Ordinance 1974-59 • F f
April 25 , 1974
NOTE TO CITY COUNCILMEN:
Few changes have been made to the specs , except
proof of insurance and minimum amount, as specified, and
the bond required. The bond requirement could be stricken
if this becomes an unexpected and unnecessary term.
Much language has been added to the contract regarding
discrimination and employment reports , etc.because of the
Revenue Sharing Act' s provisions making these criteria mandatory.
Therefore,I thought they should be inserted in the contract.
Fred H. Dickson
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FHD :GKH
CAPITAL IMPROVEMENTS CONTRACT FOR
EXPENDITURE OF REVENUE SHARING FUNDS
THIS CONTRACT, made and entered into this
day of 1974 by and between the UNITED
CITY OF THE VILLAGE OF YORKVILLE , Kendall /County, Illinois ,
hereinafter called the "CITY" , and
hereinafter called the "CONTRACTOR" ,
WITNESSETH THAT :
WHEREAS, the CITY has entered into a contract with
the United States of America. for the implementation of a
program of local assistance for the CITY, pursuant to the
State and Local Fiscal Assistance Act of 1972 , Title I , a
Public Law 92-512 , approved October 20 , 1972; and
WHEREAS, the CITY has caused specifications for
certain capital improvements, in accordance with Exhibit "A" ,
to be advertised and bids for the same to be solicited for
certain improvements to the CITY' S maintenance building located
at 610 Tower Street, Yorkville, Kendall County, Illinois;
and
WHEREAS, the CONTRACTOR is the successful bidder
for completion of the work in accordance with the specifications
attached hereto.
NOW THEREFORE, the contracting parties hereto mutually
agree as follows :
SECTION 1 : CONTRACTOR agrees as follows :
(A) To construct a concrete floor within the office
GOLDSMITH. DYER. THELIN. SCHILLER & DICKSON
ATTORNEYS AT LAW
MERCHANTS NATIONAL 3A?IK BLDG.
AURORA, ILLINOIS 60504
AREA CODE 512-859.3300
.�9
areas and work areas and the approach to the maintenance
building, together with a sidewalk, all in accordance with
the specifications attached hereto as Exhibit "A" .
(B) To furnish, at CONTRACTOR' S own expense, all
material to be used in the construction Qf sa _d work
(C) To complete all the work specified within
thirty (30) days from the date of this agreement, subject
to any delay caused by strikes or acts of God.
(D) To maintain such insurance as will fully protect
both CONTRACTOR and CITY from any and all claims under any
Workman' s Compensation Act, Employer' s Liability Act, Structural
Work Act or other Employer' s Liability Law and from any and
all other claims for damages to property or for personal
injuries, including death, which may arise from operations
carried on under this contract, either by CONTRACTOR or any
sub-contractor or by anyone directly or indirectly engaged
or employed by either of them; said insurance shall be in an
6.01 o d U _rb / 0 v 6, % 6
amount of not less than $+-a 0, 0 . 00 per person and 00. 00
per incident for such personal injury or death, proof of
insurance to be exhibited with endorsements showing current
coverage prior to commencement of work. CONTRACTOR undertakes
to indemnify and save harmless the CITY, and for or on account
of CITY, to make defense against all claims for damages to
persons or to property alleged to have been caused through the
negligent performance of any part of the work herein, whether
such default be asserted to have been in the performance
of a duty of employees , to the owners of property or to the
members of the public. CONTRACTOR shall be responsible to
the CITY for the acts and omissions of all persons , firms
or corporations directly or indirectly employed by CONTRACTOR
in connection with the work.
(E) CONTRACTOR shall indemnify and save harmless
GOLDSMITH, DYER, THELIN, SCHILLER & DICKSON
ATTORNEYS AT LAW
MERCHANTS NATIONAL BANK BLDG.
