Leaves stay on till late fall . Upright symmetrical branches develop into broad based oval shape. CONDITIONS FOR PLANTING: Parkway trees must be equidistant from the curb and sidewalk, at least 50 feet from any other parkway tree, at least 10 feet from a driveway, and 45 feet from an intersection, to keep sight lines clear for safety. You may select the location for your tree, but city personnel will check to make sure it conforms to required guide lines and will not interfere with underground utility systems. Only one tree shall be eligible for participation. The tree to be planted will be 2i-inch diameter and about 8 to 12 feet tall of the variety ordered.