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Resolution 2020-15 Resolution No. 2020-15 A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE COUNTRYSIDE LIFT STATION BASEMENT PAINTING SERVICES WITH LECUYER PAINTING AND DECORATING, INC. IN THE AMOUNT NOT TO EXCEED $44,900.00. WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing municipality of the State of Illinois pursuant to the 1970 Illinois Constitution and the Illinois Municipal Code, as from time to time amended (the "Municipal Code") (65 ILCS 5/65-1-1-2, et seq.); and, WHEREAS, it is in the best interest of the City to enter into a contract with LeCuyer Painting and Decorating, Inc, Sandwich, Illinois, for painting services for the Countryside Lift Station Basement substantially in the form attached hereto marked as"Exhibit A". 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 City is hereby committed to meet all of the requirements as set forth in"Exhibit A". Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute the contract, Resolution of Authorization and to undertake any and all actions as may be required to implement the terms of the contract. Resolution No.2020-15 Page 1 Section 3. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 281h day of April, A.D. 2020. CITY CLERK KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE SEAVER TARULIS AYE JASON PETERSON AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this(96Aay of AI 4 Y , A.D. 2020. MAYOR Resolution No.2020-15 Page 2 United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 CONTRACT This contract ("Contract") made and entered into this 28th day of April 2020, by and between the United City of Yorkville, Kendall County, an Illinois Municipal Corporation, hereinafter referred to as the "City" andL6 Cu.! twL -Pr4 c^311 w h , hereinafter referred to as the "Contractor" and its successors. WITNESSETH: WHEREAS, the City has heretofore solicited bids for all labor and materials necessary to complete the work specified in the Invitation to Bid the Painting Services for the Countryside Lift Station Basement; WHEREAS, the City has found that the Contractor is the lowest responsible bidder for said work and has awarded the Contractor this contract for said work; and WHEREAS, the entire bid packet together with all exhibits, terms, and conditions to become a part of this contract unless otherwise specified all of which are made a part hereof and herein called the "Contract Documents". The City assumes that submission of a bid means that the person submitting the bid has familiarized themselves with all conditions and intends to comply with them unless noted otherwise. NOW, THEREFORE, for and in consideration of their mutual promises and agreements, the parties hereto do hereby agree as follows: I I. The Contractor agrees to furnish all materials, supplies, tools, equipment, labor and other services necessary to commence and complete the work in accordance with the specifications, conditions, and prices stated in the bid packet. 2. The City 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: UNIT TY OF YORKVILLE: By: Mayor Attest: CONTRA City Clerk By: " Signat„re Attest: ao)Ty+oyoU Print Name and Title Witness 29 Page EXHIBIT A • INVITATION TO BID Requesting: Bid(s) for Countryside Lift Station Basement Painting Issue Date: Thursday,March 12, 2020 Pre-Bid Meeting: Friday, March 20, 2020, at 9:00 a.m. Pre-Bid Meeting Location: 1975 North Bridge St Yorkville, IL 60560 Last Date for Questions: Friday, March 20, 2020, by 3:00 p.m. Addendum Posted: Wednesday, March 25,2020, by 5:00 p.m. Proposals Due: Wednesday, April 1, 2020, at 9:00 a.m. Location: United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Note: Illinois Prevailing Wage Act(820 ILCS 130/1-12) does apply All questions concerning this solicitation shall be submitted via e-mail to Purchasing Manager before the date stated above. A written response in the form of a public addendum will be published on the City's website by the said date above. Contact with anyone other than the Purchasing Manager for matters relative to this solicitation during the solicitation process is prohibited. Contact for this proposal: Carri Parker, Purchasing Manager in writing at cparker@yorkville.il.us United City of Yorkville Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 TABLE OF CONTENTS TABLEOF CONTENTS................................................................................................................2 LEGALNOTICE............................................................................................................................3 SPECIFICATIONS.........................................................................................................................4 GENERALCONDITIONS ............................................................................................................ 7 CONTRACTOR CERTIFICATIONS..........................................................................................22 BIDCOST SHEET.......................................................................................................................23 BID COST SHEET CONTINUED...............................................................................................24 DETAILEXCEPTION SHEET...................................................................................................25 VEHICLE/EQUIPMENT LIST....................................................................................................26 SUBCONTRACTORLISTING...................................................................................................27 REFERENCES .............................................................................................................................28 CONTRACT.................................................................................................................................29 21 P7 United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 LEGAL NOTICE The United City of Yorkville, Illinois will accept sealed bids for Painting Services for the Countryside Lift Station Basement. Sealed bids will be received at the address listed below until Wednesday,April 1,2020,at 9:00 a.m. Bids will be publicly opened and read aloud at the date and time stated above. Bids not physically received by the date and time listed above will be returned, unopened to the firm. Emailed or faxed bids will not be accepted. All bids should be addressed to: United City of Yorkville Re: (vendor name) Invitation to Bid—Countryside Lift Station Basement Painting Attention: Carri Parker, Purchasing Manager 800 Game Farm Road Yorkville, IL 60560 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 the United City of Yorkville City Hall, 800 Game Farm Road, Yorkville, IL 60560. Please contact the Purchasing Manager to schedule a time to pick up the packet. Bidders are advised of the following requirements of this contract: 1. Applicability of Illinois Prevailing Wage Act, 2. 