AURORA, ILLINOIS 60504
AREA CODE 312-850-3300 -�
the CITY against any and all damages to property or injuries
to or death of any person or persons , including property and
employees or agents of the CITY, and shall defend , indemnify
and save harmless the CITY from any and all claims , demands,
suits , actions or proceedings of any kind or nature, including
workmen' s compensation claims, of or by anyone whomsoever,
in any way resulting from or arising out of the operations
in connection herewith, including operationsof sub-contractors
and acts or omissions of employees or agents of CONTRACTOR
or its sub-contractors. Insurance coverage specified herein
and in the special conditions constitutes the minimum requirements
and said requirements shall in no way lessen or limit the
liability of CONTRACTOR under the terms of the contract.
CONTRACTOR shall procure and maintain, at its own cost and
expense, any additional kinds and amounts of insurance that,
in its own judgment, may be necessary for its proper protection
in the performance of the work.
(F) To permit the CITY to require alterations from
the aforesaid specifications , subject to the right of the
CONTRACTOR to be paid reasonable value for additional materials
or labor.
(G) To guarantee all work to remain in good condition
for one year from its date of acceptance.
(H) To furnish bond for the faithful performance
of this contract in such form as the CITY may prescribe and
with such sureties as it shall approve.
SECTION 2 : CITY agrees as follows :
(A) To pay the CONTRACTOR at
the time and in the manner following:
Cash upon completion and acceptance of all of the
work as specified in Exhibit "A" .
SECTION 3 • Conflicts of Interest.
GOLDSMITH, DYER. THELIN. SCHILLER & DICKSON
ATTORNEYS AT LAW
MERCHANTS NATIONAL BANK SLOG. -3-
AURORA. ILLINOIS 60504
AREA CODE 312-859-3300
(A) In order to implement the Local Fiscal Assistance
Act of 1972 , Title I, a Public Law 92-512 , approved October 20,
1972 , CONTRACTOR agrees to comply with all Federal, State
and local conflict of interest laws, statutes and regulations,
and they shall apply to all parties and beneficiaries under
this contract as well as to all officers, employees or agents
of the CITY.
(B) The CONTRACTOR agrees that it will incorporate
into every contract required to be in writing the following
provisions: The CONTRACTOR covenants that it presently has
no interest of any kind and shall not acquire any type of
interest, direct or indirect, in the program or any property
therein which would conflict in any manner or degree with
the performance of its services and obligations hereunder.
The CONTRACTOR further covenants that in the performance
of this contract, no person having any conflicting interest
shall be employed in the performance of this contract. Any
interest on the part of the CONTRACTOR or the CONTRACTOR'S
employees must be disclosed to the CITY before execution of
this contract.
SECTION 4: Discrimination.
Discrimination prohibited. No person in the United
States shall, on the ground of race, color, national origin
or sex, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or
activity of this contract or the supplying of material therefor,
funded in whole or in part with entitlement funds made available
pursuant to Subtitle A of Title I of the said Local Fiscal
Assistance Act. CONTRACTOR agrees that all hiring shall be
done in a non-discriminatory manner, as provided herein.
SECTION 5: Wage Rates and Labor Standards.
The hiring of laborers or mechanics by CONTRACTOR
GOLDSMITH, DYER, THELIN. SCHILLER & DICKSON
ATTORNEYS AT LAW
MERCHANTS NATIONAL BANK BLDG.
AURORA. ILLINOIS 60504 -4-
AREA CODE 312-859-3300
f
or sub-contractors , should sub-contractors need be hired,
shall be in conformance with the prevailing wage and labor
standards ' provisions as determined by the Secretary of Labor
in accordance with the Davis-Bacon Act as amended (40 U.S.C.
276a--276a - 7) .
SECTION 6 : Compliance with Local Laws,
The CONTRACTOR shall comply with all applicable
laws , ordinances and codes of the State of Illinois and local
governments.
SECTION 7 : Assignab.ility.
The CONTRACTOR shall not assign any interest in
this agreement without prior written consent of the CITY.
SECTION 8 : Termination Clause.
