Resolution 2017-28 Resolution No. 2017- o?$
A RESOLUTION AUTHORIZING A CONTRACT WITH ALL UNION FENCE
COMPANY,INC. FOR THE MAINTENANCE,REPAIR AND REMOVAL
PROJECT FOR THE PROPERTY AT 206 HEUSTIS STREET
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, the City has previously advertised for bids on May 1, 2017 for the
maintenance, repair and removal project for the property at 206 Heustis Street; and,
WHEREAS, based upon a review of the bids received and determination as to the
qualifications of the bidders, the corporate authorities of the United City of Yorkville have
determined that All Union Fence Company, Inc. of Joliet, Illinois, having submitted a bid in the
amount of$121,662.35 is the lowest responsible bidder.
NOW THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: That the bid submitted by All Union Fence Company, Inc. in the amount not
to exceed$121,662.35 is hereby accepted, and the Mayor and City Clerk are hereby authorized
and directed on behalf of the United City of Yorkville to execute a CONTRACT with All Union
Fence Company, Inc. as attached hereto and made a part hereof as Exhibit A.
Section 2: That this resolution shall be in full force and effect from and after its passage
and approval according to law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of V 1.Y , 2017.
CITY CLERK
Resolution No.2017-cas
Page 1
CARLO COLOSIMO _ KEN KOCH y
JACKIE MILSCHEWSKI - ARDEN JOE PLOCHER pmesewr
CHRIS FUNKHOUSER JOEL FRIEDERS Y
SEAVER TARULIS ALEX HERNANDEZ Y
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
Iq dayof b>CE-,g4&E9 , 2017.
1w OR
Resolution No.2017-ag
Page 2
UNITED CITY OF YORKVILLE
800 GAME FARM ROAD, YORKVILLE ILLINOIS 60560
CONTRACT
THIS CONTRACT made this 8th_ day of pdjgvt , 2017, by and
between the United City of Yorkville, an Illinois municipal corporation hereinafter called
the "City" and All Union Fence Company located at 907 Rowell Avenue, Joliet, IL,
60433 hereinafter called the"Contractor".
WITNESSETH:
WHEREAS, the City has heretofore solicited Request for Proposals for
maintenance, repair and removal work related to the property located at 206 Heustis
Street, Yorkville, Illinois necessary to complete the work specified in the City's Request
for Proposals issued May 1, 2017 by the City; and,
WHEREAS,based upon a review of the bids received and determination as to the
qualifications of the bidders, the corporate authorities of the City have determined that
All Union Fence Company, Inc. having submitted a bid in the amount of$121,662.35 is
the lowest responsible bidder for the maintenance, repair and removal work related to the
property located at 206 Heustis Street.
NOW, THEREFORE, for and in consideration of their mutual promises and
agreements,the parties hereto do hereby agree as follows:
1. The Contractor agrees to furnish all materials, supplies, tools, equipment,
labor and other services necessary to commence and complete the City's
maintenance, repair and removal services in accordance with the terms and
conditions stated in the REQUEST FOR PROPOSALS FOR MAINTENANCE,
REPAIR AND REMOVAL WORK RELATED TO THE PROPERTY AT 206
HEUSTIS STREET, YORKVILLE, IL, including Specifications, Special
Conditions and General Conditions attached hereto and made a part hereof as
Exhibit A, and the Contractor's transmittal letter and detailed bid proposal
attached hereto and made a part hereof as Exhibit B all of which are made a
part hereof and herein called the"Contract Documents".
2. The City shall pay the Contractor in the amounts, manner and at times as set
forth in the Contract Documents.
3. This Contract may be terminated at any time by the City upon written notice
to the Contractor provided that the Contractor is paid for all work performed
and expenses incurred up to the date of notice of termination.
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be
executed by their duly authorized officials, this Contract as of the day and year first
above written:
UNITE ITY ILLE
By:
Mayor
Attest:
/Zz'
ity Clerk
NTRACTOR:
By:
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Micw1 W. Marddo co-owner
Print Name and Title
Attest -j , -��✓
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Exhibit A
United City of Yorkville, Illinois
800 Game Farm Road, Yorkville, Illinois 60560
Request for Proposals
The United City of Yorkville, Illinois will accept proposals for the following
scope of services for maintenance, repair and removal work related to the property
located at 206 Heustis Street in Yorkville, Illinois:
1. Removal and disposal, at the contractor's expense, of a wood rack for
firewood located within a public right-of-way along the 200 block of
Heustis Street.
2. Removal and disposal, at the contractor's expense, of various small snipe
signs located within a public right-of-way along Heustis Street.
3. Towing and storage of approximately twelve (12) inoperable and unlicensed
motor vehicles (as verified by the United City of Yorkville) to an auto yard.
4. Removal and disposal, at the contractor's expense, of a dilapidated
approximately 6' tall wooden fence.
5. Installation of new approximately 900 linear foot 8' tall fence and 2 gates.
The fence should enclose the storage yard, but not the building. Please
provide a proposal for a natural rot resistant solid wood privacy fence and
an optional proposal for a natural rot resistant solid wood or composite
wood and/or plastic privacy fence with lattice at the top. The gates should
be approximately twelve (12) feet in width to allow ingress/egress of
vehicles into the storage yard. There are 2 existing ingress/egress locations
where the gates should be located, one on Heustis Street and one on Mill
Street.
6. Installation of new building mounted address numbers.
7. Removal and disposal, at the contractor's expense, of all various rubbish
and garbage, included but not limited to such items as inoperable
equipment, numerous large metallic items, pallets, piles of tree branches,
boxes, etc. City staff will walk through the site with the contractor, once the
bid has been awarded to outline specific items for removal and disposal.
