88-0810 Lyle Ave Main Extension RESOLUTION
AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH THE
CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby
authorized and directed to execute a license agreement on behalf of the City of Elgin
with the Chicago and North Western Transportation Company for the construction,
maintenance and use of a 16 inch water main, a copy of which is attached hereto and
made a part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: August 10, 1988
Adopted: August 10, 1988
Vote: Yeas 6 Nays 0
Recorded:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
•
£ s :, r ,�HC r `-`-Y 5 ., wz p . ,i' M1-�x i a 4 .' +: 4 k. rt ..
Metropolitan Rail 547 W. Jackson Blvd. Chicago, Illinois 60606 Telephone.312-322-6900
September 22 , 1988
Mr . Michael Einweck
Civil Engineer II
CITY OF ELGIN
150 Dexter Court
Elgin , Illinois 60120-5555
Dear Ms . Einweck :
Attached for your records is a fully executed counterpart of the
Pipe Line License which allows the City of Elgin to install a
pipe line undercrossing Metra ' s right of way at Lyle Avenue .
Sincerely,
<<Jr'
�
James . Burcham
Director
Office of Contract Management
Attachment
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CIIY Of- ci_GiN
ENGINEERING DEPT.
AGREEMENT NO . 3 -007- OO'-D 9fJ
DATE OF CONTRACT`4/ 24 /977
PIPE LINE LICENSE
Commuter Rail Division of the Regional Transportation
Authority, hereinafter called the "Licensor" , hereby grants to
City of Elgin with offices located
at 150 DextQr Court F10in IL 60120-5555
�
hereinafter termed 'the Licensee ( used as a neuter noun , in
singular number whether representing one or more corporations ,
copartnerships or persons ) , a license for pipe line purposes , and
no other purpose, along the course indicated in yellow on the
print attached hereto , marked Exhibit "A" and by reference made a
part hereof ; and
That for and in consideration of payments to be made to the
Licensor by the Licensee, as hereinafter set forth , and also of
the covenants and agreements hereinafter mentioned to be
observed , kept and performed by the Licensee, Licensor hereby
grants unto the Licensee the right to install a 16 inch pipe-
line, for the purpose of conveying water and
thereafter to maintain , operate and renew the same during the
continuance of this License, across , underneath or along the
right of way and tracks ( or track , as the case may be ) of the
Licensor ;
This License is granted upon the following express condi -
tions , terms and covenants to be observed , kept and performed by
the Licensee .
First : As one of the considerations for the foregoing
License the Licensee agrees to pay to the Licensor the sum of
$ N/A as cost of preparation of this agreement , payable in
advance .
As rent , Licensee shall pay Licensor annually, in advance ,
the sum of N/A Dollars ( $ N/A )
( hereinafter called "Base Rent" ) . Payment must be made promptly
as stated in the rental billing referred to in Paragraph First
hereof . The Base Rent shall be subject to annual adjustment in
manner and on the terms set forth in Paragraph First hereof .
Licensee shall pay to Licensor , simultaneously with its execution
hereof , the Rent due for the first year of the Term hereby
created .
At the beginning of each calendar year , following the ef-
fective date of this License the Base Rent as defined above , to
be paid by Licensee to Licensor pursuant to Paragraph First ,
shall be increased or decreased by the percentage change in the
consumer price index calculated and determined in the manner set
forth herein . Any increase or decrease shall be in relation to
an index of N/A for the Base Month of N/A , 19N/A
As used in this clause, the following terms shall have the
following respective meanings : ( 1 ) "Bureau of Labor Statistics"
shall mean the Bureau of Labor Statistics of the United States
Department of Labor , Washington , D . C . ; (2 ) " Index" shall mean
the "All Items " group of the U . S . City Average Consumer Price
Index for Urban Wage Earners , for the City of Chicago , ( 1967=100 )
issued by the Bureau of Labor Statistics ; ( 3 ) "Base Month" shall
mean the calendar month and year hereinbefore shown; and (4 )
"Comparison Month" shall mean each calendar month of N/A
occurring after said Base Month during the Term of this License
and during any holding over by Licensor .
The amount of Base Rent stipulated in Paragraph First of
this License shall hereafter be increased or decreased ( but shall
not in any event be less than the amount so stipulated as Base
Rent in this Paragraph First ) by the same percentage of increase
or decrease , as the case may be, in the Index for each Comparison
Month over or under the Index for the Base Month .
Licensor shall render Licensee rent bills showing the in-
creased or decreased amount of rent to be paid by Licensee after
each particular Comparison Month has occurred , however : (1 ) the
provisions herein shall not be invalidated or waived , or deemed
to be invalidated or waived , by reason of delay either in render-
ing any rent bill or in the final determination or any dispute
with respect thereto ; and (2 ) the failure of Licensor to render a
rent bill based upon any Comparison Month shall be without
prejudice to the right of Licensor to render a rent bill based
upon any subsequent Comparison Month .
If the Bureau of Labor Statistics shall substitute a new
Base for 1967=100 Base hereinbefore stipulated as the Index Base ,
Licensor and Licensee agree that such substituted Base , adjusted
and equated to 1967=100 Base in the manner recommended by said
Bureau of Labor Statistics , shall then become and be the Index
for all purposes herein . In the event the Index shall cease to
be published , then for purposes herein , there shall be substi -
tuted for the Index such other Index as Licensor and Licensee
shall agree upon , and if they shall be unable to agree within
sixty ( 60 ) days after the Index ceases to be published , such
matter shall be determined by arbitration in accordance with the
Rules of the American Arbitration Association , and the decision
of the arbitrators shall be enforceable in a court having juris-
diction thereover .
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Second: Said pipe line shall be constructed of Ductile
iron where it passes underneath the tracks of the Licensor,
and across the Licensor ' s right of way, and it shall be not more
than 16 inches in diameter , inside measurement . Said pipe
line shall be encased in a 30" steel pipe under the
Licensor ' s tracks and for a distance of entire width of fkkt/.ekk,h right of
rs�A�//0//t // NW,// PPM/Vie/4i kpll �ll�'.A/At/IYrYIVg5/I AAtieJtN Said Y
pipe shall be laid at a uniform grade entirely across the right
of way of the Licensor, and the top of the pipe line shall be not
less than 5 . 5 feet below the base of rail of any tracks , nor
at any point at a sufficiently shallow depth to be affected by
frost .
Third: The installation of said pipeline, including the dig-
ging and filling of any trench and the time and manner of doing
all of the work or of any repairs or renewals upon the Licensor ' s
right of way, shall be as indicated by its Contract Director , or
his authorized representative . All of said work shall be done in
a good and workmanlike manner , and in accordance with plans ,
specifications , and profiles to be prepared by the Licensee and
submitted for approval to the Licensor ' s Contract Director or his
authorized representative, and until such approval is first had
said work upon the Licensor ' s premises shall not be begun by the
Licensee .
The term "authorized representative" in part shall mean for
purpose of this License the Soo Line Railroad Company, herein-
after referred to as "Soo . " Soo performs the maintenance obliga-
tions for the Licensor on the premises owned by the Licensor
under this agreement .
Fourth : The Licensor shall permit Licensee reasonable right
of entry for the purpose of replacing , repairing , maintaining and
operating said pipeline .
Fifth : The Licensor , shall have the right to retain the
existing tracks and other improvements at the location of this
pipeline, and also shall have the right at any and all times in
the future to construct , maintain and operate over, under , across
or parallel to said pipe line such additional track or tracks as
it may from time to time elect . Nothing shall be done or
suffered to be done by the Licensee that will in any manner
impair the usefulness or safety of the tracks and other improve-
ments of the Licensor , or of such track or tracks and other
improvements as it may in the future construct over , under ,
across , or parallel to said pipe line . The Licensor reserves the
exclusive right to grant future easements under , over , across or
parallel with the said pipe line .
Sixth : The Licensee agrees that it will bear and pay the
entire cost of constructing , maintaining , repairing , replacing
and operating said pipe line .
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If deemed necessary by the Licensor and/or Soo , a flagman
will be provided by Soo , the cost of such services to be paid by
the Licensee . Licensee shall contact L . J . Thorson , Public
Contact Engineer , Soo Line Railroad Company , Telephone ( 612 )
347-8274 , three ( 3 ) working days in advance of initial entry upon
the Licensor ' s premises and/or for flagmen requirements .
Seventh : The Licensee agrees that it will , immediately upon
receipt of a statement showing the amount thereof , pay all cost
of any and all work performed upon the right of way and tracks of
the Licensor which shall be made necessary by the construction ,
repair , renewal or presence thereon of said pipe line .
Eighth : The Licensee agrees that it will give ample notice
in writing to the Licensor and Soo of the time when it , the
Licensee , will commence any construction , replacement, repair ,
maintenance or operation of said pipeline in order that the
Licensor and/or Soo may , if it so desires , have their representa-
tive present for the purpose of directing said work so that the
same may be done in a manner satisfactory to the Licensor and/or
Soo .
Ninth : The Licensee agrees that before and during the con-
struction , replacement , repair , maintenance or operation of said
pipeline , or at any other time , the Licensor shall have the right
to provide such safe and temporary structures as it may deem
necessary for safely caring for and preserving its tracks , build-
ings or other improvements and the Licensee agrees to pay to the
Licensor the entire cost of putting in or removing such temporary
structures , and of restoring the property of the Licensor as near
as may be to the same condition in which it was before the com-
mencement of said work .
Tenth : The Licensee agrees that if, at any time , the
Licensor shall change the location or grade of its track or
tracks , or shall desire to use its right of way at said point of
crossing or at any point along a parallel course with the pipe-
line for any purpose whatever , Licensee , at its own expense ,
shall make all changes required by Licensor . If the Licensee
shall fail , neglect or refuse to make such change for a period of
thirty ( 30 ) days after the receipt of written notice from the
Licensor , then the Licensor may make such change at the expense
of the Licensee .
Eleventh : Licensee shall at all times construct, replace ,
repair , maintain and operate said pipeline in a secure , safe and
sanitary condition and in accordance with all applicable laws ,
ordinances , rules and regulations . If the manner of construct-
ing , replacing , repairing , maintaining and operating said pipe-
lines shall at any time be in violation of any applicable law,
rule , regulation or ordinance , then Licensee shall at no cost or
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expense to Licensor , upon receipt of appropriate notice from a
governmental agency having enforcement jurisdiction in the
properties , make such changes or repairs as shall be necessary .
Failure or refusal of Licensee to make the required changes or
repairs within the time prescribed by said agency shall terminate
this License , provided that it shall not terminate as long as
Licensee , in good faith and by pursuit of appropriate legal or
equitable remedies , enjoins , defends against , appeals from or
pursues other lawful measures to avoid the enforcement of said
laws , ordinances , rules or regulations .
