86-1103 Tyler Creek Larson Landscape Jr$ 4
CONTRACT
1. THIS AGREEMENT, made and concluded the day of tV p 12
1971o,betweenthe City of Elgin
acting by and through its City Manager known as the party of the first part,and
LARSOP LAI"DSCAPE CC . his/their executors,administrators,successors
or assigns, known as the party of the second part.
2. WITNESSETH: That for 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 , in Kane County
approved by the City Engineer of the State of Illinois October 10,
19 ,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. I
Attest: )( The 6/N
i yd.
tL;r4tjtil
Of Clerk By /k
/ P •t the First Part
(Seal) (If a Corporation)
Attest: Corporate Name
By
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 dividual)
jtj1(� (Seal)
art t the Second P t
Larson Landscape Co .
9 Mary Lane BLR 5710
Gilberts , I1 . 60t36 (4-84)
SPECIFICATION, PLAN & DOCUMENTS
FOR
TYLER CREEK LANDSCAPING
Prepared By
Engineering Division
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
NOTICE TO BIDDERS
Sealed bids will be received by the Purchasing Agent of the City of Elgin, Illinois,
until 11 :00 O'Clock A.M. , C.D.S.T. , October 21 , 1986 for the Tyler Creek Landscaping
project and at that time opened and read in the Council Conference Room at the City
Hall , 150 Dexter Court, Elgin, Illinois 60120-5555.
The work shall include 2 White Pine, 1 Red Maple, 14 Blackhawk Viburnum, 14 Arrow-
wood Viburnum, 23 Red Twig Dogwood, 2 Indian Summer Crabapple, 14 cut-Leaf Summac,
200 Day Lillies (Red & Yellow) Gallon, 200 Siberian Iris (Gallon) , 50 Shasta Daisey
(Gallon) , 1600 Virginia Creeper (2" plugs) , 25 C.Y. Topsoil , 70 L.F. Split Rail
Fence and all other materials and labor necessary to install this landscaping in
accordance with the plans and specifications.
All proposals must be accompanied by a Certified or Cashier's Check or Bank Draft
in an amount equal to at least five (5) percent of the bid, payable without condition
to the City of Elgin, Illinois, which sum shall be forfeited in case the successful
bidder fails to enter into a binding contract and provide properly executed contract
surety bond within ten (10) days after the date the contract has been awarded to him.
Bid Bonds will be acceptable.
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 this contract.
Proposal 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 resubmitted at the same
letting.
Each bidder shall satisfy the City as to his ability, financial and otherwise, to
carry out the work.
The right is reserved to reject any or all bids or to waive technicalities and any
informality in any bid.
Copies of the plans, specifications, proposal and contract forms may be obtained
from the Purchasing Agent, 150 Dexter Court, Elgin, Illinois.
Dated 9th day of October, 1986.
Michael A. Sarro
Purchasing Agent
City of Elgin
TYLER CREEK LANDSCAPING
Special Provisions
1 . GENERAL: This work shall be performed in accordance with the Specifications
for Road and Bridge Construction in the State of Illinois most recent
edition.
2. PLANTING MATERIAL: The planting material specified shall be planted in a
manner consistent with accepted practices. Trees shall be staked and tied
to assure straight growth after planting. All planting material shall be
as supplied by Natural Gardens, 38W443 Highway 64, St. Charles, IL and
Klehm Nursery, Route 5 Box 197, South Barrington, IL, or approved equal .
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 authorised 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 for the 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 special provisions, 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
requirements 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 ,
inviting 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 , contract
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
proposal form indicated on the plans, and covered in the specifications
and contract, and authorized alterations, extensions and deductions,
including 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
attached to the proposal shall be considered a part therof, 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
conditions 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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r.
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 and 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 cerfified check for not less than five (5) 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. A bid bond shall also be considered as acceptable security.
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
envelope 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
showing 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
performing 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
investigations which it may elect to make.
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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 responsibility
of bidders.