Proposals will be received at the Office of the Administrator, at 800 Game Farm
Road, Yorkville, Illinois 60560 until 4:00 PM on June 1, 2017 (the closing
date).
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General questions regarding this Request for Proposals shall be directed to Krysti
Barksdale-Noble, Director of Community Development at 630-553-8573. All
detailed questions concerning the actual specifications are to be forwarded by
email to Peter Ratos, Building Code Official, atrp atosAyorkville.il.us by May 22,
2017.
The person or firm submitting the proposal shall at all times observe and conform
to all laws, ordinances, and regulations of the Federal, State, and City which may
in any manner affect the proposal.
SPECIFICATIONS
Towing and Storage of Vehicle Standards
1.AII tows will considered Police Department tows and Chapter 5"Towing of Vehicles"of the United
City of Yorkville's Codified Ordinance as well as Chapter 625 of the Illinois Compiled Statutes,Act 5,
Illinois Vehicle Code shall be followed.
Fencing Standards
1.All fences must be erected so that the finished side of the fence faces outward or away from the lot
on which the fence is erected.
2. No more than two different types of fencing material are permitted per fence.
Placement
1. Fences may be built up to the property line, but shall not extend beyond the front plane of the
primary structure facade in residential and business districts,and must be located entirely on 206
Heustis Street.The fence shall enclose the storage yard only, not the building.
2.The City is responsible for locating property lines, prior to the installation of the fence.
3. Fences,walls or hedges shall not encroach on any public right-of-way.
4. It shall be the responsibility of the City to insure that a fence does not block or obstruct the flow of
stormwater.
5. No solid fence,wall, hedge or shrubbery which exceeds 3 feet above the street grade shall be
permitted within the sight distance triangle formed at the intersection of any two 2 street right-of-way
lines.
6.The intersection of any street right-of-way lines with any service entrance drive(both sides of such
drive), by a line drawn between such right-of-way lines,and/or such right-of-way line and service
entrance drive line,at a distance along such line of 25 feet from the point of intersection thereof.
Materials
The following materials are acceptable:
• Natural Rot Resistant Wood (Cedar,Cyprus, Redwood)
• Plastic
• Composite Wood and Plastic
These materials are an example of acceptable fencing.The Community Development Director has the
right to approve similar materials not listed as long as they are consistent with the surrounding land
use.
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Examples:
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Address Number Standards
1.The numbers should be positioned in plain view and visible from the street or road fronting the property.The
numbers should contrast with their background and shall be Arabic numerals or alphabet letters.Numbers shall be a
minimum of 4 inches(102 mm)high with a minimum stroke width of 0.5 inches(12.7 mm).
Placement
1. The numbers should be positioned in plain view and visible from the street or road fronting the property.
Conditions:
Anyone investigating the site prior to submitting the proposal should drive-by ONLY. No trespassing will be
permitted to examine the site. All work requiring a building permit shall be applied for and issued by the United
City of Yorkville prior to the commencement of said work.A pre-construction meeting shall be held with the City of
Yorkville and the contractor no less than five(5)business days before the start of any work.All work shall be
conducted between the hours of seven o'clock(7:00)am and five o'clock(5:00)pm,Monday through Friday.Police
presence may be required and if determined to be a requirement will be provided by the United City of Yorkville
during the hours of work on the site. The contractor must be in communication with the City to determine the need
of Police presence. All work items shall be completed in full and to the satisfaction of the City of Yorkville Building
Code Official within seven(7)business days.All inoperable motor vehicles towed from the property to an auto-yard
must be held for at least 35 days for claim or title of ownership prior to permanent disposal.
Bid Selection:
The City of Yorkville will select contractors,which in its opinion,best meets the intention of the project scope and
budget. The selected proposals may be required to adjust the work items to accommodate project scope and budget
constraints at the direction of the City.
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UNITED CITY OF YORKVILLE,ILLINOIS
SPECIAL CONDITIONS
1. Persons submitting proposals Qualifications. If requested, the interested Person submitting the proposal
must provide a detailed statement regarding the business and technical organization of the Person submitting the
proposal that is available for the work that is contemplated. Information pertaining to financial resources,
experiences of personnel, previously completed projects, plant facilities, and other data may also be required to
satisfy the City that the Person submitting the proposal is equipped and prepared to fulfill the Contract should the
Contract be awarded to him. The competency and responsibility of Persons submitting proposals and of their
proposed subcontractors will be considered in making awards.
If requested by the City, the Person submitting the proposal shall include a complete list of all equipment and
manpower available to perform the work intended on the Plans and Specifications. The list of equipment and
manpower must prove to the City that the Person submitting the proposal is well qualified and able to perform the
work,and it shall be taken into consideration in awarding the Contract.
The City may make such investigations as it deems necessary,and the Person submitting the proposal shall furnish to
the City all such information and data for this purpose as the City may request. A responsible Person submitting the
proposal is one who meets all of the following requirements:
• Have adequate financial resources or the ability to secure such resources.
• Have the necessary experience, organization, and technical qualifications, and has or can acquire,the
necessary equipment to perform the proposed Contract.
• Is able to comply with the required performance schedule or completion date, taking into account all
existing commitments.
• Has a satisfactory record of performance,integrity,judgment,and skills.
• Is qualified and eligible under all applicable laws and regulations.