10% bid security with the bid submittal, 3. performance bond on the award of contract, and 4. labor and material payment bond on the award of contract. Any questions regarding this legal notice or specifications shall be directed to Carri Parker, Purchasing Manager in writing at cparker@yorkville.il.us. The bidder 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 preparation of bids or the performance of the contract. Carri Parker Purchasing Manager 31P =, _ United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 SPECIFICATIONS 1. GENERAL OBJECTIVE: The object of these specifications is to engage a qualified contractor to provide the material and workmanship necessary to produce a quality coating system. All painting work shall be implemented in strict accordance with the manufacturer's instructions and shall be performed in a manner satisfactory to the Owner. Work shall consist of repainting all vertical walls and overhead surfaces of the lower level of the Countryside lift station. 2. QUALITY OF PAINT: The paint products mentioned in the following specifications are set up as standards of quality. The standard "or equal" clause shall apply. No substitution will be considered unless a written request for approval has been received by the Owner at least 10 days prior to the date for receipt of bids. Each such request shall include the name of the specified material for which a substitute is being requested; the name of the proposed substitute material; and a complete description of the proposed substitute including performance and test data and any other information necessary for evaluation. The burden of proof of the merit of the proposed substitute is upon the proposer. The decision of the Owner regarding approval or disapproval of the proposed substitution shall be final. All material shall be brought to the job site in the original sealed and labeled containers of the paint manufacturer and shall be subject to inspection by the Owner. Colors were not specified, shall be selected by the Owner. The Contractor shall submit to the Owner, immediately upon completion of the job, certification from the paint manufacturer indicating that the quantity of each coating purchased was sufficient to coat all surfaces in accordance with the specifications and manufacturer's recommendations. 3. APPLICATION OF PAINT: The Contractor shall apply each coating in accordance with these specifications and the paint manufacturer's recommendations. The coating shall be applied at the specified thickness. If the specified thickness is not obtained, an additional coat(s)of paint shall be applied. All paint shall be applied in strict accordance with the applicable manufacturer's printed datasheet and container label outlining recommended minimum and maximum surface and air temperatures required for the application. Paint shall not be applied to wet or damp surfaces and shall not be applied in rain, snow, fog or mist, or when the relative humidity exceeds 85%. No painting shall be applied when it is expected that the relative humidity will exceed 85% and/or the air temperature will drop below-recommended levels within 12 hours after the paint application. Dew or moisture condensation should be anticipated, and if such conditions are prevalent, painting shall be delayed until certain that the surfaces are dry. The painting should be 41P! _ , United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 completed well in advance of the probable time of day when condensation will occur in order to permit the film an appropriate drying time prior to the formation of moisture on the surface. 4. FILM THICKNESS: Film thickness shall be measured in accordance with wet film thickness gauges and calculated by theoretical coverage and square footage. 5. CONTAINMENT/DISPOSAL REQUIREMENTS: When required by federal, state or local regulation, the structure shall be enclosed, and surface preparation debris contained. Refer to SSPC-GUIDE 6 (CON), "Guide for Containing Debris Generated During Paint Removal Operations". Refer to SSPC-GUIDE 7 (DIS). NOTE: All surface preparation debris must be disposed of in accordance with applicable federal, state and local regulations. The Contractor is the generator and is responsible for the proper containment and disposal of all waste resulting from surface preparation. As part of this contract, the Contractor shall arrange and pay for all containment, tests, permits, transportation, and disposal of all waste resulting from the surface preparation in strict accordance with Illinois EPA regulations. Copies of all documentation required by Illinois EPA regulations shall be submitted to the owner for verification prior to the submission of the Contractor's request for final payment. 6. GUARANTEE: The Bid shall be construed to contain a guarantee for a minimum of one (1) year for all materials and workmanship. Any work proving defective within one year for the date of acceptance shall be redone without additional expense to the City for labor or materials. 7. COATING SYSTEM: A) Surface Preparation Prior to abrasive blast cleaning, remove all oils, grease, and contamination from all surfaces in accordance with SSPC SP-1. B) Abrasive Blast Clean all surfaces in accordance with SSPC SP-13 Surface Preparation of Concrete to remove all existing coating and loosely adhered resurfacer from the underside of the ceiling and to remove all loosely adhered coating and resurfacer from the vertical concrete walls. The tightly adhered coating on the walls will be allowed to remain. Abrasive blast cleaning shall be done to 51 P . -, United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 uniformly and thoroughly scarify tightly adhered coating. All surfaces shall be clean, dry and free of contamination prior to coating. C) Prime Coat Apply one coat of Tnemec Series N69 Hi-Build Epoxoline II to all surfaces. This coating shall be applied at a dry film thickness of 4.0 to 6.0 on bare surfaces, and 2.0 to 3.0 mils on tightly adhered epoxy coated surfaces. D) Finish Coat Apply one coat of Tnemec Series 104 HS Epoxy to all surfaces. This coating shall be applied at a dry film thickness of 6.0 to 8.0 mils on overhead surfaces, and 4.0 to 6.0 on vertical surfaces. 