If a contract is not awarded within sixtey (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 Guaranty. 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 two lowest bidders 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 acceptalbe manner. He shall furnish all required materials, equip-
ment, tools, labor and incidentials, unless otherwise provided in the
contract, 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
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 considered
as a waiver of any condition of the contract nor to invalidate
any of the provisions thereof. A supplemental agreement between 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 , flasework, 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 blean 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 questions
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, acceptable 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 materials furnished, and his
decision and estimate shall be final . His estimate shall be a condition
precedent to the right of the Contractor 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 therof 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)
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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 Specifications, Plans, Proposal , and Special Provisions.
The specifications , the accompanying plans, the proposal , and all 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 requried 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 acutal cost of such labor, acutal 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 own 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.
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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 any way 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.
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,
7.2 Workmen's Compensation Insurance. The Contractor shall maintain
insurance covering Workmen'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
specification. Failure to 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
considered 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,
material or process covered by letters 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 Opened 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 property must 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-
tions of the State of local health departments , and shall take preacu-
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 own expense such temporary roads
and approaches as may be 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.
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(Continued)
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.
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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-exectuion 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 48 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 Opening of Section of Roadway to Traffic. The work under construction
shall not be opened to traffic until 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.
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7.14 Contractors Responsiblity for Work. The work shall be under the
charge and care of the Contractor 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 therby, 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 recongnized 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.
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8.4 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 obstruted 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 required by the Engineer. The Engineer may order the
removal of any unsatisfactory equipment and require its replacement
with equipment meeting his approval at the Contractor' s expense. The
measure of capacity and efficiency of equipment shall be its actual
performance on the 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
specified 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.
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8.8 Failure to Complete Work on Time. Should the Contractor fail to
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-
mant 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 an 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.
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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 part of the finished work, to
which shall be added fifteen (15) percent of the sum thereof.
The Contractor will be reimbursed 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. The amount 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 extra work 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 amount cover-
ing all items of work incurred prior to the 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 be required.
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 Department,
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 privilages 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
2. Written committment to provide equal employment opportunity or copy
of your company' s current Affirmative Action Program is attached
with this bid.
SECTION 10. 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 or-
ganization 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 :
1. Set out and agree to maintain specific employment or membership
practices and policies sufficient to achieve equal opportunity.
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, six, and job description.
5. 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.
19 GP
6. Agree to require any subcontractor to submit to the City
a written commitment which contains the provisions required by paragraph
(1) through (5) 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 pro-
visions 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 incorporated by reference,
as if set out verbatim."
/1
ee/1-" de7740 / -af- 06//
/ � 4
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,
Municipality
City of LiQin
Township •
PROPOSAL County
Section
1. Proposal of LARSON LANDSCAPE CO .
9 Mary Lane , Gilberts ,I1 . 60136
for the improvement of the above section by the construction
of the Landsca.in' at T ler Creek as shown on the attaci- 4 4 . , ' ii . 44
in the list of quantities
2. The plans for the proposed work are those prepared by Rale C . Larson
(owner) LARSON LANDSCADE CO.
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
Special Provisions indicated on the "Check Sheet for Supplemental Specifications
and Special Provisions" contained in this proposal .
5. The undersigned agrees to complete the work within ': 5 days or by Nov . 15 ,
unless additional time is granted in accordance with the specifications.
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 ELGIN . The amount of the check is
Five hundred. seventy-nine 25/100 ($ 579 .25 )•
BLR 5705
(4-84)
•
It 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
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.
overed.
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:
on-tract:
SCHEDULE OF PRICES
(For complete information covering these items, see plans and specifications)
,
lima Apgevaienate UNIT PRICES AMOUNTS
Ns ITEIrS Quaaosa Dollars 1 Cenu Dalian Casts
' 1 `
1 . White Pine 7' 2 Ea. 295 00 590 .00 .