If the Person submitting the proposal possesses a current Illinois Department of Transportation "Certificate of
Eligibility"with an amount for the work specified at least equal to the minimum amount of qualification indicated on
the Legal Notice he may choose to provide the City a copy of the certificate in lieu of providing the above mentioned
Persons submitting proposals Qualification requirements.
2. Basis of Payment: the Contractor shall submit with each payment request the Contractor's Partial Waiver
of Lien for the full amount of the requested payment. Beginning with the second payment request, and with each
succeeding payment request,the Contractor shall submit partial waivers of lien for each subcontractor and supplier
showing that the amount paid to date to each is at least equivalent to the total value of that subcontractor's work,less
retainage, included on the previous payment request. The Contractor's request for final payment shall include the
Contractor's Final Waiver of Lien which shall be for the full amount of his Contract, including any change orders
thereto, and Final Waivers of Lien from all subcontractors and suppliers for which Final Waivers of Lien have not
previously been submitted.
3. Project Acceptance Procedures: All final pay item quantities shall be agreed upon between the City and the
Contractor, and a final invoice shall be submitted by the Contractor, complete with all required waivers of lien and
surety. Approval of the final pay estimate by the Director of Community Development shall constitute acceptance of
the project by the United City of Yorkville, and written notice of such action shall be given to the Contractor. The
date of approval of the final pay estimate shall be the Date of Acceptance, and shall also be the date of the Start of
Guarantee.
Prior to the required Date(s) of Substantial Completion, a partial project acceptance may be granted in accordance
with the foregoing procedure for entire project acceptance,with the exception that the pay estimate for the quantities
of items included in the partial project acceptance shall not be the final pay estimate for the entire project. In the
case of the City's acceptance of any portion of the work as may be required because of the inclusion of a Date of
Substantial Completion requirement,or for other reasons as may be agreed to by the United City of Yorkville,such
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partial acceptance action shall not constitute acceptance of any other portion of the project not noted in the written
notice of partial acceptance which shall be provided to the Contractor by the Director of Parks and Recreation.
4. General Guarantee: Neither the final certificate of payment nor any provision in the Contractor
Documents, nor partial or entire occupancy of the premises by the City, shall constitute an acceptance of work not
done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express
warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the
work and pay for any damage to other work resulting therefrom, which shall appear within a period of one(1)year
from the date of final acceptance of the work unless a longer period is specified. The United City of Yorkville will
give notice of observed defects with reasonable promptness. The Contractor shall guarantee all materials and
workmanship as defined by the Performance Bond, Labor and Material Payment Bond, and Maintenance Bond
requirements,if required.
Unless otherwise amended in writing by the Director of Community Development, the date of the Start of any
Guarantees, Warranties and Maintenance Bonds shall be coincident with the Date of Acceptance of the entire
proj ect.
5. Termination of Contract: the United City of Yorkville reserves the right to terminate the whole or any part
of this Contract,upon written notice to the Contractor,in the event that sufficient funds to complete the Contract are
not appropriated by the corporate authorities of the United City of Yorkville.
The United City of Yorkville further reserves the right to terminate the whole or any part of this Contract, upon
written notice to the Contractor, in the event of default by the Contractor. Default is defined as failure of the
Contractor to perform any of the provisions of this Contract,or failure to make sufficient progress so as to endanger
performance of this Contract in accordance with its terms. In the event of default and termination,the United City of
Yorkville may procure,upon such terms and in such manner as the United City of Yorkville may deem appropriate,
supplies or services similar to those so terminated.
The Contractor shall be liable for any excess costs for such similar supplies or service unless acceptable evidence is
submitted to the United City of Yorkville that failure to perform the Contract was due to causes beyond the control
and without the fault or negligence of the Contractor.
6. Notification of Work: The Contractor shall notify the City's Director of Community Development 48 hours
prior to commencement of work.
7. Cleaning: During construction, the Contractor and his subcontractors shall remove from the premises,
rubbish, waste material, and accumulations, and shall keep the premises clean. The Contractor shall keep the
premises clean during construction to the satisfaction of the Director of Community Development.
8. Restoration: the calculation of quantities and limits of Restoration which will be allowed for payment will
be in accordance with the"Standard Specifications." Restoration,fill sand,stone,etc.,required outside of the limits
as indicated in the Contract Documents will be considered incidental to the Contract. The Contractor shall at all
times maintain all equipment and materials within the limits of restoration as specified.
9. Removal and Replacement: all removal and replacement items will be marked and measured for payment
prior to removal by the Contractor. Any removal beyond these lines will be replaced to the satisfaction of the
Director of Community Development with no additional compensation.
10. Business/Resident Notification: The Contractor shall not close any street or private driveway without the
consent of the Director of Community Development,and the proper notification of the affected business/resident.
11. Use of Fire Hydrants: no fire hydrants shall be used to obtain water for non-emergency use. Water can be
purchased and obtained at the City's Public Works Building.
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UNITED CITY OF YORKVILLE,ILLINOIS
GENERAL CONDITIONS
These General Conditions apply to all proposals requested and accepted by the City and become a part of the
contract unless otherwise specified. Persons submitting proposals or their authorized representatives are expected to
fully inform themselves as to the conditions,requirements,and specifications before submitting proposals. The City
assumes that submission of a proposal means that the person submitting the proposal has familiarized himself with
all conditions and intends to comply with them unless noted otherwise.
1. Forms—All proposals must be submitted on the forms provided, complete with all blank spaces filled in and
properly signed in ink in the proper spaces. All proposal forms may be obtained from the Office of the
Administrator,800 Game Farm Road,Yorkville,Illinois 60560 and when completed delivered to the same
Office prior to the proposal closing date and time. Persons submitting proposals may attach separate sheets
for the purpose of explanation,exception,or alternative proposal and to cover required unit prices.