8. PRE-BID SITE VISIT: All bidders are required to attend a pre-bid site visit prior to submission of the bid. Submission of the bid is an acknowledgment that the Bidder is aware of and accepting of existing conditions. 61 P United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 GENERAL CONDITIONS These General Conditions apply to all bids requested and accepted by the City and become a part of the contract unless otherwise specified. Bidders 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 Bidder has familiarized himself with all conditions and intends to comply with them unless noted otherwise. 1. Forms All bids must be submitted on the forms provided, complete with all blank spaces filled in and properly signed in ink in the proper spaces and submitted in a sealed envelope. All bid forms may be obtained from the United City of Yorkville City Hall, 800 Game Farm Road, Yorkville, IL 60560. Please contact the Purchasing Manager to schedule a time to pick up the packet. When completed, deliver to the United City of Yorkville City Hall, Attn. Card Parker, Purchasing Manager, 800 Game Farm Road, Yorkville, IL 60560 prior to the bid opening date and time. Bids must be identified as such on the outside of the sealed envelope by marking the envelope "SEALED BID" and with the following information: Company's name, address, item bid, date and time of opening. Bidders may attach separate sheets for the purpose of explanation, exception, or alternative bid and to cover required unit prices. 2. Submittal of Bid Bids arriving after the specified time will not be accepted. Mailed bids that are delivered after the specified hour will not be accepted regardless of the postmarked time on the envelope. Bidders should carefully consider all bid delivery options and select a method that will successfully deliver their bid by the required time and date. All bids must include the following documents: A) Submit all of the below in one sealed envelope identified with the enclosedlabel: 1) 1 original of the entire packet for Procurement 2) 1 original of the entire packet for Project Manager 3) 1 file copy of the entire packet via USB Flashdrive for Procurement identified with the project name. 4) If your proposal includes confidential information as defined by FOIA (5 ILCS 140/7) (From Ch. 116,par. 207) Sec. 7 provide i)1 redacted original of the entire packet identified as REDACTED ORIGINAL ii) 1 file copy of the entire packet on the same above USB Flashdrive, identifying the file as REDACTED ORIGINAL 5) Bid Bond(10%of Total Project Cost) 6) Contractor Certifications (reference page 22) 7) Bid Cost Sheet (reference page 23-24) 8) Detail Exception Sheet(reference page 25) 9) Equipment List(reference page 26) 10)Subcontractor Listing(reference page 27) 7 1 P United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 11)References (reference page 28) 12)Signed Contract(reference page 29) 3. Examination of Bid Forms, Specifications, and Site The bidder shall carefully examine the bid forms which may include the invitation to bid, instruction to bidders, general conditions, special conditions, plans, specifications, bid form, bond, contract, and any addenda to them, and sites of the proposed work (when known) before submitting the bid. The bidder shall verify all measurements relative to the work, shall be responsible for the correctness of the same. The bidder will examine the site and the premises and satisfy themselves as to the existing conditions under which the bidder will be obligated to operate. Failure of the bidder 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 sums of money will be added to the contract. The submission of the bid shall be considered conclusive evidence that the bidder 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 bid forms. If the bid is accepted, the bidder will be responsible for all errors in his bid 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 bidder shall supply all required supervision, skilled labor, transpiration, new materials, apparatus, and tools necessary for the entire and proper completion of the work. The bidder 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 bidder 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 bidder is solely and exclusively responsible for construction means,methods,technologies and site safety. 5. Interpretation of Bid Documents Questions regarding bid documents,discrepancies, omissions, or intent of the specifications or plans shall be submitted in writing to the Purchasing Manager at cparker@yorkville.il.us at least ten (10) working days prior to the opening of bids to provide time for issuing and forwarding an addendum. Any interpretations of the Contract Documents will be made only by addendum duly issued or delivered by the City to each person receiving a set of bid documents. The City will not be responsible for any other explanations for interpretations of the Contract Documents. 8� 1' : United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 Letters, requested interpretations, clarifications, and/or explanations shall be so noted on the outside of the envelope and on the first page of the letter with the words, INTERPRETATION REQUEST. Letters not properly marked will not be considered as a formal request. Any letter received within ten working days of the bid date will be returned unopened. 6. Bid Guarantee Unless specifically waived, each bid shall be accompanied by a bid security in an amount of ten percent (10%) or such other percentage as stated in the supplementary conditions of the full amount of the bid in the form of a certified or bank cashier's check or bid bond. In a reasonable time after the bid opening, bid deposits of all except the three lowest responsible bidders will be released. The remaining deposits will be released after the Contractor has entered into the contract and furnished the required insurance and bonds. The bid deposit shall become the property of the City if the Contractor within fourteen (14) days from awarding the contract refuses or is unable to comply with the contract requirements, not as a penalty, but as liquidated damages. 