Resolution 2018-21 Resolution No. 2018-
A RESOLUTION AUTHORIZING A CONTRACT WITH TRICO
MECHANICAL INC. FOR THE HVAC SYSTEM REPLACEMENT PROJECT
FOR THE BEECHER CENTER AT 901 GAME FARM ROAD
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 April 25, 2018 for the HVAC
system replacement project for the Beecher Center at 901 Game Farm Road; 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 Trico Mechanical Inc. of Sugar Grove, Illinois, having submitted a bid in the
amount of$320,225.00 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 Trico Mechanical Inc. in the amount not to exceed
$320,225.00 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 Trico
Mechanical 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 Jim 64 2018.
CITY CLERK
Resolution No.2018-o�
Page 1
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER
CHRIS FUNKHOUSER JOEL FRIEDERS
SEAVER TARULIS ALEX HERNANDEZ
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of 74U6 US% , 2018.
'W-F lidO
Resolution No.2018--0—/
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United City of Yorkville, Illinois
REQUEST FOR PROPOSAL
for an HVAC System Replacement at the Beecher Center
Legal Notice Posted: April 25,2018
Pre-Bid Meeting May 8,2018 at 10:00 AM
Proposals Due: May 17, 2018 at 10:00AM
United City of Yorkville
REQUEST FOR PROPOSAL
HVAC System Replacement at the Beecher Center
May 2018
Table of Contents
A. Legal Notice to Bidders
B. General Information
C. Introduction
D. Project Specifications
E. Instructions to Bidders
F. Contract
G. Bid Certifications
H. References
I. Subcontractors
J. Equipment List
K. Bid Proposal Sheet
L. Bid Sheet Signature
A Contractor Bid Agreement
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United City of Yorkville, Illinois
LEGAL NOTICE
Request for Proposal
HVAC System Replacement at the Beecher Center
Sealed bids for an HVAC system replacement at the Beecher Center will be received at the
address listed below until May 17,2018 at 10:00 a.m. All bids will be publicly opened
immediately thereafter. Proposals Bids not physically received by the City by 10:00 a.m. on
May 17,2018 will be returned,unopened to the bidder. Emailed or faxed proposals will not
be accepted.All proposals should be addressed and delivered to:
United City of Yorkville
RE: (Vendor Name)
Bid for HVAC System Replacement at the Beecher Center
Attention: Steve Raasch,Facilities Manager
800 Game Farm Road
Yorkville,IL 60560
There will be a Pre-Bid Meeting at Yorkville City Hall on Tuesday,May 8, 2018 at 10:00 AM.
Bid packets are available online at http://www.yorkville.il.us. The link can be found under the
Business tab-Bids&RFPs.Additional packets may be picked up at City Hall, 800 Game Farm
Road,Yorkville, IL 60560. City Hall is open Monday through Friday, 8:OOAM to 4:30PM.
Each bid must be accompanied by a Bid Guarantee in the form of a Bid Bond from a company
with an A-1 best rating,or a cashier's check in the amount of ten percent(100%)of the bid and
made payable to the United City of Yorkville, 800 Game Farm Road,Yorkville, IL 60560.No
bid shall be withdrawn for a period of thirty(30)days after the bid opening date without the
consent of the City. Checks or drafts of unsuccessful bidders will be returned as soon as possible
after award and execution of the contract. Contractor must comply with Prevailing Wage Act.
Any questions concerning this Request For Proposal,the actual specifications or the plans can be
forwarded by email to Eric Dhuse at edhuse(&yorkville.il.us no later than May 10,2018 at SPM.
The City Council will make the final selection and award of the contract.The City Council reserves
the right to accept or reject any and all bids,to waive technicalities and to accept or reject any item
of any bid.
No communication,except as otherwise allowed in the specifications, shall occur regarding
this Request For Proposal,including requests for information,or speculation between
Bidder's or any of their individual members and any City elected official,employee or
independently contracted employees or consultants.Failure to comply with this provision
may result in offeror's proposal being removed from consideration
Any cost incurred by the Bidder in preparation,transmittal,or presentation of any information or
material submitted in response to the RFP, shall be borne solely by the Bidder.
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General Information
The United City of Yorkville is seeking an experienced individual or firm for the removal and
replacement of the HVAC system at the Beecher Center. The Beecher Center is located at 901
Game Farm Rd,Yorkville,IL 60560.
The Contractor shall furnish and provide all labor,materials,tools,equipment and machinery,
unless otherwise specified, necessary to perform and complete, in a good and workmanlike
manner, the removal and replacement of the HVAC system at the Beecher Center. The
Contractor is responsible for being familiar with all conditions, instructions, and documents
governing this contract.Failure to make such preparations shall not excuse the Contractor from
performance of the duties and obligations imposed under the term of this contract.
Introduction
Project Description:
The City is requesting proposals according to the Project Specifications and Plans contained herein
(the"Project").The Project consists of the removal and replacement of the HVAC system of the
Beecher Center.All equipment is currently roof mounted and concealed in ventilated attic/roof
space. A job site visit is expected to submit a comprehensive bid.
Project Specifications and Plans
Scope of Work: The City is requesting a turn-key proposal for the replacement of one(1)
Mammoth packaged heat/cool RTU and one(1)Mammoth heat only RTU with DX Condenser.
All equipment is currently roof mounted and concealed in ventilated attic/roof space. Bidders must
completely familiarize themselves with the specifications in this bid document.
Description of Work.
• Demo and removal existing equipment from the job site.
• Capping/covering of exiting unused roof curbs with galvanized steel caps,insulated on inside
of cap with 1"insulation.
• Below is the basis for design and the Contractor will be responsible for producing a set
of engineered and stamped drawings for the following:
1) Install two(2)Packaged Heat/cool units sized to handle current spaces conditioned
by the units designated for replacement. New units to be side discharge,equipped
with: economizers with built in power exhaust,humidification control,and CO2
monitoring,include new flat curbs supplied by manufacture.Acceptable
manufactures:Trane,Carrier Corp or equivalent. All submitting companies must
submit manufacture and basic model numbers,manufacturer specifications and cut
sheets with the bid submittals.
2) New units to be set to be set on manufactured supplied equipment curbs and new 6"
thick concrete reinforced concrete pad,large enough to allow for manufactures
required clearance. All pad work,grading and reseeding to be included in quote,
spoils that are not used for back fill or final grading to be hauled off site at the
expense of the contractor awarded the project.Exact location of new concrete pad to
be approved by the City of Yorkville. This will be a separate line item. The City
may be able to provide the concrete slab,time permitting.
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3) Supply and return duct to be extended from point of disconnection in attic space and
connected to side discharge connections of corresponding new unit.
4) Contractor to supply stainless steel ductwork for all exterior ductwork until the
interior connection is made.