2. Submittal of Proposal — Proposals must be submitted to the attention of the Director of Community
Development.
3. Examination of Proposal Forms, Specifications, and Site — The person submitting the proposal shall
carefully examine the proposal forms which may include the request for proposal, instruction to Persons
submitting proposals, general conditions, special conditions, plans, specifications, proposal form, bond, and
any addenda to them, and sites of the proposed work (when known) before submitting the proposal. The
person submitting the proposal shall verify all measurements relative to the work,shall be responsible for the
correctness of same. The person submitting the proposal will examine the site and the premises and satisfy
themselves as to the existing conditions under which the person submitting the proposal will be obligated to
operate. Failure of the person submitting the proposal to notify the City, in writing, of any condition(s) or
measurement(s) making it impossible to carry out the work as shown and specified, will be construed as
meaning no such conditions exist and no additional moneys will be added to the contract. The successful
person submitting the proposal must notify all utility companies that are a part of J.U.L.I.E. of the
responsibility of each utility company to locate its utilities.
The submission of the proposal shall be considered conclusive evidence that the person submitting the
proposal has investigated and is satisfied as to all conditions to be encountered in performing the work,and is
fully informed as to character, quality, quantities, and costs of work to be performed and materials to be
furnished,and as to the requirements of the proposal forms. If the proposal is accepted,the person submitting
the proposal will be responsible for all errors in his proposal resulting from his failure or neglect to comply
with these instructions, and the City shall not be responsible for any charge for extra work or change in
anticipated profits resulting from such failure or neglect.
4. Scope of Work — The person submitting the proposal shall supply all required supervision, skilled labor,
transportation,new materials,apparatus,and tools necessary for the entire and proper completion of the work.
The person submitting the proposal shall supply, maintain and remove all equipment for the performance of
the work and be responsible for the safe, proper and lawful construction, maintenance and use of the same.
This work shall be completed to the satisfaction of the City. The person submitting the proposal shall provide
adequate protection of the job site to protect the general public and adjacent property. The City is not
responsible for site safety. The person submitting the proposal is solely and exclusively responsible for
construction means,methods,technologies and site safety.
5. Completeness — All information required by the Request for Proposal must be supplied to constitute a
responsive proposal. The Person submitting the proposal shall include the completed Proposal Sheet. The
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City will strictly hold the person submitting the proposal to the terms of the proposal. The proposal must be
executed by a person having the legal right and authority to bind the person submitting the proposal.
6. Error in Proposals—When an error is made in extending total prices,the unit proposal price and/or written
words shall govern. Otherwise, the person submitting the proposal is not relieved from errors in proposal
preparation. Erasures in proposals must be explained over signature of person submitting the proposal.
7. Withdrawal of Proposals—A written request for the withdrawal of a proposal or any part thereof may be
granted if the request is received by the Director of Community Development prior to the Closing Date.
8. Person submittine the proposal Interested in More than One Proposal—Unless otherwise specified, if
more than one proposal is offered by any one party,by or in the name of his or their agent,partner,or other
persons,all such proposals may be rejected. A party who has quoted prices on work,materials,or supplies to
other Persons submitting proposals is not thereby disqualified from quoting prices to other Persons submitting
proposals or from submitting a proposal directly for the work,materials,or supplies.
9. Person submittine the proposal's aualifications —No award will be made to any person submitting the
proposal who cannot satisfy to the City that they have sufficient ability and experience in this class of work,as
well as sufficient capital and equipment to do the job and complete the work successfully within the time
named (i.e. responsible). The City's decision or judgment on these matters shall be final and binding. The
City may make such investigations as it deems necessary. The person submitting the proposal shall furnish to
the City all information and data the City may request for the purpose of investigation.
10. Proposal Award for All or Part—Unless otherwise specified, proposals shall be submitted for all of the
work or items for which proposals are requested. The City reserves the right to make award on all items,or
any of the items,according to the best interests of the City.
11. Samples— Samples or drawings requested shall be delivered and removed at no cost to the City. The City
shall not be responsible for damage to samples. Samples shall be removed by the person submitting the
proposal within thirty (30) days after notification. Samples must be submitted prior to the time set for the
opening of proposals.
12. Equipment or Materials—Each person submitting the proposal shall submit catalogs,descriptive literature,
and detailed drawings necessary to fully describe those features or the material or work not covered in the
specifications. The parts and materials proposals must be of current date (latest model) and meet
specifications. This provision excludes surplus, remanufactured, and used products except as an alternate
proposal. The brand name and/or manufacturer of each item proposed must be clearly stated in the proposal.
Guarantee and/or warranty information must be included with this proposal.
13. Toxic Substance—Prior to delivery of any material which is caustic, corrosive, flammable or dangerous to
handle, the supplier shall provide written directions as to methods of handling such products, as well as the
antidote or neutralizing material required for its first aid(Material Safety Date Sheet).
14. Delivery—Where applicable all materials shipped to the City must be shipped F.O.B. delivered, designated
location, Yorkville, Illinois. If delivery is made by truck, arrangements must be made in advance by the
person submitting the proposal,with concurrence by the City,for receipt of the materials. The materials must
be delivered where directed.
15. Estimated Proposal Ouantities— On "Estimated Quantities",the City may purchase more or less than the
estimates. The Contractor shall not be required to deliver more than ten (10) percent in excess of the
estimated quantity of each item,unless otherwise agreed upon.