7. Receiving Bids Bids received prior to the time of opening will be securely kept, unopened. The Purchasing Manager, whose duty it is to open them will decide when the specified time has arrived, and no-bid received thereafter will be considered. No responsibility will be attached to the Purchasing Manager or the City for the premature or nonopening of a bid not properly addressed and identified, except as otherwise provided by law. 8. Late and Fax Bids Bids arriving after the specified time, whether sent by mail, courier, or in person, will not be accepted and will be refused and returned unopened. It is the bidder's responsibility for timely delivery regardless of the methods used. Mailed bids that are delivered after the specified hour will not be accepted regardless of the postmarked time on the envelope. Facsimile machine transmitted bids will not be accepted, nor will the City transmit bid documents to prospective bidders by way of a facsimile machine. 9. Completeness All information required by the Invitation to Bid must be supplied to constitute a responsive bid. The Bidder's submittal shall include the completed Bid Sheet found in the contract documents. The City will strictly hold the bidder to the terms of the bid. The bid must be executed by a person having the legal right and authority to bind the bidder. 911' �� - United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 10.Error in Bids When an error is made in extending total prices, the unit bid price and/or written words shall govern. Otherwise, the bidder is not relieved from errors in bid preparation. Erasures in bids must be explained over the signature of the bidder. 11. Withdrawal of Bids A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the Purchasing Manager prior to the specified time of opening. After the opening, the bidder cannot withdraw or cancel his bid for a period of forty-five (45) calendar days, or such longer time as stated in the bid documents. 12.Bidder Interested in More than One Bid Unless otherwise specified, if more than one bid is offered by any one party, by or in the name of his or their agent, partner, or other persons, all such bids may be rejected. A party who has quoted prices on work, materials, or supplies to other bidders is not thereby disqualified from quoting prices to other bidders or from submitting a bid directly for the work, materials, or supplies. 13. Bidder's Qualifications No award will be made to any bidder who cannot satisfy 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 bidder shall furnish to the City all information and data the City may request for the purpose of investigation. 14. Bid Award for All or Part Unless otherwise specified, bids shall be submitted for all of the work or items for which bids are requested. The City reserves the right to make an award on all items, or any of the items, according to the best interests of the City. 15. 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 bidder within thirty (30) days after notification. Samples must be submitted prior to the time set for the opening of bids. 101Pa United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 16. Equipment or Materials Each bidder 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 bids must be of the current date (latest model) and meet specifications. This provision excludes surplus, remanufactured, and used products except as an alternate bid. The brand name and/or manufacturer of each item proposed must be clearly stated in the bid. Guarantee and/or warranty information must be included with this bid. 17.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 bidder, with concurrence by the City, for receipt of the materials. The materials must be delivered where directed. Truck deliveries will be accepted at the Public Works Facility between 7:00 AM and 3:30 PM and at all other City locations 8:00 AM and 4:00 PM, weekdays only. If delivery of any materials needs to be made that are caustic, corrosive, flammable or dangerous to handle, the Contractor shall provide written directions to the City as to methods of handling such products, as well as the antidote or neutralizing material required for its first aid (Material Safety Data Sheet). 18. Work Restrictions The Contractor shall complete the work required as soon as practicable. The only exception to this requirement will be extenuating circumstances as may be accepted by the City. Requests for exceptions due to extenuating circumstances must be made in writing to the City within 48 hours of the occurrence. The City's decision on extenuating circumstances will be final. Work will not be permitted on Sunday or the following legal holidays: New Year's Day Labor Day Martin Luther King's Birthday Veteran's Day President's Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Eve, %2 Day(afternoon) Christmas Day Due to the timing of this project, work may be prohibited during certain public events in said area. Work shall not be permitted between the hours of 8:00 p.m. to 7:00 a.m. during standard weekdays (excluding holidays). Any requested variations to these hours shall be approved by the City in writing, in advance of any operations outside of the hours detailed above. United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 19.Estimated Bid Quantities 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. 20. Trade Names—Alternative Bid When an item is identified in the specifications by a manufacturer's or trade name or catalog number,the bidder shall bid upon the item so identified. If the specifications state "or equal" bids on other items will be considered, provided the bidder clearly identifies in his bid the item to be furnished, together with any descriptive matter which will indicate the character of the item. Bidders desiring to bid on items that deviate from these specifications, but which they believe are equivalent, are requested to submit alternate bids. However, ALTERNATE BIDS MUST BE CLEARLY INDICATED AS SUCH AND DEVIATIONS FROM THE APPLICABLE SPECIFICATIONS PLAINLY NOTED. The bid must be accompanied by complete specifications for the items offered. Bidders wishing to submit a secondary bid must submit it as an alternate bid. The City shall be the sole and final judge unequivocally as to whether any substitute from the specifications is of equivalent or better quality. 21. Price Unit prices shall be shown for each unit on which there is a bid 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 bid. 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 Contractor with its tax exemption number. Cash discounts will not be considered in determining the overall price but may be used in an overall evaluation. 22. Consideration of Bid No bid 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. 12 111 ai e United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 The bidder, 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 terms of these specifications and contract documents. 