5) Bid needs to include hail guards installed on each unit.
6) Electric and gas from demo'd units from shall be extended to from attic space to
location of new units.All shut offs and disconnects in attic space to be removed and
new shut offs and disconnect switches to be installed per code at location of new
units. Contractor to confirm that existing wiring,breakers and gas is of proper size
and should include any needed upgrades in their proposal.
7) Controls-Shall be stand alone digital thermostats with(7)day programmable
schedule,capable of controlling all functions of the new HVAC equipment.
Thermostats should also have a wifi option so that the Facilities Manager or Public
Works Director can monitor them through a cell phone application.
8) Six(6)foot tall Cedar privacy fence with locking double door gate sized large enough
to allow for future service or replacement of units shall be installed around concrete
pad.
9) Existing Condenser discharge opening in roof to have rain proof outside air hoods
installed to allow for ventilation of attic space.
10) Existing wood louvers on the south side of the building used for access to the attic
space shall be removed and discarded to allow for new duct work,access must be
maintained to allow for access into space.
11) Duct Insulation-All Exterior Supply and Return Duct work to be externally insulated
with 2"thick fiberglass board with Venture Clad wrap.
12) Test&Balance-At end of project the contractor will turn in a TAB certified report
showing:Manufactures test data, fan curves,total cfin,and static along with any
other relative performance data associated with specified equipment.Any belts,
sheaves or pulleys needed for adjustments to be installed with no added expense to
the City of Yorkville.
Submittals: Contractor will be responsible for submitting the final design to the Director and/or
Facilities Manager for review and approval. The equipment submittals shall be approved and
stamped by a mechanical engineer.
Training: Contractor to provide one(1)training session for owners representative. Training to
include controls and general maintenance.
Billing/Invoicing: All billing and invoicing should be done at the completion of the project. Billing
will include the date,the items supplied with serial numbers,and the total cost of each line item.
After receipt of a correct invoice,payments shall be due and owing by the City in accordance with
the terms and provisions of the Local Government Prompt Payment Act, Illinois Compiled
Statutes, Ch. 50, Sec. 505, et. seq.;
If, in the opinion of the City, the Contractor has not or is not satisfactorily performing the
work covered by this specification,and within three(3)business days of receipt of a written
demand from the City, for performance,has not cured any defect in performance specifically
itemized in such demand,the City may, at its option:
a) Withhold payment.
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b) Consider all or any part of this contract breached and terminate the contractor, or
c) May hire another contractor to cure any defects in performance or complete all work
covered by this specification for the remaining term of this contract.
d) Any demand for performance shall be specifically delivered to contractor by
personal delivery,certified or registered mail.
The City will make periodic inspections and follow up as needed with the contractor to discuss
any issues,etc.
Warranty:Contractor shall ensure a five(5)manufacturer's warranty coverage and/or warranty
service on any and all items including goods,materials,or equipment provided to the City. All
Manufacturer warranties shall be passed through to the City. Such warranty shall not be deemed
waived either by reason of the City's acceptance of said material or goods or by payment for them.
The Contractor shall assist the City with replacement of all defective or damaged goods.
Contractor to provide one(1)year labor warranty on installation. Labor Warranty to start on
date of owner training.
Annual Maintenance: Contractor to provide pricing for an annual maintenance contract to cover
preventative maintenance and change over costs for the twice annual start-up and shut down of the
units.
Disposal of Material: Contractor shall legally dispose of all waste material generated from the
project at a dump site compliant with Local, State and Federal regulations.Contractor shall provide a
report of the amount in cubic yards of material disposed and where the material was disposed.The
contractor will be required to provide&sign a disposal certificate acknowledgement form. In
addition,Contractor shall reclaim refrigerant per EPA guidelines-documentation of this must be
turned in at end of job.
Completion of Proiect: Contractor to supply owner with(2)copies of equipment O&M manuals,
Test and Balance Report,Approved Equipment Submittals,Warranty letter stating start and finish
dates for both manufactures warranty and labor warranty.
Prevailing wage Law: This project is subject to the Illinois Prevailing Wage Act.
Conditions: The Contractor is responsible for being familiar with all conditions of this project
and delivery location. Failure to make such investigation and preparations shall not excuse the
Contractor from performance of the duties and obligations imposed under the terms of this
contract.
Traffic Control: The Bidder will be responsible for maintenance of traffic during the Project. If
necessary,the Bidder must use flag men,traffic cones and advance warning signs to assist with
traffic flow and comply with the State of Illinois Traffic Control Manual.
Debris: The Bidder shall clean and maintain all work areas at all times. Effective dust control
by use of spray systems or other means shall be maintained at all times.
Protection of Property and Utilities: All reasonable precautions will be taken to protect public
and private property such as pavements, sidewalks,lawns, fences,bushes,trees, shrubs,catch
basins,manholes,drains,utilities,buildings and other property from undue damage. If the Director
of Public Works determines that the Contractor has damaged or destroyed property, it shall be
repaired or replaced to the satisfaction of the Director at the Contractor's expense.
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If Applicable,the Contractor shall have full responsibility for locating all underground facilities in
work areas,whether shown or not shown on the Drawings,and contacting JULIE for coordination
of the work with the owners of such underground facilities during construction, for the safety and
protection thereof,and repairing any damage thereto resulting from the Project;the cost of which
shall be included in the Contract Unit Prices for the items specified.
Rules,regulations,and codes governing the respective utilities which may be encountered shall be
observed in executing all work
Accident Reporting: All accidents occurring on the job which damage public or private property,
result in injuries to workers or other persons,or damage to utilities shall be promptly reported to
the City's Police and to the Public Works Department.
The person or company submitting the bid 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
bid.
NOTE: Scope of Work was written with the help of Trico Mechanical,Inc. of Sugar Grove,IL.
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Instructions to Bidders
1. Receipt of Bid: May 17,2018;10:00 A.M.
2. Basis of Bid: Sealed bids will be received until the above noted time and date.
3. Project Description: HVAC system replacement for the Beecher Center
4. Preparation and Submission of Bids:
A. Each bid shall be submitted on the exact form fiunished. All blank spaces for bid
prices,unit costs and alternates must be filled in using both words and figures if
indicated. In case of any discrepancy in the amount bid,the prices expressed in written
words shall govern.
B. Each Bidder must complete,execute and submit with its bid a certifications regarding
public contracting.
C. Each Bidder must submit a complete bid package,including the following items:
i. Signed Contract
ii. Bid Certifications
iii. Bid Sheet
iv. Contract
v. References
vi. Subcontractors List.
vii. Equipment List
viii. Bid Guarantee in the amount of 10% of the total of project.
