16-31 Resolution No. 16-31
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
WESTECH ENGINEERING, INC.
FOR STRUCTURAL REHABILITATION SERVICES IN CONNECTION
WITH THE RIVERSIDE WTP TREATMENT TRAIN TWO
STRUCTURAL REHABILITATION PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute an agreement on behalf of the City of Elgin with WesTech
Engineering, Inc. for structural rehabilitation services in connection with the Riverside WTP
Treatment Train Two Structural Rehabilitation Project,a copy of which is attached hereto and made
a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: February 24, 2016
Adopted: February 24, 2016
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is dated this \CA day of 'e-F> ARI , 2016, by and
between the City of Elgin, an Illinois Municipal Corporation (herein called"City") and WesTech
Engineering, Inc. (herein called"Contractor"), a corporation with a principal place of business at
3665 South West Temple, Salt Lake City,Utah, 84115.
WHEREAS, an inspection performed in 2015, identified a need to repair and rehabilitate
the Primary Clarifier Number 3 located at the Riverside Water Treatment Plant;and
WHEREAS,the City depends on this clarifier to treat approximately one-half of the daily
flow through the Riverside WTP, which requires the clarifier to be in operational condition for
the high flow summer season it has been determined that it is necessary and desirable to expedite
the repair and rehabilitation of the clarifier to prevent a catastrophic failure of the equipment;and
WHEREAS, the City has determined that components and services provided by the
Original Equipment Manufacturer (OEM) would be of substantial benefit to the continued
operation of the clarifier; and
WHEREAS,the City Council has deemed Contractor to have submitted a responsive and
responsible proposal for Riverside WTP Treatment Train Two Structural Rehabilitation,
hereinafter referred to as"Work".
NOW THEREFORE, in consideration of the mutual promises and covenants herein, the
sufficiency of which is hereby acknowledged,the parties hereto hereby agree as follows:
Article 1. Work.
Contractor shall complete the Work as specified in the Contract Documents.
The Work is generally described as follows:
The Contractor will provide labor, supervision, parts and tools to repair the existing Water
Treatment Train Two. The Contractor will provide site mobilization and demobilization
including personnel, equipment and travel to and from the job site. The Contractor will provide
cranes, mats and rigging as required and support of the clarifier super structure as needed. Parts
and fasteners needed to complete the repairs shall be per the OEM design and fabrication
standards and shall be of equal or greater quality than originally installed. The Work is further
summarized and described in Contractor's proposal dated February 18, 2016, consisting of nine
(9)pages.
Article 2. ENGINEER.
The Work has been designed by the City of Elgin.
Article 3. Work COMPLETION,LIQUIDATED DAMAGES,DELAYS AND DAMAGES.
3.1. Work Completion. Final Completion of the work shall be completed by the Contractor in
49 calendar days from the issue of the Notice to Proceed. In the event of any conflict between
these dates and dates elsewhere in the Contract Documents, these dates shall prevail. Time is of
the essence of this Agreement.
3.2. Liquidated Damages. City and Contractor agree that as reasonable liquidated damages for
delay (but not as a penalty) Contractor shall pay City $500 for each day beyond the time
specified for Final Completion. Contractor agrees and acknowledges that such liquidated
damages constitute a reasonable estimate of City's actual damages. Such liquidated damages
shall constitute City's sole recourse for and shall constitute full satisfaction of City's actual
damages resulting from Contractor's delay. Contractor further acknowledges and agrees that in
the event any provisions in any of the Contract Documents conflict with the provisions of this
paragraph or otherwise provide for damages resulting from Contractor's delay, the provisions of
this paragraph shall control, and such conflicting provisions and any Contract Documents shall
not constitute, and shall not be construed as, a basis by which to render the provisions of this
paragraph unenforceable.
3.3. Delays and Damages. In the event Contractor is delayed in the prosecution and completion
of the Work or achievement of any Contract Times because of any delays caused by City
Contractor shall have no claim against City for damages or contract adjustment other than an
extension of the Contract Times as provided herein and the waiving of liquidated damages
during the period occasioned by the delay.
Article 4. CONTRACT PRICE.
City shall pay Contractor $97,056.00 as indicated in the Contractor's Proposal for completion of
the Work in accordance with the Contract Documents.
Article 5. PAYMENTS.
5.1. Payments. City shall make payments on the basis of Contractor's Applications for Payment
as recommended by the City's Water Director, in conformance with the City of Elgin's accounts
payable schedule. All payments shall be based on the progress of the Work measured by the
schedules provided in the Contract Documents. Notwithstanding anything to the contrary in any
Contract Documents, City shall be entitled to withhold any payments pending the submission of
partial or full waivers of lien and/or certifications verifying the receipt of payment for all work
performed by all subcontractors up to the date of Contractor's application for partial or final
payment in City's sole discretion. City shall further be entitled to make such payments directly
to any subcontractors as may be necessary to obtain such lien waivers and/or certifications. In
the event City makes any such payments directly to any subcontractors, the amount of such
payments shall be deducted from the total amount due to Contractor pursuant to this agreement;
and Contractor shall provide a written release to City in the amount of any such payments upon
ten (10) days written demand. Concurrent with all applications for payment, Contractor shall
-2-
provide City with a sworn certification of all work performed by all subcontractors and amounts
paid to all subcontractors as of the date of application.
5.2. Retainage. City may withhold, from all payments prior to Substantial Completion, an
amount equal to up to ten percent(10%)of work completed, at City's sole discretion.
Upon Substantial Completion, City may release a portion of the retainage to Contractor,
retaining at all times an amount sufficient to cover the cost of the Work remaining to be
completed, at City's sole discretion.
The time for payment of any retainage from City to Contractor shall be at City's sole discretion.
Such payment shall not be unreasonably withheld.
5.3. Final Payment. The City shall not be required to make final payment prior to completion
and acceptance of the Work by the City.
Article 6. CONTRACT DOCUMENTS.
There are no Contract Documents other than those listed below. The Contract Documents which
comprise the entire agreement between City and Contractor concerning the Work consist of the
following:
a. This Agreement.
b. Certificates of Insurance.
c. Bonds.
d. Notice of Award.
e. Notice to Proceed.
f. Standard General Conditions of the Construction Contract, as modified by the
City of Elgin,Revised 07/2006.
h. Inspection Report and Photos.
j. Any Addenda.
k. Contractor's Proposal.