23.Award or Resection The City reserves the right to reject and/or award any and all bids or parts thereof and to waive formalities and technicalities according to the best interests of the City. Any bid submitted will be binding for forty-five (45)days subsequent to the date of the bid opening. A contract will be awarded to the lowest responsible and responsive bidder complying with the conditions of the contract documents only when it is in the best interest of the City to accept the bid. The City shall be the sole judge of compliance with the specifications and reserves the right to accept or reject any and/or all bids or parts thereof. 24. Execution of Contract The Contractor 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 bid and (b) carry insurance acceptable to the City, covering public liability,property damage, and workmen's compensation. After the acceptance and award of the bid and upon receipt of a written purchase order executed by the proper officials of the City, this Instruction to Bidders, including the specifications, will constitute part of the legal contract between the United City of Yorkville and the Contractor. 25. 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 City Council. 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 the 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 services 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. 131 P _ United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 26.Performance and Labor and Material Payment Bonds Unless specifically waived or amended in the Special Conditions, the Contractor shall furnish at the time of execution of the contract a performance bond for 110%of the 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, payment of material used in such work, and for all labor performed in such work including by subcontractors. In the event that the bidder fails to furnish the bonds within 14 days after notification of the award, then the bid 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 number of damages that the City will sustain due to the bidder's failure to furnish the bonds. 27. Maintenance Bond The Maintenance Bond shall be in a penal sum of twenty percent (20%) of the final Contract amount for a period of one (1) year after the date of acceptance of the entire project. The Contractor may elect to reduce the Performance Bond, and the Labor and Material Bond to twenty percent (20%) of the final Contract amount in lieu of a separate Maintenance Bond. Such bond shall guarantee the work against defective workmanship and materials for a period of not less than one(1)year following acceptance of work. 28. Protests A) Any Contractor who claims to be aggrieved in connection with a solicitation, the selection process, a pending award, or other reasonable issues may initiate a protest. 1) Protests involving the solicitation process or stated requirements must be presented in writing via email to the Purchasing Manager no later than the last date for questions as reflected on the cover page of this document. 2) Protests involving the evaluation of offers, staff recommendations, or the award process must be submitted in writing to the Purchasing Manager no later than three business days after results are publicly posted. B) Protests must include: the name and address of the protestor; appropriate identification of the solicitation; if an award has been initiated, the award document number (if available); identification of the procedure that is alleged to have been violated; precise statement(s) of the relevant facts; identification of the issue to be resolved; protestor's argument and supporting documentation (Exhibits, evidence, or documents to substantiate any claims) and recommendation for further action. C) Upon receipt of the notice of protest, the Purchasing Manager shall cease the procurement process for the said project. 1) The Purchasing Manager will rule on the protest in writing within five business days from receipt of the protest. 141P �� _ United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 2) Appeals of the Purchasing Manager's decision must be made in writing within five business days after receipt thereof and submitted to the City Administrator for final resolution. The appellant shall have the opportunity to be heard and an opportunity to present evidence in support of the appeal. 3) The City Administrator's decision is final. 29. 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 bid or performance of the contract. 30.Prevailing Wage 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. The Contractor and its subcontractors shall comply with Section 5 of the Act that requires the contractor and its subcontractors to submit to IDOL 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 are a Class B misdemeanor. Each month's certified payroll(s)must be filed with the Illinois Department of Labor. 31. Contract Alterations No amendment of a contract shall be valid unless made in writing and signed by the City Administrator or his authorized agent. 32. 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. 15 1 F United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 33. Notices Any notice shall be in writing and shall be deemed sufficient when personally served or sent pre-paid first-class United States mail as follows: To the City: To the Contractor: City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 34. Execution of Documents The Bidder, in signing the Bid on the whole or any portion of the work, shall conform to the following requirements: • Bids signed by an individual other than the individual represented in the b i d documents shall have attached thereto a power of attorney evidencing authority to sign the B i d in the name of the person for whom it is signed. • Bids that 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 of attorney evidencing authority to sign the Bid,executed by the partners. • Bids that 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 B i d should be attached to it. Such B i d shall also bear the attesting signature of the Secretary of the corporation and the impression of the corporate seal. If the Bid is signed for a limited liability company, it should have the correct legal name and be signed by the managing member or other person with authority. • Bids received from any listed contractor in response to an invitation for bids shall be entered on the abstract of Bids and rejected. Bids, quotations, or offers received from any listed contractor shall not be evaluated for an award or included in the competitive range, nor shall discussions be conducted with a listed offer or during a period of ineligibility. If the period of ineligibility expires or is terminated prior to award, the City may, but is not required to, consider such bids, quotations, or offers. 