Twelfth : Licensee hereby assumes and agrees to RELEASE ,
ACQUIT , WAIVE ANY RIGHTS AGAINST AND FOREVER DISCHARGE the
Licensor , the Regional Transportation Authority , the Northeast
Illinois Regional Commuter Railroad Corporation , and Soo , their
directors , administrators , officers , employees , agents , succes-
sors , assigns and all other persons , firms and corporations , from
and against any and all claims , demands or liabilities imposed
upon them by law or otherwise of every kind , nature and character
on account of personal injuries , including death at any time
resulting therefrom, and on account of damage to or destruction
of property , arising from any accident or incident which may
occur to or be incurred by the Licensee its employees , officers ,
agents and all other persons acting on its behalf while on
Licensor ' s property .
Thirteenth : Licensee agrees to indemnify and hold harmless
the Licensor , the Regional Transportation Authority , the North-
east Illinois Regional Commuter Railroad Corporation , and Soo ,
their directors , officers , agents and employees , from and against
any and all liabilities , losses , damages , costs , payments and
expenses of every kind and nature ( including attorneys ' fees and
disbursements ) as a result of claims , demands , actions , suits ,
proceedings , judgments or settlements , arising out of or in any
way relating to or occurring in connection with the use or condi -
tions of the premises used pursuant to this License . The
Licensor agrees to notify the Licensee in writing within a rea-
sonable time of any claim of which it becomes aware which may
fall within this indemnity provision . The Licensee further
agrees to defend the Licensor , the Regional Transportation
Authority , the Northeast Illinois Regional Commuter Railroad
Corporation , Soo and their directors , officers , agents and
employees against any claims , suits , actions or proceedings filed
against any of them with respect to the subject matter of this
indemnity provision , whether such claims , suits , actions or
proceedings , are rightfully or wrongfully made or filed;
provided , however , that the Licensor , the Regional Transportation
Authority , the Northeast Illinois Regional Commuter Railroad
Corporation , and Soo may elect to participate in the defense
thereof at their own expense or may at their own expense employ
attorneys of their own selection to appear and defend the same on
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behalf of the Licensor , the Regional Transportation Authority ,
the Northeast Illinois Regional Commuter Railroad Corporation ,
Soo and their directors , officers , agents or employees . The
Licensee shall not enter into any compromise , or settlement of
any such claims , suits , actions or proceedings without the
consent of the Licensor , the Regional Transportation Authority ,
the Northeast Illinois Regional Commuter Railroad Corporation ,
and Soo , which consent shall not be unreasonably withheld .
Notwithstanding anything in this License to the contrary , the
indemnities contained in this paragraph shall survive termination
of this License .
Fourteenth : Prior to commencement of any work to be per-
formed under the terms of this License , Licensee shall require
its contractor( s ) and/or subcontractor( s ) to purchase the follow-
ing insurance coverage . The total cost of the premium for such
insurance shall be at the expense of the Licensee , its con-
tractor ( s) and/or subcontractor ( s) :
1 . Contractor ' s Public Liability Insurance :
The Contractor shall furnish evidence that , with
respect to the operations it performs , it carries
regular Contractor ' s Public Liability Insurance
providing for a limit of not less than $2 , 000 , 000
single limit, bodily injury and/or property damage
combined , for damages arising out of bodily injuries
to or death to or destruction of property , including
the loss of use thereof, in any one occurrence .
2 . Contractor ' s Protective Public Liability Insurance :
The Contractor shall furnish evidence that, with
respect to the operations performed by subcon-
tractors , it carries in its own behalf regular
Contractor ' s Protective Public Liability Insurance
providing for a limit of not less than $2 ,000 , 000 ,
single limit, bodily injury and/or property damage
combined , for damages arising out of bodily injuries
to or death of all persons in any one occurrence and
for damage to or destruction of property , including
the loss of use thereof, in any one occurrence .
3 . Railroad ' s Protective Liability Insurance :
In addition to the above , the Contractor shall
furnish evidence , with respect to the operations it
or any of its subcontractors perform, that it has
provided Railroad Protective Public Liability Insur-
ance (AAR-AASHTO form ) , in the name of the Licensor ,
the Regional Transportation Authority , the Northeast
Illinois Regional Commuter Railroad Corporation , and
the Soo , providing for a limit of not less than
$2 ,000 , 000 single limit , bodily injury and/or
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property damage combined , for damages arising out of
bodily injuries to or death of all persons in any one
occurrence and for damage to or destruction of
property , including the loss of use thereof , in any
one occurrence . Such insurance shall be furnished
with an aggregate of not less than $6 , 000 , 000 , for
all damages as a result of more than one occurrence .
Soo requires an amendment under Coverage C for Rail -
road Protective Liability . Amendment GL 00 30 03 83
is attached hereto and made a part of this License .
The insurance hereinbefore specified shall be carried
until all work required to be performed under the
terms of this License is satisfactorily completed and
formally accepted . Failure to carry or keep such
insurance in force until all work is satisfactorily
completed shall constitute a violation of the
License . The Contractor shall furnish to the
Licensor signed copies of the policy for Contractor ' s
Public Liability Insurance and original of the AAR-
AASHTO policy for Railroad ' s Protective Public
Liability Insurance . If any work is subcontracted ,
the contractor shall furnish a signed copy of the
policy for Contractor ' s Protective Liability Insur-
ance .
Fifteenth : This License may be terminated by either party
giving to the other thirty ( 30 ) days ' written notice of its
intention so to do . In case of termination the Licensee shall
remove from the right of way of the Licensor said pipe line and
shall restore said right of way , to its condition prior to • the
construction and installation of said pipe line ; or upon failure ,
neglect or refusal of the Licensee so to do , the Licensor may
make such removal and restoration , and the total cost hereof
shall be paid by the Licensee immediately upon receipt of a
statement; or , if the Licensor shall so elect , it may treat the
said pipe line as abandoned by the Licensee , and may make such
disposition thereof as it may see fit .
Sixteenth : This License and all of the terms , conditions ,
rights and obligations herein contained shall inure to and be
binding upon the Licensor , its successors , lessees , and assigns ,
and upon the Licensee , and the successors , assigns , lessees ,
heirs , executors , administrators , legal and personal representa-
tives of Licensee whether hereinbefore so stated or not ; but it
is distinctly agreed that the Licensee shall not assign its
rights under this License without the written consent of the
Licensor first had and obtained .
Seventeenth : The unenforceability or illegality of any
clause or section of this Pipe Line License shall not affect the
enforceability or legality of the remaining clauses and sections .
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IN WITNESS WHEREOF, the parties hereto have duly executed
this License as of the /A,,f(day of 4��;"4,,,,04. )92p
COMMUTER RAIL DIVISION OF THE
ATTEST : REGIONAL TRANSPORTATION AUTHORITY ,
?rec6,1-ee-,,N.)-)w(i_ic&ts_,--,(/#__ BY :
Maureen McClelland Ja es E . Cole
Assistant Secretary E cutive Director
ATTEST : City of Elgin
LICENSEE
..e......eut...vv..4.,v1/4„) BY :
1
APPRO IT TO LEGAL FORM
�' � 11
BY � .'.(. ...,
DATE
PipeLineLic ( MilwDstrct ) /KJH : pk/2-9-88/053
-8-
•
AMENDMENT GL 00 30 03 83
It is agreed that insuring Agreement 1 "Coverage C - Physical
Damage to Property" is amended to read :
To pay for direct and accidental loss of damage to
Railroad tracks , roadbeds , catenary, signals , bridges ,
buildings , rolling stock and their contents , mechanical
construction equipment , or motive power equipment ,
hereinafter called loss , arising out of acts or
omissions at the designated job site which are related
to or are in connection with work described in Item
of the declarations ; provided such property is owned by
the name insured or is leased or entrusted to the name
insured under a lease or trust agreement .
-9-
PROPOSAL SUBMITTED BY
-,• 6Lu_TH 1?RISS 00AISrRUCT/LN
CONTRACTORS NAME
•
1151 LAKE Au f, L&iooD SToC ,
a ADDRESS ,XLE.//lit?/S
STATE OF ILLINOIS
CITY OF ELGIN
(City,Town or Village)
KANE COUNTY
1(03mATCompark SPECIFICATIONS, PLANS,
MATERIAL PROPOSAL, CONTRACT PROPOSAL,
CONTRACT AND CONTRACT BOND.
(Strike out that which is not applicable)
FOR
THE IMPROVEMENT OF
LYLE AVE. WATERMAIN EXTENSION
(Street or Road Name)
STATE HIGHWAY NO. N/A
COUNTY HIGHWAY NO. N/A
EXTENSION TO COUNTY HIGHWAY NO. N/A
SECTION NO. 3022
TO BE CONSTRUCTED UNDER
THE PROVISIONS OF
THE ILLINOIS HIGHWAY CODE
e
APPROVED
DEXUXKKIXPEARMIRTIMMO
DEPARTMENT OF PUBLIC WORKS
PASSED 19.8,8_( DAT/I "A•8. '21
—.020" Plagrair
�,\\ Mayor AtNOWCOUSCORAQ TQXe(ee% / / •V')E•4119!'et ►(
PUBLIC WORKS DIRECTOR
BLR 290(Rev.3-72)
NOTICE TO BIDDERS
Sealed bids will be received by Purchasing Agent of the City
of Elgin, Illinois , until 11 :00 O ' Clock A.M. , Local Time,
July 6, 1988, for Lyle Avenue Watermain Extension. At that
time the bids will be publicly opened and read at the
Purchasing Department in the City Hall , 150 Dexter Court ,
Elgin, Illinois 60120.
, The proposed project includes the construction of a 16 inch
ductile iron watermain from the intersection of Royal Blvd .
-- and Lyle Ave. north to Big Timber Rd . , a distance of 3170
. " feet in the City of Elgin. This work will will . also include
a railroad crossing with a jacked and augered steel casing
pipe and all other appurtenant work and materials necessary
to complete the project .
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 fifteen
( 15) days after the date the contract has been awarded to the
Contractor . 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 their contract .
Proposals may be withdrawn at any time prior to the hour of
opening of bids , when requested in writing , but no proposal
may be withdrawn after the time of opening of bids is past .
Any proposal so withdrawn may not be resubmitted at tic same
letting.
Each bidder shall satisfy the City as to his/her 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 for a non-refundable fee of $10.00.
Dated this 14th day of June , 1988.