2. Acer Rubrum (Red Maple) 3" Dia . 1 Ea. 375 , 00 375 .00
3. Blackhawk (prenifoeiom) Viburnums 4' 14 Ea . 68 , 00 952 .00
4. Arrowwood (Dentatum) Virurnum 24" 14 Ea. 30 , 00 420 .00 -
5. Dogwood (Red Twig) 5' 23 Ea. 30 . 00 690 .00 -
6. Crabapple Inaian Summer (Pink) 2" Dia . 2 Ea. 176 .00 352 .00
7. Sumac (Cut Leaf) 3' potted 14 Ea . 38 .00 532 .00
8. Day Lillies (Red & Yellow) 200 Ea. 4 .00 800 .00
9. Siberian Iris (White & Purple) gallon 200 Ea. 4 .50 900 .00
10. Shasta Daisey gallon 50 Ea. 4 .00 200 .00 ,
11 . Virginia Creeper 2" plugs 1 ,600 Ea. 2 .64 4224.00 -
12. Topsoil Placement On Hill 25 Cu.Yds. 20 .00 500 .00
13. Split Rail Fence (3 Rail ) 70 L.F. 15 . 00 1050 . 00
Edmond A. Allen Rustic Split Post and
Rail Fence (Red Cedar) or Approved
Equal 11585. 30
1
I
1
Carned Forward 1 if ii 5sT.,00
•
(If an individual) ��
Signature of Bidder. SEAL
rA1V'CIT Y;ATv a . ...G ..._..... ......( )
Business Address 2 Mary Lane..
Gilberts , I l . 60136
(If a co-partnership)
Firm Name ................................(SEAL)
Signed by ... (SEAL)
Business Address
Insert
Names and
Addresses of
AllMembers ................_............................
of the Firm
(If a corporation)
Corporate Name
Signed By .... _. ,_,.,......
President
Business Address
(Corporate Seal)
Insert President.
Names of
Officers Secretary
Treasurer ........ .....�...... ....
Attest•
Secretary
Proposal Bid Bond
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 (15)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
By:
(Name of Surety) (Seal) (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 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
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.
BLR 5708(Rev.4-84)
rof FirstKane AmericanCounty Bank
218 West Main Street • Dundee, Illinois 60118
(312) 426-6771
IRREVOCABLE LETTER OF CREDIT
86-111
October 30, 1986
Amount: $11,585 .00
City of Elgin, Inc.
Gentlemen:
We hereby establish our Irrevocable Letter of Credit in favor of City of
Elgin, Engineering Division for the account of Dale Larson, DBA Larson
Landscape, RR 1 Mary Lane Gilberts, Illinois 60136, up to the aggregate
amount of Eleven Thousand Five Hundred Eighty Five and no/100's---$11,585.00
available by your draft at sight drawn on us and accompanied by the fol-
lowing documents:
Advances under this Irrevocable Letter of Credit are guaranteed in the
event of failure by Dale Larson, DBA Larson Landscape to well truly and
faithfully perform his obligations under a certain contract with City of
Elgin for landscaping at Tyler Creek and certified to be in default by the
City of Elgin.
Drafts must be drawn and negotiated on or before November 15, 1986. All
drafts drawn under this Irrevocable Letter of Credit must bear on their face
a clause "Drawn under First American Bank of Kane County, Irrevocable Letter
of Credit No. 86-111 dated October 30, 1986."
Amount and date of each draft under this Irrevocable Letter of Credit
must be endorsed on the reverse side hereof and the presence of each draft,
if negotiated, shall constitute a warranty by the negotiating bank that such
endorsement has been made and that the documents herein required have been
forwarded to us. This Irrevocable Letter of Credit must be attached to the
last draft when the credit is exhausted.
We hereby agree with the drawers, endorsers and bona fide holders of
drafts drawn under and in compliance with the terms of this Irrevocable
Letter of Credit that the same shall be duly honored on due presentation and
delivery to drawee of the documents as specified.
This Irrevocable Letter of Credit is governed by the "Uniform Customs
and Practice for Documentary Credit, 1974 Revision, International Chamber of
Commerce Brochure No. 290."
41
J: • . Briars Assistant Cashier
0209B
1738 HIGHLAND AVE.
m
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�`� LOCATION MAP
' NO SCALE CITY OF ELGIN
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
70 L.F. SPLIT
RAIL FENCE DRAWN BY: C. P. S. DATE: /L'- f`! -
mmininnumimmiCONCRETE CHECKED BY: R. L. R. SHEET I OF I
s.