35. Default The City may terminate a contract by written notice of default to the Contractor if: 161 P :3 United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 • fails to make delivery of the materials or perform the services within the time specified in the bid, or • fails to make progress so as to endanger performance of the contract, or • 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. 36.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. 37. Permits and Licenses The Contractor 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. 38. Change 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 bidder must be the result of an approved change order first ordered by the Director of the lead department and approved by the City Administrator and/or City Council. 39. Notification of Work Upon receiving the notice to proceed from the City, the Contractor shall notify the City's Director of Public Works 48 hours prior to commencement of work and 24 hours prior to each inspection(if applicable) at 630.878.7102. 40. Time of Completion The Contractor shall completely perform its bid 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 bid. 17� I' : United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 41. Incidental Work All work shown in the bid documents, described in the applicable specifications or in these Special Provisions and not covered by a pay item, will be considered as included in the bid. 42.Retention Ten percent (10%) retention will be held on the project until all project items have been satisfactorily completed. Retention will be reduced to 0% once all punch list items are completed(as determined by the City). 43.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. Invoices shall be paid by the City pursuant to the Local Government Prompt Payment Act(50 ILCS 505/1 et seq.). 44. Guarantees and Warranties All guarantees and warranties required shall be furnished by the Contractor and shall be delivered to the City before the final payment on the contract is issued. 45. Insurance (A)During the term of the Contract, the Contractor shall provide the following types of insurance is not less than the specified amounts: i. Comprehensive General Liability- $1,000,000 per occurrence; ii. Auto Liability - Combined Single Limit Amount of $1,000,000 on any Contractor owned, and/or hired, and/or non-owned motor vehicles engaged in operations within the scope of this Contract; iii. Workers Compensation - Statutory; Employers Liability $1,000,000 (the policy shall include a'waiver of subrogation'); iv. Umbrella Coverage - $2,000,000 (this shall apply to General Liability,Auto Liability, and Professional Liability, except if the amount for Professional Liability exceeds these combined limits, then Umbrella Coverage does not need to apply to Professional Liability); and v. Professional Liability - $5,000,000. (B)The Contractor shall furnish to the City satisfactory proof of coverage of the above insurance requirements, by a reliable company or companies, before commencing any work. Such proof shall consist of certificates executed by the respective insurance companies and filed with the City. Said certificates shall contain a clause to the effect that, for the duration of the contract, the insurance policy shall be canceled, expire or changed so as to the amount of coverage only after written notification 30 days in 181Pa _ e United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 advance to the City. In addition, said certificates shall list the City and its officers, agents, and employees as additional insureds on all required insurance policies except the policy for professional liability. (C)The Contractor shall require subcontractors, if any, not protected under the Contractor 's policies, to take out and maintain insurance of the same nature in amounts, and under the same terms, as required of the Contractor. 46.Indemnification The Contractor shall indemnify, defend and save harmless the City, its officers, agents, employees, representatives and assigns, from lawsuits, actions, costs (including attorneys' fees), claims or liabilities of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of negligent act or omission or any willful misconduct of said Contractor, its officers, agents and/or employees arising out of, or in performance of any of the provisions of the Contract, including any claims or amounts recovered for any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the "Worker's Compensation Act" or any other law, ordinance, order or decree. In connection with any such claims, lawsuits, actions or liabilities, the City, its officers, agents, employees, representatives, and their assigns shall have the right to defense counsel of their choice. The Contractor shall be solely liable for all costs of such defense and for all expenses, fees, judgments, settlements and all other costs arising out of such claims, lawsuits, actions or liabilities. 47. Punchlist The City will prepare punch-lists of items that require correction prior to acceptance. Under extenuating circumstances, the City may direct that certain items may be completed within 5 guaranteed working days allowed for clean-up and punch-list items. If all work is not accepted within that time, the Contractor will be subject to the Special Provision for Liquidated Damages. 48. Liquidated Damages Time is of the essence of 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 of $500.00, not as a penalty but as liquidated damages, for each day 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. These deductions are for the cost of delay to account for administration, engineering, inspection, supervision, and other costs and expenses 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 an extended and delayed performance by the Contractor of the work. 191P ; ,, c United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 49. 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. Unless otherwise amended in writing by the Director of Public Works, the date of the Start of any Guarantees, Warranties and Maintenance Bonds shall be coincident with the Date of Acceptance of the entire project. 