16. Trade Names—Alternative Proposal—When an item is identified in the specifications by a manufacturer's
or trade name or catalog number,the person submitting an alternative shall identify that item.
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If the specifications state "or equal" proposals on other items will be considered provided the person
submitting the proposal clearly identifies in his proposal the item to be furnished, together with any
descriptive matter which will indicate the character of the item.
Persons submitting proposals which deviate from these specifications,but which they believe are equivalent,
are requested to submit alternate proposals. However, ALTERNATE PROPOSALS MUST BE CLEARLY
INDICATED AS SUCH AND DEVIATIONS FROM THE APPLICABLE SPECIFICATIONS PLAINLY
NOTED. The proposal must be accompanied by complete specifications for the items offered. Persons
submitting proposals wishing to submit a secondary proposal must submit it as an alternate proposal.
The City shall be the sole and final judge unequivocally as to whether any substitute from the specifications is
of equivalent or better quality.
17. Price—Unit prices shall be shown for each unit on which there is a proposal as well as the aggregate price
and shall include all packing, crating, freight and shipping charges, and cost of unloading at the destination
unless otherwise stated in the proposal.
Unit prices shall not include any local, state,or federal taxes. The City is exempt,by law,from paying State
and City Retailer's Occupation Tax,State Service Occupation and Use Tax and Federal Excise Tax. The City
will supply the successful person submitting the proposal with its tax exemption number.
Cash discounts will not be considered in determining overall price,but may be used in an overall evaluation.
18. Consideration of Proaosal—No proposal will be accepted from or contract awarded to any person,firm or
corporation that is in arrears or is in default to the City upon any debt or contract, or that is a defaulter, as
surety or otherwise,upon any obligation to the City or had failed to perform faithfully any previous contract
with the City.
The person submitting the proposal, if requested, shall present within 48 hours evidence satisfactory to the
City of performance ability and possession of necessary facilities,pecuniary recourses and adequate insurance
to comply with the terns of these specifications and contract documents.
19. Execution of Contract—The successful person submitting the proposal shall,within fourteen(14)days after
notification of the award: (a)enter into a contract in writing with the City covering all matters and things as
are set forth in the specifications and his proposal and (b) cavy insurance acceptable to the City, covering
public liability,property damage,and workmen's compensation.
After the acceptance and award of the proposal and upon receipt of a written purchase order executed by the
proper officials of the City,this Instruction to Persons submitting proposals,including the specifications,will
constitute part of the legal contract between the United City of Yorkville and the successful person submitting
the proposal.
20. Performance and Labor and Material Payment Bonds — Unless specifically waived or amended in the
Special Conditions,the successful person submitting the proposal shall furnish at the time of execution of the
contract a performance bond for the full amount of the contract acceptable in form and surety to the City to
guarantee the completion of any work to be performed by the contractor under the contract.
Unless specifically waived or amended in the Special Conditions, the successful person submitting the
proposal shall furnish at the time of execution of the contract a bond for the full amount of the contract
acceptable in form and surety to the City conditioned upon the faithful performance and completion of the
contract, payment of material used in such work, and for all labor performed in such work including by
subcontractors.
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In the event that the person submitting the proposal fails to furnish the bonds within 14 days after notification
of the award, then the proposal guarantee shall be retained by the City as liquidated damages and not as a
penalty. It is agreed that the sum is a fair estimate of the amount of damages that the City will sustain due to
the person submitting the proposal's failure to furnish the bonds.
21. Compliance with All Laws—All work under the contract must be executed in accordance with all applicable
federal, state, and local laws, ordinances, rules, and regulations which may in any manner affect the
preparation of the proposal or performance of the contract.
22. Prevailing Wade—Not less than the prevailing rate of wages as established by the City shall be paid by the
Contractor and each subcontractor to its laborers, workers, and mechanics constructing public works under
this contract as determined by the Illinois Department of Labor pursuant to the Prevailing Wage Act (820
ILCS 130/0.01 et seq.). It shall be the responsibility of the Contractor to monitor the prevailing wage rates for
any increase in rates during the contract and adjust wage rates accordingly. The current prevailing wage rates
are available on the Illinois Department of Labor web site at www.state.il.us/agency/idol or by calling the
United City of Yorkville at 708-283-4950.
The Contractor and its subcontractors shall comply with Section 5 of the Act that requires the Contractor and
its subcontractors to submit to the City monthly certified payroll records along with a statement affirming that
such records are true and accurate,that the wages paid to each worker are not less than the required prevailing
rate and that the Contractor or subcontractor is aware that filing records it knows to be false is a Class B
misdemeanor. Each month's certified payroll(s)must be filed with the City before the end of the next month
or prior to payment by the City for work that includes that payroll.
23. Compliance with the Substance Abuse Prevention on Public Works Proiects Act—The Contractor and its
Subcontractors shall comply with the Substance Abuse Prevention on Public Works projects Act(820 ILCS
265/1 et seq.)and prior to commencing work on a"public works"project(as defined in the Prevailing Wage
Act) file with the City its program to comply with the Act or file that portion of its collective bargaining
agreement that deals with the matters covered by the Act.
24. Equal Employment Opportunity—During the performance of the contract and/or supplying of materials,
equipment,and suppliers,person submitting the proposal must be in full compliance with all provisions of the
Acts of the General Assembly of the State of Illinois relating to employment, including equal opportunity
requirements.
25. Contract Alterations—No amendment of a contract shall be valid unless made in writing and signed by the
City Administrator or his authorized agent.