I. City Forms.
m. Any subsequent Written Amendments to any documents listed above and other
documents amending, modifying, or supplementing the Contract Documents,
- 3 -
which may be delivered or issued after the Effective Date of the Agreement and
are not attached hereto.
This Agreement and the Contract Documents listed above comprise the sole and exclusive
Agreement between the parties hereto. There are no other agreements between the parties hereto
either oral or written, and neither this Agreement nor any Contract Documents shall be modified
or amended without the written consent of the authorized representatives of the parties hereto.
Article 7. MISCELLANEOUS.
a. Terms used in this Agreement shall have the meanings indicated in the General
Conditions.
b. No assignment or delegation by a party hereto of any rights under, obligations or
interests in the Contract Documents shall be binding on another party hereto
without the written consent of the party sought to be bound; and specifically but
without limitation moneys that may become due and moneys that are due may not
be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law); and unless specifically stated to the contrary in
any written consent to an assignment,no assignment shall release or discharge the
assignor from any duty or responsibility under the Contract Documents.
c. City and Contractor each binds itself, its partners, successors, employees, assigns,
and agents to the other party hereto, its partners, successors, employees, assigns,
and agents in respect of all covenants, agreements, and obligations contained in
the Contract Documents.
d. The business address of Contractor is hereby designated as the place to which all
notices, letters, and other communication to Contractor shall be mailed or
delivered. The address of City is hereby designated as the place to which all
notices, letters, and other communication to City shall be mailed or delivered.
Such notices, letters and other communications shall be directed to the City's
Public Services Director. Either party may change its address at any time by an
instrument in writing delivered to Engineer and to the other party.
e. The terms and provisions of this Agreement shall be severable. In the event any
of the terms or provisions of this Agreement shall be deemed to be void or
otherwise unenforceable for any reason, the remainder of this Agreement shall
remain in full force and effect.
f. This Agreement shall be subject to and governed by the laws of the State of
Illinois. Venue for the resolution of any disputes and the enforcement of any
rights arising out of or in connection with the Agreement shall be in the Circuit
Court of Kane County, Illinois.
-4-
g. This Agreement shall not be construed so as to create a partnership,joint venture,
employment or agency relationship between the parties hereto except as may be
specifically provided for herein.
h. In the event of any conflict between any of the terms or provisions of this
Agreement and any other Contract Documents, the terms and provisions of this
Agreement shall control.
i. Indemnification. To the fullest extent permitted by law, Contractor agrees to and
shall indemnify, defend and hold harmless the City and its officers, employees,
boards and commissions from and against any and all claims, suits, judgments,
costs, attorneys' fees, damages or any and all other relief or liability arising out of
or resulting from or through, or alleged to arise out of, any acts or negligent acts
or omissions of Contractor or Contractor's officers, employees, agents or
subcontractors in the performance of this agreement, or arising out of or in
connection with litigation based on any mechanic's lien or other claims, suits,
judgments and/or demands for damages by subcontractors. In the event of any
action against the City, its officers, employees, agents, boards or commissions
covered by the foregoing duty to indemnify, defend and hold harmless, such
action shall be defended by legal counsel of City's choosing. In the event and to
the extent that any legal work is performed by City's in-house legal counsel
pursuant to the provisions of this section, City shall be reimbursed by Contractor
for such legal work at the rate of $200 per hour, which rate Contractor hereby
agrees and acknowledges to be a reasonable rate for such in-house attorneys'fees.
The provisions of this paragraph shall survive any expiration and/or termination
of this agreement.
j. Compliance with Laws. Notwithstanding any other provision of this
CONTRACT it is expressly agreed and understood that in connection with the
performance of this CONTRACT that the CONTRACTOR shall comply with all
applicable Federal, State, City and other requirements of law, including, but not
limited to, any applicable requirements regarding prevailing wages, minimum
wage,workplace safety and legal status of employees. CONTRACTOR shall also
at its expense secure all permits and licenses,pay all charges and fees and give all
notices necessary and incident to the due and lawful prosecution of the work,
and/or the products and/or services to be provided for in this CONTRACT. The
CITY shall have the right to audit any records in the possession or control of the
CONTRACTOR to determine CONTRACTOR'S compliance with the provisions
of this section. In the event the CITY proceeds with such an audit the
CONTRACTOR shall make available to the CITY the CONTRACTOR'S relevant
records at no cost to the CITY. CONTRACTOR shall pay any and all costs
associated with any such audit. Without limiting the foregoing, CONTRACTOR
hereby certifies, represents and warrants to the CITY that all CONTRACTOR'S
employees and/or agents who will be providing products and/or services with
respect to this CONTRACT shall be legal residents of the United States.
-5 -
k. Waiver of Any Claims To Interest. Contractor hereby waives any and all claims
to interest on money claimed to be due pursuant to this Agreement, and all such
rights to interest to which it may otherwise be entitled pursuant to law, including,
but not limited to, pursuant to the Local Government Prompt Payment Act, as
amended (50 ILCS 505/1, et.seq), or the Illinois Interest Act as amended (815
ILCS 205/1, et.seq).
I. Limitation of Actions. Contractor shall not be entitled to and hereby waives, any
and all rights that it might have to file suit or bring any cause of action or claim
for damages against the City of Elgin and/or its affiliates, officers, employees,
agents, attorneys, boards and commissions, of whatsoever nature and in
whatsoever forum after two (2)years from the date of this Agreement.
m. Prevailing Wage Act. This Agreement calls for the construction of a "public
work"within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01
et seq. (the "Act"). The Act requires contractors and subcontractors to pay
laborers,workers, and mechanics performing services on public works projects no
less than the current "prevailing rate of wages" (hourly cash wages plus amount
for fringe benefits) in the county where the work is performed. The Illinois
Department of Labor publishes the prevailing wage rates on its website at
http://labor.illinois.gov/. The Illinois Department of Labor revises the prevailing
wage rates and the contractor/subcontractor has an obligation to check the Illinois
Department of Labor's website for revisions to prevailing wage rates. For
information regarding current prevailing wage rates, please refer to the Illinois
Department of Labor's website. All contractors and subcontractors rendering
services under this Agreement must comply with all requirements of the Act,
including but not limited to, all wage requirements and notice and record keeping
duties.
n. Corporate Status. The entity submitting this bid or proposal hereby warrants and
represents that to the extent it may be applicable, it is registered with the Illinois
Secretary of State's Office or has been incorporated in the State of Illinois; and
such entity further hereby warrants and represents that it is in good standing in the
state of its incorporation or organization.
o. Execution. This agreement may be executed in counterparts, each of which shall
be an original and all of which shall constitute one and the same agreement. For
the purposes of executing this agreement, any signed copy of this agreement
transmitted by fax machine or e-mail shall be treated in all manners and respects
as an original document. The signature of any party on a copy of this agreement
transmitted by fax machine or e-mail shall be considered for these purposes as an
original signature and shall have the same legal effect as an original signature.