Michael A. Sarro
Purchasing Agent
- City of Elgin
1
- • Municipality
Et GIN
Township
• ELGIN
County
ProposalE
Section
#3022 --
1. Proposed 6 4--u TM BR-OS, UON57-R tCT,o ti/ r .
t Ju 1 1 cJoo,� STUC/c _L L L/.v0/S Lo O Q 9 ?
for the improvement of the above section by the constructionW
of a lf" inch ductile iron watermain from the intersection of Royal Blvd. and Lyle Ave.
north to Big Timber Road, a distance of approximately 3170 feet. This work will also•
.- . .. . . ' 1. i .. '. .'• as _.- -d e- casino .i •e.
)faXt)E�1tlY�iif Kef�oXe�(dlf_ Mat
2. The plans for the proposed work are those prepared by Joseph A. Schudt & Associates
and approved by the Public Works Director,
on January 19 $$ .
3. The specifications referred to herein are those prepared by the Department of Transportation and designated as
'Standard Specificiations for Road and Bridge Construction' and the`Supplemental Specifications'there to,adopt-
ed 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 Recurring Special Provisions'contained in this proposal.
5. The undersigned agrees to complete the work within 75 working days or by ---
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 Vii44664 of El qi n
The amount of the check is
($ . ).
BLR 5705(Rev.4/87)
IL 4y4.OJO I
•
It this proposal is accepted and the undersigned fails to execute a contract and contract bond as required, it i
hereby agreed that the check shall be forfeited to the awarding authority.
tATTACH BANK CASHIER'S CHECK,OR CERTIFIED CHECK HERE
in the event that one check is intended to cover two or more proposals, the amount must be
-- equal to the sum of the proposal guarantees of the individual sections covered.
• If the check is placed in another proposal,complete the following statement:
The check or draft will be found in the proposal for Section No 3Q??
•
L
7. The undersigned submits herewith this schedule of prices covering the work to be performed under this contract
SCHEDULE OF PRICES
(For complete information covering these items,see plans and specifications)
nen A Droxmate UNIT PRICES AMOUNTS•
No ITEMS �uintiues Pones Cents Danes Cent
1. Ductile Iron Watermain-16" 3170 L.F. • 3L oc jiy/aa oc.i
2. Ductile Iron Watermain-8" . 40 L.F. ao 0 CO
3. Ductile Iron Watermain-6" 22 L.F. i8 0 0 3 9 00
4. Fire Hydrant with Auxiliary Valve 2 Ea. /Al0p on Fr n o0
5. Valve Vault-5' 6 Ea. /o o ' cc 60O C, o0
6. Valve Vault-4' 3 Ea. o cn c a n
7. Valve - 16" 5 Ea. A000 cc /o00n c)o
8. Valve - 12" 1 Ea. goo e,c c n cc.)
9. Valve - 8" 2 Ea. Soa o�
�
10. Valve - 6" 1 Ea. c n i o � c)
10. c� 30�� nr..
11. Steel Casing Pipe (2" Thickness) 210 L.F. /S000 3i S o o on
Jacked and Augered
12. Cast Iron Fittings 8300 Lb. / co d 3i✓c) o
13. Polyethylene Encasement 3170 L,F. 79. 5o
(Discretionary)
•
• .
TOTAL BID FOR IMPROVEMENT l /79,770S' ,SD
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----211..�. paugt$ '1
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.............. ...... PPV eeamang '`i
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..__.�...... .» »»....... eaaippy MUFTI
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Illinois Department Proposal Bid Bond
of Transportation
Local Agency
Municipality City of Elgin
Township Kane
County .
Section 3022
WE Gluth Bros. Construction, Inc. - 1151 Lake Avenue
Woodstock, Illinois 60098 as PRINCIPAL, and
Reliance Insurance Company 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
bt 1 day of July A.D. 19 88
PRINCIPAL
Gluth Bros. Construction, Inc.
(Company Name) / / (Seal) (Company Name) (Seal)
By: s�•'_or"; By:
Fra ' Gluth igna ure&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 ,, VI � l
Reliance Insurance Company gy: �.1 l�
(Name of Surety) (Seal) (Signature of Attorney-in-Fact)
L ra Buciak
STATE OF ILLINOIS,
COUNTY OF Cook
Susan M. Caron , a Notary Public in and for said county,
do hereby certify that Frank Gluth & Laura Buciak
(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 6th •ay of July 19 88
My commission expires 8/10/88 � 1 � `� .■/■
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 1925
RELIANCE INSURANCE COMPANY
HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA •
POWER OF ATTORNEY
40W ALL MEN BY THESE PRESENTS,That the RELIANCE INSURANCE COMPANY,a corporation duly organized under the laws of the State of
mnsylvania,does hereby make,constitute and appoint G. A. MOrency, Glenn P. Sapa, Richard T. Morency,
illiam P. Weible, Theresa A. Koch, William Cahill, Valerie J. McKinley, Nancy Levredge and
aura Buciak, individually, of Hinsdale, Illinois
:s true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf,and as its act and deed any and all bonds
and undertakings of Suretyship,
and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings
obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INURANCE COMPANY and sealed and attested by one
other of such officers,and hereby ratifies and confirms all that its said Attorneys)-in-Fact may do in pursurance hereof.
The Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became
effective September 7,1978,which provisions are now in full force and effect,reading as follows:
ARTICLE VII—EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice
President or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys-in-Fact and to authorize
them to execute on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the
nature thereof,and(b)to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him.
2. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to
execute and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in
the nature thereof.The corporate seal is not necessary for the validity of any bonds and undertakings,recognizances,contracts of indemnity and
other writings obligatory in the nature thereof.
3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of
indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the
Company and to copies of the By-Laws of the Company or any article or section thereof.
The power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June,1979,at which a quorum was present,and said Resolution has not
been amended or repealed:
"Resolved,that the signature of such directors and officers and the seal of the Company may be affixed to any such
power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing
such fascimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so
executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the
future with respect to any bond or undertaking to which it is attached."
1N WITNESS WHEREOF,the RELIANCE INSURANCE COMPANY has caused these presents to signed b Vice Pre ' ent,and its corporate
seal to be hereto affixed,this 7th day of July 19 87.
~kcf RELIAN INSURAN OM
STATE OF COUNTY OF Pennsylvania I ss. a {�� v a Vice resident
Philadelphia t. `� ��jS/
rD rWj�
On this 7th day of July ,1 7 ,personally appeared Rays MacNeil
to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY,and ac owledged that he executed and attested the foregoing
instrument and affixed the seal of said corporation thereto,and that Article VII, •n 1,2,and =y-Laws of said c•mpany and the
Resolution,set forth therein,are still in full force.
My Commission Expires: i``a -
September 28 ,19 87 Notary Public in and for State of •- lvania
Residing at Philadelphia
P. D. Crossetta ,Assistant Secretary of the RELIANCE INSURANCE COMPANY,do hereby certify that the above
and foregoing is a true and correct copy of a Power of Attorney - ? ..• RELIANCE INSURANCE COMPANY,which is still in full force and
effect. l cFco
IN WITNESS WHEREOF,I have hereunto set my hand and aff 4•th=--71. of .. d Company this 6th d f July 1988.
• cc ci, `r K
BDR-1431 Ed.6/79 4rrp r.a��*'r Assistant Secretary
2
• STATE OF ILLINOIS
6 CONTRACT
1. THIS AGREEMENT,made and concluded the 27 day of
{ 19_88 between the CITY of ELGIN
acting byandthrough its Officers • 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 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 forte Lyle Street Watermain Extension
approved by the 1 1Et*YdfJfl6XI Ii '- ijfXX(Kil?6kkitXlYlYoUsX Publ i c Works Di rector
19 88 ,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.
Atteesstt:� The 0:§ of Elgin
ty Clerk By
Party of the First Part
MAYOR
(Seal) ‘-/t (If a Corporation)
Attest i Corporate Namec7 , 3p_,0S, Op/Li5--r2czC:7/e/A. 4./ ‘
Sect y
Ptest•e
Party of the Second Put
(If a Co-Partnership)
(Seal)
(Corporate Seal)
(Seal)
(Seal)
Partners doing Business under the firm name of
Party of the Second Part
(If an Individual)
(Seal)
Party of the Second Part
BAR 5710
(4-84)
Contract Bond
CITY OF EL. (3 ! N Municipality Elgin
Township. Elgin
•
County Kane
f Section #3022
BOND #B75. 13 63
•
We Gluth Bros. Construction Inc.
as PRINCIPAL,and
Reliance Insurance Company as SURETY,
are held and firmly bound unto the above Local Agency (hereafter referred to as "LA") in the penal sum of
One Hundred Seventy Nine Thousand Two Hundred Eighboiya g/(l$00 179,208.50 ), 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.
SLR 5711 !Fier 9/801
IL 454-0372
3
•
.IN TESTIMONY WHEREOF,the said PRINCIPAL and the said SURETY have caused this instrument to be signed by
their res sptective officers arAtheir corporate seals to be hereunto affixed this day of
ugu A.D. 18
•
PRINCIPAL
Gluth Bros. Construction Inc. •
' (Company Name) (seal) (Company Name) - (seal)
By._ / A -_I__ _ . L_-__:, 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.) ilitc,/ . .
SURETY /
Reliance Insurance Company � �� /
By:
(Name of Surety) (seal) (Signatur: _ •rney-In-Fact)
Valer• - 'cKinley
I.
STATE OF ILLINOIS,
COUNTY OF Cook •
•I, Judith C. Gaunt ,a Notary Public in and for said county,do hereby certify that
& Valerie J. McKinley ••
(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 nder my ' � 1 }tnarial seal ,his 4 day of August A.D.
19'$$'' NOTARY PUBLIC STATE OF ILLINOIS
•
. MY My commission pima lsslp i a JULY I, 1991 /�I C9
(III ) 4rt/
Notary Public
•
Approved this .27 day of T1 r if A.D. i y
•
Att st: •
(A Wing Authority) G�i%F��
City Clerk • I , �4`Al
(�fi�jr�a yor/kXStokt)
(Seal)
•
RELIANCE INSURANCE COMPANY
HEAD OFFICE,PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,That the RELIANCE INSURANCE COMPANY,a corporation duly organized under the laws of the State of
Pennsylvania,does hereby make,constitute and appoint G. A. Morency, Glenn P. Sapa, Richard T. Morency,
William P. Weible, Theresa A. Koch, William Cahill, Valerie J. McKinley, Nancy Levredge and
Laura Buciak, individually, of Hinsdale, Illinois
its true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf,and as its act and deed any and all bonds
and undertakings of Suretyship,
and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings
obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INURANCE COMPANY and sealed and attested by one
other of such officers,and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursurance hereof.
The Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became
effective September 7,1978,which provisions are now in full force and effect,reading as follows:
ARTICLE VII—EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice
President or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys-in-Fact and to authorize
them to execute on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the
nature thereof,and(b)to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him.
2. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to
execute and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in
the nature thereof.The corporate seal is not necessary for the validity of any bonds and undertakings,recognizances,contracts of indemnity and
other writings obligatory in the nature thereof.
3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of
indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the
Company and to copies of the By-Laws of the Company or any article or section thereof.
The power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June,1979,at which a quorum was present,and said Resolution has not
been amended or repealed:
"Resolved,that the signature of such directors and officers and the seal of the Company may be affixed to any such
power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing
such fascimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so
executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the
future with respect to any bond or undertaking to which it is attached."
IN WITNESS WHEREOF,the RELIANCE INSURANCE COMPANY has caused these presents to' signed b - Vice Pre '•ent,and its corporate
seal to be hereto affixed,this 7th day of July 19 87.
tti5°RANCF\ RELIAN INSURAN • OM �/
STATE OF Pennsylvania Iss. d 4 �e Vice resident
COUNTY OF Philadelphia 2'
?o MME
On this 7th day of July ,1 7,personally appeared Ram MacNeil
to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY,and ac owledged that he executed and attested the foregoing
instrument and affixed the seal of said corporation thereto,and that Article VII,S n 1,2,and 3_-,1017:y-Laws of said cny and the
Resolution,set forth therein,are still in full force.
F ..
My Commission Expires:
September 28 ,19 87 Notary Public in and for State of ' I lvania
Residing at Philadelphia
I P. D. Crossetta ,Assistant Secretary of the RELIANCE INSURANCE COMPANY,do hereby certify that the above
and foregoing is a true and correct copy of a Power of Attorney : RELIANCE INSURANCE COMPANY,which is still in full force and
effect. a`�l aft CFo
95.
- IN WITNESS WHEREOF,I have hereunto set my hand and aff',%• th of'- d Company this 4 d: •f Au ust: 19 88
r �tv-
/.
•
BDR-1431 Ed.6179 `0a„„OM,�0.U`ti� Assistant Secretary 1�1►_-:—
'Affirmrotive Action—City Contractile
• A. The City shall not contract in an amount scceeding 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
!quo) smpbymenf opportunity.
The written commitment requited by this section sholb
•I. Set out and agree to s olntoin speeirrc enthie ment or
membership practices and policies sufficient to achieve stool 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 won request written
evidence of the effectiveness of the above required practices,
policies and gaols.
A. Agree to submit to the City won request statistical data
concerning employee composition or membership composition on
rocs,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 (commitment which contains the provisions required by
poiogrophs(I) through(5)above.
7. The written commitment required by this section may
also be satisfied by filing o copy of on offirmative action program of
the controctor/vendor which Is in effect and which his been
approved by any local, stole 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 ciouses:
'The contractor/vendor will not discriminate against any
employes or applicant for employment because of race, color,
religion, sex, onces►ry, noncom; w:Or% place of birth, e;:,physical handicap which would not interfere with the efficient
performance of the job to 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 previsions. 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 Municipol Code, 1976, h hereby incor-
porated by reference,as if set out verbatim.•
* 1. What have you done and what will you do to recruit minority
employees?.
W 2. Do you have a traing Program for minority employees?
BIDDER'S EMPLOYEE UTILIZATION FORM
This report is required by the City of Elgin and should be submitted before
bid can be awarded. Chapter 3. 12 .100 Affirmative Action - City Contracts.
IDENTIFICATION (Name & address of bidder) DESCRIPTION OF BID PROJECT
6/ 1h T ROS doiu_s.rRrter/o-v ZNC-. 4uA71.R.,-)Ai•v Earn.
//SI ZAHf r&c./zt SkoT/oti 74V 3ca
LcJoobST c C' JO/S GDD9f
TAL
JOB CATEGORIES , EMPLOYEES BLACKS HISPANICS OTH€R_MINORITY FEMALE
M ' F M T F M F I M I F S S S
' Q c)
I
I 1 I
I I _
•
s I 1 I
TOTAL , I/6. 7Z /, .�
Company offic a1 a Title Telephone • Date Signed Page L of .Z.
e - 33 Y-/ ,i1 —7 /2---('-/ ,
It is and rstood that the statistical data provided by the bidder reflects its
efforts regarding equal employment opportunity practices on minority groups and
female populations, without regard of race, color, religion, sex, ancestry. age,
national origin or physical handicap.
SPECIAL PROVISIONS
The following Special Provisions supplement these specifications
and in case of conflict the Special Provisions shall take
-_precedence and govern:
`i. EIBE_HYDEGNIE
Fire hydrants shall be measured and paid for on a per each basis
to include the hydrant , 6" gate valve , valve box , french drain,
thrust blocking , extensions ( where necessary ) and .accessories.
The french drain shall consist of at least one-half cubic yard
of washed coarse stone placed at and around the base of the
hydrant to insure proper drainage of the hydrant after use .
Hydrants shall be Waterous Pacer breakaway type WB-67 or Mueller
Centurion with a 6" barrel and a six (6) inch connecting pipe .
In addition to the two - 2-1 /2" standard nozzles, the hydrant
shall have 1 :4-1/2" inch steamer nozzle with National Standard
threads. Hydrants shall be connected to the main by a 6 inch
ductile iron pipe and shall be securely anchored to the main by
means of anchoring tees , nipples of Roto Gland Anchoring Pipe as
manufactured by Clow Company , retainer glands or approved equal .
The connecting pipe shall be incidental to the cost of the fire
hydrant . Accessories for anchoring shall be incidental to the
cost of the hydrant . The auxiliary gate valve shall be in-
stalled as close to the hydrant as possible . A valve box (Clow
Type F-2450 or approved equal ) shall be installed over the
valve. Hydrants shall be painted high visibility RED .
2 . GRANULAR BEDDING MATERIAL
The contractor shall install a granular cradle under the water
main, consisting of CA-6 crushed material conforming to Article
704 .01 of the Standard Specifications for Road and Bridge
Construction in Illinois as adopted October 1 , 1983 . Said
cradle shall be placed 6" thick under the pipe to a point
midway of the pipe .
The granular bedding material (CA-6 ) will not be paid for but
will be included in the bid price for water main of the size
indicated .
3. JEIIIdG_DE_IdE_IBENGd
The contractor will furnish his on water to jet the trench
areas in the parkway in accordance with Section 20-2.21D . If he
desires to use water from the hydrants , he shall make applica-
tion to the proper authorities, and shall conform to the munici-
pal ordinances , rules or the regulations concerning their use .
Water shall be furnished by the City from the hydrants at no
expense to the contractor .
Jetting of the trench shl1 rant be ronc.ider,,=-t fir P<sVT.t:rf b--;t
shall be : nL1 '.1dec in the curt of the watr_=. nu . n .
-2-
4. NQIIEICAIIQNS TO UTILITY COMPANIES
The contractor shall notify all public utilities sufficiently in
advance so that all underground utilities may be staked prior to
zany excavating . The Engineer does not assume any responsibility
in the location of utilities as shown on the drawings. The
project plans have been prepared on the basis of existing
utility maps or as marked or otherwise designated by the utili-
ty. •
5. OBQUND_PEWEIERING OR SHEETING
The contractor shall not be paid separately for any dewatering
or sheeting that he may employ in the course of the work . The
contractor shall include all costs associated with any
dewatering or sheeting in the cost of the water main when any
dewatering or sheeting is necessary during the course of the
contract .
6. ILLINOIS E.P.A= PERMIT
An application has been made to and approved by the Illinois
Environmental Protection Agency for a permit to install the
water main as proposed .
7 . IBAEEIO-CONIROL-AND_EKIECIIQN
This item consists of the furnishing , installation, maintenance,
relocation and subsequent removal of all temporary signs,
signals, markings , traffic cones , barricades, warning lights ,
flagmen and other devices which are to be used for the purpose
of regulating , warning , or guiding traffic during the construc-
tion of these improvements.
All signs, signals , markings, traffic cones, barricades, warning
lights , flagmen, and other traffic control devices must conform
to the plans , specifications, Special Provisions, and the Manual
on Uniform Traffic Control Devices for Streets and Highways.
The Contractor shall obtain, erect , maintain, and remove all
traffic control devices in accordance with article 107. 14 of the
Standard Specifications for Road and Bridge Construction in
Illinois, as adopted October 1 , 1983.
Placement and maintenance of all traffic control devices shall
be as directed by the City Engineer . The City Engineer shall be
the sole judge as to the acceptability of placement and mainte-
nance of the traffic control devices prescribed in appropriate
standards. Construction operations shall be conducted in a
manner such that the streets will be open at all times to
emergency and local traffic . Removal and replacement of drive-
�� sH,31 1 ue [ atlfloo so a� to cause a min:mum of
i ic. c_,nvec : or,f- p to tt aut t m nci property owners .
-3-
The contractor shall be responsible for seeing to it that all
barricades, warning signs , lights and other devices __installed by
him are in place and operating twenty-four hours a day, includ-
- -: ing Sundays and holidays , during the time this contract is in
;force.
The cost of this Traffic Control and Protection shall not be
paid for separately , but shall be included in the cost of the
water main.
• B. GONSIBUGIIQN-NOISE-BESIBIQIIQNS
a . All engines and engine driven equipment used for hauling or
construction shall be equipped with an adequate muffler in
constant operation and properly maintained to prevent excessive
or unusual noise.
b . Construction or equipment noise within 1 ,000 feet of an
occupied residence, or similar receptor shall be confined
to the period beginning at 7 a .m. and ending at 8 p .m.
Exception: Any machine or device, or part thereof , which is
regulated by , or becomes regulated by , Federal or State of
Illinois noise standards shall conform to those standards .
Requests to modify or deviate from these requirements shall be
submitted in writing by the contractor and must be approved in
writing by the City Engineer .
9. WAIEBNBIN
Watermain shall be paid for at the contract unit price per
linear foot of Ductile Iron Water Main at the size specified on
the plans and in the proposal forms .
•
10. SBEEIY
The contractor shall take all necessary job safety precaution,:
as required to be in accordance with all Local , County , State
and Federal requirements including the Federal Occupation Safety
and Health Act normally referred to as OSHA.