D. One(1)paper copy of the bid and one electronic version of the bid on a flash drive
in a *.pdf(Adobe Acrobat) version shall be submitted in a sealed envelope on or
before the time stated and shall bear the name of the individual, firm, or corporation
submitting the Bid and the Bid Name-"HVAC System replacement for the Beecher
Center".
E. Bidders may attach separate sheets to the bid for the purpose of explanation, exception,
alternate bid and to cover unit prices,if needed.
F. Bidders may withdraw their bid either personally or by written request at any time
before the hour set for the bid opening,and may resubmit it. No bid may be withdrawn or
modified after the bid opening except where the award of contract has been delayed for a
period of more than ninety(90)days.
G. In submitting this bid, the bidder fin Cher declares that the only person or party
interested in the proposal as principals are those named herein;and that the bid is made
without collusion with any other person,firm or corporation.
H. The Bidder further declares that he has carefully examined this entire Bid Package,and he
has familiarized himself with all of the local conditions affecting the Project and the
detailed requirements of this work and understands that in making the bid he waives all
rights to plead a misunderstanding regarding same.
I. The Bidder further agrees that if the City decides to extend or shorten the completion
period,or otherwise alters it by extras or deductions,including elimination of one or more
of the items,as provided in the specifications,the Bidder will perform the work as altered,
increased or decreased.
J. The Bidder further agrees that the City representative may at any time during the
progress of the Project covered by this Contract, order other work or materials incidental
thereto and that all such work and materials as do not appear in the bid or contract as a
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specific item covered by a lump sum price, and which are not included under the bid
price for other items in the Contract,shall be performed as extra work.
K. The Bidder further agrees to execute all documents within this Bid Package, for this
work and present all of these documents to the City.
L. The Bidder further agrees to execute all documents within this Bid Package, obtain a
Certificate of Insurance for this work and present all of these documents within fifteen(15)
days after the receipt of the Notice of Award.
M. The Bidder further agrees to begin work not later than ten(10)days after receipt of the
Notice to Proceed, unless otherwise provided, and to execute the work in such a
manner and with sufficient materials,equipment and labor as will insure its completion
within the time limit specified within the bid, it being understood and agreed that the
completion within the time limit is an essential part of the contract.
N. By submitting a bid,the Bidder understands and agrees that,if his bid is accepted,and he
fails to enter into a contract forthwith, he shall be liable to the City for any damages the
City may thereby suffer.
O. No bid will be considered unless the party offering it shall furnish evidence satisfactory to
the City that he has necessary facilities, ability and pecuniary resources to fulfill the
conditions of the Contract.
5. Additional Information Reauest:_Questions regarding this Request for Proposal can be
emailed to Steve Raasch,Facilities Manager at SRaasch(a,yorkville.il.us and specific
questions regarding the specifications in this Invitation To Bid can be emailed to Eric
Dhuse at EDhuseAyorkville.il.us by the end of business on May 10,2018. Answers will
be provided in writing to all potential Bidders who the City has notice of their intent to
submit a bid;No oral comments will be made to any Bidder as to the meaning of the
Request for Proposal and Specifications or other contract documents. Bidders will not be
relieved of obligations due to failure to examine or receive documents,visit the site or
become familiar with conditions or facts of which the Bidder should have been aware of
and the City will reject all claims related thereto.
Information(other than in the form of a written Addendum issued by the City)from any
officer,agent,or employee of the City or any other person shall not affect the risks or
obligations assumed by the Bidder or relieve him from fulfilling any of the conditions and
obligations set forth in the proposal and other contract documents. Before the proposals
are opened,all modification or additions to the proposal documents will be made in the
form of a written Addendum issued by the City. Any Addendum issued will be posted on
the City's website. In the event of conflict with the original contract documents,addenda
shall govern all other contract documents to the extent specified. Subsequent addenda
shall govern over prior addenda only to the extent specified.
The Bidder shall be required to acknowledge receipt of the formal Addendum by signing
the Addendum and including it with the proposal quotation. Failure of a Bidder to include
a signed formal Addendum in its bid shall deem its bid non-responsive:provided,however
that the City may waive this requirement if it in its best interest.
6. Conditions•
A. The City is exempt from Federal excise tax and the Illinois Retailer's Occupation
Tax. This bid shall not include any amounts of money for these taxes.
B. To be valid, the bids shall be itemized so that selection for purchase may be made,
there being included in the price of each unit the cost of delivery(FOB Destination).
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C. The City shall reserve the right to add or to deduct from the base bid and/or alternate bid
any item at the prices indicated in itemization of the bid.
D. All bids shall be good for ninety(90)days from the date of the bid opening.
7. Award of Bid: The United City of Yorkville reserves the right to reject any or all bids
and to waive any informality or technical error and to accept any bid deemed most favorable
to the interests of the United City of Yorkville.
A. The items of work not specifically mentioned in the Schedule which are necessary
and required to complete the work intended shall be done incidental to and as part of
the items of work for which a unit price is given. No additional payment will be
made for such incidental work. The Bidder shall be responsible for identifying all
costs to complete the project on time and in order to create a functional and
operational system in accordance with the Plans and Specifications.
B. In addition to price,the City may consider:
• Ability,capacity and skill to fulfill the contract as specified.
• Ability to supply the commodities,provide the services or complete the
construction promptly,or within the time specified,without delay or interference.
• Character,integrity,reputation,judgment,experience and efficiency.
• Quality of performance on previous contracts.
• Previous and existing compliance with laws and ordinances relating to the contract.
• Sufficiency of financial resources.
• Quality,availability and adaptability of the commodities,services or construction,
in relation to the City's requirements.
• Ability to provide future maintenance and service under the contract.
• Number and scope of conditions attached to the bid/proposal.
• Record of payments for taxes,licenses or other monies due the City
8. Resection of Bids:
A. The City reserves the right to cancel invitations for bids or requests for proposals
without penalty when it is in the best interest of the City. Notice of cancellation
shall be sent to all individuals or entities solicited.
B. The City reserves the right to reject any or all bids,to waive any minor informality
or irregularity in any bid,to negotiate changes and/or modifications with the
lowest responsible bidder and to make award to the response deemed to be the
most advantageous to the City.Any bid not conforming to the specifications or
requirements set forth by the City in the bid request may be rejected.
C. Bids may also be rejected if they are made by a bidder that is deemed un-
responsible due to a lack of qualifications,capacity, skill,character,experience,
reliability, financial stability or quality of services, supplies,materials,equipment
or labor.
9. Equal ORRortunity: The Bidder will not discriminate against any employee or applicant
for employment because of race,color,religion, sex,ancestry,national origin,place of birth,
age or handicap unrelated to bona fide occupational qualifications.
10. Non-Discrimination: The Bidder, its employees and subcontractors, agrees not to commit
unlawful discrimination and agrees to comply with applicable provisions of the Illinois Human
Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and
rules applicable to each.