Any such faxed or e-mailed copy of this agreement shall be considered to have
the same binding legal effect as an original document. At the request of either
-6 -
party any fax or e-mail copy of this agreement shall be re-executed by the parties
in an original form. No party to this agreement shall raise the use of fax machine
or e-mail as a defense to this agreement and shall forever waive such defense.
IN WITNESS WHEREOF, City and Contractor have signed this Agreement. One
counterpart each has been delivered to City, Contractor,and Surety.
This Agreement shall be effective on ,2016.
CONTRACTOR: WesTech Engineering,Inc. CITY: City of Elgin
By: a. By:
Title: V t c-1- f r GS ldt.4 Title:
Address for giving notices: Address for giving notices
WesTech Engineering, Inc. City of Elgin
3665 South West Temple 150 Dexter Court
Salt Lake City, Utah 84115 Elgin, Illinois 60120
Attention: David Mortensen Attention: Kyla Jacobsen,
Water Director
FEIN#: 94 Z-229
F:U-egal Dept\Agreement\WesTech Engineering clean 2-16-I6.docx
-7-
party any fax or e-mail copy of this agreement shall be re-executed by the parties
in an original form. No party to this agreement shall raise the use of fax machine
or e-mail as a defense to this agreement and shall forever waive such defense.
IN WITNESS WHEREOF, City and Contractor have signed this Agreement. One
counterpart each has been delivered to City,Contractor,and Surety.
This Agreement shall be effective on February 24 ,2016.
CONTRACTOR: WesTech Engineering,Inc. CITY: Ci •:,' gin
By: ' 4.? By: _■d i I �L
i e-G' . ega
Title: Vtca. �tts<<lt K.1- Title: Cit aver
Attest:
ity er
Address for giving notices: Address for giving notices
WesTech Engineering,Inc. City of Elgin
3665 South West Temple 150 Dexter Court
Salt Lake City, Utah 84115 Elgin,Illinois 60120
Attention:David Mortensen Attention: Kyla Jacobsen,
FEIN#: 94 '"
2229(014- Water Director
F:\Legal Dept\Agreement\WesTech Engineering clean 2-16-16.docx
-7-
Bond No:9197075
PERFORMANCE BOND
We,the undersigned, WesTech Engineering, Inc.
(Name of Contractor)
3665 South West Temple, Salt Lake City, UT 84115
(Address of Contractor)
Corporation (Corporation, Partnership, or Individual)
hereinafter called "Principal", and Fidelity and Deposit Company of Maryland
(Name of Surety)
6550 South Millrock Drive,#300, Salt Lake City, UT 84121 , (Address of Surety)
hereinafter called "Surety", are held and firmly bound unto the CITY OF ELGIN, 150 Dexter Court,
Elgin, II 60120, hereinafter called "Owner", in the sum of
Ninety-Seven Thousand Fifty-Six&No/100** Dollars ($ 97,056.00 ).
We hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns.
Principal has entered into a certain contract with Owner, dated the 19th day of
February , 2016 , a copy of which is attached hereto and made a part hereof, for the project
known as:
Riverside WTP Treatment Train Two Structural Rehabilitation
and Principal and Surety hereby bind themselves to Owner for the performance of the contract.
Now, therefore, if Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions, and agreements of said contract during the original term
thereof, and any extensions thereof which may be granted by Owner, with or without notice to Surety
and during the guaranty period set forth in the contract, and if it shall satisfy all claims, obligations,
requirements and demands incurred pursuant to such contract, and shall fully indemnify and save
harmless Owner from all costs, damages, suits, causes of action and any and all other liability of
whatsoever nature, which it may suffer by reason of Principal's failure to do so, and shall reimburse
and repay Owner all outlay and expense which Owner may incur in making good any default, then
this obligation shall be void; otherwise,this bond shall remain in full force and effect; provided, further,
that the said Surety for value received hereby agrees that no change, extension of time, alteration or
addition to the terms of such contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any way affect its obligation on this Bond. Surety hereby waives
notice of any such changes, extensions of time, alterations or additions to the terms of such contract
or to the work or specifications provided for therein.
Provided, further, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder whose claim may be unsatisfied.
IN WITNESS WHEREOF,this instrument is executed on this 3rd day of March , 2016 .
WesTech Engineering, Inc. Fidelity and Deposit Company of Mary?ana
CONTRA TOR AS PRIN PAL SURETY
( ignature) / � ?'. I-
Name -•• itle:<444.6 Q./ /"ry5'N Name and Title: Andrew Rendon,Attorney-in-Fact
c
�r .
SEAL
110001111
* 417k 21,AC *
C4LIF000t4
Bond No: 9197075
PAYMENT BOND
We,the undersigned, WesTech Engineering, Inc.
(Name of Contractor)
3665 South West Temple, Salt Lake City, UT
(Address of Contractor)
Corporation (Corporation, Partnership or Individual),hereinafter called "Principal", and Fidelity and Deposit
Company of Maryland (Name of Surety) 6550 South Millrock Drive, #300, Salt Lake City, UT 84121
(Address of Surety)
hereinafter called "Surety", are held and firmly bound unto the CITY OF ELGIN, 150 Dexter Court, Elgin,
IL 60120, hereinafter called "Owner", in the sum of Ninety-Seven Thousand Fifty-Six&No/100** Dollars
($ 97,056.00 ). We hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors and assigns.