26. Notices—All notices required by the contract shall be given in writing.
27. Nonassignability—The Contractor shall not assign the contract,or any part thereof,to any other person,firm,
or corporation without the previous written consent of the City Administrator. Such assignment shall not
relieve the Contractor from his obligations,or change the terms of the contract.
28. Indemnity—To the fullest extent permitted by law, the Contractor hereby agrees to defend, indemnify, and
hold harmless the City,its officials,agents,and employees,against all injuries,deaths,loss,damages,claims,
patent claims, suits,liabilities,judgments,cost, and expenses,which may in anywise accrue against the City,
its officials, agents, and employees, arising in whole or in part or in consequence of the performance of this
work by the Contractor, its employees, or subcontractors, or which may anywise result therefore, except that
arising out of the sole legal cause of the City, its agents, or employees, the Contractor shall, at its own
expense,appear,defend,and pay all charges of attorneys and all costs and other expenses arising therefore or
incurred in connections therewith,and,if any judgment shall be rendered against the City,its officials,agents,
and employees,in any such action,the Contractor shall,at its own expense,satisfy and discharge the same.
9
Contractor expressly understands and agrees that any performance bond or insurance policies required by this
contract,or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify,keep,
and save harmless and defend the City,its officials,agents,and employees as herein provided.
29. Insurance — In submission of a proposal, the person submitting the proposal is certifying that he has all
insurance coverages required by law or would normally be expected for person submitting the proposal's type
of business. In addition,the person submitting the proposal is certifying that he has or will obtain at least the
insurance coverage that are required by law or would normally be expected for person submitting the
proposal's type of business. Commercial General Liability Insurance: Contractor shall provide commercial
general liability insurance policy that includes products, operations and completed operations (with no
exclusion for sexual abuse or molestation).Limits should be at least:Bodily injury&property damage with an
occurrence limit of$1,000,000: Personal & advertising injury limit of$1,000,000 per occurrence: General
aggregate limit of $2,000,000 (other than products and completed operations): Products and completed
operations aggregate limit of $2,000,000. The policy shall name the City as an additional insured. Such
coverage will be provided on an occurrence basis and will be primary and shall not contribute in any way to
any insurance or self- insured retention carried by the City. Such coverage shall contain a broad form
contractual liability endorsement or similar wording within the policy form.
30. Default—The City may terminate a contract by written notice of default to the Contractor if:
a. The Contractor fails to make delivery of the materials or perform the services within the time
specified in the proposal,or
b. fails to make progress so as to endanger performance of the contract,or
C. fails to provide or maintain in full force and effect, the liability and indemnification coverages or
performance bond as required.
If the City terminates the contract, the City may procure supplies or services similar to those so terminated,
and the Contractor shall be liable to the City for any excess costs for similar supplies and services,unless the
Contractor provides acceptable evidence that failure to perform the contract was due to causes beyond the
control and without the fault or negligence of the Contractor.
31. Inspection—The City shall have a right to inspect,by its authorized representative,any material,components,
or workmanship as herein specified. Materials, components, or workmanship that has been rejected by the
authorized representative as not in accordance with the terms of the specifications shall be replaced by the
Contractor at no cost to the City.
32. Supplementary Conditions — Wherever special conditions are written into the specifications or
supplementary conditions which are in conflict with conditions stated in these Instructions to Person
submitting the proposal, the conditions stated in the specifications or supplementary conditions shall take
precedence.
33. Permits and Licenses—The successful person submitting the proposal and their subcontractor(s)shall obtain,
at their own expense, all permits and licenses which may be required to complete the contract. Fees for all
City permits and licenses shall be waived.
34. Person submitting the proposal's Certification—- In compliance with the Illinois State Law that requires
each person submitting the proposal to file a certification regarding proposal rigging and proposal rotating and
that it is not delinquent in its taxes.
35. Chance Orders—After the contract award,changes in or additions to the work and/or a change in the amount
of money to be paid to the person submitting the proposal must be the result of an approved change order first
ordered by the Director of Community Development and approved by the City Administrator and/ or City
Council.
10
36. Time of Completion—The successful person submitting the proposal shall completely perform its proposal in
strict accordance with its terms and conditions within the number of consecutive calendar days after
notification of award of the contract as stated in the proposal proposal.
37. Payment— Payment will be made within thirty (30) days after acceptance of the job by the City after the
completion of the work as covered within the contract documents.
38. Guarantees and Warranties — All guarantees and warranties required shall be furnished by the successful
person submitting the proposal and shall be delivered to the City before final payment on the contract is issued.
39. Waiver of Lien — where applicable a waiver of lien and contractor's affidavit must be submitted by the
successful person submitting the proposal, verifying that all subcontractors and material invoices have been paid
prior to the City approving final payment.
11
PROPOSAL
Note: The Person submitting the proposal must complete all portions of this Proposal
The undersigned, having examined the specifications, and all conditions affecting the
specified project, offer to furnish all services, labor and incidentals specified for the price
below.
It is understood that the City reserves the right to reject any and all proposals and to waive
any irregularities and that the prices contained herein will remain valid for a period of not
less than ninety(90) days.
I(We)propose to complete the following project as more fully described in the specifications
for the following:
1. Furnish, Deliver and Install Fence Structure Including 2 Gates
2. Furnish, Deliver and Install Building Numbers
3. Towing and Storage of Vehicles
4. Removal and Disposal of Additional Items
Per Cubic Yard of Waste $
SUBTOTAL: $
12
do represent that I am(title)
of(company) , and that
the attached submittal complies in all respects with the safety and accessibility standards
as set forth in this request for proposals either by inclusion or by reference. Please attach
required submittals and any additional supporting information.