11 . BESIOBAIIQN_SINQLUDINQ-SEEQINO->
This work shall be done in accordance with applicable portions
of Section 648 and 643 of the Standard Specifications for Road
and Bridge Construction in Illinois adopted October 1 , 1983, and
amendments thereto . The work shall include the leveling and
preparation of the area disturbed due to the construction of the
watermain and/or appurtenances thereto , the application of
fertilizer nutrient at uri atr 01 ,D'.)uii per aL !"c d
-4-
percentage, the seeding or sodding of same , and any watering
• which may be required by the City Engineer . The restoration of
the roadside ditches is included as part of this work and same
will be incidental to this item of Restoration. If there is a
°Tack of moisture and seed or sod does not germinate or grow
(satisfactorily , the contractor shall water the seed bed or sod
to obtain a satisfactory strand of grass in a minimum of forty-
five (45) days . The seeding formula will be determined by the
City Engineer . Pegs shall be used to hold sod in place on the
side slopes of ditches where directed by the Engineer .
Method of Measurement will be on the square yard basis as
determined in the field by the City Engineer or his representa-
tive.
This work shall be considered as incidental to the contract . It
shall include the furnishing and placement of all topsoil , fine
grading , the preparation of the seed bed , furnishing and the
placement Of the seed and/or sod , fertilizer nutrients , and any
watering that may be necessary in accordance with the Standard
Specifications and to the satisfaction of the City Engineer .
12. NLYEItiYLENE-ENCACEMENI
Ductile iron piping and fittings, as directed and at the discre-
tion of the City Engineer , shall be encased in 8 mil . thick
polyethylene sheeting in accordance with ANSI/AWWA C 105-77 as a
corrosion protection measure . Materials and the method of
installation shall conform with these same ANSI standards . The
Contractor shall have the option of choosing one of the three
approved method of installation. Measurement for payment for
the polyethylene sheeting shall be by the linear foot measured
in place. Separate payment will not be made for any
overlappling . Overlaps shall be incidental to the contract
item. Payment shall be at the contract unit price bid per
lineal foot of Polyethylene Encasement which price shall be
payment in full for all labor , material and/or equipment necr ..-
sary to complete this item in accordance with the specifica-
tions.
13. CDNDIIIQNAL-ACCEEIANCE
The City will provide a Conditional Acceptance of the water main
system after an inspection indicates that all work and testing
has been satisfactorily completed . The date of the conditional
acceptance shall be the starting date of the one year guarantee.
14 . GUABAtIEE
The Contractor shall guarantee his work for a period of one ( 1 )
year after Conditional Acceptance by the City Engineer .
15. dBdQLING_QE_E1EE
Dirt or other foreign material shall be prevented from entering
the pipe or pipe joint during handling or laying operations and
:any pipe or fitting that has been installed with dirt or foreign
material in it shall be removed , cleaned and relaid . At times
when pipe laying is not in progress, the open ends of the pipe
shall be closed by a watertight plug or by other means approved
by the ENGINEER to ensure absolute cleanliness inside the pipe.
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 bssigned 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 thereof, and shall not
be detached or altered.
2.2 Interpretation of Estimate of Quantities. An estimate of quantities of
work to be done and materials to be furnished under the specifications
is given in the proposal . It is the result of careful calculations and
is believed to be correct, but is given only as a basis for comparison
of proposals and the award of the contract. The Department does not
agree that the actual quantities involved will correspond exactly there-
with; nor shall the bidder plead misunderstanding or deception because
of such estimate of quantities, or of the character, location or other
conditions pertaining to the work.
2.3 Examination of Plans, Specifications, and Site of Work. The bidder
shall , before submitting his bid carefully examine the proposal , plans
specifications and form of contract and bond. He shall inspect in detail
the site of the proposed work and familiarize himself with all local
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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2.4 Preparation of the Proposal . The bidder shall submit his proposal on
the forms furnished by the Department. The proposal shall be executed
properly, and bids shall be made for all items indicated in the pro-
posal form. The bidder shall indicate, in figures, a unit price for
each of the separate items called for in the proposal ; he shall show
the products of the respective quantities and unit prices in the column
provided for that purpose, and the gross sum shown in the place indicated
in the proposal shall be the summation of said products. All unit prices
• shall be conditioned on furnishing a bond executed by a corporate surety
company satisfactory to the Department. All writing shall be with ink
or typewriter, except the signature of the bidder which shall be written
with ink.
If the proposal is made by an individual , his name and post office
address shall be shown. If made by a firm or partnership, the name and
post office address of each member of the firm or partnership shall be
shown. If made by a corporation, the proposal shall show the name of
the State in which the Corporation was chartered, the names, titles
and business addresses of the president, secretary, and treasurer and
seal of the corporation shall be affixed and attested by the secretary.
2.5 Rejection of Proposals. Proposals that contain omissions, erasures,
alterations, additions not called for, conditional or alternate bids
unless called for, irregularities of any kind, or proposals otherwise
regular which are not accompanied by a bank cashier's check, or a bank
draft may be rejected as informal or insufficient.
2.6 Proposal Guaranty. Each proposal shall be accompanied by a bank draft
drawn on the New York, Chicago, or St. Louis Exchange, a bank cashier' s
check or a properly 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 sixty (60) days after the opening
of proposals, a bidder may file a written request with the Department
for the withdrawal of his bid and the Department at its discretion, may
permit such a withdrawal .
3.3 Return of Proposal 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 acceptable 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 clean off all cement streaks or drippings,
paint smears or drippings, rust stains, oil , grease, bituminous
materials, dirt and other foreign materials deposited or accumulated
on any structure or curb and gutter due to his operations.
SECTION 5. Control of the Work
5.1 Authority of Engineer. All work shall be done under the supervision
of the Engineer, and to his satisfaction. He shall decide all 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 thereof shall be deducted from compensation due
or which may become due the contractor under the contract.
5.2 Plans and Working Drawings. Plans showing such details as are
necessary to give a comprehensive idea of the construction contem-
plated will be furnished by the Department. The contractor shall
submit to the Engineer for approval such additional shop working,
(Continued)
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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.
53_ 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-
e 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 thereby, there shall be no personal liability upon
the Engineer or his representatives, it being understood that in such
matters he and they act as agents and representatives of the Department.
7. 16 Insurance. The Contractor shall furnish a certificate of insurance
indemnifying and saving harmless the City of Elgin. The insurance
coverages shall not be less than the amounts stipulated below:
Workmen' s Compensation Statuatory
Public Liability $500,000
Property Damage $100,000
SECTION 8. Prosecution and Progress
8. 1 Subletting or Assignment of Contract. If the Contractor sublets the
whole or any part of the work to be done under the contract, he shall
not under any circumstances be relieved of his liabilities and obliga-
tions. All transactions of the Engineer shall be with the Contractor;
subcontractors shall be 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
- - 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, tool's 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:
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(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
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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 bill's 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 i-n 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
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The person or persons to whore 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.
•
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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. "
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April 21 , 1988
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Lyle Avenue Watermain Extension
Railroad License Agreement
PURPOSE: This memorandum will provide the Mayor and City
Council with information to consider the execution of license
agreements with the Chicago and Northwestern Railroad and Metra.
BACKGROUND: The City Council authorized the design of the Lyle
Avenue Watermain Extension at the August 12 , 1987 Committee of
the Whole Meeting. The project design was completed in January,
1988 . The plans and specifications were then presented to both
the Chicago and Northwestern Railroad and Metra for permission
to cross under their rights-of-way.
Both of those organizations have returned license agreements
which will permit the construction of the Lyle Avenue watermain
extension under their facilities . Copies are attached for your
consideration.
FINANCIAL IMPACT: The agreement with Metra is at no cost to the
City. The agreement with the Chicago and Northwestern Railroad
has a fee of $180. 00 per year.
RECOMMENDATION: It is recommended that the City Council direct
the staff to execute the license agreements with the Chicago and
Northwestern Railroad for an annual fee of $180 .00 and Metra at
no cost.
Jame/ J. Cook, City Manager
a - o
Form 2036 - Page 1
Revised 1981
CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY (hereinafter called "Company") hereby li-
censes the CITY OF ELGIN, ILLINOIS (hereinafter called "Licensee") to construct, maiin and
use a 16 inch water main (hereinafter called "facility") upon the property and under the
track of the Company at West Elgin, Illinois in the location and position, and in accordance
with the specifications shown on map dated January 25, 1988 hereto attached marked ExVbit "A"
and, by this reference, made a part hereof.
The foregoing license is given upon such express terms and conditions as are inserted
below, as well as those contained upon the subsequent printed pages, and should the Litemsee at
any time violate any of said terms or conditions, or use or attempt to use said faci;T?ty for
any other or different purpose than that above specified, then the Company may, at its option,
immediately revoke this license.
The foregoing license is subject to the following conditions:
For the privileges herein permitted the Licensee shall pay to the Company, in advance,
a charge of One Hundred Eighty Dollars ($180.00) per annum, or fraction thereof, begtrining
March 1, 1988, subject to revision at any anniversary billing date.
FIRST. The work of construction and maintenance shall be done and completed in good
and workmanlike manner at the sole expense of the said Licensee. Said work shall be done in
such manner as in no way to interfere with or endanger the use of the property or tracks of the
Company, or the operation thereon of any engines, cars or trains. The Chief Engineer of the
Company shall have the right to inspect such work from time to time and to require such changes
to be made as will in his opinion decrease the hazards incident to said facility; but any such
inspection or required changes or any failure to so inspect, or to require changes to be made,
shall not effect any of the obligations assumed by the said Licensee hereunder.
SECOND. The said Licensee shall bear the cost of all protection which the company may
require for its tracks or property during construction and maintenance hereby authorized and of
all repairs, changes , additions or betterments to said Company's track or property made neces-
sary on account of same. If in the judgement of the Company it shall be necessary to provide
support for its tracks during the work of construction or maintenance the Company will provide
such support, and the entire cost thereof will be paid by the said Licensee promptly upon re-
ceipt of bill therefor.
Form 2036 - Page 2
Revised 1981 •
THIRD. The Licensee shall pay all taxes, general and special, license fees or other
charges which may become due or which may be assessed against the premises of the Company
because of the construction, existence, operation or use of said facility, the Licensee, or the
.business conducted in connection with said facility, and shall reimburse the Company for any
such taxes, license fees or other charge which may be paid 'by the Company promptly upon the
presentation by the Company of bills therefor.
FOURTH. The said Licensee will give to the Chief Engineer of the Company at least ten
days' notice in writing before entering upon the right of way of the Company for construction
purposes, or for the purpose of making necessary repairs. The Company reserves the right to
judge of the necessity of repairs to said facility, and to require the Licensee to make such
repairs upon ten days' notice in writing. In such case, said Licensee may enter upon said
right of way without the ten days' notice above referred to, and shall proceed forthwith to
make such repairs, and upon failure to do so within ten days, the Company shall have the right
to make said repairs and collect the entire cost thereof from the Licensee. . The Company
reserves the right, in case in its opinion the safety of its tracks or property demands it, to
make emergency repairs without notice to the Licensee and to collect the cost thereof from
Licensee as herein provided.