50. Cleaning The Contractor and 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 the project to the satisfaction of the Director of Public Works. 51. Business/Resident Notification The Contractor shall not close any street or private driveway without the consent of the Director of Public Works, and the proper notification of the affected business/resident. 52. Use of Fire Hydrants No fire hydrants shall be used to obtain water for non-emergency use. Contact the City's Director of Public Works at 630.878.7102 for access. 53. Waiver of Lien Where applicable a waiver of lien and contractor's affidavit must be submitted by the Contractor, verifying that all subcontractors and material invoices have been paid prior to the City approving final payment. 54. Other Entity Use Although this solicitation is specific to the City, Contractors have the option of allowing this offer, if awarded by the City to the Contractor, to be available to other government agencies within the Kane, Will and Kendall Counties. If the successful Contractor and the 201Pa _ United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 interested entity/agency mutually agree on the Terms and Conditions, inclusive of pricing, both parties may perform business under the authority of this solicitation and contract. It is understood that at no time will any city or municipality or other agencies be obligated for placing an order for any other city, municipality or agency; nor will any city or municipality or agency be obligated for any bills incurred by any other city or municipality or agency. Further, it is understood that each agency will issue its own purchase order to the awarded Contractor. 2111' a United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 CONTRACTOR CERTIFICATIONS The undersigned Contractor; A. Certifies that it is not barred from Bidding or contracting with the City as a result of a violation of either Paragraph 33E-3 (Bid rigging) or 33E-4 (Bid rotating) of Act 5, Chapter 720 of the Illinois Compiled Statutes regarding criminal interference with public contracting; and B. Swears under oath that it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue as required by Chapter 65, Act 5, paragraph 11-42.1 of the Illinois Compiled Statutes; and C. States that is has a written sexual harassment policy as required by the Illinois Human Rights Act (775 ILCS 5/2-105(A) (4) a copy of which shall be provided to the City upon request; and D. Agrees to comply with the requirements of the Illinois Human Rights Act regarding Equal Employment Opportunities as required by Section 2-105 of the Illinois Human Rights Act (775 ILCS 5/2-105) and agrees to comply with the Equal Employment Opportunity Clause, Section 750, Part 750, Chapter X, Subtitle B of Title 44 of the Illinois Administrative Code incorporated herein by reference; and E. Agrees to comply with current applicable regulations of the Americans with Disabilities Act; and F. Agrees to comply with the civil rights standards set forth in Title VII of the Civil Rights Act as mandated in Executive Order No. 11246, U.S.C.A. Section 2000e n.114 (September 24, 1965); and G. Agrees to comply with the Substance Abuse Prevention on Public Works Projects Act (820 ILCS 265/1 et seq.) if this project is a "public work" within the meaning of the Illinois Prevailing Wage Act (820 ILCS 130/.01 et seq.) and prohibit substance abuse while performing such work and has a substance abuse prevention program; and H. Agrees to provide a drug-free workplace pursuant to the Drug-Free Workplace Act (30 ILCS 580/1 et seq.) (25 or more employees under a contract of more than $5,000 or for individuals only when greater than $5,000); and 1. Agrees to comply with the Employment of Illinois Workers on Public Works Act (30 ILCS 570/0.01 et seq.) and employ Illinois laborers if at the time of this contract is executed or if during the term of this contract there is excessive unemployment in Illinois as defined in the Act. Printed Name of ontractor J4 Signat a of uthorize resentative Date __ __ 22 Page United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Fainting Services March 12,2020 BID COST SHEET 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. The undersigned Bidder certifies that they are not barred from bidding on this contract as a result of a conviction for the violation of state laws prohibiting bid rigging or bid rotating (720 ILCS 5/33E-1, et seq.) and is not delinquent in any taxes to the Illinois Department of Revenue (65 ILCS 5/11-42.2-1). It is understood that the City reserves the right to reject any and all bids and to waive any irregularities and that the prices contained herein will remain valid for a period of not less than forty-five(45)days. I (We)propose to complete the following project as more fully described in the specifications for the following: Bidding Company Name: _L E Cct4A-P_ PAl KJ77 PJ!� d dw ',�-cog 6M OJ4 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. If it is the Contractor's intention to utilize a subcontractor(s) to fulfill 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 bid submittal. YES NO Will you be utilizing a subcontractor? If yes,have you included all required Information with your bid submittal? OR NO BID—Keep our company on your Contractors List Signature Date NO BID—Remove our company from Your Contractors List Signature Date 231Page United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 BID COST SHEET CONTINUED TOTAL COST: I�'llt� : =BEM I�►E��TI�(fl�X P��J�I�� .. z 1 Surface Preparation and Painting $ /' 600. b Q 2 Containment/Disposal $ 3. 30 O - p a PA Printed Name of.Co >r etor ... ac-14 0 Signature/ol Authorized Representative Date 241Page United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 DETAIL EXCEPTION SHEET Any exception must be clearly noted on this sheet. Failure to do so may be the reason for rejection of the bid. It is not our intention to prohibit any potential Contractor from bidding by virtue of the specifications, but to describe the material(s) and service(s) actually required. The City reserves the right to accept or reject any or all exceptions. Contractor's exceptions are: __ _ 251Page United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 VEHICLEXQUIPMENT LIST Name Make Model Year Use 1z 1z 6) r'r1C Si��� p S'6 �6/b b4 CQu,'amea T - UTI�1 _1R*/i-a RC 16, G i4R 67e An-As CampRcrsS�at 46�PCo .