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11. • The Bidder,in signing his Bid on the whole or on any portion of
e work,shall contorm to the following requirements:
Bids signed by an individual other than the individual represented in the Bid documents
shall have attached thereto a power of attorney evidencing authority to sign the Bid in the
name of the person for whom it is signed.
Bids which are signed for a partnership shall be signed by all of the partners or by an attorney-
in-fact. If signed by an attorney-in-fact,there shall be attached to the Bid a power ofattorney
evidencing authority to sign the bid,executed by the partners.
Bids which are signed for a corporation shall have the correct corporate name thereof and the
signature of the President or other authorized officer of the corporation manually written below
the corporate name.
If such Bid is manually signed by an official other than the President of the Corporation, a
certified copy of a resolution of the board of directors evidencing the authority of such
official to sign the Bid should be attached to it. Such Bid shall also bear the attesting
signature of the Secretary of the corporation.
12. Independent Contractor: There is no employee/employer relationship between the
Contractor and the City.Contractor is an independent contractor and not the City's
employee for all purposes, including,but not limited to,the application of the Fair Labors
Standards Act minimum wage and overtime payments, Federal Insurance Contribution
Act, the Social Security Act, the Federal Unemployment Tax Act, the Worker's
Compensation Act (820 ILCS 305/1, et seq.).The City will not(i) provide any form of
insurance coverage, including but not limited to health, worker's compensation,
professional liability insurance, or other employee benefits, or(ii) deduct any taxes or
related items from the monies paid to Contractor. The performance of the services
described herein shall not be construed as creating any joint employment relationship
between the Contractor and the City, and the City is not and will not be liable for any
obligations incurred by the Contractor, including but not limited to unpaid minimum
wages and/or overtime premiums,nor does there exist an agency relationship or
partnership between the City and the Contractor.
13. Approval and Use of Subcontractors: The Contractor shall perform the Services with
its own personnel and under the management, supervision,and control of its own
organization unless otherwise approved by the City in writing. All subcontractors and
subcontracts used by the Contractor shall be included on the Subcontractor's form in the
Bid proposal and be acceptable to,and approved in advance by the City.The City's
approval of any subcontractor or subcontract shall not relieve the Contractor of full
responsibility and liability for the provision,performance, and completion of the Work in
full compliance with,and as required by or pursuant to,this Contract.If the Contractor
chooses to use subcontractors to perform any of the Work,the Work performed under any
subcontract shall be subject to all of the provisions of this Contract in the same manner as
if performed by employees of the Contractor. Every reference in this Contract to
"Contractor"shall be deemed to also apply to all subcontractors of the Contractor.Every
subcontract entered into by the Contractor to provide the Work or any part thereof shall
include a provision binding the subcontractor to all provisions of this Contract.
If any personnel or subcontractor fail to perform the part of the Work undertaken by it in
a manner satisfactory to the City, the Contractor shall immediately upon notice from the
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City remove and replace such personnel or subcontractor. The City shall have no claim
for damages, for compensation in excess of the contract price, or for a delay or extension
of the contract time as a result of any such removal or replacement.
14. AA icc'g�nt: Neither the City nor the Contractor shall assign or transfer any rights or
obligations under this Agreement without the prior written consent of the other party.
15. Governing .aw: The Contract and the rights of the City and Bidder under the Contract
shall be interpreted according to the laws of the State of Illinois. Venue for any action
related to the Contract will be in the Circuit Court of Kendall County,Illinois.
16. Changes in Law: Unless otherwise explicitly provided in the Contract,any reference to
laws shall include such laws as they may be amended or modified from time to time.
17. Time: The Contract Time is of the essence of this Contract. Except where otherwise
stated,references in the Contract to days shall be construed to refer to calendar days.
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GENERAL CONDITONS
This entire bid package and following sections apply to all bids requested and accepted by the City
and become a part of the contract unless otherwise specified. Persons submitting bids or their
authorized representatives are expected to fully inform themselves as to the conditions,
requirements, and specifications before submitting bids. The City assumes that submission of a
bid means that the person submitting the bid has become familiar with all conditions and intends
to comply with them unless noted otherwise.
1. Definitions: The Term"City"whenever used in the contract documents shall be
construed to mean the United City of Yorkville.The United City of Yorkville,the
Community Development Department, and the Director of Community Development
shall also be known herein, respectively, as the City,the Department, and the Director.
2. Conditions: The Bidder is responsible for being familiar with all conditions,instructions,
and documents governing this Project and bid. Failure to make such investigation and
preparations shall not excuse the Contractor from performance of the duties and
obligations imposed under the terms of the contract.
3. Bid Bond: If the bidder's proposal for this project exceeds forty thousand dollars
($40,000.00),bids shall be secured by a certified check,bank draft, satisfactory bid bond
or approved letter of credit in the amount of ten percent(10%)of the total amount of the
complete project. Bid security shall be submitted with the bid.
4. Performance Bond: If the bidder's proposal for the project is equal to or greater than
$5,000 then the following bonds shall be delivered to the City and shall become binding
with the acceptance of the bid:
Performance bond satisfactory to the City,executed by Surety Company authorized to do
business in the state or otherwise secured in a manner satisfactory to the City, in an
amount equal to 110%of the complete project. The surety on the bond shall be a
company that is licensed by the Department of Insurance authorizing it to execute surety
bonds and the company shall have a financial strength rating of at least A-as rated by
A.M. Best Company,Inc., Moody's Investors Service, Standard&Poor's Corporation,or
a similar rating agency.
Upon receipt of the performance bond,the City will return the bid bond to the bidder.
5. Insurance Requirements:The successful Bidder shall comply with the City's insurance
requiremnts attached hereto as Exhibit A.
6. Force Maieure: Whenever a period of time is provided for in this Agreement for the
Contractor or the City to do or perform any act or obligation,neither party shall be liable
for any delays or inability to perform if such delay is due to a cause beyond its control
and without its fault or negligence including,without limitation: a)Acts of nature;b)
Acts or failure to act on the part of any governmental authority other than the City or
Contractor,including,but not limited to,enactment of laws,rules,regulations,codes or
ordinances subsequent to the date of this Agreement;c)Acts or war; d)Acts of civil or
military authority; e)Embargoes; f)Work stoppages, strikes, lockouts,or labor disputes;
10 Page
g)Public disorders,civil violence,or disobedience;h)Riots,blockades, sabotage,
insurrection,or rebellion; i)Epidemics or pandemics;j)Terrorist acts;k)Fires or
explosions; l)Nuclear accidents;m)Earthquakes,floods,hurricanes,tornadoes,or other
similar calamities;n)Major environmental disturbances; or o)Vandalism.If a delay is
caused by any of the force majeure circumstances set forth above,the time period shall be
extended for only the actual amount of time said party is so delayed.Further,either party
claiming a delay due to an event of force majeure shall give the other party written notice
of such event within three(3)business days of its occurrence or it shall be deemed to be
waived.