FIFTH. Licensee agrees that in the construction, maintenance, and use of the facility,
it will comply with all applicable laws, including, but not limited to, any laws, standards,
regulations, or permit requirements relating -to environmental pollution or contamination or to
occupational health and safety; and Licensee agrees to indemnify and hold harmless the Company
from any and all claims, demands, lawsuit, or liability for loss, fines, damage, injury, and
death and all expenses and costs, including attorneys' fees, resulting from or arising out of
the construction, maintenance, or use of the facility, including any discharge or emission
therefrom or for the violation of any law, standard, regulation, or permit requirement relating
to environmental pollution or contamination, or to occupational health and safety.
SIXTH. It is understood by the Licensee that said facility is subject to and may
increase the dangers and hazards of the operation of the railroad of the Company, and that this
license is subject to all risks thereof. Therefore, and as a material consideration to the
Company for entering into this license and without which the Company will not enter same, ''
Licensee agrees to assume and pay for all loss or damage to property whatsoever, and injury to
or death of any person, or persons whomsoever, including all costs and expenses incident
thereto, however arising from or in connection with existence, construction, maintenance,
repair, renewal , reconstruction, operation, use or removal of said facility, or any defect
therein or failure thereof, or the failure of the Licensee or members, officers, agents or
employees of the Licensee to abide by or comply with any of the terms or conditions of this
license; and the Licensee forever indemnifies the Company against and agrees to save it
harmless from any and all claims, demands, lawsuits or liability for any such loss, damage,
injury and death, costs and expense, even though the operation of the Company's railroad may
have caused or contributed thereto. Notice to or knowledge by the Company of any act or
omission by the Licensee which is or might be a breach by the Licensee of any of the terms or
conditions of this Agreement to be performed by the Licensee, and the acquiescense by t')e
Company in or to such act or omission, shall neither be considered to relieve the Licensee of
any obligation assumed by it under this paragraph nor be considered to be a waiver or release
by the Company of any rights granted to it under this paragraph.
SEVENTH. The Company reserves the right to use, occupy and enjoy its tracks, property
and right of way, for such purpose, in such manner, and at such time as it shall desire, the
same as if this instrument had not been executed by it. If any such use shall necessitate any
change, repair, renewal, removal or relocation of said facility, or any part thereof, the
Licensee shall perform such work at such time as the Company may approve and if the Licensee
fails to do so such work may be performed by the Company at the expense of the Licensee and the
said Company shall not be liable to the Licensee on account of any damage growing out of any
use which the Company • may make of its tracks, property and right of way.
In case any of the terms or provisions of this license have been performed or carried out
prior to the actual date of execution hereof, it is understood and agreed that this license
shall nevertheless be of the same force and effect as though same had been executed by the
parties prior to sur.n performance.
-
Form 2036 - Page 3A
Revised 1981
EIGHTH. The Company shall have the right at any time to revoke this license by giving
thirty days' notice in writing to the Licensee and at the expiration of the time limited by
said notice, or upon any other revocation of this license, the Licensee shall promptly, and in
the manner directed by said Chief Engineer, remove all construction hereby authorized from
the premises of the Company and leave said premises in the same condition in which they were
before the installation of the same. Upon default of the Licensee so to do, the Company may
remove the same and restore its premises, and the Licensee will promptly pay to the Company the
cost of so doing.
NINTH. The waiver of a breach of any of the terms or conditions hereof shall be
limited to the act or acts constituting such breach, and shall never be construed as being
a continuing or permanent waiver of any such terms or conditions, all of which shall be and
remain in full force and effect as to future acts or happenings, notwithstanding any such
waiver.
TENTH. -- This license is personal to said Licensee and is not assignable or
transferable, without the written consent of the Company being first obtained.
ELEVENTH. In further consideration of the Company's giving to the Licensee the rights and
privileges above specified, the Licensee, by the acceptance of this license, hereby agrees that
it will not levy or assess any special tax or special assessment against Company or against or
upon Company's properties for the construction or use of the improvement of which said facility
is a part; and, the Licensee hereby forever indemnifies Company against and agrees to save
Company harmless from any and all claims, demands, lawsuits or liability whatsoever for any
such special tax or special assessment. If notwithstanding the foregoing provisions any such
special tax or special assessment shall be levied or assessed upon or against said Company's
properties, the Company shall have the following elections to wit:
(a) Company may make such payments as may be necessary to satisfy and discharge any liens
for such special tax or special assessment and in case of such payment the Licensee
agrees to make repayment on demand with interest at the rate of five per cent (5%)
per annum from the date of such payment so made by Company.
(b) Company may file this license agreement for recording in the office of the Recorder
of Deeds of the county in which said properties are located and such filing shall
constitute a complete discharge and release of any lien against said Company's
properties for such special tax or special assessment.
(c) Company may terminate this license by filing notice of termination with such Recorder
of Deeds for recording and forwarding a copy thereof through certified or registered
mail , postage prepaid to Licensee whereupon all rights, privileges and interests
herein granted to Licensee shall immediately cease and determine with the right of
Company to make immediate re-entry and without any further obligations or any
liability on the part of Company in respect to any payments, setoffs, counterclaims,
recoupment, crossbills or cross demands.
All rights, remedies and elections of Company shall be cumulative.
TWELFTH. Licensee further agrees that there is no benefit to the Company's properties,
either for railroad use or for any possible use in the future from the construction of the
facility or project of which said facility is a part.
Form 2036 - Page 4A
Revised 1981
In Witness Whereof this instrument is executed this day of ,19
ATTEST: CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY
By
Assistant Secretary Vice President - Engineering
Pursuant to authority granted by resolution of the
of the CITY OF ELGIN, ILLINOIS, adopted
The undersigned, the Licensee mentioned in the foregoing license, hereby accepts the same
subject to the terms and conditions therein stated.
CITY OF ELGIN, ILLINOIS
Attest : By (Seal )
Mayor
City Clerk
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' - _ i.:LASS 32 ELGIN' ,.• .. C..' ' ' . • " . , , , WEST E , ILLINOIS
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. • AS NOV'• rAff JAN 23. 1984
.
'
AGREEMENT NO .
DATE OF CONTRACT
PIPE LINE LICENSE
Commuter Rail Division of the Regional Transportation
Authority, hereinafter called the "Licensor" , hereby grants to
City of Elgin with offices located
at 150 Dpxtpr Court F.1-gun IL 60120-.5555
hereinafter termed 'the ' Licensee ( used as a neuter noun , in
singular number whether representing one or more corporations ,
copartnerships or persons ) , a license for pipe line purposes , and
no other purpose , along the course indicated in yellow on the
print attached hereto , marked Exhibit "A" and by reference made a
part hereof ; and
That for and in consideration of payments to be made to the
Licensor by the Licensee, as hereinafter set forth , and also of
the covenants and agreements hereinafter mentioned to be
observed , kept and performed by the Licensee , Licensor hereby
grants unto the Licensee the right to install a 16 inch pipe-
line , for the purpose of conveying water and
thereafter to maintain , operate and renew the same during the
continuance of this License , across , underneath or along the
right of way and tracks ( or track , as the case may be ) of the
Licensor ;
This License is granted upon the following express condi -
tions , terms and covenants to be observed , kept and performed by
the Licensee .
First : As one of the considerations for the foregoing
License the Licensee agrees to pay to the Licensor the sum of
S N/A as cost of preparation of this agreement , payable in
advance .
As rent , Licensee shall pay Licensor annually, in advance ,
the sum of N/A Dollars ( S N/A )
( hereinafter called "Base Rent " ) . Payment must be made promptly
as stated in the rental billing referred to in Paragraph First
hereof . The Base Rent shall be subject to annual adjustment in
manner and on the terms set forth in Paragraph First hereof .
Licensee shall pay to Licensor , simultaneously with its execution
hereof , the Rent due for the first year of the Term hereby
created .
At the beginning of each calendar year , following the ef-
fective date of this License the Base Rent as defined above , to
be paid by Licensee to Licensor pursuant to Paragraph First ,
shall be increased or decreased by the percentage change in the
consumer price index calculated and determined in the manner set
forth herein . Any increase or decrease shall be in relation to
an index of N/A for the Base Month of N/A , 19N/A
As used in this clause , the following terms shall have the
following respective meanings : ( 1 ) "Bureau of Labor Statistics"
shall mean the Bureau of Labor Statistics of the United States
Department of Labor , Washington , 0 . C . ; (2 ) " Index" shall mean
the "All Items" group of the U . S . City Average Consumer Price
Index for Urban Wage Earners , for the City of Chicago , ( 1967=100 )
issued by the Bureau of Labor Statistics ; ( 3 ) "Base Month" shall
mean the calendar month and year hereinbefore shown ; and (4 )
"Comparison Month " shall mean each calendar month of N/A
occurring after said Base Month during the Term of this License
and during any holding over by Licensor .
The amount of Base Rent stipulated in Paragraph First of
this License shall hereafter be increased or decreased ( but shall
not in any event be less than the amount so stipulated as Base
Rent in this Paragraph First ) by the same percentage of increase
or decrease , as the case may be , in the Index for each Comparison
Month over or under the Index for the Base Month .
Licensor shall render Licensee rent bills showing the in-
creased or decreased amount of rent to be paid by Licensee after
each particular Comparison Month has occurred , however : ( 1 ) the
provisions herein shall not be invalidated or waived , or deemed
to be invalidated or waived , by reason of delay either in render-
ing any rent bill or in the final determination or any dispute
with respect thereto ; and (2 ) the failure of Licensor to render a
rent bill based upon any Comparison Month shall be without
prejudice to the right of Licensor to render a rent bill based
upon any subsequent Comparison Month .
If the Bureau of Labor Statistics shall substitute a new
Base for 1967= 100 Base hereinbefore stipulated as the Index Base ,
Licensor and Licensee agree that such substituted Base , adjusted
and equated to 1967=100 Base in the manner recommended by said
Bureau of Labor Statistics , shall then become and be the Index
for all purposes herein . In the event the Index shall cease to
be published , then for purposes herein , there shall be substi -
tuted for the Index such other Index as Licensor and Licensee
shall agree upon , and if they shall be unable to agree within
sixty ( 60 ) days after the Index ceases to be published , such
matter shall be determined by arbitration in accordance with the
Rules of the American Arbitration Association , and the decision
of the arbitrators shall be enforceable in a court having juris-
diction thereover .