� 75 S, coo , L67ftXo oy ►>)D ST H14 14 6-5154R-F LJ A Tz---x 14arr,P)AIkk 1/1 AS/fc'rL AT51 735D PS i C 14 0( `aG7 l A( A"re Sd 5 dots vcw A,-n o,.,J 26 Page United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 SUBCONTRACTOR LISTING Provide the name, contact information, and value of work for each and every subcontractor which will be employed on this project. Subcontractor No. 1 Business Name Address City, State,Zip Code Contact Person Telephone Number Value of Work Nature of Work Subcontractor No. 2 Business Name Address City,State,Zip Code Contact Person Telephone Number Value of Work Nature of Work Subcontractor No. 3 Business Name Address City,State,Zip Code Contact Person Telephone Number Value of Work Nature of Work 27 Page United City of Yorkville,Illinois Invitation To Bid Countryside Lift Station Basement Painting Services March 12,2020 REFERENCES Enter below current business references for whom you have performed work similar to that required by this bid. Reference No. 1 Foy y)r R D Business Name 9a kL Address City,State,Zip Code c1481s (Or' )QpHe-�- Y Qp '39a 4/ 379 Contact Person Telephone Number `f i4 r 0 r l vs Ca 410 Ca✓4no)�z� Dates of Service Nature of Work N(;t3 Iq wjo �C15 Tl rU C7 Reference No.2 ClTy of :2=tq ►) o lj T P Business Name _56u1-H �gj-c SF- �� �- K-Da h- Address City,State,Zip Code L_ &R2� rJ '© � c.`�'Z 630 - S-Sa goal Contact Person p Telephone Number ';(p 19 t 03 T-)t3 �? A4 D C.._a i+-a V fi e?S Dates of Service Nature of Work A)U-W t4pa o E )C/S 77,0 Reference No.3 1,)H I yrA K C k Co nO sTR U C-r 1a n1 1A)c. Business Name !os C� -PAP I) 5-r- � & L UI&LC 1L, 6 S7/ Address City,State,Zip Code �� of k,) �15 n n m 6rA D 9 /S ;;t q ln -7 I l 9 Contact Person Telephone Number ()rJ C-�6 l )D,j "-r1 yj 6 x1 CV T1 vt1�a S Dates of Service Nature of Work IV Elw 1+ 10 �xlS%l y g 281Page Bond Number: 2433407 s` TM AIA —Document A31 0 2010 Bid Bond CONTRACTOR: SURETY: (Iame, legal status and address) (Name, legal status and principal place LeCuyer Painting&Decorating, Inc. of business) ADDITIONS AND DELETIONS: West Bend Mutual Insurance Company The author of this document has 313 Davis St PO Box 620976 added information needed for its Sandwich, IL 60548-2015 Middleton,WI 53562 completion.The author may also OWNER: ame, legal Status and address have revised the text of the original �` ) AIA standard form.An Additions and United City';of Yorkville Deletions Report that notes added 800 Game Farm Rd information as well as revisions to the Yorkville, IL 60560-1 133 standard form text is available from the author and should be reviewed.A BONE?AMOUNT:$ Ten Percent of the Amount Bid vertical line in the left margin of this document indicates where the author PROJECT: has added necessary information (Name, location or address, and Project number, if any) and where the author has added to or Painting deleted from the original AIA text. This document has important legal consequences.Consultation with an attorney is encouraged with respect The Contractor and Surety,are bound to the Owner in the amount set forth above,for the to its completion or modification. payment of which the Contractor and Surety bind themselves,their heirs,executors, administrators,successors and assigns,jointly and severally,as provided herein.The Any singular reference to Contractor, conditions of this Bond are such that if the Owner accepts the bid of the Contractor within Surety,Owner or other party shall be the time specified in the bid documents,or within such time period as may be agreed to by considered plural where applicable. 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. AIA Document A310TM—2010.Copyright®1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA", Document Init. is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA I software at 10:45:00 ET on 02/21/2020 under Order No.1487690772 which expires on 02/21/2021, and is not for resale. User Notes: (1496601206) Signed and sealed this 1 day of April , 2020 LeCuyer Painting&Decorating, Inc. r (Contract cip (Seal) (C . , (Witness) To Anthony LeCuy ident West Bend Mutual Insurance Company (Surety) (Seal) 011 / (Witness) L` ( tle) ammy Kolsc wsky ,Attorney -fact Init. AIA Document A310TM—2010.Copyright®1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA11'Document,or any portion of it,may 2 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA t software at 10:45:00 ET on 02/21/2020 under Order No.1487690772 which expires on 02/21/2021, and is not for resale. User Notes: (1496601206) AMP- "'00/WEST BEND THE SILVER LINING" A MUTUAL INSURANCE COMPANY Bond No. 2433407 POWER OF ATTORNEY Know all men by these Presents,That West Bend Mutual Insurance Company,a corporation having its principal office in the City of West Bend,Wisconsin does make,constitute and appoint: Tammy Kolschowsky lawful Attorney(s)-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 contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Ten Million Dollars($10,000,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21st day of December, 1999. Appointment of Attorney-In-Fact, The president or any vice president,or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys-In-Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company,and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked,for cause,or without cause,by any said officer at any time. In witness whereof,the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate seal to be hereto duly attested by its secretary this 22nd day of Se tember,2017, Attest Christopher C.Z Bart $_ Kevin A. Steiner Secretary �� f Chief Executive Officer/President State of Wisconsin County of Washington On the 22nd day of September,2017,before me personally came Kevin A. Steiner,to me known being by duly sworn,did depose and say that he resides in the County of Washington, State of Wisconsin;that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to said instrument is such corporate seal;that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order, ar , NOTAn ': Juli A nedum ,P�':,Puetac;:a; Senior'Corporate Attorney ':'F'` ,•' Notary Public,Washington Co.,Wl •.,xrir vi�s�,• My Commission is Permanent The undersigned,duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company,a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors,set forth in the Power of Attorney is now in force. Signed and sealed at West Bend,Wisconsin this 1st day of April 2020 Heather Dunn Vice President—Chief Financial Officer Notice: Any questions concerning this Power of Attorney may bedirected to the Bond Manager at NSI, a division of West Bend Mutual Insurance Company. 1900 S. 181h Ave. West Bend,WI 53095 1 ph(262)334-6430 1 1-800-236-5004 1 fax(262)338-5058 1 www.thesilverlining.com