7. Liquidated Damaaes: Time is of the essence to the contract. Should the Contractor fail
to complete the work within the specified time stipulated in the contract or within such
extended time as may have been allowed,the Contractor shall be liable and shall pay to
the City the amount shown in the following schedule of deductions,not as a penalty but
as liquidated damages, for each hour of overrun in the contract time or such extended
time as may have been allowed.The liquidated damages for failure to complete the
contract on time are approximate,due to the impracticality of calculating and proving
actual delay costs. This schedule of deductions establishes the cost of delay to account for
administration,engineering,inspection,and supervision during periods of extended and
delayed performance.The costs of delay represented by this schedule are understood to
be a fair and reasonable estimate of the costs that will be borne by the City during
extended and delayed performance by the Contractor of the work. The liquidated damage
amount specified will accrue and be assessed not until final completion of the total
physical work of the contract even though the work may be substantially complete.The
City will deduct these liquidated damages from any monies due or to become due to the
Contractor from the City.
Deduction for Each Day of Overrun in Contract Time: $250.00 per day.
8. Compliance with Laws and Regulations: In connection with the performance of the
work,the Contractor shall comply with all statutes,laws,regulations,and orders of
federal, state,county,or municipal authorities which shall impose any obligation or duty
upon the Contractor.
9. Contract Term: The contract will begin upon a full executed Agreement and approval
of the City Council and expire no later than sixty(60)days following the completion of
the installation. Installation shall be completed no later than July 1,2018.
10. Driver's License: Before commencing work,the Contractor shall provide a copy of
valid driver's license for each employee operating equipment in the City. Drivers shall
possess a Commercial Driver's License with appropriate endorsements if operating
equipment that requires such a license.
11. Change Orders: After a contract is awarded pursuant to the competitive bid procedures
specified herein, additional purchases or modifications may be made under the contract,
or the terms of the contract may be extended, without rebidding the materials, supplies,
services or equipment involved,provided that the change order:
11IPage
a. Is approved by the City Council when the change order is an increase or decrease
of more than$10,000 or the time of completion by more than 30 days.
b. Is approved by the by the City Administrator,or his/her designee for change
orders that are not greater than ten thousand dollars($10,000.00).
12. Construction Contracts:
a. The Bidder must comply with all applicable laws prerequisite to doing business
in the state.
b. The Bidder must have a valid Federal Employer Tax Identification Number or
Tax Identification Number(for individuals).
C. The Bidder must provide a Statement of Compliance with provisions of the State
and Federal Equal Opportunity Employer requirements.
13. Termination: The City shall have the right at any time and for any reason(without any
penalty)to terminate,in whole or in part,this Contract,provided that the City shall
provide Contractor at least ten(10)days' prior written notice of such termination
whereupon this Agreement shall automatically terminate immediately after the 11 m day.
a. When this contract,or any portion hereof,is terminated or cancelled by the City,
and the Contractor released before all items of work included in this contract have
been completed,payment may be made be prorated as a percentage of completion
of the actual work at contract unit prices,and no claims for loss of anticipated
profits or other damages will be made and are hereby waived.
b. Termination of a contract,as stated above,will not relieve the Contractor or
his/her surety of the responsibility of replacing defective work or materials.
14. Additional Items: The City and Contractor further agree that
a. Prevailing Wage
Some or all of the work herein may be subject to the provisions of Prevailing
Wage Act, 820 ILCS 130/0.01 et.seq.,providing for the payment of prevailing
rate wages to all laborers,workmen and mechanics engaged on work. The
Contractor agrees that,prior to making any payments to its own laborers,
workers,or mechanics or to any subcontractor it will determine whether it must
legally pay wages in accordance with the Prevailing Wage Act,and if so legally
required,pay the then-current prevailing rate of wage as determined by the
Illinois Department of Labor and posted at: http//www.state.il.us/agency/idol/.
The City may at any time inquire of the Contractor as to rates of wages being
paid employees of the Contractor,and any subcontractor or material men,
whereupon such information shall be promptly provided by the Contractor. The
Contractor shall indemnify the City for any and all violations of the prevailing
wage laws and any rules and regulations now and hereafter issued pursuant to
said laws.
The Contractor shall insert into each subcontract and into the project
specifications for each subcontract a written stipulation requiring all laborers,
workers and mechanics performing work under the contract to comply with the
Prevailing Wage Act and to require each subcontractor to insert into each lower-
tiered contract and into the project specification for each lower tiered subcontract
a similar stipulation.
12Page
b. Sexual Harassment: During the entire term of the contract,Contractor shall
have in full force and effect a written Sexual Harassment Policy,which complies
with the Illinois Human Rights Act(775-ILCS 5/1-101 et.seq.)including at least
the following: 1)a statement on the illegality of sexual harassment;2)the
definition of sexual harassment under Illinois Law; 3)a description of sexual
harassment,utilizing examples;4)an internal complaint process,including
penalties; 5)the legal recourse,investigative and complaint process available
through the Illinois Department of Human Rights("Department")and the Illinois
Human Rights Commission("Commission"); 6)directions on how to contact the
Department and the Commission; and 7)protection against retaliation as provided
by Section 6-101 of the Act.
C. Drug Free Workplace: In compliance with Illinois law,The Contractor certifies
and agrees that it will provide a drug free workplace by:
1) Publishing a Statement:
2) Notifying employees that the unlawful manufacture,distribution,dispensing,
possession,or use of a controlled substance,including cannabis, is prohibited
in the Contractor's workplace.
3) Specifying the actions that will be taken against employees for violations of
such prohibition.
4) Notifying the employee that,as a condition of employment on such Contract,
the employee will:
5) Abide by the terms of the statement; and
6) Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five(5)days after such conviction.
7) Establishing a drug free awareness program to inform employees about:
8) The dangers of drug abuse in the workplace;
9) The Contractor's policy for maintaining a drug free workplace;
10)Available counseling,rehabilitation,or assistance programs; and
11)Penalties imposed for drug violations.
12)Providing a copy of the Statement required by subsection(a)to each
employee engaged in the performance of the Contract and to post the
Statement in a prominent place in the workplace.
13)Notifying the contracting agency within ten(10)days after receiving notice of
any violations as listed above.
14)Imposing a sanction on,or requiring the satisfactory participation in a drug
abuse assistance or rehabilitation program,by any employee who is so
convicted, as required by Section 5 of the Drug Free Workplace Act.
15)Assisting employees in selecting a course of action in the event drug
counseling,treatment,and rehabilitation are required and indicating that a
trained referral team is in place.
16)Making a good faith effort to continue to maintain a drug free workplace
through implementation of the Drug Free Workplace Act.