-2-
Second: Said pipe line shall be constructed of Ductile
iron where it passes underneath the tracks of the Licensor ,
and across the Licensor ' s right of way, and it shall be not more
than 16 inches in diameter , inside measurement . Said pipe
line shall be encased in a 30" steel pipe ynder the
Licensor ' s tracks and for a distance of entire width of fkk,t/.kkli right of
SA ilk//0/hilt/Air/WV,//$///fig/040 'kp//0 1//r./1103t///rY9'YVV/iP4efedtP Said way .
pipe shall be laid at a uniform grade entirely across the right
of way of the Licensor , and the top of the pipe line shall be not
less than 5 . 5 feet below the base of rail of any tracks , nor
at any point at a sufficiently shallow depth to be affected by
frost .
Third : The installation of said pipeline , including the dig-
ging and filling of any trench and the time and manner of doing
all of the work or of any repairs or renewals upon the Licensor ' s
right of way, shall be as indicated by its Contract Director , or
his authorized representative . All of said work shall be done in
a good and workmanlike manner , and in accordance with plans ,
specifications , and profiles to be prepared by the Licensee and
submitted for approval to the Licensor ' s Contract Director or his
authorized representative , and until such approval is first had
said work upon the Licensor ' s premises shall not be begun by the
Licensee .
The term " authorized representative" in part shall mean for
purpose of this License the Soo Line Railroad Company, herein-
after referred to as "Soo . " Soo performs the maintenance obliga-
tions for the Licensor on the premises owned by the Licensor
under this agreement .
Fourth : The Licensor shall permit Licensee reasonable right
of entry for the purpose of replacing , repairing , maintaining and
operating said pipeline .
Fifth : The Licensor , shall have the right to retain the
existing tracks and other improvements at the location of this
pipeline , and also shall have the right at any and all times in
the future to construct , maintain and operate over , under , across
or parallel to said pipe line such additional track or tracks as
it may from time to time elect . Nothing shall be done or
suffered to be done by the Licensee that will in any manner
impair the usefulness or safety of the tracks and other improve-
ments of the Licensor , or of such track or tracks and other
improvements as it may in the future construct over , under ,
across , or parallel to said pipe line . The Licensor reserves the
exclusive right to grant future easements under , over , across or
parallel with the said pipe line .
Sixth : The Licensee agrees that it will bear and pay the
entire cost of constructing , maintaining , repairing , replacing
and operating said pipe line .
-3-
If deemed necessary by the Licensor and/or Soo , a flagman
will be provided by Soo , the cost of such services to be paid by
the Licensee . Licensee shall contact L . J . Thorson , Public
Contact Engineer , Soo Line Railroad Company, Telephone ( 612 )
347-8274 , three (3 ) working days in advance of initial entry upon
the Licensor ' s premises and/or for flagmen requirements .
Seventh : The Licensee agrees that it will , immediately upon
receipt of a statement showing the amount thereof, pay all cost
of any and all work performed upon the right of way and tracks of
the Licensor which shall be made necessary by the construction ,
repair , renewal or presence thereon of said pipe line .
Eighth : The Licensee agrees that it will give ample notice
in writing to the Licensor and Soo of the time when it , the
Licensee , will commence any construction , replacement , repair ,
maintenance or operation of said pipeline in order that the
Licensor and/or Soo may, if it so desires , have their representa-
tive present for the purpose of directing said work so that the
same may be done in a manner satisfactory to the Licensor and/or
Soo .
Ninth : The Licensee agrees that before and during the con-
struction , replacement , repair , maintenance or operation of said
pipeline , or at any other time , the Licensor shall have the right
to provide such safe and temporary structures as it may deem
necessary for safely caring for and preserving its tracks , build-
ings or other improvements and the Licensee agrees to pay to the
Licensor the entire cost of putting in or removing such temporary
structures , and of restoring the property of the Licensor as near
as may be to the same condition in which it was before the com-
mencement of said work .
Tenth : The Licensee agrees that if , at any time , the
Licensor shall change the location or grade of its track or
tracks , or shall desire to use its right of way at said point of
crossing or at any point along a parallel course with the pipe-
line for any purpose whatever , Licensee , at its own expense ,
shall make all changes required by Licensor . If the Licensee
shall fail , neglect or refuse to make such change for a period of
thirty ( 30 ) days after the receipt of written notice from the
Licensor , then the Licensor may make such change at the expense
of the Licensee .
Eleventh : Licensee shall at all times construct , replace ,
repair , maintain and operate said pipeline in a secure , safe and
sanitary condition and in accordance with all applicable laws ,
ordinances , rules and regulations . If the manner of construct-
ing, replacing , repairing , maintaining and operating said pipe-
lines shall at any time be in violation of any applicable law,
rule , regulation or ordinance , then Licensee shall at no cost or
-4-
expense to Licensor , upon receipt of appropriate notice from a
governmental agency having enforcement jurisdiction in the
properties , make such changes or repairs as shall be necessary.
Failure or refusal of Licensee to make the required changes or
repairs within the time prescribed by said agency shall terminate
this License , provided that it shall not terminate as long as
Licensee , in good faith and by pursuit of appropriate legal or
equitable remedies , enjoins , defends against , appeals from or
pursues other lawful measures to avoid the enforcement of said
laws , ordinances , rules or regulations .
Twelfth : Licensee hereby assumes and agrees to RELEASE ,
ACQUIT , WAIVE ANY RIGHTS AGAINST AND FOREVER DISCHARGE the
Licensor , the Regional Transportation Authority, and Soo , their
directors , administrators , officers , employees , agents , succes-
sors , assigns and all other persons , firms and corporations , from
and against any and all claims , demands or liabilities imposed
upon them by law or otherwise of every kind , nature and character
on account of personal injuries , including death at any time
resulting therefrom, and on account of damage to or destruction
of property, arising from any accident or incident which may
occur to or be incurred by the Licensee its employees , officers ,
agents and all other persons acting on its behalf while on
Licensor ' s property.
Thirteenth : Licensee agrees to indemnify and hold harmless
the Licensor , the Regional Transportation Authority and Soo ,
their directors , officers , agents and employees , from and against
any and all liabilities , losses , damages , costs , payments and
expenses of every kind and nature ( including attorneys ' fees and
disbursements ) as a result of claims , demands , actions , suits ,
proceedings , judgments or settlements , arising out of or in any
way relating to or occurring in connection with the use or condi -
tions of the premises used pursuant to this License . The
Licensor agrees to notify the Licensee in writing within a rea-
sonable time of any claim of which it becomes aware which may
fall within this indemnity provision . The Licensee further
agrees to defend the Licensor , the Regional Transportation
Authority, Soo and their directors , officers , agents and
employees against any claims , suits , actions or proceedings filed
against any of them with respect to the subject matter of this
indemnity provision , whether such claims , suits , actions or
proceedings , are rightfully or wrongfully made or filed ;
provided , however , that the Licensor , the Regional Transportation
Authority, and Soo may elect to participate in the defense
thereof at their own expense or may at their own expense employ
attorneys of their own selection to appear and defend the same on
behalf of the Licensor , the Regional Transportation Authority,
Soo and their directors , officers , agents or employees . The
Licensee shall not enter into any compromise , or settlement of
any such claims , suits , actions or proceedings without the
•
-5-
consent of the Licensor , the Regional Transportation Authority,
and Soo , which consent shall not be unreasonably withheld .
Notwithstanding anything in this License to the contrary, the
indemnities contained in this paragraph shall survive termination
of this License .
Fourteenth : Prior to commencement of any work to be per-
formed under the terms of this License , Licensee shall require
its contractor ( s ) and/or subcontractor( s ) to purchase the follow-
ing insurance coverage . The total cost of the premium for such
insurance shall be at the expense of the Licensee, its con-
tractor ( s ) and/or subcontractor ( s ) :
1 . Contractor ' s Public Liability Insurance :
The Contractor shall furnish evidence that , with
respect to the operations it performs , it carries
regular Contractor ' s Public Liability Insurance
providing for a limit of not less than $2 ,000 ,000
single limit , bodily injury and/or property damage
combined , for damages arising out of bodily injuries
to or death to or destruction of property, including
the loss of use thereof , in any one occurrence .
2 . Contractor ' s Protective Public Liability Insurance :
The Contractor shall furnish evidence that , with
respect to the operations performed by subcon-
tractors , it carries in its own behalf regular
Contractor ' s Protective Public Liability Insurance
providing for a limit of not less than $2 ,000 ,000 ,
single limit , bodily injury and/or property damage
combined , for damages arising out of bodily injuries
to or death of all persons in any one occurrence and
for damage to or destruction of property, including
the loss of use thereof , in any one occurrence .
3 . Railroad ' s Protective Liability Insurance :
In addition to the above , the Contractor shall
furnish evidence , with respect to the operations it
or any of its subcontractors perform , that it has
provided Railroad Protective Public Liability Insur-
ance (AAR-AASNTO form) , in the name of the Licensor ,
the Regional Transportation Authority, and the Soo ,
providing for a limit of not less than $2 , 000 ,000
single limit , bodily injury and/or property damage
combined , for damages arising out of bodily injuries
to or death of all persons in any one occurrence and
for damage to or destruction of property, including
the loss of use thereof , in any one occurrence . Such
insurance shall be furnished with an aggregate of not
less than $6 ,000,000, for all damages as a result of
more than one occurrence .
-6-
Soo requires an amendment under Coverage C for Rail -
road Protective Liability. Amendment GL 00 30 03 83
is attached hereto and made a part of this License .
The insurance hereinbefore specified shall be carried
until all work required to be performed under the
terms of this License is satisfactorily completed and
formally accepted . Failure to carry or keep such
insurance in force until all work is satisfactorily
completed shall constitute a violation of the
License . The Contractor shall furnish to the
Licensor signed copies of the policy for Contractor ' s
Public Liability Insurance and original of the AAR-
AASHTO policy for Railroad ' s Protective Public
Liability Insurance . If any work is subcontracted ,
the contractor shall furnish a signed copy of the
policy for Contractor ' s Protective Liability Insur-
ance .
Fifteenth : This License may be terminated by either party
• giving to the other thirty ( 30 ) days ' written notice of its
intention so to do . In case of termination the Licensee shall
remove from the right of way of the Licensor said pipe line and
shall restore said right of way, to its condition prior to the
construction and installation of said pipe line; or upon failure ,
neglect or refusal of the Licensee so to do , the Licensor may
make such removal and restoration , and the total cost hereof
shall be paid by the Licensee immediately upon receipt of a
statement ; or , if the Licensor shall so elect , it may treat the
said pipe line as abandoned by the Licensee , and may make such
disposition thereof as it may see fit .