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3.
LAN •
4 -6"WASHED GRAVSL_
D _ FENCE DETAIL_
1 / NO SCALE
4.i _`��/ — T �� NOTE:
FENCE TO BE EDMOND A. ALLEN RUSTIC
SPLIT POST A140 3 RAIL. FENCE (ego
1
C .DP .) 02 APP OVED EQUAL-.
•
4
CITY OF ELGIN
ENGINEERING DIVISION
150 DEXTER COURT-ELGIN,ILLINOIS 60120-5555
Telephone: (312) 695- 6500
Ext. 245
TRANSMITTAL LETTER
Date November 5, 1986
To: Marie Yearman
City Clerk
Job: Tyler Creek Landscaping - 1738 West Highland Avenue
We transmit herewith for your—Information
Approval
Files
Correction
Return
1 Copy of
08/SPdsXaf Liability Insurance for the above job.
Sheet Nos.
Remarks Please attach this certificate to your copy of the contract.
CC: Yours very truly, �-(3
Ralph L. Ridley
Engineering Supervisor
By
4,.......11.) /!..-r..af �l/l� 7 .. ....,@� ii,Ji ; t'~ � a) - Fi, e . ISSUE�DATE(MM/DDNY
sm ' B F �'
?• � i0/31/86
4. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
GENOA INSURANCE AGENCY, INC. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ii; 425 W. MAIN
GENOA, I L 60135 COMPANIES AFFORDING COVERAGE t.
COMPANY
LETTER A UNITED FIRE & CASUALTY CO.
COMPANY
INSURED LETTER 11;
LARSON LANDSCAPING LETTERNY c
'i DALE LARSON D/B/A
1 9 MARY LANE COMPANY
LETTER
GILBERTS, IL 60136
COMPANY E
LETTER
•
y ».
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES.
LIABILITY LIMITS IN THOUSANDS
CO TYPE OF INSURANCE POLICY NUMBER POLIDATE Y(EFFECTIVE POLICY MIDO1YYN
LTR DATE(MM/DD/YY) DATE(MM/DD/YY) I EACH AGGREGATE
OCCURRENCE
GENERAL LIABILITY $
BODIRV � ..
, A x COMPREHENSIVE FORM 88-018-462 10/1/86 10/1/87
PREMISES/OPERATIONS PROPERTY
UNDERGROUND DAMAGE $ $ •
EXPLOSION&COLLAPSE HAZARD
_ PRODUCTS/COMPLETED OPERATIONS SL
CONTRACTUAL COMB(ED $ 500 $ 500
j INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY PERSONAL INJURY $
AUTOMOBILE LIABILITY BODILY $
INJURY
ANY AUTO (PER PERSON)
ALL OWNED AUTOS(PRIV. PASS.) GODLY
r OTHER THAN INJURY $
ALL OWNED AUTOS�PRIV. PASS. (PER AWDENT(
HIRED AUTOS PROPERTY
NON-OWNED AUTOS DAMAGE $
::,..7' GARAGE LIABILITY BI&PD
COMBINED $
EXCESS LIABILITY
UMBRELLA FORM BI 8 PD
)
COMBINED
OTHER THAN UMBRELLA FORM
STATUTORY
WORKERS' COMPENSATION H
AND '$ (EACH ACCIDENT)
$ (DISEASE-POLICY LIMIT)
EMPLOYERS' LIABILITY
$ (DISEASE-EACH EMPLOYEE
1.. OTHER
y
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
ILC��� . .>� , .•
,.. • 'T!FlCATE�'IOLDER = .. ,.. ... ._ - •ANCLJ.�L�14TlON - ,. ,. - ,. :::. ,.�,.._
_ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
CITY OF ELGIN PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
ELGINI MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
L 60120 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE r— ��
-C^C1J: �v - glQ.- -lc_r J"..Gre_� �'-G ..CSL
" •' -. 5 21841 - r ;' f _.'' IR/ACORD CORPORATION 4984