Principal has entered into a certain contract with Owner dated the 19 day of February ,20 16 ,
a copy of which is attached hereto and made a part hereof, for the project known as :
Riverside WTP Treatment Train Two Structural Rehabilitation
Now, therefore, if Principal shall promptly make payment to all persons, firms, subcontractors, and
corporations furnishing materials for or performing labor in the prosecution of the work provided for in
such contract, and any authorized extension or modification thereof, and not less than the general
prevailing rate of hourly wages of a similar character in the locality in which the work is performed, as
determined by the State of Illinois Department of Labor pursuant to the Illinois Compiled Statues 280
ILCS 130 / 1-12 et. seq. including all amounts due for all materials used in connection with the work,
and shall promptly make payment for all insurance premiums on said work, and for all labor performed
in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise this
bond shall remain in full force and effect.
Surety for value received hereby agrees that no changes, extension of time, alteration or addition to the
terms of the contract or to the work to be performed there under or the Specifications accompanying the
same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such
changes, extensions of time, alterations or additions to the terms of the contract or to the work or
specifications.
Provided, further, that no final settlement between the Owner and the Contractor shall abridge the right
of any beneficiary hereunder whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed on this 3rd day of March , 2016
WesTech Engineering, Inc. Fidelity and Deposit Company of Maryland
CONTRAC OR AS PRINCIPAL SURETY
-� e' Ifilw��
(Signature) ,/ I t igna
Name and Title: c%f5 R.i1 J r7J Name and Title:Andrew Rendon,Attorney-in-Fact
G`0a ✓/Ci- PPE6*,J7"
r
3 Fp SEAL
le
e LIFOCk
'.
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said
Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby
nominate, constitute,and appoint Terry BUCKNER,J.Michele BURRASTON,Randy C. EMERY,Chris LUND,Douglas G. BALL,
Bradley K. NIELSON, Vickie NELSON, Monica E. NELSON, Dennis M. GROSS and Andrew RENDON, all of Salt Lake City,
Utah, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its
act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be
as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the
regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly
elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the
regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their
own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 23rd day of July,A.D.2014.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
p o etpe,,,
62AL 11 g tew
r.n„
.0*".._".",
! � ,"'w
IS S
3 U o
:; ifff isoe
'.t,-0.* r,
N`
--ff4,_:, ,e), 4,-,--i---- 4. ./.iw
Secretary Vice President
Eric D.Barnes Thomas O.McClellan
State of Maryland
County of Baltimore
On this 23rd day of July,A.D.20I4,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qua:ie3,THOMAS O.
MCCLELLAN,Vice President,and ERIC D.BARNES,Secretary,of the Companies,to me personally known to be the individuals and officers described
in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the
said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said
Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
,,,s::.",,,,
7
Constance A.Dunn,Notary Public
My Commission Expires:July 14,2019
POA-F 020-8008A
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of
the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President, Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 3rd day of March ,20 16 .
,j.fe , mia .w
w
y rn� tea' SEAL
Gerald F.Haley,Vice President
OF c.t.
r�ti
III1)10'
City of Elgin, Illinois
Certification Requirements
Please submit all required forms and documentation, fully completed and signed,
with your proposal. No proposal will be accepted without this information.
To assure compliance with the City of Elgin's Affirmative Action Ordinance, all contractors and
vendors. Herein referred to as"bidders",are requested to submit the following information:
a. Workforce analysis using the enclosed Bidder's Employee Utilization form.
b. Provide the information required in Item #3 on the employee utilization form if the answer to
Question#2 on the form is"Yes".
c. Provide a written commitment outlining the steps that the bidder plans to take in the area of
recruitment and promotion of minorities and females to assure equal employment opportunity.
(A copy of the bidder's affirmative action plan may be submitted in lieu of this requirement.)
2. To assure compliance with the City of Elgin's Sexual Harassment Ordinance, all bidders must
submit a signed sexual harassment form enclosed with the Invitation to Bid.
3. The undersigned certifies that the offerer is not delinquent in the payment of any tax administered
by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax.
4. The undersigned certifies that the offerer is not barred from offering on this solicitation as a result
of a conviction for the violation of State law prohibiting bid-rigging or bid-rotating.
5. The successful bidder agrees that upon acceptance by the City of Elgin,the executed Invitation to
Bid along with all instructions, conditions,and specifications attached thereto constitute a binding
contract which may be enforced by the city.
Signature/Title f' C Fo_
Company Name uJ{,, Em.4 utter/I Iris
Address 3 I 1,S So - ifT<Ny tt
Salt La1Gt C► ,NT 8V/t.
Phone Number %b l. Zo 10 O
Email Address ksmltlE+wlsrtc4-toe.to.
FEIN No. qy-ZZZgG71/
A NOTICE ANT)INVITATION TO ALL EMPLOYEES AND APPLICANTS
Rex Plaizier,CEO/President
AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT
WesTech Engineering has been and will continue to be an equal opportunity employer. To
assure full implementation of this equal employment policy,we will take steps to assure that
a. Persons are recruited, hired, assigned and promoted without regard to
race, religion, color, national origin, citizenship, sex, gender identity,
sexual orientation,protected veteran status,age or disability.
b. All other personnel actions, such as compensation, benefits, transfers,
layoffs and recall from layoffs,access to training, education,tuition assis-
tance and social recreation programs are administered without regard to
race, religion, color, veteran's status, national origin, citizenship, sex,
gender identity,sexual orientation,age or disability.
c. Employees and applicants shall not be subjected to harassment,
intimidation, threats, coercion or discrimination because they have: (1)
filed a complaint; (2) assisted or participated in an investigation,
compliance review, hearing or any other activity related to the
administration of any federal, state or local law requiring equal
employment opportunity; (3) opposed any act or practice made unlawful
by any federal, state or local law requiring equal opportunity or (4)
exercised any other right protected by federal, state or local law requiring
equal opportunity.
I have appointed Debra Gomez to take on the responsibilities of EEO Coordinator.
The EEO Coordinator will be responsible for the day to day implementation and monitoring of the
Company's Affirmative Action Plan. As part of that responsibility,the EEO Coordinator will periodi-
cally analyze the Company's personnel actions and their effects to insure compliance with our equal
employment policy and administer the audit and reporting system.
If you, as one of our employees or as an applicant for employment, have any
questions about this policy or would like to be considered under our Affirmative Action Plan, please
contact the EEO Coordinator during regular business hours.
I have reviewed and fully endorse our Affirmative Action and Equal Employment
Opportunity program. In closing, I ask the continued assistance and support of all of the Company's
personnel to attain our objective of equal employment opportunity for all.