17)The Contractor will be required to sign a Drug Free Workplace Certification.
d. Substance Abuse Prevention on Public Works Projects: Before a contractor
or subcontractor commences work on a public works project as defined in 820
ILCS 130/2,the contractor or subcontractor shall have in place a written program
which meets or exceeds the program requirements in the Substance Abuse
Prevention on Public Works Projects Act,to be filed with the public body
engaged in the construction of the public works and made available to the general
13Page
public, for the prevention of substance abuse among its employees.The testing
must be performed by a laboratory that is certified for Federal Workplace Drug
Testing Programs by the Substance Abuse and Mental Health Service
Administration of the U.S.Department of Health and Human Services.At a
minimum,the program shall include all of the following:
1) A minimum requirement of a 9 panel urine drug test plus a test for alcohol.
Testing an employee's blood may only be used for post-accident testing,
however,blood testing is not mandatory for the employer where a urine test is
sufficient.
2) A prohibition against the actions or conditions specified in 820 ILCS 265/10.
3) A requirement that employees performing the work on a public works project
submit to pre-hire,random,reasonable suspicion,and post-accident drug and
alcohol testing.Testing of an employee before commencing work on a public
works project is not required if the employee has been participating in a
random testing program during the 90 days preceding the date on which the
employee commenced work on the public works project.
4) A procedure for notifying an employee who violates 820 ILCS 265/10,who
tests positive for the presence of a drug in his or her system,or who refuses to
submit to drug or alcohol testing as required under the program that the
employee may not perform work on a public works project until the employee
meets the conditions specified in subdivisions(2)(A)and(2)(B)of 820 ILCS
265/20.
e. Non-Collusion: The Contractor represents that it is not barred from bidding for
this contract as a result of a violation of 720 ILCS 5/33E concerning bid rigging,
rotating,kickbacks,bribery and interference with public contracts.The
Contractor will be required to sign the Non-Collusion Certification.
f. Compliance with Laws and Regulations: In connection with the performance
of the work,the Contractor shall comply with all statutes,laws,regulations, and
orders of federal, state,county,or municipal authorities which shall impose any
obligation or duty upon the Contractor.
14Page
1
t
REFERENCES
}
UNITED CITY OF YORKVILLE
General Information, list below current business references for whom you have performed work similar to r
that required by this proposal.
i'
Business /J"t'/�✓ 57� �iG" (J�
qo� � �-
Address: /
,r t
City,State Zip Code: 4J.-—�e� ' ;;r~
Telephone Number:
Contact Person, P , x �
Dates of Service: 0200.E A 1 /e56,0?'
Business: .�. � ,r1n SQ✓J"1
Address: aas /i` 's le'-
City,
erCity,State,Zip Code:/>y ✓�, ty'j; ; � . G�czC J
Telephone Number: PY7 " '( - 5'/VS—
Contact Person: ,L��
Dates of Service: 02
//
Business f��? vGl/P��Iu�>/G>'IrICeLf1"�l�YIS'
Address:
City,State,Zip Code: ,f- t ,',✓�t'`�a� . ? (... �*���
Telephone Number: a �.
Contact Person:
Dates of Service: 020/l
i`
4
If additional sheets are needed,please make copies.
1511' ac
i
SUBCONTRACTORS
UNITED CITY OF YORKVILLE
Provide the name,contact information,and value of work for each and every subcontractor which will be
employed on this project.
Subcontractor No. 1: Mid - VQ 1'I?u 60QP'Ty
Address: '?SO OgESd'
3 n)
City,State,Zip Code: S;ajw. el, ZL eeeS'Y�
Telephone Number: (KI-S-) " W-0 ' 33Z y
Value of Work Subcontracted: 9 yy�• OU
Nature of Work Subcontracted: Gs�suieinte
Subcontractor No.2: /Qu,54t#1 C-J,ea40G Zii4e
Address: ed. On r T 04
City,State,Zip Code: ��JIGT L 6j4
Telephone Number: RLS'— 7y1/— 11 y 7
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Value of Work Subcontracted: �y 7�� '7zo
Nature of Work Subcontracted:
Subcontractor No.3: .,JdG At4erV 2-//1✓10t C
Address: .3a1O {A! L to BD Irl
City,State,Zip Code: wt
Telephone Number: 6VIs' 7S6
Value of Work Subcontracted:
Nature of Work Subcontracted: pC e-
If additional sheets are needed,please make copies.
16P .,_ e
EQUIPMENT LIST
UNITED CITY OF YORKVILLE
Name Make Model Year/ Use
If additional sheets are needed,please make copies.
171'
Bid Proposal Sheet
The prices stated in this proposal are guaranteed for 90 days from the date of hereof and if awarded within that period,we agree to
complete the work covered by this Proposal at said prices. Bidders must fill in"Bid Unit Price"and"Extended Amount"for each bid
item.Extend all prices to two decimals.
Quantity Item Description Manufacturer Total Amount
Concrete Work with restoration Total Amount Bid $
6'Cedar Fence to conceal units Total Amount Bid $
Annual Preventative Maintenance Total Amount Bid $
Contract
181Pazc
Bid Proposal Sheet
The undersigned understands that there may be changes, omissions, or modification in
the work, and that appropriate adjustments will be made to the Contract price in
accordance with the Contract Documents. The undersigned understands that the City
reserves the right to accept or reject any or all bids, and to waive all formalities, any
irregularities, and accept the Bid deemed to be in the Owner's best interest.
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 Illinois Human Rights Act
775 ILCS 5/1.101 et seq. including establishment and maintenance of sexual harassment
policies and program. �,f
I?r°ea �2G �Y%GA� �'MG. "��Eo GG A�(�•�is /
Firm Name !Tig#d e and Ale
W US yc�v 34 rS�,`�G l� /a - Pic ' x !/
Street Address Pri game and Title
S,w -marc ZL lvDss'y Aew e fi eo ` t c,c�/��c. 4 -►
City State Zip E-m 1 Address
430- 06 - 316.E 6 -IV" -3�GY
Phone Number Fax Number
s--J v.- iy
Date
191Pa e
UNITED CITY OF YORKVILLE
800 Game Farm Road
YORKVILLE, ILLINOIS 60560
CONTRACT
THIS CONTRACT made this 6 day of A&6 U,5 I , 2018, by and between
the United City of Yorkville, an Illinois municipal corporation hereinafter called the "Owner"
and TI{/CO M604A�J ICAI- WC , located at
19g0 W U.s,*N3o, S agar Eno 2L hereinafter called the"Contractor'.
loo55y WITNESSETH:
WHEREAS, the Owner has heretofore solicited Proposals for all labor and materials
necessary to complete the work specified in this bid package;
WHEREAS, the Owner has found that the Contractor is the lowest responsible person
submitting the proposal for said work and has awarded the Contractor this contract for said work.