Our firm has not altered any of the written texts within this document. Only those areas
requiring input by the respondent have been changed or completed.
Our firm will comply with the Prevailing Wage requirements as outlined in section
entitled"A. General Conditions"and Public Act 095-0635.
If it is the Contractor's intention to utilize a subcontractor(s) to fu,fUl the requirements of the
Contract, the City must be advised of the subcontractor's company name, address,
telephone and fax numbers, and a contact person's name at the time of proposal
submittal.
YES NO
Will you be utilizing a subcontractor?
If yes,have you included all required
Information with your proposal submittal?
or
NO PROPOSAL—Keep our company on your
Persons submitting proposals List
Signature
Date
NO PROPOSAL—Remove our company from
Your Persons submitting proposals List
Signature
Date
13
I hereby certify that the item(s)proposed is/are in accordance with the specifications as noted
and that the prices quoted are not subject to change; and that
The Person submitting the proposal is not barred by law from submitting a proposal to the
City for the project contemplated herein because of a conviction for prior violations of
either Illinois Compiled Statutes, 720 lLCS 5/33E-3 (Proposal Rigging) or b720 lLCS
5/33-4 (Proposal Rotating); and that
The Person submitting the proposal is not delinquent in payment of any taxes to the Illinois
Department of Revenue in accordance with 65 ILCS 5/11-42.1; and that
The Person submitting the proposal provides a drug free workplace pursuant to 30 ILCS
580/1, et seq., and that
The Person submitting the proposal certifies they have a substance-abuse program and
provide drug testing in accordance with 820 ILCS 130/11G, Public Act 095-0635; and
that
The Person submitting the proposal is in compliance with the Illinois Human Rights Act 775
lLCS 5/1.101 et seq. including establishment and maintenance of sexual harassment
policies and program.
Firm Name Signed Name and Title
Street Address Print Name and Title
City State Zip E-mail Address
Phone Number Fax Number
Date
14
Exhibit B
PROPOSAL
Note: The Person submitting the proposal must complete all portions of this Proposal
The undersigned, having examined the specifications, and all conditions affecting the
specified project, offer to furnish all services, labor and incidentals specified for the price
below.
It is understood that the City reserves the right to reject any and all proposals and to waive
any irregularities and that the prices contained herein will remain valid for a period of not
less than ninety(90) days.
I (We)propose to complete the following project as more fully described in the specifications
for the following:
1. Furnish, Deliver and Install Fence Structure Including 2 Gates *(1)
$ 82,872.35
2. Furnish,Deliver and Install Building Numbers
$ 350.00
3. Towing and Storage of Vehicles *(2)
$ 3,750.00
4. Removal and Disposal of Additional Items *(3)
Per Cubic Yard of Waste $ 34,690.00
SUBTOTAL: $ 121,662.35
*(1) Resents Option 2 in Proposal on pag-, 1.
*(2) See Notes in Proposal an Page 2.
*(3) QJbic Yards are uaioxw - cost runts Total.
*(4) See Notes in Proposal on Page 3 - all apply.
12
I, Adiael W. Mxddo , do represent that I am (title)
CA-owner of(company) Ail ti,inn Fmrp rn_, Tm_ , and that
the attached submittal complies in all respects with the safety and accessibility standards
as set forth in this request for proposals either by inclusion or by reference. Please attach
required submittals and any additional supporting information.
X Our firm has not altered any of the written texts within this document. Only those areas
requiring input by the respondent have been changed or completed.
X Our firm will comply with the Prevailing Wage requirements as outlined in section
entitled"A. General Conditions"and Public Act 095-0635.
If it is the Contractor's intention to utilize a subcontractor(s) to fulfall the requirements of the
Contract, the City must be advised of the subcontractor's company name, address,
telephone and fax numbers, and a contact person's name at the time of proposal
submittal.
YES NO
Re rlelI s Inc.
Will you be utilizing a subcontractor? X (T )
Attn: Mike Fblym
If yes,have you included all required 815 740-4545
Information with your proposal submittal?
or
NO PROPOSAL—Keep our company on your
Persons submitting proposals List
Signature
May 31, 2017
Date
NO PROPOSAL—Remove our company from
Your Persons submitting proposals List
Signature
Date
13
I hereby certify that the item(s) proposed is/are in accordance with the specifications as noted
and that the prices quoted are not subject to change; and that
The Person submitting the proposal is not barred by law from submitting a proposal to the
City for the project contemplated herein because of a conviction for prior violations of
either Illinois Compiled Statutes, 720 ILCS 5/33E-3 (Proposal Rigging) or b720 ILCS
5/33-4 (Proposal Rotating); and that
The Person submitting the proposal is not delinquent in payment of any taxes to the Illinois
Department of Revenue in accordance with 65 ILCS 5/11-42.1; and that
The Person submitting the proposal provides a drug free workplace pursuant to 30 ILCS
580/1, et seq., and that
The Person submitting the proposal certifies they have a substance-abuse program and
provide drug testing in accordance with 820 ILCS 130/11G, Public Act 095-0635; and
that
The Person submitting the proposal is in compliance with the Illinoi� Human Rights Act 775
ILCS 5/1.101 et seq. including establishment and maintenance of sexual harassment
policies and program.
uy�a�,u�,wrt
All Union Fence Co. , Inc.
Firm Name Signed Name and Title
907 Rowell Avenue Michael W. Mardzio Co-Owner
Street Address Print Name and Title
Joliet IL 60433 .oan
City State Zip E-mail Address
815 726-6995 815 722-6944
Phone Number Fax Number
May 31, 2017
Date
14
Dropooat
All Union Fence Co . , Inc .