Sincerely,
Rex Plaizier
CEO/President
Privileged&Confidential
SEX DISCRIMINATION POLICY
In accordance with our policy of equal employment opportunity, we have adopted the
following policy prohibiting sex discrimination and sexual harassment in the workplace. In
addition to continued adherence to the goals enunciated in our Affirmative Action and Equal
Employment Opportunity Policy,we will also continue to do the following,as applicable:
RECRUITMENT AND ADVERTISEMENT
A. Recruit men and women for all positions, except where sex is a bona fide
occupational qualification, without regard to the applicant's or candidate's
sex.
B. Ensure that "help-wanted" advertising does not express a sex preference for
any job,unless sex is a bona fide occupational qualification for that job.
C. Refrain from placing advertisements in newspapers or other media which
are labeled "Males" or "Females," or otherwise segregated by sex, unless
sex is a bona fide occupational qualification.
II. JOB POLICIES AND PRACTICES
A. Review personnel policies to avoid discrimination on the basis of sex.
B. Consider employees and applicants of both sexes for assignment,transfer or
promotion to all positions for which they are qualified, except where sex is
a bona fide occupational qualification.
C. Administer employment opportunities, wages, hours, conditions of
employment, pensions, recreation programs and employee benefits without
regard to sex.
D. Consider married and unmarried men and women equally in all personnel
actions, including the dministration of wages and benefits, without regard
to the number of dependents which an individual may support or maintain.
Retirement age and retirement benefits will be equal for both sexes.
E. Provide appropriate facilities, e.g., rest rooms and locker areas, for
employees and applicants of both sexes.
F. Refrain from reliance upon state laws which conflict with Title VII of the
Civil Rights Act of 1964, as amended, or Executive Order 11246 and are
superseded thereby.
G. Provide leaves of absence to employees, without regard to an employee's
sex. No employee will be discriminated against because of pregnancy.
Following childbirth, and upon signifying her intent to return within a
Privileged& Confidential
reasonable time, the Company will reinstate such employee to her original
job or to a position of like status and pay,without loss of service credits.
111. SENIORITY
Consider employees' seniority and administer any seniority system without regard to
employees' sex.
N. DISCRIMINATORY WAGES
Determine wage schedules without regard to sex. There will be equal pay for equal work.
V. SEXUAL HARASSMENT
The EEO Coordinator shall notify all supervisors and managers that they are prohibited from
engaging in, tolerating or otherwise promoting unwelcome sexual advances, requests for
sexual favors and other verbal or physical conduct of a sexual nature by employees or
supervisors,when(1) submission to such conduct is made either explicitly or implicitly a term
or condition of an individual's employment, (2) submission to or rejection of such conduct by
an individual is used as the basis for employment decisions affecting such individual or (3)
such conduct has the purpose or effect of substantially interfering with an individual's work
performance or creating an intimidating,hostile or offensive working environment.
The EEO Coordinator shall take reasonable steps to prevent sexual harassment from
occurring, including, but not limited to, expressing strong disapproval of such conduct,
developing appropriate sanctions, informing employees of their right to raise the issue of
sexual harassment under Title VII and the procedure therefore and, generally, developing
training programs to sensitize managers, supervisors and employees to the nature of this
problem. The Company maintains a policy prohibiting sexual harassment.
VI. DEFINITION
The terms "because of sex," on "the basis of sex" and "regardless of sex" include, but are not
limited to, because of or on the basis of pregnancy, childbirth or related medical conditions.
Women affected by pregnancy, childbirth or related medical or physical conditions shall be
treated the same for all employment-related purposes, including the receipt of benefits under
fringe benefit programs, as other persons who are not so affected but are similarly able or
unable to work.
VII. LEAVE OF ABSENCE DUE TO MATERNITY
Leaves of absence due to maternity are treated under our policy.
Privileged & Confidential
AFFIRMATIVE ACTION PLAN FOR WOMEN AND MINORITIES
ACTION-ORIENTED PROGRAMS
The Company intends to meet the goals set forth in this plan and to continue implementation
of its equal employment opportunity policies through action-oriented programs. Described
below are the types of actions the Company may consider:
DISSEMINATION OF EQUAL EMPLOYMENT OPPORTUNITY POLICY
A. INTERNAL DISSEMINATION
The Company will consider taking the following actions to disseminate its
Affirmative Action and Equal Employment Opportunity Policy,as appropriate,on a
regular and continuing basis.
1. Including the Affirmative Action and Equal Employment
Opportunity Policy statement in its policy manual and employee
handbook.
2. Meeting with supervisory personnel to explain the intent of the
Affirmative Action and Equal Employment Opportunity Policy and
their individual responsibilities for its implementation. We conduct
supervisory training for management about equal employment
opportunity, affirmative action and sexual harassment on an on-
going basis.
3. Discussing our equal employment policy during any orientation
programs we hold, at which time all new employees (and if
applicable, transferred and promoted employees) will be advised of
our commitment to affirmative action and equal employment oppor-
tunity.
4. Posting the Affirmative Action and Equal Employment Opportunity
Policy, along with all required state and federal informational
posters on our bulletin boards and updating such posters as required.
Our"Affirmative Action and Equal Employment Opportunity Policy
Statement," "Invitation to Covered Veterans to Self Identify,"
"Invitation to Individuals with Disabilities to Self Identify," EO
13496 Poster and all required federal and state posters are posted on
employee information bulletin boards as required.
5. When pictures of employees are included in Company
announcements to employees or the public, we include pictures of
Privileged& Confidential
both minority and non-minority men and women employees, as
appropriate.
B. EXTERNAL DISSEMINATION
Our equal employment opportunity policy will be disseminated externally, as
considered appropriate, as follows:
1. Recruiting sources, when utilized, will be advised of the Company's
policy. Thereafter, such recruiting sources may be notified of our
continuing commitment to equal employment opportunity.
2. The equal opportunity clause will be included in purchase orders,
leases, contracts, etc., covered by Executive Order 11246, as
amended.
3. When we advertise for prospective employees, the advertisement
will include language that communicates we are an equal
employment opportunity employer. We also will direct all
advertisers not to place help-wanted advertisements in race or sex-
segregated columns.
4. Prospective employees are informed that the Company is an equal
opportunity employer that maintains an affirmative action program
through the notices we post in areas accessible to applicants and
employees and our application for employment.