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 removal of existing HVAC
system and install a new HVAC system at the Beecher Center in accordance with the
conditions and prices stated in the Request for Proposal, Instructions to Persons
submitting proposals — General Conditions, Special Conditions, Insurance
Requirements, Specifications and Plans, Proposal, and Detail Exception Sheet all of
which are made a part hereof and herein called the "Contract Documents".
2. The Owner will pay the Contractor in the amounts, manner and at times as set forth
in the Contract Documents.
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 CITY OF YO MLLE
By:
CONTRACTOR: 0
By:
SignatureQ6afGlGl/G✓dt��fl G� �/�S/GIG��
Print Name and Title
201Pagc
DETAIL EXCEPTION SHEET
Any exception must be clearly noted on this sheet. Failure to do so may be reason for rejection of the bid. It is
not our intention to prohibit any potential bidder from bidding by virtue of the specifications,but to describe
the material(s)and service(s)actually required. The village reserves the right to accept of reject any or all
exceptions.
Bidder's exceptions are:
211Pac
United City of Yorkville
ADDENDUM TO RFP DOCUMENTS
REQUEST FOR PROPOSAL: HVAC System Replacement at Beecher Center
ADDENDUM No. 1
DATE:5/9/18
To All Potential Bidders:
This addendum is issued to modify the previously issued bid documents and/or given for informational
purposes, and is hereby made a part of the bid documents. Please attach a signed/dated copy of this
addendum to the documents in your possession.
Changes and Clarifications to Original Scope of Work
1. (Item#10 on Original SOW)Contractor will be responsible to make the needed wall
penetrations to the attic space,to allow access for the new ductwork.All penetrations should
be kept to the minimal space needed.The United City of Yorkville will the final modifications
to the attic space doors,once the project has been completed.
2. (Item#11on Original SOW)All ductwork(exterior and in the attic space)must be lined
insulated stainless steel,and the exterior ductwork must be wrapped to provide a water tight
seal.
3. The approximate square footage of the entire building 9,423.
Sign Vre Date
United City of Yorkville
ADDENDUM TO RFP DOCUMENTS
REQUEST FOR PROPOSAL: HVAC System Replacement at Beecher Center
ADDENDUM No.2
DATE:5/11/18
To All Potential Bidders:
This addendum is issued to modify the previously issued bid documents and/or given for informational
purposes,and is hereby made a part of the bid documents. Please attach a signed/dated copy of this
addendum to the documents in your possession.
Additional Information to Original Scope of Work
1. Beecher Community Center Original HVAC Plan and Equipment Schedules M-1
zl-tf r -
=�y-/`/
Sign re Date
United City of Yorkville
ADDENDUM TO RFP DOCUMENTS
REQUEST FOR PROPOSAL: HVAC System Replacement at Beecher Center
ADDENDUM No.3
DATE:5/14/18
To All Potential Bidders:
This addendum is issued to modify the previously issued bid documents and/or given for informational
purposes,and is hereby made a part of the bid documents. Please attach a signed/dated copy of this
addendum to the documents in your possession.
Extension of Bid Due Date and Bid Opening
1. The United City of Yorkville will be extending the bid due date and the public bid opening until
Thursday May 24,2018 at 10:00am at Yorkville City Hall.This decision will ensure all bidders
have enough time to review Addendum's 1,2&3,to provide accurate quotes for this project.
Signat Date
Exhibit A
UNITED CITY OF YORKVILLE, ILLINOIS
INSURANCE REQUIREMENTS
Contractor shall procure and maintain,for the duration of the contract,insurance against claims for injuries to persons or damages
to property,which may arise from or in connection with the performance of the work hereunder by the Contractor,his agents,
representatives,employees,or subcontractors.
1. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General Liability Occurrence Form CG 0001 with the City named as additional
insured;on a form at least as broad as the endorsement in paragraph 10 including ISO Additional Insured Endorsement
CG 2026,CG 2010.
B. Owners and Contractors Protective Liability (OCP) policy is required with the City as insured (for contracts with
subcontractors and projects that are inherently dangerous).
C. Insurance Service Office Business Auto Liability Coverage Form Number CA 0001,Symbol 01 "Any Auto."
D. Workers'Compensation as required by the Worker's Compensation Act of the State of Illinois and Employers'Liability
insurance.
E. Builder Risk Property Coverage with City as loss payee.
2. MINIMUM LIMITS OF INSURANCE Contractor shall maintain limits no less than if required under above scope:
A. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury,personal injury,and
property damage. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall
be no less than$2,000,000 or a project/contract specific aggregate of$1,000,000.
B. Owners and Contractors Protective Liability(OCP): $1,000,000 combined single limit per occurrence for bodily injury
and property damage.
C. Businesses Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
D. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits and
Employers'Liability limits of$1,000,000 per accident.
E. Builder's Risk shall insure against"All Risk"of physical damage,including water damage(flood and hydrostatic pressure
not excluded),on a completed value,replacement cost basis. (Protection against loss of materials during construction,
renovation,or repair of a structure.)
F. Umbrella Excess Insurance:$3,000,000. "Following form"of the underlying and excess policies including listing the
City as an additional insured.
3. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City,either: the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, agents,
employees,and volunteers;or the Contractor shall procure a bond guaranteeing payment of losses and related investigation,
claim administration,and defense expenses.
4. OTHER INSURANCE PROVISIONS
The policies are to contain,or be endorsed to contain,the following provisions:
A. General Liability and Automobile Liability Coverages
1. The City, its officials, agents, employees, and volunteers are to be covered as additional insureds as respects:
liability arising out of the Contractor's work, including activities performed by or on behalf of the Contractor;
products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; or
automobiles owned,leased,hired,or borrowed by the Contractor. The coverage shall contain no special limitations
on the scope of protection afforded to the City,its officials,agents,employees,and volunteers.
2. The Contractor's insurance coverage shall be primary as respects the City, its officials, agents, employees, and
volunteers. Any insurance or self-insurance maintained by the City,its officials,agents,employees,and volunteers
shall be excess of Contractor's insurance and shall not contribute with it.
Exhibit A
3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City,its
officials,agents,employees,and volunteers.
4. The Contractor's insurance shall contain a Severability of Interests/Cross Liability clause or language stating that
Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought,except
with respect to the limits of the insurer's liability.
5. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does
not "follow form," then the Contractor shall be required to name the City, its officials, agents, employees, and
volunteers as additional insureds.
6. All general liability coverages shall be provided on an occurrence policy form. Claims-made general liability
policies will not be accepted.
B. All Coverages
Each insurance policy shall be endorsed to state that coverage shall not be suspended,voided,cancelled,reduced in
coverage,or in limits except after thirty(30)days prior written notice by certified mail,return receipt requested,has been
given to the City.
5. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a Best's rating of no less than A-,VII,and licensed to do business in the State of
Illinois.
6. VERIFICATION OF COVERAGE
Contractor shall furnish the City with certificates of insurance naming the City,its officials,agents,employees,and volunteers
as additional insureds, and with original endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
The certificates and endorsements are to be received and approved by the City before any work commences. Other additional
insured endorsements may be utilized,if they provide a scope of coverage at least as broad as the coverage stated in paragraph
10,such as ISO Additional Insured Endorsements CG 2026 or CG 2010. The City reserves the right to request full certified
copies of the insurance policies and endorsements.
7. SUBCONTRACTORS
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements
for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. ASSUMPTION OF LIABILITY
The contractor assumes liability for all injury to or death of any person or persons including employees of the contractor,any
subcontractor,any supplier,or any other person and assumes liability for all damage to property sustained by any person or
persons occasioned by or in any way arising out of any work performed pursuant to this agreement.
9. INDEMNITY/HOLD HARMLESS PROVISION
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.
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.
10. ADDITIONAL INSURED ENDORSEMENT
The"WHO IS AN INSURED"section of the policy/coverage document shall be amended to include as an insured,the City,
but only with respect to liability arising out of your work. For purpose of this endorsement,"arising out of your work"shall
mean: (1) Liability the Additional Insured may incur resulting from the actions of a contractor it hires, (2)Liability the
Additional Insured may incur for negligence in the supervision of the Named Insured Contractors work, (3)Liability the
Additional Insured may incur for failure to maintain safe worksite conditions,and(4)Liability the Additional Insured may
incur due to joint negligence of the Named Insured Contractor and the Additional Insured.
Liberty
Mutual Document A31 OTM - 2010
SURETY
Conforms with The American Institute of Architects AIA Document 310
Bid Bond
CONTRACTOR: SURETY:
(Name,legal status and address) (Name,legal status and principal place of business)
Trico Mechanical, Inc. The Ohio Casualty Insurance Company
1980 W. US Hwy 30 62 Maple Avenue
Suite 11 Keene, New Hampshire 03431 This document has important
Sugar Grove, IL 60554 legal consequences.
Mailing Address for Notices Consultation with an attorney is
OWNER: Liberty Mutual Surety Claims encouraged with respect to its
(Name,legal status and address) P.O. Box 34526 completion or modification.
City of Yorkville Seattle,WA 98124 Any singular reference to
800 Game Farm Road Contractor,Surety,Owner or
Yorkville,IL 60560 other party shall be considered
plural where applicable.
BOND AMOUNT: 10%of the total amount bid-------_
PROJECT:
(Name,location or address,and Project number,if arty)
Provide and Install Design/Build HVAC Systems
The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind
themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this
Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period
as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with
the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in
the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof,or(2)pays to the Owner the difference,not to exceed the amount of
this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another
party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The
Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the
bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for
acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond
sixty(60)days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in
this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such
statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed
as a statutory bond and not as a common law bond.
Signed and sealed this 24th day of May 2018
Trico Mechanical, Inc.
(Principal) (Seal)
rt s
-- (Title)
The Ohio Casualty Insurance Company
(Surety)
(Witness) e
(Title) Annette Albach Attorney-in-Fact
r
POWER OF ATTORNEY
The Ohio Casualty Insurance Company Bond:Number,
Principal:Trito Mechanical,Inc.
Agency Name:Bonding Services Corporation
Obligee: Agent Code:125651
Know AN Men by Tbese Presents:That The Ohio Casualty Insurance Company,pursuant to the authority granted by Article IV.Section 12 of the Code of Regulations and
By-Laves of The Ohio Casualty Insurance Company,do hereby nominate,constitute and appoint-Annette Albach;Stephanie Sheller or Schaumburg,Illinois its true and lawful
agengs►and attorney(ies}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,UNDERTAKINGS,and
RECOGNIZANCES,excluding,however,any bond(s)or undertaking(s)guaranteeing the payment of nous aid interest thereon.
Arid the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if
they had been duly executed and acknowledged by the regularly elected officers of said Company at their administrative offices in Keene,New Hampshire,in their own proper
persona The authority granted hereunder supersedes any previous authority heretofore grained the above named attomey(nes)-in-fact
In WITNESS WHEREOF,the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of
said Company this 26th day of September,2016.
�,tY rNp�g6
1819�r a �.
David M.Carey,Assistant Secretary
STATE OF PENNSYLVANIA
COUNTY OF MONTGOMERY
On this 26th day of September,2016 before the subscriber,a Notary Public of the State of Pennsylvania,in and for the County of Montgomery,duly commissioned and qualified,
carne David M.Carey,Assistant Secretary of The Ohio Casualty Insurance Company,to me personally known to be the individual and officer described in,and who executed the
preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn deposes and says that he is the officer of the Company aforesaid,and that the
seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal at the City of King of Prussia,State of Pennsylvania,the day and year first above
written.
bA PASr
CAWAONNIEALTHOF PL JNWLVANIA
OF Terga PY1eNa,No0a9'r+irere
Uiipsr TwW.�i0�Y�1Y
►y Coienwrmn r uww,ere':wzt Notary Public in and for County of Montgomery,State of Pennsylvania
Nays . AGWd'00"aN0*1= My Commission expires March 28,2021
This power of attorney is granted under and by authority of Article IV,Section 12 of the By-Laws of The Ohio Casualty Insurance Company,extracts from which read:
ARTICLE IV-Officers:Section 12.Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose lin writing by the Chairman or the President,and subject to such limitation as the Chairman or President
may prescribe,shall appoint such attorneys-in-fact,as may be necasery,to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all
undertakings,bond,rewgnizanca and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full
power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed,such instruments shall
be as binding as if signed by the President and attested to by the Secretary
Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board,the Chairman,the President
or by the officer or officers granting such power or authority.
This certificate and the above power of attorney may be signed by racsimile or mechanically reproduced signatures under and by authority of the following vote of the board of
directors of The Ohio Casualty Insurance Company effective on the 15th day of February,2011:
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company,wherever appearing upon a certified copy of any power of attorney
issued by the comparry in connection with surety bonds,she]I be valid and binding upon the company with the same fore and effect as though manually affixed.
CERTIFICATE
I,the undersigned Assistant Secretary of The Ohio Casualty insurance Company.do hereby certify that the foregoing power of attorney,the referenced By-Laws of the Company
W the above resolution of their Board of Directors are true and correct copies and are in full force and effect on this date.
IN WITNESS WHEREOF,I have hereunto set my hand and the seal of the Company this 24th day of May 2018
INS&
J'ootU'0,4�r�1y
3 n
181 ,
5A1CA'
"
Renee C.Llewellyn,Assistant Secretary