To: The United City of Yorkville 05-31 -17
Phone: 630-553-4350 Direct: 630-553-8574
Attention: Erin Willrett
Job Loction: 206 Heustis St Yorkville, IL 60560
All Union Fence Company will furnish and install materials, labor
and equipment for the following
Fencing ... 900' Approximately of 96" high privacy fencing with (2) 121wide
double drive gates. All posts set 36"-42" x 12" o.d. concrete footing.
*
(Option 2) is All Western Red Cedar solid Dog-eared Picket sections set on
Heavy Duty 4"x 4" Schedule 40 Galvanized Posts with 48 month warranty.
** Material Only Price = $ 29, 990.00 ( tax exempt )
Installation for the above fencing using all Union Trade Ironworkers,
Laborers and Operators.
** Total Labor Only Price = $ 52, 882.35 ( includes Insurance, Equipment and
Concrete costs )
Proposal Acceptance Signature: _/)"
i a'a/A)
The customer is responsible for all permits required.Un ground utilities(All cables,conduits,water,sewage,septic,
gas,etc.)are to be located and marked by the customer and not the responsibility of All Union Fence or their installers.
Gravel,rock,loose sand or other obstructed digging is subject to an additional charge.The fence line is to be staked out
and all accessible to workers and equipment.Trimming/clearing trees,bushes,briar,dirt removal and the disposal of
concrete footings are subject to additional charges.Delays occurring on the jobsite due to changes orders,Time lost,
conditions changes or change in the scope of work are subject to additional charges.$125 per man hour,equipment and
materials may also apply.
AUIF
All Union Fence Co., Inc.907 Rowell Avenue Joliet, IL 60433 Phone 815-726-6995 Fax 815-722-6944
Vrovooal
All Union Fence Co . , Inc .
PG. 2
Building Address Numbers ... (1) Set for existing building at 206 Heustis St as
specified.
** Total installed cost = $ 350.00
Towing of Vehicles / Trailers ... Approximately 12 total. All credentials
needed to legally tow the vehicles off of the property to be provided by The
United City of Yorkville and forwarded to the Towing Company prior to
commencement of they're removal.
Total Tow Only Price
$ 250.00 for regular sized vehicles each x (9) _ $2,250.00
$ 500.00 for oversized vehicles each x (3) _ $1,500.00
** Complete Estimated Tow Total ... _ $3,750.00
Storage of Vehicles / Trailers ... Each towed vehicle / trailer will be charged
$50.00 per day storage until it is claimed and removed from the storage yard
by it's owner. If the vehicle / trailer is not claimed within (30) days the
Tow Company will take full possession of it, at this time storage fees are
dropped for unclaimed vehicles / trailers. The owner of the vehicles /
trailers will negotiate directly with the tow company once the vehicles have
been removed from 206 Heustis St Yorkville, IL. All storage fees to be paid
for by the vehicle / trailer owner. All storage payments to be made directly
to the Tow Company.
Proposal Acceptance Si nature:
The customer is responsible for all permits required.U erground utilities(All cables,conduits,water,sewage,septic,
gas,etc.)are to be located and marked by the customer and not the responsibility of All Union Fence or their installers.
Gravel,rock,loose sand or other obstructed digging is subject to an additional charge.The fence line is to be staked out
and all accessible to workers and equipment.Trimming/clearing trees,bushes,briar,dirt removal and the disposal of
concrete footings are subject to additional charges.Delays occurring on the jobsite due to changes orders,Time lost,
conditions changes or change in the scope of work are subject to additional charges.$125 per man hour,equipment and
materials may also apply.
AUF
All Union Fence Co. Inc.907 Rowell Avenue Joliet, IL 60433 Phone 815-726-6995 Fax 815-722-6944
Vroyooat
All Union Fence Co . , Inc .
PG. 3
** Complete Estimated Storage Total ... _ $ T.B.D
Removal of Wood logs and other rubbish ... Old logs stacked on the property to
be removed from site along with other non E.P.A. regulated items such as
general garbage small equipment, Etc.
** Complete Removed Price ... _ $ 34, 690.00
Notes: Above prices do not include Weekend or Holiday work, All digging is
figured as standard method, extra charges may apply if we encounter solid
rock or gravel digging. Any delays by others ( property owner or Village
Officials ) , enough so as to stifle work progress will be billed at an extra
cost to the United City of Yorkville. All extras should there be any will be
in the form of a change order. All Union Fence Company will remain countless
in any legal negotiations / law suite(s) either before, during or after the
work has been performed. All work will be performed in a professional /
workman like manner, All materials to be of highest quality available.
AProposal Acceptance Signature: 04-
The customer is responsible for all permits required.Un ground utilities(All cables,conduits,water,sewage,septic,
gas,etc.)are to be located and marked by the customer and not the responsibility of All Union Fence or their installers.
Gravel,rock,loose sand or other obstructed digging is subject to an additional charge.The fence line is to be staked out
and all accessible to workers and equipment.Trimming/clearing trees,bushes,briar,dirt removal and the disposal of
concrete footings are subject to additional charges.Delays occurring on the jobsite due to changes orders,Time lost,
conditions changes or change in the scope of work are subject to additional charges.$125 per man hour,equipment and
materials may also apply.
AUcrmm=
All Union Fence Co. Inc.907 Rowell Avenue Joliet, IL 60433 Phone 815-726-6995 Fax 815-722-6944