5. Our primary subcontractors, vendors and suppliers will be sent
written notification of our Affirmative Action and Equal
Employment Policy.
6. In the event that employees are featured in help-wanted, product or
consumer advertising, employee handbooks or manuals or similar
publications, both minority and non-minority men and women will
be pictured and included.
II. RECRUITMENT AND HIRING
A. Contacting community agencies and educational institutions and seeking
referrals of qualified individuals to increase the flow of minority and female
applicants.
B. Including presentations by minority, female, disabled, older or veteran
employees; explanations about the job duties and responsibilities of current
and future job openings; explanations of our employee selection process;
and distribution of recruiting literature when meetings are held with repre-
sentatives of recruiting sources.
Privileged&Confidential
C. As appropriate, a reasonable proportion of our help-wanted advertising in
media directed to minorities and/or women.
D. Evaluating and analyzing job requirements using job-performance criteria.
Special attention will be given to academic, experience and skill
requirements to insure that such specifications are consistent and are free
from bias on account of race, color,religion, age,disability,veteran's status,
sex or national origin. Where requirements screen out a disproportionate
number of candidates from protected groups, the continued use thereof will
be evaluated and "validation" will be considered. We have conducted an
analysis upon all selection procedures. See the "Impact Ratio Analysis"
divider tab,discussed above.
E. Selecting and training personnel involved in recruiting, screening, selection,
promotion, disciplinary and related processes to eliminate bias in all per-
sonnel actions. The company periodically presents EEO training for
managers.
III. ADVANCEMENT IN EMPLOYMENT
With regard to our promotion and transfer procedures,we will consider the following:
A. Posting or otherwise announcing appropriate promotion and transfer
opportunities.
B. Developing and implementing formal employee evaluation programs.
C. Assuring that job qualifications are based on job-related criteria.
IV. SEPARATION FROM EMPLOYMENT
When minorities, women or other persons placed through affirmative action efforts or
protected by law have experienced adverse personnel decisions, such as termination we will
consider:
A. Sending an exit interview form to or conducting exit interviews with
employees who resign to ascertain the reasons for their voluntary
termination and to try and identify `voluntary resignations" that have been
caused by unlawful conduct by employees or supervisors.
B. Determining reasons for such adverse decisions, including involuntary
terminations, and establishing whether persons not in the protected group
with similar work histories and violations of work rules have also been
terminated.
Privileged & Confidential
C. Attempting to counsel employees about unsatisfactory job performance at
least 90 days prior to involuntary termination to provide an opportunity to
correct their performance, as practicable.
V. COMPANY SUPPORT OF COMMUNITY ACTION PROGRAMS,
In addition to the employment-related good faith efforts the Company engages in, we also
undertake additional efforts to support the community.
Privileged & Confidential
2015 AFFIRMATIVE ACTION PROGRAM
FOR
WESTECH ENGINEERING,INC.—SALT LAKE CITY
Program Completed by: Debra Gomez
EEO Coordinator
Address: 3665 S.West Temple
Salt Lake City,UT 84115
Program Approved by:
Rex Plaizier
CEO/President
This Affirmative Action Program is effective from 01/01/15-12/31/15.
Privileged& Confidential
\��..OF 4Ci
111 111
City of Elgin, Illinois
Equal Employment Written Commitment Guideline
The written commitment required in Item#4 of the Bidder's Employee Utilization Form shall:
1. Set out the name and phone number of the bidder's Equal Employment Officer.
2. Clearly identify the bidder's recruitment area and the percentage of minorities and females in the
area's population and labor force.
3. Set out what the bidder has done and has set as a goal to ensure the recruitment of minority and
female employees.
4. Set out the bidder's specific goals to recruit minorities and females for training programs or other
similar opportunities available through the bidder's organization.
5. Indicate bidder's consent to submit to the City of Elgin, upon request, statistical data concerning
its employee composition and recruitment efforts anytime during the term of the contract.
6. Show bidder's consent to distribute copies of the written commitment to all persons who
participate in recruitment, screening, referral, and selection and hiring of job applicants for the
bidder.
7. Clearly show that the bidder shall require all subcontractors, if any, to submit a written
commitment complying with the above requirements of their affirmative action plan to the City of
Elgin.
8. Clearly state the bidder agrees that:
"Bidder(company name)shall not discriminate against any employee or applicant on the basis of
race, color, religion, sex, national origin, age, place of birth, ancestry, martial status, or disability
(physical or mental)which will not interfere with the performance of the job in question."
Description of Groups for Classification Purposes
White: all persons having origins in Europe,North America, or the Middle East
Black: all persons having origins in any of the Black racial groups of Africa
Hispanic: all persons of Mexican,Puerto Rican,Cuban, Central South American, or other
Spanish culture or origin,regardless of race
Asian American: all persons having origins in the Far East, Southeast Asia, the Indian
subcontinent,or the Pacific Islands
American Indian: all persons having origins in any of the original peoples of North America and
who maintain cultural identification through tribal affiliation or community
recognition
�� O F
O,
ilitnc
City of Elgin, Illinois
BIDDER'S EMPLOYEE UTILIZATION FORM
This report is required by the City of Elgin and must be submitted before the contract can be awarded.
Chapter 3.12.1000 Affirmative Action- City Contracts
1. Name and Address of Bidder Description of Project
WetheCh hc.
oCrr-- S. acs-I-Trmp�.
Salo me CA h.�. Vz' X115
JOB CATEGORIES Total Whites Blacks Hispanics Asians or American Minority Female(All
Employees Pacific Indians (M&F) Categories)
Islanders
M / F M / F M / F M / F M / F
Example:Managers 18 3 /5 3 /2 4/0 0/1 0/0 55.6%
(10/18) (8/18)48/18%
TOTALS
Signature of Company Official Title Telephone Number Date Signed Page
{-11?—Ciexm,rtu:c ' '4 01,'2Ls'S. (000 31 l t,(2O t(' of
2. Have you ever been awarded a bid by the City of Elgin?
Yes \ No
3. If the answer to question #2 is Yes, please submit a copy of the Employee Utilization Form that was
submitted with your last successful bid along with a fully completed copy of this form.
4. Please submit, according to the guideline provided in the attached document, a written commitment to
provide equal employment opportunity.An Employee Utilization Form is required for any subcontractors.