Sixteenth : This License and all of the terms , conditions ,
rights and obligations herein contained shall inure to and be
binding upon the Licensor , its successors , lessees, and assigns ,
and upon the Licensee , and the successors , assigns , lessees ,
heirs , executors , administrators , legal and personal representa-
tives of Licensee whether hereinbefore so stated or not ; but it
is distinctly agreed that the Licensee shall not assign its
rights under this License without the written consent of the
Licensor first had and obtained .
Seventeenth : The unenforceability or illegality of any
clause or section of this Pipe Line License shall not affect the
enforceability or legality of the remaining clauses and sections .
-7-
IN WITNESS WHEREOF, the parties hereto have duly executed
this License as of the day of •
COMMUTER RAIL DIVISION OF THE
ATTEST : REGIONAL TRANSPORTATION AUTHORITY ,
BY :
Maureen McClelland James E . Cole
Assistant Secretary Executive Director
ATTEST : City of Elgin
LICENSEE
BY :
•
PipeLineLic (MilwDstrct ) /KJH : pk/2-9-88/053
-8-
AMENDMENT GL 00 30 03 83
It is agreed that insuring Agreement 1 "Coverage C - Physical
Damage to Property" is amended to read :
To pay for direct and accidental loss of damage to
Railroad tracks , roadbeds , catenary , signals , bridges ,
buildings , rolling stock and their contents , mechanical
construction equipment , or motive power equipment ,
hereinafter called loss , arising out of acts or
omissions at the designated job site which are related
to or are in connection with work described in Item
of the declarations ; provided such property is owned by
the name insured or is leased or entrusted to the name
insured under a lease or trust agreement .
-9 -
\ .
I
1 \ ..
— --- BIG TInnBER ROAD /36. CHICAGO t NORTHWESTERN h
COMMUTER STATIaNI / t---1
t PARKING AREA __ ! / .I{.
/ T" SO' I SJ'
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AT IMP 33.ez (V S. 2100-50), 30 FT SOUTHEAST OF THE PROPOSED
I, CtvTERL E OF LYLE IW NUE ECENOED (MEASURED ALONG THE
16 y4wE I y ALT CENTERLI NE OF THE EASTBOUND M.11N)! A 'r 1.U. STEEL CASING
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/� c" out-LE I?oN U''LRATi:'.G PRESSURE OF 70 PSI IDESIG"‘ED Fli/? 3C)U P-S/.)•
SCALE: 1-.50, / 2 .VATEA M•N
TIi, f•C,L,Tr Y.ILL at O:'.NcD :IN) AV/NTalIED By THE CITY OF ELGIN.
July 20 , 1988
MEMORANDUM
TO: Mayor and Members of the City.Council
FROM: City Manager
SUBJECT: Lyle Avenue Water Main Extension
PURPOSE: This memorandum will provide the Mayor and Council
with information to consider the award of a contract for the
subject project.
BACKGROUND: In order to provide adequate water supply and
sufficient pressures for fire protection, we had identified a
need for a sixteen (16) inch water main from the intersection of
Royal Boulevard and Lyle Avenue north to Big Timber Road. The
City Council at their August 12 , 1987 meeting authorized an
engineering contract for the design of this water main.
The project to install the water main extension went out for
bids and the proposals were opened on July 6 , 1988 . There were
seven bidders for this work. Six of the bidders submitted
proper bid proposals and one bidder failed to provide a bid
security with the submitted proposal. When this occurs, a bid
is automatically rejected because it does not meet the bidding
requirements.
The low bidder was Gerardi Sewer and Water Co. of Norridge,
Illinois. Gerardi Sewer and Water Co. has never worked for the
City of Elgin. So references were requested and checked. Six
Chicago area municipalities which Gerardi has previously worked
for were contacted. Two of the municipalities contacted were
not on their list of references . Each community had water mains
installed by Gerardi . The overall consensus was that the
contractor performs good underground utility work when there is
constant project supervision by an experienced inspector. If
there is no inspector present, the quality of the job goes down.
Also, the contractor does not provide a good job when performing
the restoration of the site when the underground work is com-
pleted. One municipality had to have their own Public Works
Department complete the restoration work after the water main
was installed. When there was extra work required to complete
the contract, an inspector had to be on the job to make a
detailed record of each item used in the extra work.
The next low bidder was Gluth Bros. Construction, Inc. of
Woodstock, Illinois. Gluth Bros. has satisfactorily completed
many projects for the City of Elgin in the past and are current-
ly working in the project area with the installation of under-
ground utilities in the Valley Creek Subdivision.
a
Mayor and Members of
the City Council
July 20 , 1988
Page 2
FINANCIAL IMPACT: There is $120 ,000 .00 in funds allocated for
this project in the budget under the Water Operating Fund
(Appropriation #400-990-9904) . The remainder of the funds
required to complete this project are available from the Water
Department' s Contingency Fund. A bid tabulation sheet is
attached for your consideration.
CONCLUSION: The information provided to the City of Elgin
during the reference check of Gerardi Sewer and Water indicated
that constant project supervision would be required. This means
we would need to have an inspector at the job site at all times
to be sure that the work was performed in a satisfactory manner
and in accordance with the plans and specifications. Because of
our heavy work load, we had not intended to do this .
The difference in the cost of the work between the low bidder
(Gerardi) and the second low bidder (Gluth) is only $2,238 .00 .
The monthly salary of an inspector is greater than this.
It is recommended that the City Council reject the low bid and
award the contract to Gluth Brothers Construction, Inc. for
$179 , 208 .50 .
James . 'ook, City Manager
Attachment
CITY OF ELGIN ENGINEER'S 81011 BID12 BID13
TABULATION OF BIDS ESTIMATE
OF COST NAME GERAF)I NAME GLUTH BROS. NAME ECONOMY E(C.
ADDRESS 4520 N. C'8,:iGE ADDRESS 1151 LAKE AVE. ADDRESS 1567 SEINE RD
CITY OF ELGIN NORRIDGE, IL WOODSTOCK, IL FREEPO,T, IL
k.ANE COUNTY, ILLINOIS 60656 6)099 61032
LYLE AVENUE WATERMAIN EXTENSI3N
CITY COST CENTER 3022 PHONE (312) 453-4715 PHONE (915) 338-1662 PHONE
JULY 6, 1983
11:00 A.M. BID AS READ $176,970.50 BID AS READ $179,209.50 BID AS READ $189,284.0;0
TOTAL EST. $197,615.00 AS CORRECTED$176,970.50 AS CORRECTED$17'7,209.50 AS CORRECTED$189,(:',=.00
ITEM UNIT !QUANTITY UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
DUCTILE IRON WATERMAIN, 16" L.F. 3170 $32.00 1101,440.00 $28.00 $88,760.00 $36.00 3114,120.00 $34.00 $107,73'.00
DUCTILE IRON ATERMA1N, 8' L.F. 40 124.00 $950.00 326.00 $1,040.00 320.00 $900.00 $25.00 $1,00.00
DUCTILE IRON WATERMAIN, 6' L.F. 22 120.0) $44').00 324.00 $528.00 $18.00 3395.00 $22.00 $424.00
FIRE HYDRANT WITH AUXILIARY )AL'iE EA. 2 $1,200.00 12,400.00 11,375.00 $2,750.00 $1,400.00 $2,800.00 $1,400.00 $2,800.00
VALVE VAULT, 5' EA. 6 31,200.0') 37,200.00 $1,400.00 $8,400.00 11,000.00 $6,000.00 $900.00 $5,4:0.x)0
VALVE VAULT, 4' EA. 3 $1,C')0.00 13,000.00 $875.00 $2,525.01 $8)0,00 $2,'0.0.0-0 $200.00 $2,4:0.00
VALVE, 16* EA. 5 $1,60'.'.' ) 13,4 0) $3,325.00 116,625.00 $2,000.00 $10,000.00 12,090.00 $10,, 11.'0)
VALVE, 12 EA. 1 51,100,(,1 $1,1 0.00 1840.00 $840.00 59)0.i0 53000.00 $1,000.00 $1,0-(;:x.00
V4LVE, E' EA. 2 $1,00;0,00 $2,000.00 $420.00 $840.00 $700.00 $1,000.00 $900.00 $1,80).000
VALVE, 6' EA. 1 1800.00 $800.00 1300.00 $300.00 1300.10 1300.00 $600.00 $600.00
STEEL CASING PIPE (1,2' THICKNESS) L.F. 210 $190.00 $39,900.00 $200.00 $42,000.00 $150.00 531,500.00 $215.00 $45,15,).0)
JACKED AND AUSERED
CAST IRON FITT:N55 LBS. 8300 $1.50 112,450.00 $1.00 18,300.00 $1.00 53,500.00 $1.00 $8,3)0.00
POLYETHYLENE ENC)SENENT lDISCRETIONARY) L.F. 3170 $2.50 $7,925.00 31.25 $3,962.50 $0.25 3792.50 $1.00 $3,170.00
81014 BIDI5 BID16
NAME B&H PLUMBING ►, NAME ILLINOIS HYDRAULIC NAME MOSELE & ASSOC., INC
ADDRESS HEATING ADDRESS P.O. BOX 545 ADDRESS 551 EDENS LANE
180-198 LAKE MARIAN ELGIN, IL NCRTHFIELD, IL
CAFPENTERSVILLE, IL 60121 60093
60110
PHONE PHONE PHONE
BID AS READ $206,645.50 BID AS READ $212,447.00 BID AS READ $313,307.00
AS CORRECTED$206,645.50 AS CORRECTED$232,447.0 AS CCRRECTED$313,307.00
UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
$39.00 $123,530.00 $43.00 $135,310.00 $56.00 $209,220,00
$26.00 $1,040.00 $38.00 $1,520.00 $41.0) $1,640.00
$24.00 $528.00 $36.00 $792.00 136.00 1772.0)
$1,500.00 $3,000.00 11,480.000 $2.960.00 $1,500.00 $3,000.00
$1,500.00 $9,000.00 $1,350.00 13,100.00 $1,500.00 $9,000.00
$1,200.00 $3,600.00 $1,110.00 $3,330.00 $1,450.00 $4,3500,00
$2,100.00 $10,500.00 $1,340.00 $9,200.00 13,50.00 117,500.00
$750.00 $750.00 $900.00 $900.00 $1,000.00 $1,000.00
$450,00 $900.00 $500.00 $1,000.00 370(J,00 $1,400.00
$325.00 $325.00 $340.00 $340.00 $500.0) 3500.00
$t76.00 $26,950.00 $230.00 $48,300.00 4190,01 139,900.00
$1.50 $12,450.00 $1.80 $14,940.00 $2,50 320,750.00
$1.25 $3,962.50 $1.50 $4,755.00 $1.50 14,755.0