Upon breach of the contract by the CONTRACTOR, the
CITY, by giving written notification, may terminate this
agreement immediately. A breach shall include, but not be
limited to, failure to comply with any or all items contained
within this agreement and/or provisions of any subsequent
contractual amendments executed relative to this contract.
SECTION 9 : Records, Reports and Inspection.
(A) The CONTRACTOR shall establish and maintain
records in accordance with requirements prescribed by the
U. S . Treasury Department and/or the CITY with respect to all
matters covered by this contract.
(B) All costs shall be supported by properly executed
payrolls, time records , invoices , contracts , vouchers, orders
and/or any other accounting documents pertaining in whole
or in part to this contract and shall be clearly identified
and readily accessible.
(C) The CONTRACTOR shall, at any time during normal
business hours and as often as the U. S. Treasury Department,
the CITY and/or the Comptroller General of the United States
GOLDSMITH, DYv.R. THELIN, SCHILLER & DICKSON
ATTORNEYS AT LAW
MERCHANTS NATIONAL BANK BLDG.
AURORA, ILLINOIS 60504 -5
AREA CODE 312-859-3300
may deem necessary, make available to the CITY for examination
all of its records and data with respect to all matters covered
by this contract, and shall permit the CITY, or its designated
authorized representative, to audit and inspect all invoices,
materials, payrolls, records or personnel conditions of employment
and other data relating to all matters covered by this contract.
IN WITNESS WHEREOF, the parties hereto have caused
this contract to be made, effective and executed as of the
day of ;Lj , 197 by their duly
authorized officials.
UNITED CITY OF THE VILLAGE
OF YORKVILLE
By:
Mayo
ATTEST:
City C r 7
CONTRACTOR:
By:
GOLDSMITH, DYER. THELIN. SCHILLER & DICKSON
ATTORNEYS AT LAW _6
MERCHANTS NATIONAL BANK BLDG.
AURORA. ILLINOIS 60504
AREA CODE 312-850.3300
i
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1 �, j1`•�.,,.J` mac:.-( �.,;...1 ,
CITY of YORKVILLE j
J i County Seat of Kendal? County 4.
Yorkville, Illinois 59369
� . MAYOR
( ROBERT J. COLEMAN
CLERK MARCH 2 5, 97 1 4
'
JAMES J. BRANT 1
TREASURER
MARILYN J. MERKEL Gentlemen: #
ALDERMEN Enclosed find a copy of the legal notice which is published,
f
First Ward We invite to MADDEN you to submit y our bid for Council consideration
FRANK C. WOLFF for masonry work to be performed at the City Maintenance building
i ! located at 610 Tower Street, Kendall County, Yorkville, Illinois.
Second Ward
DANNY C. HANBACK Specifications are as follows: r
LEROY THANEPOHN (1)rWork•Area - 72'x•54' This area will require 6 bag concrete ('
Third Ward mix, 6" thick to be re-inforced with 6"x6" #6 wire mesh or equine-
C. RICHARD ELLIS lant.
ROGER E. SIAnIONS (2) Office Area - 30'x24' This area will require 5 bag concrete r
Chief of Police mix, 4" thick. City to furnish re-inforcing mesh.
(( WPVFRED PRICKETT (3) Large door approach - 15' x 20' This area will require i
?� Superintendent of Waterworks 6 bag concrete mix, 6" thick,to be re-inforced with 6"x6" #6 wire
and Streets mesh or equivelant.
JAMES E. PRICE
City Attorney (4) Sidewalk - 42 lineal feet 4 feet wide 5 bag concrete mix.
i FRED H. DICKSON
Contractor shall smooth concrete to trowel finish.
' Contractor shall do all necessary grading and install necessary
expansion joints.
City will furnish necessary gravel.
All work shall commence and be completed within 30 days after
acceptance of bid by City Council.
Sealed bids are to be forwarded in the enclosed envelope to
the City Clerk by 6:00 P.M. April 9, 1974.
�i
{ Thank ypu for your consideration given this invitation to�`
quota on our masonry needs. ;
very truly yours,
amen J. Brant ��
{ City Clerk i
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