NOTE: In the event that a contractor or vendor,etc.,fails to comply with the fair employment and affirmative action provisions of the City
of Elgin,the City amongst other actions may cancel,terminate,or suspend the contract in whole or in part.
---,--
Co= M515052 EQUAL EMPLOYMENT OPPORTUNITY
u= M515052 2015 EMPLOYER INFORMATION REPORT
CONSOLIDATED REPORT-TYPE 2
SECTION B-COMPANY IDENTIFICATION SECTION C-TEST FOR FILING REQUIREMENT
'- WESTECH ENGINEERING INC Z.a. WESTECH ENGINEERING INC 1-Y 2-N 3-Y DUNS NO.:066121815 EIN :942229674
3665 S WEST TEMPLE 3665 S WEST TEMPLE
SALT LAKE CITY, UT 84115 SALT LAKE CITY, UT 84115
SECTION E-ESTABLISHMENT INFORMATION
c. Y
NAICS:
SECTION D-EMPLOYMENT DATA
HISPANIC OR NOT-HISPANIC OR LATINO
LATINO
************MALE************ ***********FEMALE***********
OVERALL
NATIVE AMERICAN TWO
BLACK OR BLACK OR NATIVE AMERICAN TWO TOTALS
JOB CATEGORIES HAWAIIAN INDIAN OR OR HAWAIIAN
MALE FEMALE WHITE AFRICAN OR AFRICAN OR INDIAN OR OR
AMERICAN PACIFIC ASIAN ALASKAN MORE WHITE PACIFIC ASIAN ALASKAN MORE
ISLANDER NATIVE RACES AMERICAN
ISLANDER NATIVE RACES
EXECUTIVE/SR OFFICIALS&MGRS 0 0 15 0 0 0 0 0 0 0 0 0 0 0 15
FIRST/MID OFFICIALS&MGRS 1 0 38 0 0 1 0 0 2 0 0 0 0 0 42
PROFESSIONALS 3 1 146 0 0 1 0 1 21 0 0 1 0 1 175
TECHNICIANS 3 0 54 0 0 2 1 0 12 0 0 0 0 0 72
SALES WORKERS 1 0 27 0 0 0 0 1 2 0 0 0 0 0 31
ADMINISTRATIVE SUPPORT 0 0 9 0 0 0 0 0 51 0 0 0 0 1 61
CRAFT WORKERS 1 0 16 0 0 0 0 0 0 0 0 0 0 0 17
OPERATIVES 1 0 14 0 0 0 0 0 0 0 0 0 0 0 15
LABORERS&HELPERS 4 0 22 0 0 6 0 0 0 0 0 0 0 0 32
SERVICE WORKERS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
TOTAL 14 1 341 0 0 10 1 2 88 0 0 1 0 2 460
PREVIOUS REPORT TOTAL 8 1 343 0 0 14 1 4 96 0 0 1 0 0 468
SECTION F-REMARKS
DATES OF PAYROLL PERIOD: 09/01/2015 THRU 09/15/2015
SECTION G-CERTIFICATION
CERTIFYING OFFICIAL: DEBRA GOMEZ TITLE: HR DIRECTOR
EEO-1 REPORT CONTACT PERSON: DEBRA GOMEZ TITLE: HR DIRECTOR
EMAIL: DGOMEZ @WESTECH-INC.COM TELEPHONE NO: 8012651000 CERTIFIED DATE[EST]:09/30/2015 05:21 PM
C.t O F E�C
City of Elgin, Illinois
Sexual Harassment - - Policies and Programs
Effective July 1, 1993, every party to any contract with the City of Elgin and every eligible
bidder is required to have written sexual harassment policies that include, at a minimum, the
following information:
• the illegality of sexual harassment
• the definition of sexual harassment under state law
• a description of sexual harassment, utilizing examples
• a vendor's internal complaint process including penalties and a description of the means by
which complaining parties may complain directly to management personnel other than the
alleged harassing individual
• the legal recourse, investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission
• directions on how to contact the department and commission
• protection against retaliation as provided by Section 6-101 of the Human Rights Act
I hereby affirm that the organization which I represent has in place sexual harassment
policies which include the required information set forth above, and I hereby agree to
furnish the City of Elgin - Human Resources Department with a copy of these policies if
they so request.
Signature/Title Sa.�.l. t%-48 r -cx.r-n/ 44?- a-t-AC-�-
Company l.A'X.S €nzsirzQ Ir , lr,C_,
Date 3 e ll r_c)-1
�
Sexual harassment is defined as follows:
"Sexual harassment"means any unwelcome sexual advances or requests for sexual favors or any
conduct of a sexual nature when (1) submission to such conduct is made either explicitly or
implicitly a term or condition of an individual's employment, (2) submission to or rejection of
such conduct by an individual is used as a basis for employment decisions affecting such
individual, or (3) such conduct has the purpose or effect of substantially interfering with an
individual's work performance or creating an intimidating, hostile, or offensive working
environment.
Any questions by contracting parties or eligible bidders concerning compliance with these
requirements should be directed to the City of Elgin - Human Resources Department at (847)
931-5607.
The undersigned, on behalf of the undersigned company, hereby agrees to fully indemnify
and hold the City of Elgin harmless from any and all liability, loss or damage including
costs of defense or claim, demands, costs of judgment against it arising from any complaint
based on unlawful harassment and/or employment action, including, but not limited to
termination, based on any protected category as provided by law, including, but not limited
to, sexual harassment resulting from the act of any member of my organization in the
performance of this contract.
Signature/Title AA9 rte c Ft
Company Wes iat A �HAtetrex t•c
Date 1 `//Nor Zs/C.
WESTECH
Process Equipment.Process Driven.
Effective Date:July 1, 1996 Revised: October, 2008
HARASSMENT
WesTech is committed to providing a work environment free of discrimination and unlawful harassment.
Actions,words,jokes, or comments which exhibit disrespect or are demeaning to an individual's sex,race,
ethnicity,age,religion,veteran, marital status or disability will not be tolerated.All employees are responsible
for understanding this policy and ensuring that the workplace is free from all forms of harassment.
Harassment
WesTech prohibits harassment based on sex,race, color, national origin,religion,age, marital status,
pregnancy,military status, disability, or any other status or characteristic protected by law.
Sexual Harassment
WesTech will not tolerate sexual harassment directed toward any person,irrespective of gender. Employees
that violate this policy will be subject to disciplinary action,up to and including termination of employment.
Sexual harassment includes,but is not limited to,any of the following:
• Verbal,physical, or visual conduct of a sexual nature or suggestion which is unwelcome.Such conduct
has the effect of unreasonably interfering with an individual's work performance, affects tangible job
benefits,and may create an intimidating,hostile, or offensive work environment.
• Implying or threatening adverse employment actions if sexual favors are not granted,promising
preferential treatment in return for sexual favors, exercising pressure for sexual activity, or otherwise
creating a circumstance where submission to or rejection of such conduct is used as the basis for
decisions relating to employment, or is a condition of employment,whether spoken or implied.
• Explicit sexual propositions,sexual innuendos, suggestive jokes,jokes about gender-specific traits,foul
or obscene language or gestures,display of foul or obscene printed or visual material, and physical
contact such as patting,pinching, or brushing against another's body.
• Offensive remarks about a person's gender, unwelcomed comments about appearance,discussing a
person's sexual conduct,asking about a person's sexual activity,and verbal abuse disguised as humor.
• Unwelcome sexual advances.
• Leering or staring at a person's body.
• Sexual stereotyping.
Conduct need not take the form of sexual advances or other conduct with clearly sexual overtones to constitute
sexual harassment.Any harassment or other unequal treatment of an employee or group of employees that
would not have occurred but for the gender of the employee or employees may constitute sexual harassment if
the harassment or other unequal treatment is sufficiently serious or pervasive to create a hostile work
environment.
Reporting Harassment
If any employee believes that they have been subjected to harassing conduct,has witnessed harassment,or has
knowledge of harassment,that employee should immediately contact their supervisor,the Human Resources
Manager,or any other member of management. If any member of management receives a report of
harassment,they are to immediately inform the Human Resources Manager.ALL COMPLAINTS OF
HARASSMENT MUST BE REPORTED TO THE HUMAN RESOURCES MANAGER.
WesTech Engineering,Inc.3665 S.West Temple,Salt Lake City,Utah 84115 USA(T)801.265.1000(F)801.265.1080 www.westech-inc.com
50
WESTECI-I
Process Equipment.Process Driven.
Enforcement of Harassment Policy
Harassment of any kind is extremely serious misconduct and may result in discipline,up to and including
termination of employment. Harassment may also subject the harasser to personal legal and financial liability.
WesTech's practice is to fully investigate any complaints of harassment and to keep such complaints
confidential to the extent practicable. However,WesTech cannot promise anonymity to persons who report
harassment. If WesTech determines that sexually harassing conduct has occurred,appropriate remedial action
may be taken up to and including termination of employment.
Retaliation
WesTech forbids retaliation in any form against anyone who has reported unlawful harassment.The Company
will take corrective action up to and including termination of employment against employees who harass,
embarrass or retaliate in any respect against one who has made a complaint regarding unlawful harassment.
WesTech Engineering,Inc.3665 S.West Temple,Salt Lake City,Utah 84115 USA(T)801.265.1000(F)801.265.1080 www.westech-inc.com
51
��® DATE(MM/DD/YYW)
A
W CERTIFICATE OF LIABILITY INSURANCE 3/3/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Donna Kane
The Buckner Company PHONE FAX
6550 South Mil!rock Dr.Suite#300 (A/C,No,Eat)_801-937-6740 (A/C,No):801-385-0808
Salt Lake City UT 84121- ADDRESs:dkane @buckner.com
INSURER(S)AFFORDING COVERAGE NAIC if
INSURER A:Zurich Insurance Services, Inc. 19356
INSURED WESTENG-03 INSURER B:Travelers Property Casualty Company 25674
WesTech Engineering, Inc. INSURER C:
3665 S West Temple
Salt Lake City UT 84115- INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 1756250623 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I S EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD I POLICY NUMBER I IMM/DDY/YYYY) (MMIDD//YYYY) LIMITS
A x COMMERCIAL GENERAL LIABILITY Y Y GL09809319 3/1/2016 3/1/2017 EACH OCCURRENCE $1,000,000
CLAIMS-MADE X OCCUR DAMAGE TO RENTED
PREMISES(Ea occurrence) $100,000 _
MED EXP(Any one person) $5,000
PERSONAL 8,ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $2,000,000 _
POLICY X JECT LOC PRODUCTS-COMP/OP AGG $2,000,000
OTHER: $
A AUTOMOBILE LIABILITY Y Y BAP9809320 3/1/2016 3/1/2017 COMBINED SINGLE LIMI f $
(Ea accident) 1,000,000
X ANY AUTO BODILY INJURY(Per person) $
AUTOSNED AUTOSULED BODILY INJURY(Per accident) $
NON-OWNED PROPERTY DAMAGE
HIRED AUTOS AUTOS $
X Comp.$1000 X Coll$1000 (Per accident) $
B X UMBRELLA LIAB X OCCUR Y Y ZUP10T5188316NF '3/1/2016 3/1/2017 EACH OCCURRENCE I$10,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED IX RETENTION$10,000 $
A WORKERS COMPENSATION Y WC9809318 1 3/1/2016 3/1/2017 PER EH-
AND EMPLOYERS'LIABILITY Y/N X I STATUTE I ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$1,000,000
B Property of Others QT6303E97382TIL16 3/1/2016 3/1/2017 $1,000,000 limit $5,000 ded
Leased/Rented Equip $500,000 $1,000 ded
In Transit Coverage 1,000,000 $1,000 ded
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Project: Riverside WTP Treatment Train Two Structural Rehabilitation; City of Elgin PO 299340;WesTech Job No. 123769
City of Elgin and its respective officials, officers, directors, members, partners,employees, agents, consultants, and subcontractors are
Additional Insureds per the General Liability form UGL1175(04-13)and the Auto Liability form UCA424E(04-11). Waiver of Subrogation in
favor of the Additional Insureds per the General Liability form UGL1345(04-13),the Auto Liability form UCA424E(04-11), and the Worker
Compensation form WC000313.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Elgin ACCORDANCE WITH THE POLICY PROVISIONS.
150 Dexter Court
Elgin IL 60120 AUTHORIZED REPRESENTATIVE
I
@ 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD